January - March 2011 1

President & Secretary GeneralRahmatullah Khan

Vice PresidentsNarinder Singh

C. K. ChaturvediR. Venkat Rao

TreasurerV. G. Hegde

DirectorS. K. Verma

INSIDE

Recent Activities ....................................... 2

Recent Developmentsin International Law ............................... 2-7

New Acquisition in ISIL Library ................ 7

Current Issue of IJIL ................................. 8

Forthcoming Events ................................. 8

Published by:The Indian Society of International Law

V.K. Krishna Menon Bhawan,9, Bhagwan Dass Road,

New Delhi-110001 (INDIA)Tel.: 23389524, 23384458-59 Fax: 23383783

E-mail: isil@giasdl01.vsnl.net.inWebsite: www.isil-aca.org

The Indian Societyof International Law

VOL. 10, NO. 1, January-March, 2011

N E W S L E T T E R

For members only

Obituary

I write this with a heavy heart: Our beloved President R. P. Anandleft us on 7 February 2011 after a small period of illness andhospitalisation. He was surrounded by his family, friends andcolleagues. His departure has left a void which is impossible to fill.His was a towering personality that shaped public international lawin India, and had a profound impact in India and abroad.Over 50 years of teaching and research and more than 21 books onthe subject, he had produced an envious corpus of internationallegal jurisprudence and a bevy of young and ambitious professionals.No one admired and critiqued his work more than I did. Starting as

professional rivals, we ended up as a mutual admiration brotherhood. He was the doyen ofinternational lawyers who dominated the scene more than 50 years and left an admirablelegacy which no one could ignore or emulate.Prof. Anand (born June 15, 1933 at New Delhi), after his LL. B. with a first division in 1953,received his LL.M. in 1957 from Delhi University, Delhi with distinction in International Law.He was declared as the best LL. M. student in the University in that year and was awarded aspecial prize. In 1958, he joined the Indian School of International Studies as a Senior ResearchFellow in International Law. In 1960-61, he joined the Yale University School of Law as aSterling Fellow where he received his LL.M. in 1962 and J.S.D. in 1964. In January 1964, Dr.Anand was appointed Research Associate at the World Rule of Law Centre, Duke UniversitySchool of Law. In 1965, he returned to the Indian School of International Studies (now part ofthe Jawaharlal Nehru University) where he had been Professor of International Law and alsoChairman of the Center for Studies in Diplomacy, International Law and Economics. In 1969,Dr. Anand was selected National Lecturer in Law by the University Grants Commission of theGovernment of India, and he delivered lectures at several universities in India on “New Statesand International Law.” In 1970-71, Dr. Anand was awarded a fellowship by the WoodrowWilson International Centre for Scholars in Washington, D.C. In 1973 he was appointedConsultant to the United Nations Secretary-General on Law of the Sea. On leave from hisUniversity, from 1978-1982, Dr. Anand joined the Culture Learning Institute of the East-WestCenter Honolulu, as a Research Associate where he worked on a project on “ASEAN and theLaw of the Sea.” He delivered Hague Lecture on “Sovereign Equality of States in InternationalLaw” in 1986. Prof. Anand published more than one hundred articles in professional journalsin Canada, Europe, India, Japan, and the United States.

Rahmatullah Khan

2 January - March 2011

RECENT ACTIVITIES/ RECENT DEVELOPMENTS

A CONDOLENCE MEETING TO

MOURN THE SAD DEMISE OF

PROF. R.P. ANAND, PRESIDENT,

ISIL

ISIL organized a condolence meeting tomourn the sad demise of Prof. R. P. Anand,President, ISIL, on 07 February 2011 at theISIL. Prof. R. P. Anand served the ISIL invarious capacities. He was ProfessorEmeritus of Centre for International LegalStudies, School of International Studies,Jawaharlal Nehru University, New Delhi.Over the years he helped in shaping publicinternational law in India and throughout theworld by his notable publications and laidthe foundation for third world approaches onthe subject. Most famous among hispublications is perhaps New States andInternational Law, have deeply influencedthe thinking of the millions of people. Hewas the doyen of international lawyersamong developing countries. Jurists all overthe world mourned his death and paid theirtributes to him.

Over 50 years of teaching and more than 21published books on the subject, he is one ofthe pioneers of the Third World Approachesto International Law movement. His writingshave fundamentally shaped the scholarship,practices and methods of a generation ofinternational legal scholars in the globalsouth, and will continue to wield influencewell into the future. He was a wonderfulhusband to his wife, a wonderful father tohis children and grandfather to hisgrandchildren. EC Members, Life Membersand Associate Members of the ISIL werepresent in the meeting.

UGC REFRESHER COURSE ON

INTERNATIONAL LAW

The ISIL organized the UGC RefresherCourse on International Law for lawteachers from February 16 - March 09,2011. 12 law teachers participated in theRefresher Course.

SPECIAL LECTURE ON ‘HUMAN

RIGHTS DIMENSION OF

INVESTMENT’ BY PROF. SUSAN

KARAMANIAN, ASSOCIATE

DEAN FOR INTERNATIONAL &

COMPARATIVE LEGAL

STUDIES, GEORGE

WASHINGTON UNIVERSITY LAW

SCHOOL

The ISIL organised a Special Lecture on“Human Rights Dimension of Investment” on1 March 2011 at its premises. Prof. S. K.Verma introduced the speaker, Prof. SusanL Karamanian, Associate Dean forInternational & Comparative Legal Studies,George Washington University Law School.The lecture witnessed lively exchange ofviews from the audience on herpresentation.

