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DTSTART;TZID=Asia/Kolkata:20211208T053000
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SUMMARY:Talk by Professor Dr. Bharat H. Desai on “Taking International Law Seriously"
DESCRIPTION:Report \nTalk by Prof. Dr. Bharat Desai on “Taking  International Law Seriously” \n08 December  2021 \nEvent Report \n  The  Manohar Parrikar Institute for Defence Studies and Analyses (MP-IDSA) organised  a talk on “Taking International Law Seriously” by Prof. Dr. Bharat H. Desai\, Professor  of International Law\, Jawaharlal Nehru Chair in International Environmental  Law\, Chairman\, Centre for International Legal Studies\, School of International  Studies\, Jawaharlal Nehru University\, on  08 December 2021\, at 11am in Seminar Hall I. Maj. Gen. (Dr.) Bipin Bakshi\,  AVSM\, VSM\, (Retd.)\, Deputy Director General\, MP-IDSA\, chaired the session. The  talk was attended by all scholars at MP-IDSA. \nExecutive  Summary \nThe talk drew attention to the negligence of  International Law by countries and the challenges in ensuring that it is taken  seriously by all players in the international arena. Prof. Desai reflected on  the general apathy towards International Law from all spheres – academic\,  scholarly as well as the government. Stating that the basis of conduct for  International Relations is International Law\, he argued that the concept can be  traced to ancient Indian history and indigenous texts. The speaker shed light  on the gradual shift seen in India’s growing emphasis on international law in  its bilateral and multilateral engagement. Underscoring the consequences of  neglecting International Law in dealing with international issues; Prof. Desai  emphasised on the diversity and applicability of International Law on a variety  of issues. He asserted that scholarship and domain knowledge would add  legitimacy and prestige to government officials representing India on  international forums \nDetailed  Report \n  The  chair\, Maj. Gen. (Dr.) Bipin Bakshi (Retd.)\, Deputy Director General\, MP-IDSA\,  began the session by welcoming the speaker and introduced the topic to the  attendees. He drew attention to the importance and relevance of International  Law in providing a stable just political order. Referring to the topical issue  on border tensions between Russia and Ukraine\, he highlighted the concerns  surrounding violation of international norms. The chair underlined that  nation-states cannot face challenges with outdated structures\, a message given  by Prime Minister Narendra Modi during his address at the United Nations. Maj.  Gen. (Dr.) Bakshi reflected on the effectiveness of International Law owing to  the fact that its validity depends on the will of the State. He shed light on  countries in the international community transitioning from rule takers to rule  shapers\, including India. The chair invited the speaker to further discuss  these issues and share insights on the theme. \n  The  speaker\, Prof. Dr. Bharat Desai\, began his talk by expressing his gratitude for  the opportunity to present at MP-IDSA. Remarking on the historical trajectory  of International Law architecture; he underscored the negligence of  International Law and the challenges faced in ensuring it is taken seriously.  Presenting an overview of the origins of the School of International Studies at  Jawaharlal Nehru University; he shared personal anecdotes of his efforts to  introduce International Law as a field of study in academic syllabus. Stating  the difficult working conditions to ensure recognition of International Law as  a serious field of study; he reflected on the general apathy towards  International Law from all spheres – academic\, scholarly as well as government.  \n  Prof.  Desai emphasised that the basis of conduct for International Relations is  International Law\, which is often taken for granted and neglected by nation-states.  Mentioning that the modern understanding of International Law is a product of  European civilization; he stated the concept itself is rooted in ancient Indian  history. He drew an outline of the rudimentary forms of International Law and  territorial sovereignty as was seen in ancient Indian states like the Ganarajyas. He drew parallels between  ancient norms like “a Shanthidoot (enemy’s envoy) cannot be punished” prevalent in Mahabharatha and Ramayana texts and; the current practices established in the Geneva Convention. He  underscored that the ‘Law of Dharma’  is similar to ‘international norms and laws’ and pre-dates to texts like the Arthashastra and Nitishastra. He remarked that these indigenous scriptures of India  also make references to the treatment of ‘Prisoners of War’.  \n  The  speaker explained the trajectory of India’s participation in the formation of  International Laws even during the colonial times. He stated that the Maharaja  of Bikaner had signed the Treaty of Versailles on behalf of India\, which implies  the value Britishers attached to their colonies. The speaker opined that  British rulers did not obliterate the identities of their colonies and instead  ensured their fair representation by encouraging them to sign international  treaties. Prof. Desai underscored that International Law refers to the law  governing official relations. He remarked on the initial efforts in developing  a law on the seas which eventually took the form of ‘United Nations Convention  on the Law of the Sea (UNCLOS)’. The speaker shed light on the provisions in  the Indian Constitution which accord importance to International Law and  empower the Indian parliament to give effect to international agreements. \n  Giving  examples of some countries\, Prof. Desai remarked on the dichotomy of statements  by Heads of State arguing for adherence to International Law and their actions  which often violate established international norms. The speaker also reflected  on the changing dimension of use of force in the world. Opining that countries  often use International Law as a ‘trump card’; he stated that International Law  as a practice has been applied on various international issues. He explained  the same by providing examples of Operation Neptune Spear\, treaties like  International Solar Alliance\, security issues like border cross-firing and  surgical strikes; and post-conflict mechanisms as in the case of Taliban’s  takeover of Afghanistan. \n  Reflecting  on the rapidly changing world\, the speaker stressed that India needs to be  equipped effectively to understand and grasp the simmering ideas of  International Law. He stated that it is essential for India to prioritise  International Law in order to solidify her right to self-defense\, especially in  issues pertaining to the belligerent occupation of Jammu and Kashmir by  Pakistan. Remarking on the idea of gaining consensus for permanent membership  in the United Nations Security Council (UNSC)\, Prof. Desai opined that India  must instead focus on earning the right. This could be accomplished by building  efficient knowledge centres and ensuring that government officials representing  India are aided by a strong team of expert scholars.  \n  Stating  the example of Prime Minister Narendra Modi’s speech at the recent ASEAN Summit  which underlined the importance of International Law; the speaker shed light on  the gradual shift seen in India’s growing emphasis on international law in its  bilateral and multilateral engagement. Prof. Desai underlined and strongly  stressed on the importance of actively pursuing and asserting International Law  as a foundation of diplomacy. He stated that countries must gain clarity on the  consequences of neglecting International Law in dealing with international  issues. Sharing some of his own published works\, the speaker remarked on the  diversity and applicability of International Law on a variety of issues. He  opined that International Law plays a vital role in the hard core issues of  national security and could be tool for policy implementation. The speaker  concluded by reiterating the importance of mutual cooperation and dialogue on  International Law for international peace and security.  \n  The  talk was followed by a lively Q/A session which brought out inputs on the  elections in Libya and role of International Criminal Court (ICC); issue of  refugees in India; underlying causes for earlier neglect of International Law  by the Government in India and the role of Supreme Court in invoking  international law conventions during its judgements on important issues. During  his response\, the speaker highlighted the dominance of African-related  incidents and undergoing investigations in the ICC; the responsible and  humanitarian role played by India in accommodating refugees from neighbor  states like Myanmar despite not ratifying the 1951 Refugee Convention; and the  dire need for Indian leaders to engage with scholars while dealing with  international issues. Prof. Desai underscored that efficient scholarship and  domain knowledge would add legitimacy and prestige to officials representing  India on international forums. The session concluded with the Chair  acknowledging and thanking the Speaker for his passionate and insightful  presentation. \nReport prepared by Ms. Sindhu Dinesh\, Research  Analyst\, ALACUN Centre\, MP-IDSA.
URL:https://idsa.in/idsa-event/talk-by-professor-dr-bharat-h-desai-on-taking-international-law-seriously
CATEGORIES:LECTURES,EVENT REPORT
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