Theory of Adhiyukma of International Law
By Meenatchi Priyatharshini R, Pavithran S, Manoj Prakash S, School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University.
Abstract
Tracing back to ancient philosophies, regardless of the territory, they form a huge cluster of knowledge. These philosophies, being life oriented, the essence and crust of the philosophy can be interrelated to various other disciplines to give maximum favorable outputs. The Indian philosophy are of six schools and each school have various scholars and their ideologies. One such school called the Nyāya School advocates the Negativity Theory which says the presence and absence of something gives a set of knowledge. This theoretical concept is elaborated to its next form in this paper with reference to international law. The paper proposes a theory called the Adhiyukma Theory by which the maximum of benefit is obtained out of a thing by its presence and absence. International law does not satisfy all the tests of a typical law. But at the same time, it cannot be stated that it is not at all a law. This nature gives way for the maximum possible benefits and it is explained in this paper through the Adhiyukma Theory.
Keywords: Nyāya School, Negativity Theory, Adhiyukma Theory, International Law
Comments