Asian Journal of International Affairs <p>The Asian Journal of International Affairs is a double-blind peer-reviewed journal published by the Kathmandu School of Law, Suryabinayak-04, Dadhikot, Bhaktapur, Nepal. It publishes innovative and creative articles on International Affairs and focuses on the Oriental Philosophical approaches as the core of the research.</p> en-US <p>© Kathmandu School of Law and Author/s</p> <p>No part of the publication shall be reproduced or transmitted in any form by any means, electronic or mechanical- including photocopying, recording, or any information storage or retrieval system- for commercial purposes without written permission from the copyright holder. Readers are, however, encouraged to quote or reproduce material from this journal with due acknowledgement to the author/s and AJIA for academic purposes.</p> (Hari Prakash Chand) (Sioux Cumming) Tue, 03 May 2022 00:00:00 +0000 OJS 60 Seven Decades of Indo-Nepal Relations: A Critical Review of Nehruvian-Colonial Legacy, Trilateralism as a Way Forward <p>Nepal is one of few long-surviving nations in Asia. According to Pandit Bhagvanlal Indraji, a noted Indian historian, Nepal’s origin as a nation dates 12 years before the end of Dwapaayuga (approximately 1700 BC). The linguistic historian Bal Krishna Pokharel and Italian writer Guiseppe Tucci have narrated the historic succession of an empire with Sinja as its capital city including regions of Garwal, Kumaon, present Uttarakhand of India, and current Nepal’s capital city, the Kathmandu Valley. It is said that the powerful Nepal of that time had assisted Chandra Gupt Maurya to oust Dhana Nanda and establish the Mauryan Dynasty. These accounts plainly show Nepal’s antiquity as a nation with a history of glorious past, shaped by pearls of wisdom, serenity, and peace. Alongside, there are histories of mighty nations and civilizations both in the North and South where Nepal’s landscape and civilization always stand as a bridge between two mighty Empires ruled by several powerful dynasties and the world’s faveolus civilizations. However, from the beginning of the 19th century, Nepal lives in a turbulent time and series of turmoil. The genesis of chaos belongs to the British colonial occupation of India—as a fateful time in history. Nepal suffered from a British imperialist invasion beginning from 1814, ending at the loss of its larger part of the geography, namely Garwal and Kumaon, which now form the territory of independent India. Against this backdrop, this paper focuses on analyzing Indo-Nepal relations from a historical perspective. It assesses a winding history of Indo-Nepal relations followed by examining the 1950 Peace and Friendship Treaty, critically analyzing Indian claims and blames about China factor in Indo-Nepal relations, and explaining the role of geography and geopolitics in Indo-Nepal relations along with International Law and rules of International Relations incorporating the perspective of conspiracy theory. The paper claims that Indian foreign policy to Nepal has some faultiness and fault lines, therefore, she needs to correct her foreign policy towards Nepal based on equality in sovereignty and status. It adopts a qualitative method with descriptive, interpretative, and critical approaches. Lastly, it concludes that the trilateralism is the necessity of the economic boom of the region as a whole for the common gains and prosperity of all mankind of the South Asian region.<br><br></p> Yubaraj Sangroula Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Where is Bie-Modern Going? Responding to Professors who study Bie-modern Theories <p>“Bie-modern” is a theory about social form. It refers to “doubtful modernity” or pseudo modernity, manifested in the hybridity of the modern, pre-modern and post-modern. At present, Bie-modern theory is applied in philosophy, aesthetics, literature, linguistics, art, design, psychology, tourism, law, economics, and Human-Computer Interaction. Bie-modernism is to seek the direction of future development in the mixed society and to reduce human misjudgments and errors on the way forward. Therefore, it is the priority of Bie-modernism to distinguish between truth and falsehood. Where is Bie-modern going? Firstly, we shall leave the ambiguity of the word “Bie”, to distinguish the difference between Bie-modernism and “plural modernity”, to distinguish true and false modernity, to distinguish the difference between Bie-modernism and modernism and post-modernism. Secondly, towards authenticity, to seek the truth and reality and implement the real modernity. Thirdly, we will be implementing life equity/life stocks, an inherent right to life of every individual, and the share that the right to life holds in the total wealth of society that cannot be deprived, transferred for the whole of their life, that means the right to enjoy free medical care, free education, free old-age pension, and the right to food, clothing, housing, and transportation. To realize human life equity/life stocks, the historical mission of society lies in eliminating the proletariat rather than the bourgeoisie. Life equity/life stocks is a primitive and real right, which is not influenced by acquired ideas and has the most irreplaceable dignity and value of life. Life equity/life stocks are closely related to human well-being and aesthetic feeling, and it has become the source of both. Lastly, we will be upholding “Bie”, the distinguishing, to the end through entering the ideological market and keeping authenticity, implementing life equity/life stocks, and the Great-leap-forward Pause of Bie-modernism. At present, Bie-modernism has rippled in the United States and the European Union. In the future, we will bring it to more countries and regions. The future development of Bie-modernism will focus on returning to the origins and implementing life equity/life stocks.