SPECIAL LECTURE ON ‘AFTER

THE LAST JUDGMENT: A

FUTURE FOR EGYPTIAN

CONSTITUTIONALISM AND

DEMOCRACY’ BY PROF.

ADRIEN WING, THE BESSIE

DUTTON MURRAY PROFESSOR

AT THE UNIVERSITY OF IOWA

COLLEGE OF LAW

The ISIL organised a Special Lecture on“After the Last Judgment: A Future forEgyptian Constitutionalism and Democracy”on 17 March 2011 at its premises. Prof. S.K. Verma introduced the speaker, Prof.Adrien Wing, The Bessie Dutton MurrayProfessor at the University of Iowa Collegeof Law. The lecture witnessed livelyexchange of views from the audience on herpresentation.

A DISCUSSION ON CUSTOMARYINTERNATIONALHUMANITARIAN LAW

The ISIL and the ICRC, New Delhi jointlyorganized “A Discussion on CustomaryInternational Humanitarian Law: Update onIndia’s Practice” on 31 March 2011.Mr. Christopher Harland, Regional LegalAdvisor, ICRC delivered a lecture on recentupdate on India’s Practice on IHL.

VISIT OF STUDENTS

A delegation of 30 students and theirteacher Ms. Namrata Solanki, Lecturer inLaw, from Faculty of Law, The MaharajaSayajirao University of Baroda (Vadodara)visited ISIL on 18 January 2011 and anotherdelegation of 20 students from Law College,Durgapur visited ISIL on 24 January 2011.Prof. Rahmatullah Khan, Secretary General,ISIL and Prof. S. K. Verma, Director, ISIL,spoke to the students and described theactivities of ISIL to the visitors and alsodiscussed the importance of internationallaw and career prospect in this area.

RECENT

DEVELOPMENT

SERBIA JOINS LIST OF

COUNTRIES AGREEING TO

ENFORCE ICC JAIL TERMS

The International Criminal Court (ICC) andthe Government of Serbia signed anagreement, on 20 January 2011, by whichpeople convicted by the court can serve

Participants of UGC Refresher Course

January - March 2011 3

their sentences in the Eastern Europeannation. Five other countries – Austria,United Kingdom, Belgium, Denmark andFinland – have concluded similaragreements with the ICC. ICC PresidentSang-Hyun Song and Justice MinisterSne•ana Malovic of Serbia represented tosign the agreement.

UN FORUM TO CONSIDER

SOCIAL DEVELOPMENT LINKED

TO FORESTS OPENS IN NEW

YORK

On 24 January 2011, countries havegathered at the United NationsHeadquarters in New York for the start of aforum on strategies to help the world’sforests promote social development,improve livelihoods and contribute towardsglobal poverty eradication. The UN Forumon Forests, which is made up of all the 192countries that make up the UN’smembership, runs for two weeks and aimsto emphasize the role and responsibilities ofpeople who depend on forests at a timewhen forests are threatened byunsustainable practices and economiccrises. At the Forum, policies andprogrammes related to forest-dependentcommunities, land tenure, and other socialand cultural aspects of forests has beendiscussed. Forests cover about 31 per centof Earth’s surface – or just under four billionhectares – according to the UN Food andAgriculture Organization. An estimated 13million hectares of the world’s forests arelost every year, mainly as a result ofconverting forest land to other uses. Morethan 60 million people are employed byforest-based industries and the annualvalue of wood removed from forests isestimated to be over $100 billion. At least1.6 billion people directly depend on forestsfor their livelihoods, the majority of thempoor inhabitants of areas next to forests;while an estimated 60 million people, mainlymembers of indigenous and localcommunities, live in forests.

UN ENVOY PROPOSES SPECIAL

COURTS TO TRY SUSPECTED

PIRATES

The United Nations special envoy onmaritime piracy off the coast of Somalia, on25 January 2011, proposed the setting up oftwo special courts inside the country andone in Tanzania to try suspected pirates,saying the problem in the Indian Ocean wasgetting out of hand and required “strong and

decisive action.” Jack Lang, the SpecialAdviser on Legal Issues related to Piracy offthe Coast of Somalia, said the internationalcommunity should work towards“Somaliazation” of responses to piracy byhelping local authorities in the regions ofPuntland and Somaliland to enhance theirjudicial and prison capacities in order toprosecute and jail captured pirates. In hisreport to the Security Council, Mr. Lang alsoproposed the establishment, for atransitional period, of a Somali“extraterritorial jurisdiction court’ in thenorthern Tanzania town of Arusha to dealwith piracy cases. The cost of the measureshe has proposed is estimated at about $25million, a “relatively modest” expensecompared to the estimated $7 billion whichhe said was the cost of piracy. Theinternational component of the cost to trainjudges, prosecutors, lawyers, prison guardsis “essential,” Mr. Lang said, adding that theUN, the African Union, the European Unionand other organizations should contribute.He also proposed strengthening the forensicelement of gathering evidence and theimposition of sanctions against the leadersof piracy gangs. Mr. Lang said his report isthe result of “extensive consultations with 50States, international organizations, privatecompanies and research institutes.”

