Editorial

The 19th Conference of the Party meeting on Climate Change tookplace in Warsaw (Poland), from 11-23 November 2013. TheConference focused on the issues relating to the following: (a)mitigation of greenhouse gases; (b) financing greenhouse gasmitigation efforts in developing countries; (c) adaptation and (d)the tools relating to monitoring of implementation. TheConference took up for discussion the work of theAd Hoc WorkingGroup on the Durban Platform for Enhanced Action (ADP) on thefour components.

The main expectation for theADP at COP 19 was to intensify workon the content of the 2015Agreement and on pre-2020 ambition ofreducing greenhouse gases. The content of the negotiations

focused on how to bridge the “Emissions Gap”, the current level of ambition and what is necessary toachieve the target of keeping the global average temperature rise below 2 degrees Celsius (the climatesystem is supposed to stabilize at this point). What would be the legal means to achieve the target of 2degrees Celsius that is expected to enter into force by 2020 was fiercely debated by the climate changenegotiators.

The Warsaw Climate Change Conference took a different approach to curb the greenhouse gases. Insteadof relying on traditional approach of top-down model, it switches over to bottom-up approach. The latterenvisages that states themselves would decide the extent and nature of contributions to meet the target. Inother words, the contributions would be nationally determined rather than to be decided by the COP orthe COP/MOP. It fundamentally leaves the legal nature of the 2015 agreement wide-open.

Finance was specifically discussed at the Conference since the slow progress towards meeting the targetof 100 billion USD by the developed country Parties by 2020. The developing countries demanded aclear roadmap to scale up climate finance to the 100 billion USD promised for 2020, with a milestone of70 billion USD to be achieved in 2016. Pledges made in Warsaw, including US $ 40 million by theRepublic of Korea to the Green Climate Fund (GCF) and US $ 72.5 million by seven Europeangovernments to the Adaptation Fund, were insufficient to build confidence among developing countriesthat the promised target would be realized by 2020.

In a significant development, the Conference decided to set up an institutional mechanism to address lossand damage in countries that are particularly vulnerable to the adverse effects of climate change, andelaborate its functions and modalities in accordance with the role of the Convention. The purpose of themechanism is: enhancement of knowledge and understanding of risk management approaches toaddress loss and damage; strengthening interaction among relevant stakeholders and the enhancementof action and support.

On the adaptation front, the continuation and future design of the Nairobi Work Programme (NWP),which supports developing countries in the analysis and assessment of adaptation-related issues and is tolead to improved decision-making and implementation measures was considered.

In Warsaw, main outcome relevant to Measurable Reportable and Verifiable (MRV) (tools to monitor thequality of implementation) ofAnnex I countries were:

• The Revision of the UNFCCC reporting guidelines on annual inventories for Parties included inAnnex I to the Convention”, and

• The “work programme on the revision of the guidelines for the review of biennial reports and nationalcommunications, including national inventory reviews, for developed country Parties”.

The Warsaw Climate Change conference was not expected to produce any legally binding agreement butit was expected to contribute towards the building-up of the agreement significantly by the end of 2015.

Dr. E. M. Sudarsana Natchiappan

President

Vice Presidents

Treasurer

INSIDE

Executive President

Secretary General

Dr. E. M. Sudarsana Natchiappan

Lakshmi Jambholkar

A. K. GanguliM. Gandhi

B. C. Nirmal

Narinder Singh

V.G. Hegde

Recent Activities ........................................ 2-4

Recent Developmentsin International Law.................................. 4-12

Current Issue of IJIL ................................... 12

Forthcoming Events.................................... 12

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

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

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

Published by:The Indian Society of International Law

For members only

1959

THE

INDI

ANSOCIETY OF INTERNATIONAL

LAW

The Indian Society

N E W S L E T T E R

of International Law

VOL. 12, No. 2 & 3, April - September 2013

2 April - September 2013

RECENT ACTIVITIES

SPECIAL LECTURE ON “THEARCTIC AND THE MODERNLAW OF THE SEA” BY JUDGEHELMUT TUERK, ITLOS

42 ANNUAL CONFERENCE OFTHE INDIAN SOCIETY OFINTERNATIONAL LAW

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A Special Lecture on “The Arctic and theModern Law of the Sea” was organizedon 8 April 2013. The lecture wasdelivered by Judge Helmut Tuerk, ITLOS.Dr. E. M. S. Natchiappan, President, ISILwelcomed the speaker and NarinderSingh, Secretary General, ISIL gave voteof thanks. The role of India on the subjecthas been the focus of interaction. Thelecture witnessed lively interactions anddiscussion by the participants.

Indian Society of International Law (ISIL)organized its 42 Annual Conference on20-21 April 2013 at its premises. Morethan 150 delegates comprising lawfaculty members, researchers, students

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and lawyers from different parts of thecountry and representatives from severalembassies and ministries participated inthe Conference. Dr. E. M. S. Natchiappan,President, ISIL welcomed the chief guestHon'ble Justice Vikramajit Sen, Judge,Supreme Court of India. Justice Seninaugurated the Conference.