</p> Wang Jianjiang Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Three Dimensions to Understand “a Global Community of Shared Future” <p>A Global Community of Shared Future for mankind (GCSF)1 was put forward from legalizing of the great rejuvenation of the Chinese nation, China’s answer to the questions of our times, to promote human progress echoing the trend of the times It provides a new world view and has significant implications for the world. However, the current literature is insufficient in helping us comprehend the concept comprehensively. In this article, we will propose a model to understand GCSF from three dimensions, in which we consider GCSF as a process, instead of a static state. Three dimensions are given to grasp both the conceptual and practical aspects of GCSF: the time dimension, space dimension, and logic dimension. We argue that we should understand GCSF from the angles of history, reality, and the future. It starts from the neighbouring countries, then developing countries, and finally seeks to include all peoples in the world. Besides, the shared future is based on an independent and connected future. Common targets, common responsibilities, and a common identity are necessary for laying the foundations for GCSF. The model can be adapted to analyze the political phenomenon of GCSF in different periods and scales. As the Belt and Road Initiative (BRI) is the major international cooperation mechanism to build GCSF, we adopt the model to analyze the case of China-Europe relations in the context of BRI.</p> Wang Yiwei, Zhang Pengfei Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Governance, Democracy and Inclusion in the Perspective of Nepal <p>Proportional representation is more effective in terms of inclusive governance. The constitution of Nepal, adopted in 2015, has largely implemented it. Quotas are reserved in different sector of the state. Despite this, various factions within Nepali society are still in movement in different form. There are two genuine questions in this context. Are the constitutional provisions appropriate? What are the challenges in the paths of inclusive governance? The objectives of this paper are to examine Nepal’s existing practices of inclusion in the governing process, and the challenges of inclusive democracy from a Nepali perspective. The descriptive research design was adopted in this paper. Secondary sources were used to acquire the information. In addition, the KSL comprehensive guideline was followed to prepare this paper. The conclusion of this paper is that the country faces numerous challenges in implementing inclusive governance, like the movement of concerning republicanism, secularism, federalism and inclusion. Nevertheless, federalism, republicanism, secularism and inclusions are crucial requirements for sustainable peace. Obviously, the PR model of representation in each state organ ensures that all sections are represented.</p> Parbat Kumar Rai Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Nature of the State: Marxist Critique and its Divergences in Contemporary World <p>This paper seeks to synthesize the scientific issues of the Marxist critique of the State. Taking insights from secondary literature, it discusses the concept and characteristics of the State in general and then specifies the contestations of the Marxist perspective on the nature of the State. The paper illustrates how classical Marxism perceives State as a unilinear product of class struggle and serves the welfare of the dominant class. However, the recent developments in Marxism have raised questions to the realist and structural perspective of the State. The Neo-Marxist and post-Marxist scholars contributed along with the concepts of ideology, changing relations of base-structure, hegemony, State apparatus, and crisis in the purist form of class. This paper concludes that these developments are unavoidable in the present-day Marxist discourse which can be theoretically levelled as multi-realist and post-structural critiques of the State. It is expected that the implication of the paper lies to foster the Marxist critique of the state, primarily in different social science disciplines including political science, international relations, economics, and development studies.