Download the Speeches of all Hon'ble Chief Justices & Judges in ...

More documents

Recommendations

Info

We need a new system of enforceable international law because the UN system has not been effective in solving the everincreasingworld problems. The UN has not fully implemented its mandate under Article 1 of the UN Charter. Indeed thereis now a general agreement that the UN needs review and strengthening.The UN Millennium Summit 2000 emphasized the need to strengthen the UN so that it could be a more effective catalystfor change and coordination in future. Strengthening international organization and institutionalized cooperation is recognizedas key to reaching global stability. The Summit report called for willingness from member states to contemplate realstructural reform of the UN. My task therefore is to lend my support to this call.Present international law suffers from several problems. Some scholars have argued that international law is not lawproperly so called because it does not have well defined rules and fully developed institutions and enforcement mechanisms.Among the most serious shortcomings of the present system are the rudimentary character of the institutions, which exist forthe making, and application of the law and the narrow restrictions on its range. Specifically, the international legal systemradically differs from the domestic legal system in that it is a horizontal legal system lacking supreme authority, the centralizeduse of force and a differentiation between the three functions of law making, law determination and law enforcement.There is no legislature to keep the law abreast of new needs in the international society, no executive power to enforce thelaw and although certain administrative bodies have been created they are far from adequate for the volume of business thatis of international concern. The range of action for machinery for the resolution of disputes and the standing court of justiceis extremely limited.The General Assembly is not a world legislature. It is a deliberative organ and has only power to make recommendations,as opposed to legally binding resolutions.The Security Council, which has the primary responsibility for maintenance of international peace and security does nothave power to make international law, but is more of an enforcement organ. Its law enforcement capacity is both legallyand politically limited. Its effectiveness is constrained by its limited composition and the veto powers of the five PermanentMembers. If one of its permanent members uses its veto powers the Security Council cannot enforce international law. Todate the Security Council’s power to decide enforcement measures, economic sanctions and collective military actionunder Chapter VII of the UN Charter is limited to threats to world peace, breaches of peace and aggression. As mostbreaches of international law do not fall under any of these categories the Security Council, effectively, has no power tocompel obedience.Worse still, there is no judicial body which possesses compulsory jurisdiction over all nations and individuals in the settlementof international disputes. The International Court of Justice can only decide cases submitted to it when both parties submitto its jurisdiction and it cannot ensure that its decisions are complied with.Sanctions against states which violate international law are seldom effective because of power imbalances in the globalcommunity. Some states are too powerful to be held accountable while others are too weak or disunited to hold thepowerful accountable.As a result enforcement of international norms is largely decentralized, the individual state being its own law enforcementagent. International law rules are frequently ignored because of the absence of centralized sanctions. Even though inindividual cases of breach of international law retorsion, reprisal and self-defense are available to states to enforce theirrights, the general state of the law remains unsatisfactory because it is not always possible to alter state behaviour throughreciprocity, friendly persuasion or isolation.A law cannot be fully respected unless it reflects the values interests and aspirations of the people it governs. Thereforethere must be legitimate institutions established by nations and people to create such laws.--20--
Hon’ble Mr Justice Leonard EzraUnyolo, Chief Justice of the Republicof Malawi being greeted at theReception organised by Supreme Courtof India Bar Association at New DelhiCurrently there is no institution charged with the responsibility of making international law,which is binding on all nations and peoples of the world. The UN and regional agenciesdo not possess such powers of making enforceable international law. It is a naturalconsequence of the absence of authoritative law-declaring machinery that many of theprinciples of international law, and even more the detailed application of accepted principlesare uncertain. Powerful countries are therefore able to flout the law with impunity underthe pretext that it is vague.Considering that obedience to international law has not really been achieved by diplomaticmeans, more innovative techniques must be established. In