The UN Assistant Secretary-General forLegal Affairs, Stephen Mathias, said the UNConvention on the Law of the Sea and otherinternational legal instruments, including theConvention for the Suppression of UnlawfulActs against the Safety of MaritimeNavigation, may also be relevant in the fightagainst piracy. In the case of Somalia, legalmeasures were complemented by a numberof Security Council resolutions, Mr. Mathiassaid. In November, the Security Councilrenewed for another 12 months theauthorizations granted to States andregional organizations cooperating withSomalia’s transitional government to fightpiracy off the country’s coast. As set out inprevious resolutions, this includes theauthorization for States and regionalorganizations to enter Somalia’s territorialwaters and use “all necessary means” –such as deploying naval vessels andmilitary aircraft, as well as seizing anddisposing of boats, vessels, arms andrelated equipment used for piracy. Also inNovember, Under-Secretary-General forPolitical Affairs B. Lynn Pascoe told ameeting of the Council that the growingproblem of piracy off the Somali coastdemands more than just military efforts, andcalled for simultaneous action on three

fronts – deterrence, security and the rule oflaw, and development – to combat thescourge.

MEXICO’S NEW REFUGEE LAW

A new law in Mexico on the protection ofrefugees and asylum-seekers that nowgives the country a legal framework thatcomplies with international standards in thisarea came into force on 28 January 2011.The law, which was formally signed byPresident Felipe Calderón was drafted in2009 by the Mexican Refugee Commissionwith technical support from the UN HighCommissioner for Refugees (UNHCR).Mexico signed the 1951 RefugeeConvention and its Protocol in 2000 and hasa history of protecting asylum-seekers andrefugees. However, until now, the countrylacked a specific legal framework asprevious laws did not comply withinternational standards. The new “Law onRefugees and Complementary Protection”incorporates Mexico’s good practices onrefugees, such as permission to work,access to health services including healthinsurance, access to education andrevalidation of studies. It includes definitionsof a refugee as per the 1951 Conventionrelating to the status of refugees as well theCartagena Declaration on Refugeesadopted in 1984. It also considers genderas grounds for persecution. Mexico willgrant complementary protection for peoplenot considered as refugees but whose lifehas been threatened or could be at risk oftorture, ill treatment, or other forms of cruelinhuman treatment. “This law conforms tointernational law and standards, as itincludes the principle of non-refoulement(no forced returns), non-discrimination, andno penalty for irregular entry, the familyunity principle, the best interests of thechild, and confidentiality, among others.Mexico continues receiving refugees fromLatin American countries (mainly fromColombia, Haiti, El Salvador, Honduras andGuatemala) but also extra-regional refugees(from Democratic Republic of the Congo, SriLanka, Iraq, Iran, Nepal, Nigeria, andMyanmar, among others).

AFGHANISTAN SIGNS PACT

WITH UN TO PREVENT

RECRUITMENT OF CHILD

SOLDIERS

The United Nations and the Government ofAfghanistan, on 30 January 2011, signed anagreement in which the country made acommitment to protect children affected by

RECENT DEVELOPMENTS

4 January - March 2011

armed conflict and to prevent therecruitment of minors into the nationalarmed forces. Zalmai Rassoul,Afghanistan’s Minister of Foreign Affairs,who represented the Government at thesigning of the agreement in Kabul withRadhika Coomaraswamy, the UN SpecialRepresentative on Children and ArmedConflict. Also signing the document wasStaffan de Mistura, the SpecialRepresentative of the Secretary-General forAfghanistan and head of the UN AssistanceMission in Afghanistan (UNAMA). TheGovernment responded by establishing theInter-Ministerial Steering Committee onChildren and Armed Conflict, comprisingeight ministries, the head of the NationalDirectorate of Security, and the PresidentialAdvisor on Education and Health.

UN PROTOCOL ON SHARING

BENEFITS OF WORLD’S

GENETIC WEALTH OPENS FOR

SIGNING

A new United Nations treaty on theequitable sharing of the planet’s wealth ofgenetic resources opened for signing, on 2February 2011, with Algeria, Brazil,Colombia and Yemen becoming the firstcountries to sign the protocol, which is alsodesigned to conserve and protect theworld’s diminishing resources. The Protocolon Access to Genetic Resources and theFair and Equitable Sharing of BenefitsArising from Their Utilization stipulates thebasic rules on how nations will cooperate inobtaining genetic resources. It was adoptedby the Conference of Parties to the UNConvention on Biological Diversity (CBD) inthe Japanese city of Nagoya in October2010. The Protocol will remain open forsigning in the Secretary-General’s office forthe next one year. It requires 50 Stateratifications to enter into force.

UNITED STATES VETOES

SECURITY COUNCIL

RESOLUTION ON ISRAELI

SETTLEMENTS

The United States, on 18 February 2011,vetoed a Security Council resolutioncondemning all Israeli settlementsestablished in occupied Palestinian territorysince 1967 as illegal, saying that while itagreed that the settlements are illegitimatethe resolution harmed chances for peacetalks. The other 14 members of the Councilvoted for the resolution, which demandedthat “Israel, as the occupying power,

immediately and completely ceases allsettlement activities in the occupiedPalestinian territory, including EastJerusalem and that it fully respect its legalobligations in this regard.” But as one of thefive permanent members, the negative USvote is the equivalent of a veto. Theresolution, co-sponsored by over 120 of theUN’s 192 Member States, also called onboth parties to comply with their obligationsunder the Road Map plan, sponsored by thediplomatic Quartet of the United Nations,European Union, Russia and US, whichseeks to establish a two-State solution ofIsrael and Palestine living side by side inpeace and security within recognizedborders.

