Indian International Law
INDIA IN UNITED NATIONS
PERMANENT MISSION OF INDIA IN UNO ( IN NEW YORK)
- UNO CHARTER
- INDIA IN SECURITY COUNCIL – PRACTICE AND PROCEDURE- Article 30 of the Charter stipulates that the Security Council shall adopt its own rules of procedure, and in 1946 the Council adopted its Provisional Rules of Procedure (S/96). Subsequently the Provisional Rules of Procedure were modified on several occasions; the last revision was made in 1982 (S/96/Rev.7) in order to add Arabic as the sixth official language, in conformity with General Assembly resolution 35/219 of 17 December 1980
SC HANDBOOK OF METHOD- This Handbook is designed both for insiders as well as the public at large. It contains an introduction which places the Security Council in the larger context of the United Nations and how it operates
TREATIES SIGNED BY INDIA
India`s International Treaties [Treaty List]
India Centre for Migration (ICM- formerly known as Indian Council of Overseas Employment) as a ‘not for profit’ society under the Societies Registration Act 1860, in July, 2008. The Centre serves as a research think-tank to the Ministry of The Ministry, Govt. of India, on all matters relating to ‘International Migration’. The Centre undertakes empirical, analytical and policy related research, and undertakes pilot projects to document good practices.
BILATERAL TREATIES SIGNED BY INDIA
‘Treaty’ means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.
- By virtue of their functions and without having to produce full powers, the following are considered as representing their State: (a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty; (b) Heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited; (c) Representatives accredited by States to an international conference or to an in ternational organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.
- INDO – CANADA INDO – SINGAPORE INDO – SRILANKA INDO- AMERICAN TREATIES INDO- BRITISH TRITIES INDO- CHINA INDO- GERMANY INDO- GERMANY INDO- ISRAEL INDO- ITALY INDO- PAKISTHAN INDO- RUSSIAN FEDERATION INDO-SOUDI ARABIA INDO-SWISS CONFEDERATION INDO-BANGLADESH INDO-JAPAN
FAQs Pertaining to Indian Citizen living abroad .
INDIAN TREATIES FROM WIKIPEDIA LINK ( A TENTATIVE LISTS)
DEPOSITORY POLICE – Multilateral agreements do not remain static and the depositary is frequently required to solve problems that arise. Changes in the structure of States, the emergence of new States exercising full sovereignty and the establishment of agrowing number of international organizations have also had repercussions in the field of multilateral agreements. It will therefore be seen that the Secretary-General’s practice has evolved over time as a result of efforts to find more satisfactory solutions in the light of experience or of actions by an organ of the United Nations or in response to comments from Governments[SUMMARY OF PRACTICE OF THE SECRETARY-GENERAL [READ MORE]
INDIA`S INTERNATIONAL INVESTMENT AGREEMENTS[BILATERAL]
India Investment Related Instruments (IRIs) [The database of international investment agreements]
UNITED NATIONS MULTILATERAL TREATIES UPDATED AS ON AUGUST 2015[India as a signatory] Check an Individual Item
INTERNATIONAL LAW COMMISSION [The Commission initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification]
VIENNA CONVENTION LAWS (Multiple in Numbers)
‘Vienna Convention’ is a Call name for a series of Treaties signed in Vienna. Notables are:
- several treaties and conventions resulted from the Congress of Vienna (1814–15) which redrew the map of Europe, only partially restoring the pre-Napoleonic situation, and drafted new rules for international relations
- Vienna Convention on Money (1857)
- Vienna Convention on Diplomatic Relations and Optional Protocals (1961)
- Vienna Convention on Civil Liability for Nuclear Damage (1963)
- Vienna Convention on Consular Relations (1963)
- Vienna Convention on Road Traffic (1968)
- Vienna Convention on Road Signs and Signals (1968)
- Vienna Convention on the Law of Treaties (1969)
- Convention on the Issue of Multilingual Extracts from Civil Status Records (1976)
- Vienna Convention on Succession of States in respect of Treaties (1978)
- United Nations Convention on Contracts for the International Sale of Goods (1980), [a uniform international sales law]
- Vienna Convention for the Protection of the Ozone Layer (1985)
- Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)
- United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) + READ COMMENTARY (PDF)
- Joint Comprehensive Plan of Action (on the Nuclear Program of Iran) (2015)
INDIAN SPACE LAW
Leading space powers like the US, Russia and Japan have domestic space laws based broadly on the Outer Space Treaty of 1967, while China has announced that its space policy will be ready soon. India, though, has the dubious distinction of being the only country with indigenous launch capability, yet without a national space law. India’s space activities are currently guided by a few international treaties, along with some provisions of the Indian Constitution, the Satellite Communications Policy of 2000 and the revised Remote Sensing Data Policy of 2011. Realising that the lack of an overarching national space policy will seriously handicap Isro’s future programmes, New Delhi has now finally decided to craft a Space Act.