The 42 Annual Conference begins withthe Preliminary Remarks by Dr. NeeruChadha, Joint Secretary, L&T Division,MEA, Government of India on “Role of L&TDivision, MEA, Government of India in theDevelopment of International Law”. Foursessions were organized to discuss threethemes. First Session was organized on“Cyber Laws – Internet Treaties” which waschaired by Dr. Gulshan Rai, Director-General, CERTIN. Dr. Kamlesh Bajaj,CEO, DSCI, Shri Pavan Duggal, SeniorAdvocate, Supreme Court of India, Maj AnilKumar Bakshi, Lawyer presented theirpapers on the theme. Second Sessionfocusing the theme “Investment Treaties-Investment Disputes” was chaired byNarinder Singh, SG, ISIL. Eminentpanelists Shri T. C. James, RIS, Prof. A.Jayagovinda, Former Vice Chancellor,

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NLSIU, Bangalore presented their papersin this session. Third Session focusing“Climate Change” was chaired by ShriSanjay Parikh, Advocate, Supreme Courtof India. Dr. Archna Negi, AssistantProfessor, JNU, New Delhi, Dr. AnwarSadat, Assistant Professor, ISIL, Mr.Shiju M. V., Assistant Professor, TERI,New Delhi and Ms. Lovleen Bhullar,Independent Researcher presented theirpapers on the theme. Fourth Sessionwas on “Private International Law”chaired by Hon'ble Justice Manju Goel,Retired Judge, Delhi High Court.

The ISIL organized its 12 SummerCourse on International Law at itspremises from 27 May – 7 June 2013and the Course received a hugeresponse of 200 participants from manyparts of the country. The Summer Coursewas intended to introduce all branches ofinternational law and highlightcontemporary issues to the participants.The Course was inaugurated by Prof.

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12 SUMMER COURSE ONINTERNATIONAL LAW

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RECENT ACTIVITIES

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Philippe Cullet, ICERL on 27 May 2013.Prof. Cullet spoke on “Water andSustainable Development: InternationalLaw”. The lecture comprehensivelyexamines water law regulations andreform in the present decade, goingbeyond a simple analysis of existingwater law and regulations to encompassenvironmental, social, economic, andhuman rights aspects of water as anatural resource. Prof. Cullet said, “I amhappy to see so many of you havechosen to participate in the TwelfthSummer Course on International Laworganized by the Indian Society ofInternational Law. I am convinced that itis the only specialized course of thisnature which is filled with internationallaw experts that could come out withsome practical and workable ideas in thisregard. I wish the participants a greatsuccess.”

The substantive lectures of the Coursewere spread over two weeks. Lectureswere delivered on vital and contemporaryareas of international law, viz., GeneralPrinciples of Public International Law,Introduction to Private International Law,International Institutions, InternationalHuman Rights Law, InternationalHumanitarian and Refugee Law,International Criminal Law, Maritime Law,Public International Trade Law, Nationaland International Arbitration, InternationalEnvironmental Law and SustainableDevelopment. The faculties for theSummer Course comprised of eminentinternational law experts. The Coursewitnessed lively interactions anddiscussion by the participants.

ISIL and the International Committee of

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13 HENRY DUNANTMEMORIAL MOOT COURTCOMPETITION 2013 (NATIONALROUND)

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the Red Cross (ICRC), New Delhi jointlyorganized the 13 Henry Dunant MemorialMoot Court Competition (National Round)at its premises from 19 to 22 September2013. Dr. E. M. S. Natchiappan, President,ISIL, gave welcome address. On thisoccasion Hon'ble Justice JustiChelameshwar, Judge, Supreme Court ofIndia gave inaugural address. Heappreciated team members participating inthe Competition and underlined theimportance of the event in the present daywhich equips the students to develop skillsand create asset for the bar of the country.Ms. Mary Werntz, Head of the RegionalDelegation, ICRC, New Delhi alsoaddressed the gathering and spoke on theimportance of the moot court competitionand highlighted the contribution of theICRC in the development of internationalhumanitarian law. Participants from 54 lawuniversities and/ colleges came toparticipate in the Competition. NarinderSingh, Secretary General, ISIL gave aformal vote of thanks.

The Competition was conducted in fourstages, preliminary, quarter-final, semi-finaland final rounds. The participants werejudged on the basis of written memorials,appreciation of facts and law, advocacyskills, use of authorities and citations,general impression and court manners.Eminent professors, legal officers andinternational law scholars judged the teamsin preliminary, quarter-final and semi-finalrounds. Hon'ble Justice S. Ravindra Bhat,Judge, Delhi High Court, His Excellancy,Prof. (Dr.) Gudmundur Eiriksson,Ambassdor of Iceland to India and Dr.Nerru Chadha, Joint Secretary, L&TDivision, MEA, Government of India werethe final round judges.

andwere the winner and

runner up of the Competition respectively.was

adjudged the Best Advocate,

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National Law

University, Jodhpur Jindal Global Law

School, Sonipat

Kautav Shah, NLSIU, Banglore

Mohmmad

Kamran, NUALS, Kochi Kratika

Chaturvedi, GLC, Mumbai

National

Law University, Delh

andshared the

Best Researcher award, andi won Best Memorial

award in this Competition. Hon'bleJustice Bhat gave valedictory address onthe occasion.

A Special lecture was organized on“International Law and the Use of Force:What Happens in Practice?” on 13September 2013. The lecture wasdelivered by Sir Michael Wood, Member,International Law Commission, Geneva.The lecture witnessed lively discussion.

Two-day Training Workshop onIntellectual Property Rights and WTOAccountability – Scope of Patenting forIndian Forest Service Officers held on 22and 23 August 2013. ISIL undertookfollowing themes for discussion in theProgramme: 1. International and NationalPatent Laws; 2. India-Scope of Patent; 3.Forest, TRIPS, Convention on BiologicalDiversity and Traditional Knowledge; and4. Procedure of Patent. There werelectures and presentations on the abovementioned themes. The faculty of thetraining course consisted of eminentinternational law scholars. 30 IFS

SPECIAL LECTURE ON“INTERNATIONAL LAW ANDTHE USE OF FORCE: WHATHAPPENS IN PRACTICE?”

