THE GIST of Editorial for UPSC Exams : 10 october 2019 (A life in the balance (The Hindu))

A life in the balance (The Hindu)

Mains Paper 2: Polity
Prelims level: International Court of Justice
Mains level: Judiciary

Context

• 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.

Key Issues

• 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 case.

Way forward

• 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.

Conclusion

• 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.

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Prelims Questions:

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

Answer: B
Mains Questions:
Q.1) India has other options to seek enforcement of the ICJ’s verdict in the Kulbhushan Jadhav case. Comment.