this regard enforcement canbe achieved through compulsory litigation before a world court that is given power toenforce compliance. Today’s challenge is to enhance the effectiveness of procedures and institutions established to promoteaccountability of governments in international law.New trends concerning enforcement suggest that the best approach may either be to reform existing bodies in order to givethem expanded mandate or to create entirely new institutions which are representative and with power to compel compliancewith their mandate. Considering that one of the major weaknesses of international law is that there is no representative lawmaking body, it is imperative that the international community moves swiftly towards creating a legislative body to keepinternational law abreast of the legitimate needs of the international community.Similarly, given the increasing need for international law enforcement in cases where international peace and security are atstake, one must recognize the importance of creating a world court with compulsory jurisdiction. The political and geographicaldiversity of the causes of international conflicts may require reactions other than those by the central authority of theSecurity Council. To this end provision must be made for effective international law enforcement in the event of theSecurity Council’s inaction due to its exercise of the veto power.As there is no international court with compulsory jurisdiction to enforce international law, creating such institution underauspices of the UN would be an alternative to reforming an existing body. The new Court would have jurisdiction overinternational law matters. States as well as corporations and international organizations could be parties before the Court.The biggest obstacle to the creation of a forum of this nature would be recognition of its jurisdiction by states. Therecognition of such jurisdiction would mean a further limitation on state sovereignty. However, the task of promotinginternational law is of such tremendous importance that it requires a partial sacrifice on sovereignty. Where protection of theplanet for the sake of children and future generations and state sovereignty clash, the later should give way.Although for a variety of political and practical reasons states prefer to resolve disputes of an international nature indomestic tribunals it should always be borne in mind that most international law problems are planet-wide in scope. Theyconsequently demand global solutions. The recent handling of terror suspects by the World’s major powers clearly exposesthe limitations of domestic legal systems. Moreover, there are several obstacles to enforcing domestically implementedinternational law, namely: sovereignty, the doctrine of standing and the principle of forum non-conveniens.Resolving international global problems at domestic and regional levels would also lead to the proliferation of tribunals. Thiscan have adverse consequences in that it is difficult to maintain uniformity and consistency in the application and enforcementof international law. A global body would also act as a backstop where national courts are unwilling or unable to adjudicatedue to political or other reasons.Some contend that the hope for a secure future lies, not in the building of a few ambitious global institutions of a universalmembership but in regional institutions. However, experience with regional institutions has taught us that principle can besacrificed at the altar of unity and that global problems demand global solutions. Regionalism also tends to undermine theuniversality of international standards.--21--
Page 1 and 2: SPEECHESbyHON'BLE CHIEF JUSTICES, J
Page 3 and 4: Participants of the Conference bein
Page 5 and 6: Dr S.C. Rai, Mayor of Lucknow withM
Page 7 and 8: 5th International Conference of Chi
Page 9 and 10: Mr. Gandhi presenting Memento of th
Page 15 and 16: gone wrong with him that he was thi
Page 19: 5 th International Conference of Ch
Page 23 and 24: 5 th International Conference of Ch
Page 39 and 40: a part of society by being given go
Page 41 and 42: As we have advanced that the US did
Page 43 and 44: Hon’ble Mr Justice A.K. Mathur, J
Page 47 and 48: Hon’ble Dr. Justice Armando Berme
Page 49 and 50: Hon’ble Madam Justice Sophia Akuf
Page 53 and 54: world’s problems can no longer be
Page 55 and 56: Hon’ble Mr Justice K. P. Matadeen
Page 65 and 66: coherent international system of le
Page 69 and 70: Some arrangements directed to impro
Page 71 and 72:
5th International Conference of Chi
Page 73 and 74:
the Constitution establishes (÷ II
Page 75 and 76:
Hon’ble Mr Justice Arsene K Capo-
Page 77 and 78:
Page 79 and 80:
Hon’ble Mr Abdullah Bin MohamedAl
Page 81 and 82:
subjugation”.It is the question w
Page 83 and 84:
Page 85 and 86:
4. China has 450nuclear bombs with
Page 87 and 88:
significant for the purpose of inte
Page 89 and 90:
edressal of their grievances. There
Page 91 and 92:
egarded as an idea, but without the
Page 93 and 94:
Page 95 and 96:
of the UN University said, security
show all

Download the Speeches of all Hon'ble Chief Justices & Judges in ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?