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5th International Conference of Chief Justices of the WorldAddress byH.E. Mr T.V. RajeswarGovernor of Uttar Pradesh, IndiaChief Guest at the Welcome FunctionHon’ble Mr Justice BJ Odoki, Chief Justice of Uganda, Madam Justice Anita Usacka,Mr Justice AK Mathur, Lord members of Judiciary from abroad, Shri Jagdish Gandhi,Ladies and Gentleman. When Mr Jagdish Gandhi, the convener of this conferencerequested me to be the Chief Guest at the welcome function in honour of the participantsof the 5th International Conference of the Chief Justices of the World and apprised me ofthe proposal to hold a discussion on Article 51 (c) of the Constitution of India and alsodiscussed the desirability of an Enforceable International Law by a World Parliament,mixed emotions were rising in my mind. Article 51 (c) of the Constitution of India laysdown that the state should endeavour to foster respect for International Law and treatyobligations in the dealing of organized people with one another. This sub-section of Article51 should in my view be held in the whole context of Article 51 which speaks of promotingInternational Peace and Security, maintaining just and hounarable relations between nationsand encouraging the settlement of international disputes by arbitration.H.E. Mr T.V. Rajeswar, Governor ofUttar Pradesh, India addressing theConferenceI would therefore request this august body that all the 4 sub-sections of Article 51 of the Constitution of India may be takenup for deliberations in the context of the proposal to evolve an Enforceable International Law by a World Parliament.Idealism is a desirable thing, dreams and hopes may also be understandable human feelings but how far this can be evolvedas a practical measure in pragmatic world, the countries of which has their own agenda is a different matter. In fact, whenMr Jagdish Gandhi mentioned his subject of Enforceable International Law, I told him that it appears to be an oxymoronand such an idea was clerical. Idealism as enshrined in Article 51 of the Constitution of India may be excellent by itself butit has no impact on the thinking and action of other countries, particularly the powerful ones of the world. MahatmaGandhi’s concept of non-violence might have influenced Nelson Mandela and both Mahatma Gandhi and Nelson Mandelamight have influenced Martin Luther King.Their passive resistance on moral strength and anormous respect which they command among their respective followershave lived to abolish racial discrimination but expecting these moral concepts and ideals to change the thinking of thepowerful nations of the world appears to be illusory. Looking at the idea more closely on the international level, where doyou begin and how do you enforce? Will you take up from the intervention of powerful nations in Egypt, you think ofnationalisation of Suez Canal? Would you take up the Vietnam war? Would you consider the overthrowing of legallyelected government in certain countries by powerful ones? Would you deal with trade embargo of sovereign countries bymore powerful nations because they follow a different political philosophy? Would you be able to produce viable answersto these questions at a different level? Under what International Law could be an elected President of a sovereign countrybe held a prisoner and prosecuted for alleged war crimes? Was intervention in Kosovo with UN sanctions justified? Andnow more importantly is doctrines of pre-emptive strike permissible under International Law?Why are some of the powerful countries interfering with internal problems of some East European countries whose electionare sought to be influenced by external forces. On the economic front how would you make powerful countries to sign upKYOTO protocol which is in larger interest of the developed countries? Would you be able to prevent the extension ofheavy farm subsidies to settle farmers in rich countries at the cost of poorer African countries whose cotton growers areunable to sell their products? Would you be able to enforce Amnesty International’s plea for ensuring redress to survivorsof Bhopal Tragedy? The International Community of Red Cross had charged Guantanamo military authorities for methods,tantamount to torture. The Supreme Court of United States had not intervened in the matter till recently. What preventedthis august body from taking suo motu notice of the horrid breach of the human rights in its own neighborhood? How willyou enforce the most powerful nations to ratify the International Court even though it was initially signed? Under whatprovisions of International Law can any sovereign nation be coerced into signing a treaty not to try foreign nationals orcomponents who may commit crimes in its own country?I can go on and on but I don’t wish to do so lest it may become treatise in criticism. My purpose in pointing out to theseglaring incidents of injustices is to highlight the fact that today some of the powerful countries only prove the simple commonprecepts that might is right. However, if the laureates assembled here are able to elect a World Parliament and adopt anEnforceable International Law that would indeed be a great achievement and I wish all the best. Thank you--11--