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Evernote shared notebook: newspaper india's neighbours

India and UNO

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Saturday, November 26 2011, 1:12 AM

newspaper india's neighbours

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neighbo
United
Nations india's
Development
Action Framework 2013-17
This Framework articulates UN's strategy to help in India's economic development in next 5 years.
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sharedbackward
a
Created:
Nov 26, 2011
UN
has selected
states for direct help. The areas of focus for UN will be where it has
comparative
notebook with you.
advantage.
United Nations Reform
India and Germany
are a part of G-4 nations which also includes Brazil and Japan which are vying for Indi
UN permanent
Join Notebook
membership.
Germany
differs
from
India
in
the
sense
that
it
willing
to
become
a
Uniand Brazil
permanent member without getting the veto power now. It believes veto can be obtained in a decade. India
want to settle the issue once and for all.
ted
World Bank Aid
Nat
India currently receives $2 bio aid under the IDA (International Development Association) programme of World Bank.
ion
But such an aid can only be made to low income countries.
India's per capita income is $1,330 against the threshold of $1,175. As such India is classified as "blend"scountry and
may lose the aid in next 2 years.
Dev
In the middle income range, interest rates are higher than LIG though less than commercial rates.
elo
ICJ
pm
India-Latam
Judges
12/7/11 Community
for Latin
American
and Caribbean
States
The International Court of Justice is composed
of 15 judges
elected
to nine-year
terms
by the General Assembly
ent
and
the Security Council. These organs vote
(CELAC)
simultaneously
Oil Imports In financial
but separately.
year 2012-13,
In India
orderimported
to be 33.8
elected, a candidate
must
Act
receive an absolute majority of the votes
in crude
both oil
bodies.
of the
Court
is Venezuela,
elected every three years. Judges
mt of
from fiveOne
Latinthird
American
countries
ion
are eligible for re-election. Should a judge die or resign during his or her term of office, a special election is held as
Fra
India
Europe part of the term.
soon as possible to choose a judge to fill
the E
unexpired
All States parties to the Statute of the Court
12/7/11have
India-Ukraine
the rightStrategic
to propose
Relations
candidates.
Both countries
These
are proposals are me
made not by
the government of the State concerned,
but
by
a
group
consisting
of
the
members
of
the
Permanent
expected to ink an energy pact which will include gas, solar and
wor Court of
Arbitration designated by that State, i.e.nuclear
by theenergy.
four jurists
who
can
be
called
upon
to
serve
as
members
of an arbitral
Ukraine is also interested in supplying India
k Court of
tribunal under the Hague Conventions of 1899 and 1907. A State party to a case before the International
201
Central Asia
Justice which does not have a judge ofIndia
its nationality
on the Bench may choose a person to sit as judge ad
hoc in that
specific case.
11/27/11 Major Projects Economic Relations China
3Since the 1980s there has been a clear
- Central
increase
Asia trade
in iswillingness
$30 bio whileto
USuse
- C Asia
the Court, especially among17developing
trade
is
$25
bio.
India
C
Asia
trade
is
only
$500
1. law the
countries. After the court ruled that the U.S.'s covert war against Nicaragua was in violation of international
T
United States withdrew from compulsory
jurisdiction
India
and UNOin 1986. The United States accepts the court's jurisdiction only on
h
a case-by-case basis.UN Security Council
is authorized
to enforce
WorldAction
CourtFramework
rulings. 2013-17
11/26/11
United Nations
Development
Article 6 of the Statute provides that all This
judges
Framework
shouldarticulates
be "elected
UN'sregardless
strategy to help
of their
in India's
nationality among personsi of high
economic
development
in
next
5
years.
UN
has
selected
some or known as lawyers
s with
moral character", who are either qualified for the highest judicial office in their home states
sufficient competence in international Look
law. Judges
of the ICJ are not able to hold any other post. A judgeFcan be
East Policy
r
dismissed only by a unanimous vote of 11/18/11
other members
of theDisputes
Court. Dispute with
China's Island
a
All UN members are automatically parties
Vietnam,
to Philippines
the Court's
& Japan
statute.
ChinaNon-UN
has a dispute
members may also become parties
by
Vietnam
issue of
Spratly
(in
m over
following a procedure. However, beingwith
a party
to over
the the
statute
does
notislands
automatically
give the Court jurisdiction
e
disputes involving those parties. The issue
of jurisdiction is considered in the two types of ICJ cases: contentious
India EU
w
issues and advisory opinions.
11/18/11 India-EU Economic Relations The negotiations are stuck
o
The key principle is that the ICJ hasforjurisdiction
now. EU is India's
only on
largest
thetrading
basispartner
of consent.
with $107Inbiocontentious
trade.
cases (adversarial
CEPA
What
EU
Wants
Services
Mode
I
and
Mode
IV
exemptions
r to the
proceedings seeking to settle a dispute), the ICJ produces a binding ruling between states that agree to submit
k
ruling of the court. Cases come before India
it when
US brought by the parties. The Court also has a jurisdiction over "matters
a cases
specifically provided for ... in treaties 11/9/11
and conventions
in force".
Such cases
have not been as effective as
Economic Relations
US Immigration
Bill It
r
founded on special agreement, since awillstate
put 11
may
mm have
illegal immigrants
no interest
onin
a 13
having
year path
the matter examined by the Court
and
to
citizenship.
It
increases
the
total
number
of
H1B
t
may refuse to comply with a judgment. Since the 1970s, the use of such clauses has declined. Many modern treaties
i
set out their own dispute resolution regime,
based
Indiaoften
South
Asia on forms of arbitration.
c Such
Third, Article 36(2) allows states to 11/9/11
make India's
optional
clause
declarations
accepting the Court's jurisdiction.
small
neighbours
policy (C Raja
u
declarations made by states are voluntary.
Mohan) Changing
Furthermore,
stance required
many with
declarations
changing contain reservations. Industrialized
globalised
world Delhior
must
come totheir
termsdeclarations
with the
l
countries however have sometimes increased
exclusions
removed
in recent years.
a
The court also has advisory function. InIndia-Africa
principle, the Court's advisory opinions are only consultative in character,
but
t
they are influential and widely respected.
Advisory
Opinions
been
controversial
11/3/11
DPA of MEA
Lines ofhave
Creditoften
(LOCs),
which
are essentially because the questions
e before
asked are controversial or the case was pursued as an indirect way of bringing what is
really
contentious case
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the Court.
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Evernote shared notebook: newspaper india's neighbours