TWO DAY TRAININGWORKSHOP ONINTELLECTUAL PROPERTYRIGHTS AND WTOACCOUNTABILITY –SCOPE OFPATENTING FOR INDIANFOREST SERVICE OFFICERS

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Officers participated in the TrainingWorkshop.

ISIL organized the Convocation forawarding of Post Graduate DiplomaCertificates on 2 September 2013. Theceremony was also marked to inauguratethe Post Graduate Diploma Courses2013 conducted by the Indian Academyof International Law and Diplomacy, ateaching wing of the Indian Society ofInternational Law. Dr. E. M. S.Natchiappan, President, ISIL welcomedand introduced the chief guest Hon'bleJustice Vikramjit Sen, Judge, SupremeCourt of India to deliver the inauguraladdress. received V.Ms. Garima Sahdev

CONVOCATION ANDINAUGURATION OF P. G.DIPLOMA AND CERTIFICATECOURSES OF THE INDIANACADEMY OF INTERNATIONALLAW, ISIL, NEW DELHI

K. Krishna Menon Memorial Prize forsecuring the highest marks in the PostGraduate Diploma Course in InternationalLaw and Diplomacy;

received K. Krishna Rao MemorialPrize for securing the highest marks in thePost Graduate Diploma Course inInternational Trade and Business Law;

received Judge NagendraSingh Memorial Prize for securing thehighest marks in the Post GraduateDiploma Course in Human Rights,International Humanitarian and RefugeeLaw; receivedM. K. Nawaz Memorial Prize in the PostGraduate Diploma Course on IntellectualProperty Rights Law; and

, topped in the P GDiploma Course on InternationalEnvironmental Law.

Monthly discussions were organized on thefollowing topics:

Mr. Jitendra Kumar

Mishra

Mr.

Amit Upadhyay

Ms. Sowmyashree Kulkarni

Mr. Rohit Kumar

MONTHLY DISCUSSION FORUM

“India and Pakistan Water Relations: ALook at the Kishanganga” on 3 May2013. Dr. Uttam Kumar Sinha, Institute ofDefence Studies and Analysis (IDSA),New Delhi initiated the discussion.

“New Challenges of IPR for India” on 5July 2013. Prof. S. K. Verma, ECMember, ISIL initiated the discussion.

“US Surveillance, India and Snowden” on2 August 2013. Dr. Srinivas Burra, ECMember, ISIL initiated the discussion.

The Canadian government announced,on 29 March 2013 that it is withdrawingfrom a UN Convention to CombatDesertification (UNCCD) intended to fightdroughts in Africa. Canadian Prime

RECENT DEVELOPMENT

CANADA WITHDRAWS FROMUN CONVENTION COMBATINGAFRICAN DROUGHT

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Minister Stephen Harper claimed themove was necessary as the conventionwas "too bureaucratic" and that only onefifth of the CAN $350,000 contributed tothe convention actually was used forprogramming. Canada is now the onlyone state out of the 193 Member Statesnot party to the Convention. Canada hadsigned the convention in 1994 andratified it in 1995.

The decision to drop out of the UNCCDhas cast additional attention on Canada'senvironmental record. In 2011 Canadawas the first nation to withdraw from theKyoto Protocol on climate change. Thedecision to drop out of Kyoto was fiveyears after they were subject to a seriesof lawsuits for their failure to comply withthe standards imposed by Kyoto.

UN GENERAL ASSEMBLYAPPROVES GLOBAL ARMSTRADE TREATY

The United Nations General Assembly hasapproved a global arms trade treaty thatfailed to achieve unanimous support lastweek but garnered the support of a majorityof Member States when put to a vote on 2April 2013. The resolution containing thetext of the treaty, which regulates theinternational trade in conventional arms,received 154 votes in favour. ThreeMember States – Democratic People'sRepublic of Korea (DPRK), Iran and Syria –voted against the decision, while 23countries abstained.

However, the treaty is not perfect, sincenumerous ambiguities remain in the textwhich could end up favouring the armsindustry,” the expert added, stressing thatnothing in the treaty prohibits sellingweapons to non-State entities.

PEACEFUL USE OF OUTERSPACE AT HEART RENEWEDUN EFFORTS

On 8 April 2013, the Legal Subcommitteeof the UN Committee on the PeacefulUses of Outer Space (COPUOS) begana 12-day meeting in Vienna to the UNOffice of Outer Space Affairs (UNOOSA),focussing on the status and application ofUN treaties on outer space, definition anddelimitation of outer space, legalmechanisms relating to space debrismitigation measures and capacity-building in space law. The meeting,which follows a five-day session inGeneva of the UN-backed Group ofGovernmental Experts on Transparencyand Confidence-Building Measures inOuter Space Activities, will reviewnational legislation relevant to thepeaceful exploration and use of outerspace. It will open a new agenda item

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under a five year work-plan on the reviewof international mechanisms forcooperation in the peaceful explorationand use of outer space which will aim thisyear at identifying a range of bilateral andmultilateral legal mechanisms for spacecooperation.

There are five UN treaties dealing withouter space. These govern theexploration and use of outer space, therescue of astronauts and the return ofobjects launched into space, liability fordamage caused by space objects,registration of objects launched intospace, and the activities of States on themoon and other celestial bodies. Duringthe meeting working groups will report onthe status and application of thesetreaties and on the definition anddelimitation of outer space.

