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Hon’ble Madam Justice Sarada Shrestha,Judge, Supreme Court of Nepal beingpresented with Conference Mementoframework of national law.The growing economic interaction among nations has given rise to a multilateral systemunder the WTO, and codification of the international economic law. It is another areawhere narrow domestic walls of protectionism are brought down. Everything under thisemergent regime might have not been in the interest of the people of the South, but at themoment, other than creatively interpreting the provisions in our favor, there seems to beno way out to opt out of the system. Therefore, it is a challenge of social justice to ensurethat ‘the .haves not’ are not further pauperized because of this system.The growth of non-state rules in economic transaction such as the Universal CommercialPractice (UCP) I on letter of credits, the International Standard Organization (ISO) rules on environmental compliance andthe Type Two agreements in Johannesburg have created new possibilities of a legal regime of voluntary compliance both ininternational and domestic sphere. Therefore, for those of us who believe in’ ‘the rule of law’ the emergent regime seems tobe more the rule of international law than the domestic law. I know this will be difficult for adherents of orthodox Diceyanviews, but this seems to be the reality of today from which there seems to be no escape.Certain weaknesses in the international legal system seem to be the frequent failure to settle the disputes concerning themaintenance of status quo versus - overthrow. Another problem often-raised about international law is the lack of effectiveenforcement mechanism. This does not however mean that the international law has no sanction for its enforcement. Thesanction it possesses seems precarious in their operation particularly for those states, which are less able than others toassert their own rights effectively. But it is not essentially different in the domestic legal regime where voluntary fulfillment ofobligation is hardly done by the strong. Sanction in the traditional legal sense is also being evolved in the domain ofinternational law, For instance, the dispute settlement mechanisms created under the WTO, and the sanctions that arc likely-under the Treaty of Rome that created the International Criminal Court amply give the message that it is not a systemwithout sanction. As mentioned above the sanctions get reflected in the readiness of the state to shoulder responsibility. Inspite of the cynical views that doubt the enforceability of international law, it is not so in reality. Therefore to sum up, I wouldrather argue that complementary of international and national law has come here to stay and there is no escape for statesfrom honoring the dictates of international law the global change in many aspects of modem life, states’ function hasnecessitated the strong international law and effective enforcement system but such a system as I would argue should takeinto account the concerns of least developed and landlocked nations, which require strong support of international communityto do well for their people.A catastrophe may intervene and interrupt or destroy what is being done, buteven then the final result is sure. For in any case the unification is a necessity inthe course of Nature, an inevitable movement and its achievement can be safelyforetold. Its necessity for the nations also is clear, for without it the freedom ofthe small nations can never be safe hereafter and even large and powerful nationscannot really be secure.— Sri Aurobindo--62--
5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Bernardin RenaudJudge of the Supreme Court of the Republic of SeychellesIt is a great pleasure and an honoured privilege for me to be participating in such anaugust forum, the International Conference on Article 51(c) of the Constitution of India.The theme adopted for this Conference -”Enforceable International Law is “The Idea”whose time has come” is indeed apposite at this juncture in world history. I am consciousthat my humble contribution to the theme under discussion will be no more than a dropin the vast ocean. Yet I am hopeful that it will serve the purpose, so to speak, of addinganother small brick in the erection of the great edifice of world peace and unity.Please permit me to extend my warmest appreciation to Mr Jagdish Gandhi, the Founder-Manager of City Montessori School and Convener of this important Conference. Iwould particularly like to place on record my recognition of the farsightedness of MrGandhi. Mr Gandhi, may history remember you for this honoured initiative.Hon’ble Mr Justice Bernardin RenaudJudge of the Supreme Court of theRepublic of Seychelles addressing theConferenceRegretably, my Chief Justice is unable to be present here today as he is on an important mission in the United Kingdom.However, he asked me to convey his warmest greetings and best wishes to you all eminent participants at this Conferenceand particularly to Mr Gandhi. His hope is that this Conference would be a very successful one. My presence here is notonly an honour for me personally, but indeed an honour for the Judiciary of the Republic of Seychelles, my homeland.I believe that this Conference is one among the first steps taken by an non-governmental organization towards a nobleobjective. I am convinced that come what may, the objective that we have set out will, without doubt, be achieved. It isalways my firm conviction that the world has no other option to ensure its healthy survival, except through the establishmentof peace and unity among the peoples and nations of the earth.We are here today to present our views and concepts on a subject which, when it is firmly establish in the world, it willmake this world safer and with a higher standard of justice for all the citizens of this world. I am conscious that the task isa mammoth one indeed and the long and arduous course its realization will take . However, even its achievement may nothappen tomorrow, but in due course of time, through our unwavering perseverance and constant determination, I believethat will be possible.As we know it today, certain of the existing rules and principles of international law has been somewhat blurred, particularlywhen approaches in abatement of international terrorism have been a cause of serious concern for the peoples of the world.One should always be optimistic, and be hopeful that this is only a transitory moment in our history. Greater benefit willcome out of this experience, if it goes to serve in solidifying and strengthening the concept of international law in the future.I must admit that now we are more conscious of the possibility of interpreting and applying of hitherto existing rules ofinternational law to suit exigencies of the moment. For this reason it would be a good cause if we are to revisit ourapproaches and possibly come out with more relevant, just and appropriate common standard of interpretation andapplication of international law.I take this opportunity to salute the great land of India and its people. For over half a century now, this unique country hasbeen and is still threading the path of durable democracy. Undoubtedly, developing, if not developed countries of the worldhave drawn so many lessons and experiences in fostering democratic principles by virtue of the various leading decisionson constitutional matters that its judicial system has contributed to contemporary jurisprudence.We know that independent India and its march towards the achievement of its political freedom had been and is still a--63--
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