UNEP CHOOSES INDIA AS

GLOBAL HOST OF THIS YEAR’S

WORLD ENVIRONMENT DAY

The United Nations EnvironmentProgramme (UNEP), on 22 February 2011,announced that India will be the global hostof this year’s World Environment Day(WED) on 5 June 2011, during which theintrinsic link between the quality of life andthe health of forests and forest ecosystemswill be highlighted. The theme of WED 2011– “Forests: Nature at Your Service” –complements the focus of the UNInternational Year of Forests. India’s 1.2billion people continue to put pressure onforests especially in densely populatedareas where people are cultivating onmarginal lands and where overgrazing iscontributing to desertification, according toUNEP. However, the Indian Governmenthas found solutions to the pressure onforests by embarking on tree-planting tocombat land-degradation anddesertification, including windbreaks andshelterbelts to protect agricultural land. Thecountry has successfully introduced projectsthat track the health of the plants, animals,water and other natural resources, includingthe Sunderbans – the largest deltaicmangrove forest in the world and home toone of India’s most iconic wildlife species –the tiger. India has also launched acompensation afforestation programmeunder which any diversion of public forestsfor nonforestry purposes is compensatedthrough afforestation in degraded or non-forested land. The funds received ascompensation are used to improve forestmanagement and the protection of forestsand of watershed areas. The celebrations inIndia on 5 June 2011 will be part ofthousands of events taking place across theworld. This year’s WED will emphasize how

individual actions can have an exponentialimpact, with a variety of activities rangingfrom school treeplanting drives tocommunity clean-ups, car-free days, photocompetitions on forests, bird-watching trips,city park clean-up initiatives, exhibits, greenpetitions, nationwide green campaigns andmuch more, according to UNEP.

UN TRIBUNAL CONVICTS

FORMER SERBIAN POLICE

OFFICIAL FOR CRIMES IN

KOSOVO

ICTY set up to deal with the worst offencescommitted during the Balkan conflicts of the1990s, on 23 February 2011, convicted aformer senior Serbian police official forcrimes carried out in Kosovo and sentencedhim to 27 years imprisonment. VlastimirÐordevic, the former Assistant Minister ofthe Serbian Ministry of Internal Affairs andChief of its Public Security Department, wasconvicted of crimes against humanity andwar crimes by the UN International CriminalTribunal for the former Yugoslavia (ICTY).He was found guilty of participating in a“joint criminal exercise in 1999, whose aimwas to change the ethnic balance of Kosovoto ensure Serbian dominance in theterritory”. “This objective was pursuedthrough a widespread campaign of terrorand violence against ethnic Albanians,which included deportations, murders,forcible transfers and persecutions.” Mr.Ðordevic was found to be responsible forthe murder of “not less than 724 KosovoAlbanians” who were murdered by Serbianforces, in most cases police, in severalmunicipalities. He was also foundresponsible for the deportation of at least200,000 of the estimated 800,000 KosovoAlbanians that left Kosovo between 24March and 20 June 1999. Mr. Ðordevic isthe eighth former senior Serbian official tobe tried by the ICTY and the sixth to beconvicted. Since its establishment, theTribunal has indicted 161 persons forserious violations of humanitarian lawcommitted on the territory of the formerYugoslavia between 1991 and 2001.Proceedings against 125 have beenconcluded, while proceedings are currentlyongoing for 34 accused.

NEW UN AGENCY FOR WOMEN

AND GIRLS

A new agency for women and girls cameinto operation on 24 February 2011. UNWomen – formally known as the UN Entityfor Gender Equality and the Empowerment

January - March 2011 5

of Women – was established in July 2010by the General Assembly, merging fourprevious UN bodies dealing with women’sissues. UN Women will be working with anannual budget of at least $500 million –double the combined resources of the fouragencies it comprises, namely the UNDevelopment Fund for Women (UNIFEM),the Division for the Advancement of Women(DAW), the Office of the Special Adviser onGender Issues, and the UN InternationalResearch and Training Institute for theAdvancement of Women (UN-INSTRAW). Itis headed by former Chilean PresidentMichelle Bachelet, who called the launch ofUN Women the first of many importantmilestones in the global pursuit of genderequality. The launch of UN Women is takingplace during the 55th session of the UNCommission on the Status of Women, theglobal policy-making body dedicatedexclusively to gender equality and theadvancement of women.

SECURITY COUNCIL IMPOSES

SANCTIONS ON LIBYAN

AUTHORITIES IN BID TO STEM

VIOLENT REPRESSION

The Security Council, on 26 February 2011,voted unanimously to impose sanctionsagainst the Libyan authorities, slapping thecountry with an arms embargo and freezingthe assets of its leaders, while referring theongoing violent repression of civiliandemonstrators to the International CriminalCourt (ICC). In its Resolution 1970, theCouncil obligated all United NationsMember States to “freeze without delay allfunds, other financial assets and economicresources which are on their territories,which are owned or controlled, directly orindirectly, by the individuals or entities”listed in resolution. The Council imposed atravel ban on President Muammar Al-Qadhafi and other senior figures in hisadministration, including some members ofhis family and other relatives. “All MemberStates shall immediately take the necessarymeasures to prevent the direct or indirectsupply, sale or transfer to the Libyan ArabJamahiriya, from or through their territoriesor by their nationals, or using their flagvessels or aircraft, of arms and relatedmaterial of all types, including weapons andammunition,” according to the armsembargo clause of the resolution. SecurityCouncil unanimously adopts sanctionspackage against Libya. The arms embargoalso prohibits Libya from exporting all armsand related materiel, and obligates UN