A new initiative unveiled, on 9 April 2013at the United Nations Forum on Forestswill provide clear and timely informationthat makes it easier for governments,companies and communities to fightdeforestation. Global Forest Watch 2.0 isa an independent, interactive, real-time,forest monitoring system that unitessatellite technology, data sharing andhuman networks around the world toprovide information critical to bettermanaging forests. It was developed bythe World Resources Institute and anumber of partners – including Google,the University of Maryland and the UNEnvironment Programme (UNEP) – andwas previewed for participants at theForum's current session in Istanbul,Turkey. Introducing the new tool, NigelSizer, Director, Global Forests Initiative,World Resources Institute, pointed outthat many countries have made

FORESTS: NEW UN-BACKEDMONITORING TOOL AIMS TOHELP COMBATDEFORESTATION

tremendous progress in improving thequality of information gathered aboutforests and making it accessible. Oneexample is Brazil, with its near real-timeforests monitoring systems that havegreatly enhanced its enforcement efforts.

Another example is Gabon, which isinvesting millions of dollars in improvingaccess across the region to satelliteimagery and remote sensing for a newinfrastructure programme that is beingdeveloped on the ground. According to theWorld Resources Institute, the newinitiative has been made possible thanks toa convergence of technologies and humannetworks, including advances in satelliteand remote sensing technology.

Also, cloud computing and open sourcesoftware can now be used to rapidlyprocess and interpret large volumes ofsatellite data at low cost by utilizing clustersof servers scattered around the world.Google Earth Engine's team is partneredwith Global Forest Watch 2.0 to optimizeeasy access to cloud computing-basedforest cover information.

Meanwhile, high-speed internetconnectivity enables sending data andforest maps processed in North America,Europe or Singapore to laptops and mobilephones in Jakarta, Kinshasa, Lima,Vladivostok, and other corners of theglobe. Also, smartphones, which are moreand more common, can be used by anyonein the field to download maps and satelliteimages, as well as upload GPS coordinatesand photographs from the ground.

In addition, crowd sourcing using simpleweb interfaces can empower largenumbers of people to gather and shareinformation, participate in forest monitoring,and hold decision-makers accountable.Added to this are social media outletswhich can spread information quickly, helpcommunities organize, and mobilize peopleto act.

INTERNATIONAL INVESTMENTDISPUTES HIT RECORD IN 2012– UN REPORT

Foreign investors are increasinglyresorting to investor-State arbitration tosettle investment disputes, with a recordnumber of cases filed last year,according to a new report released, on10 April 2013 by the United NationsConference on Trade and Development(UNCTAD). The report, “RecentDevelopments in Investor–State DisputeSettlement (ISDS)”, showed that 62 newcases were filed in 2012, of which 68 percent of respondents were fromdeveloping or transition economies.“Recent developments have amplified anumber of cross-cutting challenges thatare facing the ISDS mechanism, whichgives credence to calls for reform of theinvestment arbitration system,” saidJames Zhan, Director of UNCTAD'sDivision on Investment and Enterprise,which published the report.

Foreign investors challenged a broadrange of government measures,UNCTAD reported, including revocationsof licences, breaches of investmentcontracts, irregularities in public tenders,changes to domestic regulatoryframeworks, withdrawal of previouslygranted subsidies, direct expropriationsof investments and imposition of taxes.Nine decisions in 2012 awardeddamages, including the World Bank'sInternational Centre for the Settlement ofInvestment Disputes (ICSID), whichordered Ecuador to pay $1.77 billion toOccidental Petroleum Corp ascompensation for taking over its assets in2006. The monetary award was thehighest in the history of Investor-StateDispute Settlement (ISDS).

In addition, for the first time in treaty-based ISDS proceedings, an arbitraltribunal affirmed its jurisdiction over a

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counterclaim lodged by a respondentState against the investor. By the end of2012, the total number of known casesreached 518, and the total number ofcountries that have responded to one ormore ISDS claims increased to 95,according to UNCTAD. The overallnumber of concluded cases reached 244,out of which approximately 42 per centwere decided in favour of the State and31 per cent in favour of the investor.Approximately 27 per cent of the caseswere settled.

Turkey's newly adopted law on“Foreigners and International Protection”unveiled by the interior minister, on 11April 2013 marked significant changes inthe sense of human rights of immigrantsand foreigners. The law has three parts,“foreigners,” “international protection” and“migration management.” The law willfind a balance between public safety andthe rights of foreigners. Foreigners whocome to Turkish ports for less than 72hours will not be obliged to have visasunder the new law. The previous practiceused to oblige foreigners to get 24-houror 48-hour visas. To combat floatingmigration, Turkey will make carrierairlines firms return passengers whoseentrance to third countries is rejected.

The law also incorporates key elementsof international humanitarian and humanrights law. The Law on Foreigners andInternational Protection, recently adoptedby the Government, provides for theestablishment under the Ministry of theInterior of a specialized institution tomanage international protection. Thisinstitution will also prepare theimplementing regulations over the nextyear.

During this transition period and beyond,

TURKISH LAW ONPROTECTION OF FOREIGNERS

UNHCR will continue to extend its supportand expertise to the Turkish authorities inadvancing this legal framework and its fullimplementation. Presently, Turkey ishosting 34,576 asylum-seekers andrefugees originating from Afghanistan, Iraq,Iran and Somalia, in addition to 293,000Syrian refugees who have fled from theconflict in their homeland.

Half the Syrians are residing in 17 camps innine provinces while the others are inurban settings. Three more refugee campsare under construction. Turkey was one ofthe first countries to adopt a temporaryprotection status for Syrian refugees.