Article 94 establishes the duty of all UN members to comply with decisions of the Court involving them. If parties do not
comply, the issue may be taken before the Security Council for enforcement action. There are obvious problems with
such a method of enforcement. If the judgment is against one of the permanent five members of the Security Council
or its allies, any resolution on enforcement would then be vetoed. Furthermore, if the Security Council refuses to
enforce a judgment against any other state, there is no method of forcing the state to comply. Furthermore, the most
effective form to take action for the Security Council, coercive action under can be justified only if international peace
and security are at stake.
Generally, the Court has been most successful resolving border delineation and the use of oceans and waterways.
When deciding cases, the Court applies international law i.e. international conventions, international custom, and the
"general principles of law recognized by civilized nations".
International Criminal Court
As of May 2012, the Court's first trial, the Lubanga trial in the situation of the Congo, has ended with the accused found
guilty. The Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July
2002. ICC is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes. The
Court can generally exercise jurisdiction only in three cases, viz. if the accused is a national of a state party, if the
alleged crime took place on the territory of a state party or if a situation is referred to the Court by the United Nations
Security Council. It is designed to complement existing national judicial systems: it can exercise its jurisdiction only
when national courts are unwilling or unable to investigate or prosecute such crimes.
The accused are denied such basic rights as trial by a jury of one's peers, protection from double jeopardy, and
the right to confront one's accusers. But the positives are presumption of innocence; right to counsel; right to present
evidence and to confront witnesses; right to remain silent; right to be present at trial; right to have charges proved
beyond a reasonable doubt; and protection against double jeopardy.

Unlike the ICJ, the ICC is legally and functionally independent from the United Nations. However, the Rome Statute
grants certain powers to the United Nations Security Council. Article 13 allows the Security Council to refer to the Court
situations that would not otherwise fall under the Court's jurisdiction. Article 16 allows the Security Council to require
the Court to defer from investigating a case for a period of 12 months. Such a deferral may be renewed indefinitely by
the Security Council.
R2P
This was adopted by UN after the 90s massacres in Rwanda and Serbia. It was formally adopted in 2009 and applied
in case of Libya.
India's Stand
R2P can't be used to address all social evils including violation of human rights. Its use must be confined only to 4
cases i.e. genocide, war crimes, ethnic cleansing, crimes against humanity.
It can't be the default action of the international community. Coercive action under Chapter 7 should be the measure of
last resort.
It should not be used selectively and with bias and the principle must be applied uniformly.

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