</p> Mahendra Sapkota Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 The Contours of Saudi Arabia-Pakistan Relations and its Impact on India <p>Pakistan and Saudi Arabia’s relations have been historically substantial in the economic, political, strategic, and cultural spheres. Both countries have shared diplomatic platforms at bilateral, regional, and global levels, including the Organisation of Islamic Cooperation (OIC). Saudi Arabia has traditionally been the major exporter of petroleum and a crucial market for Pakistani services and products. The study is an attempt to evaluate the recent trends and the phenomenal changes that have undergone and the dynamics of the new emerging shifts in Saudi-Pakistan relations. The worsening relations between Saudi Arabia and Pakistan provide an opportunity for India to expand its influence in the Gulf region and counter Pakistan’s narrative on Kashmir at different international forums. It has further been assumed that India seeks to materialise new opportunities for the expansion of strategic objectives while trying to reduce Saudi security dependence on Pakistan.</p> Zahoor Ahmad Mir, Reshmi Kazi Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Terrorism and International Humanitarian Law (IHL): Defining the Status of Islamic State of Iraq and Syria (ISIS) <p>The wings of terror of ISIS has started since 2014. By 2019, ISIS the terrorist organization, spreading its wings over Syria, Iraq, and many other states around the world causing the death of thousands. The suffering due to acts of terrorism is innumerable. The conflict in Syria has reached a threshold that triggered the application of the Geneva Conventions and its Additional Protocols. ISIS is violating the International Humanitarian Law in every phase of its operation. Though ISIS is not a party to the aforesaid Conventions, the rules of IHL apply to it. This paper has envisaged the conflict in the Syrian Arab Republic and the classification of the armed conflicts. In addition, it has shown the origin of ISIS and their terrorist attacks during the last five years and how the parties in the conflicts including ISIS have responsibilities under the IHL. In doing so, the paper has relied on existing scholarly articles, books, newspaper reports as well as other international instruments.</p> Zahirul Bashar Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Higher Defense Organization in Nepal <p>An efficient Higher Defense Organization (HDO) is mandatory for any nation to match their national security objectives based on their geostrategic environment, challenges, and historical experiences. The components of HDO need efficiency, synergy, and decision-making ability to complement national interests. Nepal is experiencing diverse national security challenges of the millennia. In Nepal’s context, there is a requirement to revisit higher defense management components and enhance their capability so we guarantee their high-quality interface with elements of national power to effectively secure national interest. In the article, the HDO will be studied to identify our weaknesses to draw a framework of understanding.</p> Suresh Sharma Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 The Role and Influence of Malaysia in ASEAN and the Regional Impact of the Organization on the Nation <p>ASEAN and Malaysia, have successfully wielded each other’s existence to accomplish success in various aspects. Malaysia has played a crucial role in facilitating and molding the overall development and progress of ASEAN and played a vital part in establishing the foundation of the ASEAN Charter which presents the lawful character of ASEAN. On the other hand, Malaysia is a trading country that strongly relies on its associates at the international stage and ASEAN comes on the way of uplifting the process. Malaysia has received various advantages of trade incentives, international relations, and facilities like investment coordination, trade liberalization, etc. This paper intends to manifest the influence of ASEAN in Malaysia. It also highlights profuse aspects of the role of Malaysia on ASEAN, how they build each other’s strength. The purpose of this paper is to bring the issue to light about how ASEAN can overcome the shortcomings and depend on its intrinsic unity only, and create a stronger relationship with Malaysia by overcoming the deficiencies.</p> Harsh Mahaseth, Sabrina Hilali Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Biden Doctrine, Xi's Theory, and Afghanistan <p>No Abstract available.</p> Shambhu Ram Simkhada Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Book Title: Nepal India China, Relations in the 21st Century <p>Book on the vitality and complexity of Nepal’s foreign relations by Shambhu Ram Simkhada.</p> Purushottam Poudel Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Editorial Note Vol.1 <p>At this moment where Nepal has surfaced as a sensitive geopolitical center for global powers, the Kathmandu School of Law (KSL), a reputed law college in Nepal, is proud to bring Nepal's first comprehensive Journal focusing on Asian Affairs in the international arena. It comprises six major parts entitled 'Editorial Note', 'Research Articles', 'Essay', 'Advisor's Opinion', 'Book Review', and 'AJIA Dialogue'. [for more see full text]</p> Hari Prakash Chand Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Silicon Valley to Silk Road: Chimerica to Chiorld <p>No Abstract available.</p> Md Abdur Razzak Copyright (c) 2022 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000 Theme: Geopolitical Turbulence in South Asian Politics: What Nepal can learn from Afghanistan Crisis? <p>No Abstract available.</p> Dhananjay Tripathi, Khaganath Adhikari, Li Tao, Nasreen Ghufran Copyright (c) 2021 Kathmandu School of Law and Author/s Fri, 31 Dec 2021 00:00:00 +0000