The United Nations International Court ofJustice (ICJ), on 15 April 2013 began newhearings on a spectacularly situated 900-year-old Hindu temple that has long been abone of contention between Cambodia andThailand and has in recent years led todeadly clashes between the two South-East Asian neighbours. Nearly two yearsago, the International Court of Justice (ICJ)ordered the two countries to withdraw theirmilitary personnel from around the PreahVihear temple complex located inCambodia, after renewed fatal skirmishesforced thousands of people to flee.

The site is inscribed on the World HeritageList which is drawn up by the UNEducational, Scientific and CulturalOrganization (UNESCO).

The hearings stem from Cambodia'srequest for the ICJ to interpret thejudgment it rendered in 1962, which foundthat the temple was “situated in territoryunder the sovereignty of Cambodia” andthat Thailand was under an obligation to“withdraw any military or police forces ...

UN COURT REOPEN CASE ONANCIENT TEMPLE AT CORE OFTHAI-CAMBODIAN BORDERDISPUTE

stationed by her at the temple, or in itsvicinity on Cambodian territory.”

In its request filed in April 2011,Cambodia argues that while Thailandrecognizes Cambodia's sovereignty overthe Temple itself, it does not appear torecognize the sovereignty of Cambodiaover the vicinity of the temple. In July2011, the Court ordered both sides towithdraw their military personnel as partof provisional measures.

An eight-member grouping of countriesworking to ensure sustainabledevelopment and improve the lives oflocal communities in South America'sAmazon – home to the world's largesttropical rainforest – has been hailed as amodel for regional cooperation at thetenth session of the United NationsForum on Forests (UNFF10).

The Amazon Cooperation TreatyOrganization (ACTO) is anintergovernmental body aimed atpromoting the sustainable developmentof an area spanning over 7.5 millionsquare kilometers – approximately 40 percent of the South American continent. Itcomprises Bolivia, Brazil, Colombia,Ecuador, Guyana, Peru, Suriname andVenezuela. ACTO was created in 1995 tostrengthen the implementation of theTreaty, which was signed in July 1978.The Treaty covers a range of areas,including forests, water resources,monitoring and management ofendangered wild fauna and flora species,indigenous affairs, and tourism.

The body's Permanent Secretariat waslater established in Brasilia, Brazil, in2002. Its agenda focuses on two mainareas: conservation and sustainable use

FORESTS: AMAZON TREATYAS MODEL FOR REGIONALCONSERVATION EFFORTS

RECENT DEVELOPMENTS

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of renewable natural resources; andsustainable development (improving thequality of life for the inhabitants of theAmazon region).

Between 2011 and 2012, membercountries have implemented activities tomonitor forest cover, strengthencommunity management of forests,identify additional resources for forestpreservation, promote awareness amongthe population of the Amazon, andpromoted international cooperation tocombat illegal logging.

The UN Food and AgricultureOrganization (FAO) is currently in thefinal stages of preparing a memorandumof understanding with ACTO tostrengthen collaboration between the twobodies in a number of areas of mutualinterest.

The agreement is expected to befinalized and signed in 2013.

Optional Protocol to InternationalCovenant on Economic, Social andCultural Rights entered into force on 5May 2013. The Protocol has 45signatories and 11 State Parties. TheOptional Protocol establishing complaintand inquiry mechanisms for theInternational Covenant on Economic,Social and Cultural Rights. It wasadopted by the UN General Assembly on10 December 2008, and opened forsignature on 24 September 2009.

The new measure, which came into forceon 5 May 2013 will allow individuals orgroups to file a complaint with the UN iftheir rights are infringed by a MemberState that is party to the Protocol.

NEW TREATY PROTECTINGECONOMIC, SOCIAL,CULTURAL RIGHTS

AT UN CONFERENCE,COUNTRIES BOOSTPROTECTION AGAINSTHAZARDOUS CHEMICALS ANDWASTE

NEW HEAD OF WTO & UNCTAD

Representatives from 170 countries haveadopted a series of measures tostrengthen protections against hazardouschemicals and waste during a UnitedNations conference in Geneva on 13 May2013. The conference, organized by theUN Environment Programme (UNEP) andthe Food and Agriculture Organization(FAO), brought together three UNconventions – the Basel, Rotterdam andStockholm instruments – that togetherregulate chemicals and hazardous waste,and sought to promote synergies amongthem. The three autonomous Conventionsconvened the joint meeting to strengthencooperation and collaboration between theParties to the treaties, with a view toenhancing the effectiveness of theiractivities on the ground. Each Conventionthen continued individually over the two-week period to deal with its own specifictopics of the global chemicals and wasteagenda before returning in a joint sessionat the end of the week to finalize theiroutcomes. Around 70 per cent of thechemicals addressed by the Basel,Rotterdam and Stockholm Conventions arepesticides, and many are used inagriculture. It has been argued in theConference that it is in the best interest ofall countries to ensure that the Basel,Rotterdam and Stockholm Conventions canwork together, effectively and efficiently, toaddress various aspects of the chemicallife-cycle.

At a special meeting on 14 May 2013, theGeneral Council of the WTO approved theappointment of Ambassador RobertoCarvalho de Azevêdo (Brazil) as the next

Director-General of the WTO. He beginshis term of office on 1 September 2013.Nine candidates were nominated by theirgovernments in December 2012 tosucceed the current Director-GeneralPascal Lamy.

The General Assembly, on 10 June 2013confirmed the appointment of MukhisaKituyi of Kenya as Secretary-General ofthe United Nations Conference on Tradeand Development (UNCTAD) for a four-year term, beginning on 1 September2013. Mr. Kituyi will succeed SupachaiPanitchpakdi of Thailand, who hasserved as head of the Geneva-basedagency since September 2005. A formerMember of Parliament and a formerMinister of Commerce and Industry ofKenya, Mr. Kituyi was nominated for thepost last month by Secretary-GeneralBan Ki moon. UNCTAD's membershipcomprises the 193 Member States of theUN, as well as the Holy See.