Member States to prevent the procurementof such items from Libya by their nationals.The Council directed the Libyan authoritiesto cooperate fully with the ICC in itsinvestigations of the situation in Libya since15 February 2011, while recognizing that thecountry is not party to the Rome Statute thatcreated the Court. In their resolution,members of the Council said that theyconsidered that the “widespread andsystematic attacks currently taking place inthe Libyan Arab Jamahiriya against thecivilian population may amount to crimesagainst humanity.” The Council demandedan immediate end to the violence and calledfor steps to fulfil “the legitimate demands ofthe population.” It called upon the Libyanauthorities to ensure the safety of all foreignnationals and their assets, and to facilitatethe departure of those wishing to leave thecountry. It also called for safe passage ofhumanitarian and medical supplies, andhumanitarian agencies and workers, intoLibya, and demanded the immediate liftingof restrictions on the media.

GA SUSPENDS LIBYA FROM UN

HRC

The United Nations Human Rights Council,on 25 February 2011, strongly condemnedthe recent violence in Libya and ordered aninternational inquiry into alleged abuses,while also recommending that the country’smembership in the UN’s top human rightsbody be suspended. In a resolution adoptedunanimously at the end of a special sessionheld in Geneva, the 47- member Councilcalled on the Libyan Government to meet itsresponsibility to protect its population,immediately end all human rights violations,stop any attacks against civilians, andrespect the popular will, aspirations anddemands of its people. Members of theCouncil are elected by the GeneralAssembly, which has the right to suspendthe membership of a country that haspersistently committed gross and systematicviolations of human rights during its term ofmembership. The process of suspensionrequires a two-thirds majority vote by the192-member Assembly.

The General Assembly, on 1 March 2011,suspended Libya from the United NationsHuman Rights Council for “gross andsystematic” human rights violations becauseof President Muammar Al-Qadhafi’s violentrepression of peaceful protestersdemanding his ouster. The vote by the 192-member Assembly, for which a two-thirdsmajority was required, followed a request on

25 February 2011 from the Geneva-basedCouncil itself that it suspend the NorthAfrican country – one of the top UN right’sbody’s 47 elected members – and waspassed by acclamation. It was the latestmeasure taken against Mr. Qadhafi’s regimeby the UN, where the Security Council hasalready imposed sanctions and requestedthat the International Criminal Courtinvestigate it for possible crimes againsthumanity. Only Venezuela expressedreservations about suspension on thegrounds that an investigation was neededfirst – but it did not stand in the way of thevote. Libya was elected last year with itsterm scheduled to end in 2013.

INTERNATIONAL CRIMINAL

COURT TO INVESTIGATE

QADHAFI REGIME FOR CRIMES

AGAINST HUMANITY

The International Criminal Court (ICC) willinvestigate Libyan President Muammar Al-Qadhafi’s regime for crimes againsthumanity in repressing peaceful protesters.ICC prosecutor Luis Moreno-Ocampo, on 30March 2011 said, preliminary examination ofavailable information shows that aninvestigation is warranted after the SecurityCouncil resolution asked him to look into theviolent repression in which more than 1,000people are reported to have been killed andmany more injured as Mr. Qadhafi’s loyalistsopened fire on peaceful civilians demandinghis ouster. On 4 March 2011, Mr. Moreno-Ocampo will present an overview of thealleged crimes committed in Libya since 15February and information on the entities andpersons who could be prosecuted at a newsconference in The Hague. After hisinvestigation he will present his case to ICCjudges who will then decide whether or notto issue arrest warrants based on theevidence. Only one sitting head of State hasso far been indicted by the ICC and slappedwith an arrest warrant – SudanesePresident Omar al-Bashir, who was chargedin March 2008 with war crimes and crimesagainst humanity in the strife-torn Darfurregion.

FIVE SENIOR APPOINTMENTS

TO POSITIONS IN KEY UN

OFFICES

Secretary-General Ban Ki-moon, on 11March 2011, announced five seniorappointments to several United Nationsoffices, including two deputies to the head ofthe newly-created entity for gender equality

6 January - March 2011

and the empowerment of women. On therecommendation of Michelle Bachelet, theExecutive Director of UN Women, Mr. Banappointed Lakshmi Puri of India and JohnHendra of Canada to the positions ofAssistant Secretary-General, according tothe deputy spokesperson of the Secretary-General, Farhan Haq. Ms. Puri will serve asAssistant Secretary-General forIntergovernmental Support and StrategicPartnerships at UN Women. She brings awealth of experience to the position,including a long career at the UNConference on Trade and Development(UNCTAD). She has also worked, in variouscapacities, for gender equality and women’sempowerment, human rights and peace andsecurity. Mr. Hendra was appointed UNWomen’s Assistant Secretary-General forPolicy and Programmes. He brings to thebody a wealth of experience, including thatgained in a career spanning two decades indevelopment programming in a number ofpositions in the UN, with a posting asResident Coordinator in Viet Nam and stintsin Tanzania and Latvia. The Secretary-General also appointed Sahle-Work Zewdeof Ethiopia as the Director-General of theUN Office in Nairobi (UNON). She becomesthe first person to serve in the newly createdposition at the level of Under-Secretary-General. Ms. Zewde is currently SpecialRepresentative and Head of the UNIntegrated Peacebuilding Office in theCentral African Republic (BINUCA).Kassym-Jomart Tokayev of Kazakhstan wasappointed Director-General of the UN Officeat Geneva (UNOG), becoming the firstAsian to serve in that capacity. Mr. Tokayevhas previously served as his country’sPrime Minister, Foreign Minister andChairman of the Senate. He also hasextensive knowledge on issues anddeliberations of the Conference onDisarmament. The Secretary-General alsoannounced his intention to appoint AbouMoussa of Chad as the SpecialRepresentative and Head of the newly-established UN Regional Office for CentralAfrica (UNOCA) in Libreville, Gabon. Mr.Moussa is currently the Secretary-General’sPrincipal Deputy Special Representative inCôte d’Ivoire.

