Mains Paper 2: Polity
Prelims level: International Court of Justice
Mains level: Judiciary
In July, the International Court of Justice (ICJ) had unanimously held
Pakistan’s actions in the Kulbhushan Jadhav case to be violative of its
obligations under the Vienna Convention.
In the present scenario of tensions with respect to the decisions on
Jammu and Kashmir by the Indian Government has provoked the Pakistani side
which has refused any further deliberations with respect to Mr Jadhav's
India can approach the UN Security Council (UNSC) under the UN Charter.
A debate may ensue before the UNSC, and the defaulting state may also
seek to advance arguments questioning the validity of the ICJ verdict.
This can be further moved to the UN General Assembly as has happened
earlier when the USA refused to comply being a permanent member.
And while neither the UNSC nor the General Assembly will ever interfere
with the judicial authority of the ICJ, the UNSC may make recommendations or
decide upon measures to be taken to give effect to the judgment.
This may be time to also remind ourselves and the international
community that the law isn’t what’s written; it’s what’s enforced.
Q.1) The Ministry of Consumer Affairs, Food and Public Distribution had
launched negotiable warehousing receipts (NWR) in electronic format. Consider
the following in this regard: 1. The depositors are bailee against commodities deposited in warehouses for
which documents are issued by warehouses.
2. NWRs can be traded, sold, swapped and used as collateral to support borrowing
or loans from banks.
3. It is an important step towards doubling farmers’ income by 2022.
Which of the above statements is/are correct? (a) 1 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) None of the above
Q.1) India has other options to seek enforcement of the ICJ’s verdict in the
Kulbhushan Jadhav case. Comment.