The United Nations General Assemblyvoted on 18 May 2013 to place FrenchPolynesia back on the UN list ofterritories that should be decolonized andrequested the French Government to“facilitate rapid progress […] towards aself-determination process.” TheAssembly's action places FrenchPolynesia back on the UN list of Non-Self-Governing Territories, bringing thenumber of inscriptions to 17.

Adopting a consensus resolution tabledby Nauru, Tuvalu and Solomon Islands,the Assembly affirmed “the inalienableright of the people of French Polynesia toself determination and independence”under the UN Charter, and declared that“an obligation exists [under the Charter]on the part of the Government of France,

GENERAL ASSEMBLY ADDSFRENCH POLYNESIA TO UNDECOLONIZATION LIST

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as the administering power of theTerritory, to transmit information onFrench Polynesia.” Although France hadundertaken to furnish information onFrench Polynesia in 1946, along withNew Caledonia, this transmittal ofinformation stopped the following year,as stated by the delegate of the SolomonIslands.

In June 2011, the Council of Ministers ofFrench Polynesia adopted a resolutionseeking self-determination within UNprocesses.

In that light, the resolution adopted by the193-member UN General Assemblyrequests the UN Special Committee onDecolonization to consider the questionof French Polynesia at its next sessionand to report to the General Assembly atits sixty-eighth session. It further requeststhe French Government, “as theAdministering Power concerned, tointensify its dialogue with FrenchPolynesia in order to facilitate rapidprogress towards a fair and effective self-determination process, under which theterms and timelines for an act of self-determination will be agreed.”

Through their statements in theAssembly, the United Kingdom, theUnited States, Germany and theNetherlands all disassociated themselvesfrom the consensus vote. According tonews reports, the French delegation tothe UN sent a letter to Member States onThursday announcing that it would not betaking part in the Assembly meeting.

Surveillance technologies used byGovernments must not violate theircitizens' privacy, a United Nations

SURVEILLANCETECHNOLOGIES MUST NOTUNDERMINE FREEDOM OFEXPRESSION – UN EXPERT

independent expert Mr. La Rue stressed,on 4 June 2013, calling on States to ensurethat free expression is not compromised.“Freedom of expression cannot be ensuredwithout respect to privacy incommunications,”.

“Concerns about national security andcriminal activity may justify the exceptionaluse of communications surveillance,” Mr.La Rue said. “Nevertheless, national lawsregulating what constitutes the necessary,legitimate and proportional Stateinvolvement in communicationssurveillance are often inadequate or simplydo not exist.”

According to the report, States possessmultiple instruments to breachcommunication privacy today. Access tothe content of an individual's email andmessage can be obtained through Internetcompanies and service providers,movement of people can be tracked viatheir mobile phones, and calls and textmessages can be intercepted.

“By placing taps on the fibre-optic cables,through which the majority of digitalcommunication information flows, andapplying word, voice and speechrecognition, States can achieve almostcomplete control of tele- and onlinecommunications,” Mr. La Rue said,underlining that technological advancesenable massive surveillance andcensorship of web activities.

“Just recently, these technologies wereutilized by Governments confronted withthe Arab Spring, for example,” he said,referring to a series of uprisings in theMiddle East and North Africa over the pasttwo years, some of which have toppledlong-standing regimes.

Noting that surveillance of human rightsdefenders and journalists in manycountries has been well documented, heurged States to review national laws

regulating surveillance and raise publicawareness of the increasing threats toprivacy posed by new communicationtechnologies.

“Private actors also have aresponsibility,” he added. “Measuresmust be taken to prevent thecommercialization of surveillancetechnologies across the globe and theprotection of communication data.”

Without the protection of privacy, securityand anonymity of communications, it willnot be possible to make sure that privatecommunications are not under scrutiny ofthe State, Mr. La Rue said.

At its sixty-fifth session, in 2013, theInternational Law Commission (ILC)decided to include the topic "Protection ofthe environment in relation to armedconflicts" and "Protection of theatmosphere" in its programme of work,on the basis of the recommendation ofthe Working Group on the long-termprogramme of work. The Commissiondecided to appoint Ms. Marie G.Jacobsson and Mr. Shinya Murase asSpecial Rapporteur for the above-mentioned topics respectively.

Myanmar has deposited its instrument ofaccession to the Convention on theRecognition and Enforcement of ForeignArbitral Awards, commonly known as theNew York Convention on 26 April 2013.With its accession, Myanmar becomes

INTERNATIONAL LAWCOMMISSION ADDED TWOMORE TOPICS IN THE LIST

MYANMAR ACCEDES TO THECONVENTION ON THERECOGNITION ANDENFORCEMENT OF FOREIGNARBITRAL AWARDS (NEWYORK CONVENTION)

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the 149th State party to the Convention.The Convention will enter into force forMyanmar on 15 July 2013. The New YorkConvention is widely recognized as afoundation instrument of internationalarbitration. It requires courts ofcontracting States to give effect toarbitration agreements and to recognizeand enforce awards made in otherStates, subject to specific limitedexceptions.