SECURITY COUNCIL

AUTHORIZES ‘ALL NECESSARY

MEASURES’ TO PROTECT

CIVILIANS IN LIBYA

The Security Council, on 17 March 2011,effectively authorized the use of force in

Libya to protect civilians from attack,specifically in the eastern city of Benghazi,which Colonel Muammar Al-Qadhafi hasreportedly said he will storm tonight to end arevolt against his regime. Acting underChapter VII of the UN Charter, whichprovides for the use of force if needed, theCouncil adopted a resolution by 10 votes tozero, with five abstentions, authorizingMember States “to take all necessarymeasures… to protect civilians and civilianpopulated areas under threat of attack in theLibyan Arab Jamhariya, including Benghazi,while excluding an occupation force.” Theabstentions included China and Russia,which have the power of veto, as well asBrazil, Germany and India. Expressinggrave concern at the deteriorating situation,the escalation of violence, and the heavycivilian casualties, the Council established ano-fly zone, banning all flights – exceptthose for humanitarian purposes – in Libyanairspace in order to help protect civilians. Itspecifically calls on Arab League states tocooperate with other Member States intaking the necessary measures. The ArabLeague, on second week of March 2011requested the Council to impose a no-flyzone after Mr. Qadhafi was reported to haveused A group of people heading towards theLibyan border with Tunisia warplanes,warships, tanks and artillery to seize backcities taken over in what started out a monthago as mass protests by peaceful civiliansseeking an end to his 41-year rule. Theresolution further strengthens an armsembargo that the Council imposed lastmonth when it unanimously approvedsanctions against the Libyan authorities,freezing the assets of its leaders andreferring the ongoing violent repression ofcivilian demonstrators to the InternationalCriminal Court (ICC).

The Council called on Member States, on17 March 2011, to ensure strictimplementation of the embargo, includingthrough inspection of suspect ships on thehigh seas and of planes going to or fromLibya, deplored the flow of mercenaries intoLibya whom, according to media reports, Mr.Qadhafi has recruited. Demanding animmediate ceasefire and a complete end toviolence and all attacks against and abuseof civilians, and condemning the “gross andsystematic violation of human rights,including arbitrary detentions, enforceddisappearances and summary executions,”the Council noted that the attacks currentlytaking place may amount to crimes againsthumanity. ICC prosecutor Luis Moreno-Ocampo has already opened an

investigation into Mr. Qadhafi, some of hissons and members of his inner circle forsuch crimes in repressing peacefulprotesters. Secretary-General Ban Ki-moonhas said Mr. Qadhafi lost his legitimacywhen he declared war on his people.

UN HUMAN RIGHTS EXPERTS

STUDY MORE THAN 200 CASES

OF FORCED DISAPPEARANCES

The United Nations human rights expertstasked with assisting families determine thefate or whereabouts of disappearedrelatives examined over 200 cases duringits recent session held in Mexico City, and isnow conducting a mission to learn aboutMexico’s efforts in dealing with the issue.During its 15-18 March session, the UNWorking Group on Enforced or InvoluntaryDisappearances studied cases concerningAlgeria, Bangladesh, China, Colombia,Republic of Congo, Democratic People’sRepublic of Korea (DPRK), Egypt, Georgia,India, Iraq, Lebanon, Mexico, Morocco,Pakistan, Spain, Sri Lanka, Syria, Thailand,Tunisia, Turkmenistan, Uzbekistan,Venezuela and Yemen. The fiveindependent human rights experts alsoreviewed responses from variousgovernments to its letters and appeals, andheld meetings with representatives of Japanand Guatemala, as well as consultationswith family members of disappearedpersons and non-governmentalorganizations (NGOs). In addition, itexamined allegations submitted by NGOsregarding obstacles encountered in theimplementation of the Declaration on theProtection of All Persons from EnforcedDisappearance and decided to transmitgeneral allegations to various concernedgovernments. Since its creation in 1980, theworking group has dealt with more than50,000 cases in 80 countries. By openingchannels of communication between thefamilies and governments concerned, itseeks to ensure that individual cases areinvestigated and to clarify the whereaboutsof persons who have disappeared. Thegroup continues to address cases ofdisappearances until they are resolved. Itsfive expert members serve in their individualcapacities, and not as representatives oftheir governments. Immediately following itssession, the group started an official visit toMexico to learn about the country’s efforts indealing with the issue of enforceddisappearances. During the 18-31 Marchmission, the experts will collect informationwhich may lead to the clarification ofoutstanding cases of enforced

January - March 2011 7

RECENT DEVELOPMENTS/ NEW ACQUISITION IN ISIL LIBRARY

disappearances that occurred in the country.The UN expert body will examine thephenomenon of enforced disappearance,the status of the investigations of old andrecent cases and the steps taken to preventand eradicate enforced disappearances. Itwill also look at what is being done tocombat impunity, as well as other issuesconcerning truth, justice and reparations forvictims of enforced disappearances.