On 28 March 2013, the InternationalTribunal for the Law of the Sea receiveda request from the Sub-RegionalFisheries Commission (SRFC) to renderan Advisory Opinion. The SRFC islocated in Dakar, Senegal and comprisesseven member states: Cape Verde, theGambia, Guinea, Guinea-Bissau,Mauritania, Senegal and Sierra Leone. Ina resolution adopted during its fourteenthextraordinary session (25-29 March2013), the Conference of Ministers of theSRFC authorized the PermanentSecretary of the SRFC “to seize theInternational Tribunal for the Law of theSea [...] in order to obtain its advisoryopinion on the following matters:

1. What are the obligations of the flagState in cases where illegal, unreportedand unregulated (IUU) fishing activitiesare conducted within the ExclusiveEconomic Zone of third party States?

2. To what extent shall the flag State beheld liable for IUU fishing activitiesconducted by vessels sailing under itsflag?

THE INTERNATIONALTRIBUNAL FOR THE LAW OFTHE SEA RECEIVES AREQUEST FOR AN ADVISORYOPINION FROM THE SUB-REGIONAL FISHERIESCOMMISSION

3. Where a fishing license is issued to avessel within the framework of aninternational agreement with the flag Stateor with an international agency, shall theState or international agency be held liablefor the violation of the fisheries legislationof the coastal State by the vessel inquestion?

4. What are the rights and obligations ofthe coastal State in ensuring thesustainable management of shared stocksand stocks of common interest, especiallythe small pelagic species and tuna?”

The resolution was adopted pursuant toarticle 33 of the 2012 Convention on theDetermination of the Minimal Conditions forAccess and Exploitation of MarineResources within the Maritime Areas underJurisdiction of the Member States of theSub-Regional Fisheries Commission(CMAC), according to which theConference of Ministers may authorize thePermanent Secretary of the SRFC to seizethe Tribunal ITLOS on a specific legalmatter for its advisory opinion. By letterdated 27 March 2013 the PermanentSecretary of the SRFC, Mr Kane CiréAmadou, transmitted the request for anadvisory opinion to the President of theTribunal.

The Advisory Opinion has been entered inthe List of cases of the InternationalTribunal for the Law of the Sea as CaseNo. 21.

In its Order on 29 May 2013, the Tribunaldecides that the SRFC and several otherintergovernmental organizations are likelyto be able to furnish information on thequestions submitted to the Tribunal andinvites them as well as the States Parties tothe United Nations Convention on the Lawof the Sea to present written statements.In brief, Tribunal invites States Parties tothe Convention, the Sub-RegionalFisheries Commission and otherintergovernmental organizations to present

written statements on IUU fishingactivities by 29 November 2013.

The General Assembly, on 9 July 2013,established a new High-level PoliticalForum, which will replace the UnitedNations Commission on SustainableDevelopment, to boost efforts to tackleglobal economic, social andenvironmental challenges. In a resolutionadopted by consensus, the 193-memberAssembly emphasized the need for animproved and more effective institutionalframework for sustainable development,and decided that the Forum shouldprovide “a dynamic platform for regulardialogue and for stocktaking and agenda-setting to advance that process.” Thedecision follows up on a keyrecommendation of 'The Future WeWant,' the outcome document of lastyear's UN Conference on SustainableDevelopment, known as Rio+20. TheForum will convene annually at theministerial level under the auspices of theUN Economic and Social Council(ECOSOC) and it will, every four years,bring together heads of State to provideadded momentum for sustainabledevelopment. Its first meeting will be heldin September 2013, during theAssembly's forthcoming 68th session.The new body is tasked with providingpolitical leadership, guidance andrecommendations for sustainabledevelopment; reviewing progress in theimplementation of related commitments;and enhancing integration of the threedimensions of sustainable development –economic, social and environmental. TheForum will replace the Commission onSustainable Development, which wasformed after the 1992 Earth Summit and

GENERAL ASSEMBLYESTABLISHED NEW UN FORUMTO BOOST SUSTAINABLEDEVELOPMENT EFFORTS

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helped to generate action on a range ofissues that led to internationalagreements or treaties. The Assemblyrecommended that ECOSOC abolish theCommission upon the conclusion of its20th session – whose timing, agendaand duration was postponed from May2013, pending progress on the formatand organizational modalities of theForum.

On 15 August 2013, Secretary-GeneralBan Ki-moon has appointed AranchaGonzalez of Spain as Executive Directorof the International Trade Centre (ITC),the joint agency of the United NationsConference on Trade and Development(UNCTAD) and World TradeOrganization (WTO) for trade andinternational business development. Ms.Gonzalez, who will replace PatriciaFrancis of Jamaica. Ms. Gonzalez hasserved as Chief of Staff at the WTO forthe last eight years, and has beenintimately involved in setting up its Aid forTrade initiative. She has also served invarious capacities in the EuropeanCommission, where she held severalpositions in the area of internationaltrade. Ms. Gonzalez began her career inthe private sector advising companies ontrade, competition and state aid matters.

The United Nations Trusteeship Council,on 16 August 2013, elected AlexisLamek of France as its President andPeter Wilson of the United Kingdom asits Vice President. Both candidates wereelected by acclamation during a brief

ARANCHA GONZALEZ OFSPAIN APPOINTED TO HEADINTERNATIONAL TRADECENTRE

UN TRUSTEESHIP COUNCILELECTS PRESIDENT AND VICEPRESIDENT

organizational meeting held at UNHeadquarters in New York, during whichthe Council also adopted its provisionalagenda. The Trusteeship Council is aprincipal organ of the UN, created toadminister 11 Trust Territories placedunder the Organization's care at itsfounding in 1945. The Council suspendedoperations when the last UN TrustTerritory, Palau, attained independence in1994. Membership of the Council nowcomprises the five permanent members ofthe Security Council – China, France,Russia, United Kingdom and the UnitedStates. The Council's future role is underconsideration as part of the broader reformof the UN and the Security Council.

A new United Nations maritime labourconvention – hailed as a “bill of rights” forthe more than 1.5 million people employedby the shipping industry – comes into force,on 20 August 2013, aiming to ensuredecent work conditions for seafarers whilehelping provide a level playing field forshipowners. The UN International LabourOrganization's (ILO) Maritime LabourConvention (MLC 2006) ratified by 48countries, sets minimum requirements forseafarers to work on a ship and containsprovisions on conditions of employment,hours of work and rest, accommodation,recreational facilities, food and catering,health and medical care and welfare andsocial security protection.

This Convention is a milestone in maritimehistory as it enables decent working andliving conditions for seafarers to beadvanced, along with fair competition forshipowners in this, the most globalized ofindustries. The MLC 2006 neededratification by 30 ILO member States,representing more than 33 per cent of theworld's gross shipping tonnage, to enter

MARITIME LABOURCONVENTION ENTERED INTOFORCE

into force. The Convention has the fullsupport of the International TransportWorkers' Federation (ITF), whichrepresents seafarers, and theInternational Shipowners Federation(ISF). The Convention is also supportedby the International MaritimeOrganization (IMO), which oversees theglobal shipping sector and responsiblefor the prevention of marine pollution byships.

The MLC is considered the 'fourth pillar'of the most important maritimeregulations covering internationalshipping, along with the InternationalConvention for the Safety of Life at Sea(SOLAS); the International Conventionfor the Prevention of Pollution from Ships(MARPOL); and the InternationalConvention on Standards of Training,Certification and Watchkeeping forSeafarers (STCW). These three IMOtreaties were first adopted in the 1970sand have each been ratified by morethan 150 countries, representing morethan 99 per cent of world merchantshipping.

The United Nations is educating studentson how things are actually done inside itschambers by launching a new UN guidefor Model UN, the first time theOrganization has tried to change thedirection in which the role-playingdiplomatic simulations have evolved. Inan effort to educate organizers of ModelUN (MUN) about the differences, theOrganization created the “UN Guide forMUN” and has been introducing it in UNworkshops, like the one held this weekfor 80 participants from 36 countries atthe New York headquarters. In a ModelUN, students take on the roles ofambassadors in simulated sessions ofthe General Assembly or SecurityCouncil, and research and debate a wide

NEW UN GUIDE FOR MODEL UN

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Indian Journal of International LawVol. 53 No. 2 April - June 2013

CONTENTS

ARTICLESClimate Change Loss and DamageCompensation

Examining the Indian Multi brand RetailSector FDI Policy's (in) consistency withthe WTO National Treatment norms.

The Application of Precautionary Principleunder the SPS Agreement by the WTO: AnAnalytical Appraisal

Katak Malla

Ajay Sharma

Abdul Haseeb Ansari and Sri Wartini

SHORTER ARTICLES

OFFICIAL DOCUMENTS

BOOK REVIEW

Contemporary Problems in InternationalCommercial Arbitration Practice in Nigeria

Bimal N. Patel,

C. E. Aduaka

Responsibility ofInternational Organisations Towards OtherInternational Organisations: Law andPractice of the United Nations, the World

Bank, the European Union and theInternational Atomic Energy Agency

Robert P. Barniedge Jr.

SELECT BIBLIOGRAPHY AND NEW

ACQUISITIONS

New Acquisitions to the ISIL Library fromApril to September 2013

RECENT DEVELOPMENTS/NEW ACQUISITION IN ISIL LIBRARY

FORTHCOMING EVENTSSpecial Lecture by Prof. Mark Perry,Professor, University of New England,Australia, 3 February 2014

43rd Annual Conference, 4-5 April2014

Training Programme for the OfficerTrainees of the Indian EconomicService, May 2014

Summer Course on International Law,26 May to 6 June 2014

V. K. Krishna Menon Lecture, June2014

Convocation and Inauguration of theP. G. Diploma Courses, 1 September2014

Two-day Training Workshop for IndianForest Services Officer, 20-21November 2014

International Conference, 16-18January 2015

range of topics drawn from the UN'sagenda. In that respect, MUN and theUnited Nations not so far apart; thedifferences really start to emerge in thedetails of how the discussions take place.

Since the 1940s, Model UN conferenceshave been held around the world. Someschools use Model UN as part of theircurricula, others support their students inplanning conferences as leadershipopportunities.

In Azerbaijan, preparations are nowunderway for an October 21-25, 2013session of Model UN Security Councilorganized in cooperation with the Ministryof Youth and Sport. The timing coincideswith the rotating presidency of Azerbaijanat the real Security Council in New York,and will include young representativesfrom the same 15 countries that currentlymake up the Council.

The Domestic Workers Conventionentered into force, on 5 September 2013extends the labour and social rights of

THE DOMESTIC WORKERSCONVENTION ENTERED INTOFORCE

some 53 million domestic workers aroundthe world. Now, the Domestic WorkersConvention will be legally binding forsignatory countries. The treaty wasadopted in 2011 by the InternationalLabour Organization (ILO) and is the first ofits kind.

The treaty gives employees the right toclaim basic rights, including days off eachweek, set hours and a minimum wage. Todate, eight ILO member States – Bolivia,Italy, Mauritius, Nicaragua, Paraguay,Philippines, South Africa and Uruguay –have ratified the Convention.

Since the Convention's adoption, severalcountries have passed new laws orregulations improving domestic workers'labour and social rights, includingVenezuela, Bahrain, the Philippines,Thailand, Spain and Singapore. Legislativereforms have also begun in Finland,Namibia, Chile and the United States,among others. Several others haveinitiated the process of ratification,including Costa Rica and Germany.

April - September 2013