The fact-finding mission will be carried outby three of the group’s experts – JasminkaDzumhur, Osman El-Hajjé and Ariel Dulitzky– and a report on the visit will be presentedto the Geneva-based Human Rights Councilin 2012. The other experts are JeremySarkin, who serves as Chair-Rapporteur,and Olivier de Frouville.

UN HUMAN RIGHTS COUNCIL

TO APPOINT A RAPPORTEUR

TO LOOK INTO IRANIAN

RECORD

The United Nations Human Rights Councilvoted, on 24 March 2011, to appoint aspecial rapporteur to look into the situationin Iran, expressing concern over its lack ofcooperation with a previous GeneralAssembly call for the country’s authorities toimprove their human rights record. In aresolution adopted with 22 votes in favour,seven against and 14 abstentions, the 47-member Council said the rapporteur wouldreport to both the Council and to theGeneral Assembly. The text also called onthe Iranian Government to grant access tothe country for the independent humanrights expert who will take up the rapporteurpost.

MR PHILIPPE GAUTIER RE-

ELECTED REGISTRAR OF THE

TRIBUNAL

Mr Philippe Gautier was re-electedRegistrar, on 22 March 2011, by the Judgesof the International Tribunal for the Law ofthe Sea. Mr Gautier, a Belgian national, hasbeen Registrar of the Tribunal since 2001.He was Deputy Registrar of the Tribunalfrom 1997 to 2001. He began his career inthe Belgian Ministry of Foreign Affairs(1984–1997), where he served as Head ofthe Treaties Division (1995–1997) and asHead of the Law of the Sea Office (1991–1995). He is Professor at the CatholicUniversity of Louvain and is the author of anumber of publications on the Tribunal andthe law of the sea. Pursuant to the Rules ofthe Tribunal, the Registrar is elected from

among candidates nominated by the judgesof the Tribunal. Mr Gautier will serve asRegistrar for a second term of 5 years. Thefunctions of the Registrar are defined byarticle 36 of the Rules of the Tribunal.

WITHDRAWL OF REVISED

GUIDELINES FOR

DETERMINATION OF CRITICAL

WILDLIFE HABITATS

The Ministry of Environment and Forestsvide letter of even no. dated 7th February2011, had circulated the revised guidelineswith respect to determination of CriticalWildlife Habitats. Moreover, members ofsome civil society organizations maderepresentations to the Ministry that sometechnical, scientific, social and ecologicalissues related to the process of relocation ofpeople from such areas required to be finetuned to make it perfectly compliant to theprovisions of the Scheduled Tribes andOther Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006.The Ministry organized a meeting with theofficers of the Ministry of Tribal Affairs,State/UT Governments and therepresentatives of scientific and civil societyorganizations on 4th March 2011 to discussthe revised guidelines. Taking a note of theirconcerns, the Ministry has decided towithdraw the guidelines issued on 7thFebruary 2011, and has initiated theprocess for having new guidelines in place.

NEW ACQUISITION

ASIL, Proceedings of the 103rd AnnualMeeting, vol. 103 (ASIL, 2009).

Bentham, Jeremy, Introduction to thePrinciples of Morals and Legislation(Universal Law Publishers, New Delhi,2010).

Bhatt, S., Environment Protection: Role ofSpace Law, Air Law (APH Publications, NewDelhi, 2009).

Bonomi and Volken, Yearbook of PrivateInternational Law, vol. 10 (Sellier, Germany,2008).

Bunn-Livingstone, Sandra L, JuriculturalPluralism vis-a-vis Treaty Law (Kluwer LawInternational, The Hague, 2002).

Carlan, Philip E. and others, An Introductionto Criminal Law (Jones and BartlettPublishers, Boston, 2011).

Choudhary, Dansingh Suganchand, LegalDictionary English – Hindi (ManakPublications, New Delhi, 2010).

DenBerg, Albertjanvan, Yearbook ofCommercial Arbitration Vol. 35 (Kluwer LawInternational Law, 2010).

Dharmadhikari, D. M., Human Values andHuman Rights (Universal Law Publication,New Delhi, 2010).

Driessen, Bart, Inter-institutionalConventions in EU Law (Cameron May,London, 2007).

French, Duncan and others, InternationalLaw and Dispute Settlement: New Problemsand Technology (Hart Publishing, UK,2010).

Grubb, Philip W. and Peter R. Thomsen,Patent for Chemicals Pharmaceuticals, andBiotechnology: Fundamental of Global Law,Practice, and Strategy 5th ed., (OxfordUniversity Press, New York, 2010).

Harland, Christopher ed., Basic Documentson International Humanitarian Law: SouthAsian Collection (ICRC, New Delhi, 2010).

Holland, James and Julian Webb, LearningLegal Rules 7th ed. (Oxford UniversityPress, New York, 2010).

Italian Yearbook of International Law, vol.19(Martinus Nijhoff Publications, London,2010).

ITLOS, Pleadings, Minutes of Public Sittingand Documents 2007 vol. 14 (MartinusNijhoff Publications, 2011).

Jorgenson, Cornne M., ed., Proceedings ofthe International Institute of Space Law2009 vol. 52 (American Institute andAeronautical, 2010).

Kaczorowska, Alina, Textbook PublicInternational Law 3rd ed., (Routledge-Cavendish, 2008).

Kariotis, Theodore C., ed., Greece and Lawof the Sea (Kluwer Law International,London, 1997).

Kashyap, Subhash C., Indian Constitution:Conflict and Controversies (VitastaPublication, New Delhi, 2010).

Kaufmann, Christine, Globalisation andLabour Rights (Hart Publishing, USA, 2007).

Kelman, Park., A Guide to Critical LegalStudies 1st ed., (Universal Law Publishers,New Delhi, 2010).

Ku, Charlotte and Diehl, Paul F., eds.,International Law: Classic andContemporary Readings 3rd ed. (VivaBooks, New Delhi, 2010).

8 January - March 2011

Printers: Paras Printers 4648/21 Sedhumal Building, Ansari Road, Darya Ganj, New Delhi-110002

Indian Journal of International LawVol. 51 No. 1 January - March 2011

CONTENTS

FORTHCOMING EVENTS

1. Workshop on “India, the 123Agreement, and Nuclear Energy:Issues of International Law” 2 and3 April 2011.

2. Training Programme for IFSOfficers, 4th April – 13th April 2011

3. Annual Conference of ISIL, 16 and17 April 2011

4. Training Programme for the OfficerTrainees of the Indian EconomicService, 16th – 20th May 2011

5. Summer Course on InternationalLaw, 23 May to 3 June 2011

6. V. K. Krishna Menon Lecture, 27May 2011.

ARTICLES

Environment Exceptions under Article XXof the General Agreement on Tariffs andTrade (GATT): The Significance ofCustomary International Law and its Rolein the World Trade Organisation (WTO)Disputes Settlement System in the TwentyFirst Century

Shahrizal Mohd Zin & Ashraf U. Sarah Kazi

Commercial Order of Outer Space: Questfor Ethical Values

G. S. Sachdeva

Geological Sequestration of CO2 in theDomain of Deep Sea Bed – LegalImplication

V. Rajyalakshmi

SHORTER ARTICLES

Public Participation in the EnvironmentalDecision Making in Bangladesh: To WhatExtent is the Existing RegulatoryFramework Effective?

Najnin Begum & Rakiba Nabi

EDITORIAL COMMENT

India and the 1980 Hague Convention onCivil Aspects of International ChildAbduction

Lakshmi Jambholkar

OFFICIAL DOCUMENTS

Nagoya Protocol on Access to GeneticResources and the Fair and EquitableSharing of Benefits Arising from theirUtilization to the Convention on BiologicalDiversity, 2011

Agreement between the Government ofthe Republic of India and the Governmentof the Russian Federation on Cooperationin the Use of Atomic Energy for PeacefulPurposes, 2010

CRZ Notification, Ministry of Environmentand Forests, January 2011

BOOK REVIEW

Wing Commander (Dr.) U. C. Jha (Retd),The South Asian Military Law Systems

Srinivas Burra

SELECT BIBLIOGRAPHY AND NEWACQUISITIONS

Select Articles on Environment and NaturalResources, Intellectual Property Rightsand Law of Tort

New Acquisitions to the ISIL Library fromJanuary to March 2011

Kwiatkowska, Barbara, InternationalOrganization and the Law of the Sea:Documentary Yearbook vol. 17, 1997(Martinus Nijhoff Publications, 2010).

Lakshmanan, A. R., Arbitration Businessand Commercial Laws (Universal LawPublications, New Delhi, 2010).

Leary, David and Pisupati, B., The Future ofInternational Environmental Law (UnitedNations, Tokyo, 2010).

Lowe, A.V.L. S.A.G. Talmon, The Legal orderof the Oceans (Hart Publishing, USA, 2009).

Manohar, V. R., ed., AIR Ready Reckoner2010 (AIR, Nagpur, 2010).

Manohar, V. R. ed., Supreme Court YearlyDigest 2010 (AIR, Nagpur, 2010).

Merry, Sally Engle, Human Rights andGender Violence (Oxford University Press,New Delhi, 2009).

Mohamad, Rahamat, Asian AfricanPerspectives on International Law in PostWestphallan era (AALCO, New Delhi, 2011).

Newcombe, Andrew and Paradell, Lluis, Lawand Practice of Investment Treaties (KluwerLaw International, The Hague, 2009).

Noronha, F. E., Private International Law(Universal Law Publications, New Delhi,2010).

Patel, Thrity D., Death Penalty: National andInternational Perspective (CehrraPublication, Nagpur, 2010).

Peers, Steve, EU Justice and Home AffairsLaw 2nd ed., (Oxford University Press, NewYork, 2006).

Qureshi, Asif H., ed., International EconomicLaw 2nd ed., (Sweet and Maxwell, London,2007).

Rajkhowa, Subhram ed., IndigenousPeoples and Human Rights 1st ed., (R.Cambray and Co., Kolkata, 2009).

Reeder, John, ed., Brick on Maritime Law ofSalvage 4th ed., (Sweet and Maxwell,London, 2003).

Saidov, Djakhongir and Cunnington, Ralph,eds., Contract Damages: Domestic andInternational Perspective (Mohan LawHouse, New Delhi, 2010).

Sen, Sankar, Human Rights and InhumanWrongs (Gyan Publication, New Delhi, 2010).

Sercevic, Petar, Yearbook of PrivateInternational Law Vol. 11, (Sellier EuropeanLaw Publications, 2010).

Shany, Yuval, Regulating JurisdictionalRelations between National andInternational Courts (Oxford UniversityPress, New York, 2009).

UNHCR, Basic International Document onRefugee Law (UNCHR, New Delhi, 2007).

Vijapur, Abdulrahim P., Human Rights inInternational Relations (Manak Publications,New Delhi, 2010).