OUTER SPACE TREATY—-SO FAR INDIA TILL NOT ENACTED ANY LAW
Government of India
Department of Space
16-December-2015 19:05 IST
National Space Law
Indian Space Research Organisation (ISRO) has initiated a process of formulating a National Space Act for India for supporting the overall growth of space activities, with enhanced levels of private sector participation and offering more commercial opportunities. In this context, consequent to internal studies followed by a national level workshop with experts across the country, and subsequent consultations, a draft version has been formulated. Currently, the Draft Cabinet Note is in process for seeking the approval of the Competent Authority for Inter-Ministerial Consultation.
India’s acceptance of Outer Space Treaty (1967) per se does not necessitate providing space policies of India. However, the Outer Space Treaty creates certain obligations, such as peaceful uses of outer space, promoting international cooperation in outer space activities, non-weaponisation of outer space etc., on a Member State. India as a Member State to this treaty has been complying with such obligations/ requirements.
This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in a reply to an unstarred question by Shri Kunwar Pushpendra Singh Chandel and Shri Baijayant Jay Panda in Lok Sabha today.
Draft Geospatial information regulation Bill, 2016 -A Bill to regulate the acquisition, dissemination, publication and distribution of geospatial information of India which is likely to affect the security, sovereignty and integrity of India and for matters connected therewith or incidental thereto.
FICCI RECOMMENDATIONS ON GEOSPATIAL TECHNOLOGIES
Treaties, principles and conferences
To support the Outer Space Treaty, four other treaties were put into place in the 1960s and 1970s to support peaceful space exploration. These treaties (referred to below by their nicknames) are:
- The “Rescue Agreement” (1968), formed to give astronauts assistance during an unintended landing or when they are facing an emergency. States are told they “shall immediately take all possible steps to rescue them and render them all necessary assistance.”
- The “Liability Convention” (1972) outlines considerations if a space object causes damage or loss to human life. Its first article says, “A launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft flight.”
- The “Registration Convention” (1975), drawn up to help nations keep track of all objects launched into outer space. This United Nations registry is important for matters such as avoiding space debris. (For NASA, the United States Strategic Command gives real-time updates to the agency if space debris threatens a spacecraft or the International Space Station.)
- The “Moon Agreement” (1979), which gives more detail on the Outer Space Treaty for property rights and usage of the moon and other celestial bodies in the solar system (except for objects that naturally enter the Earth from these bodies, namely, meteorites). This treaty, however, has only been signed by 16 nations, all of which are minor players in space exploration.
The Outer Space Treaty, as it is known, was the second of the so-called “nonarmament” treaties; its concepts and some of its provisions were modeled on its predecessor, the Antarctic Treaty. Like that Treaty it sought to prevent “a new form of colonial competition” and the possible damage that self-seeking exploitation might cause.
- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies ( INDIA SIGNED IT ON 03/03/20670
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. The Rescue Agreement was considered and negotiated by the Legal Subcommittee from 1962 to 1967. Consensus agreement was reached in the General Assembly in 1967 ( resolution 2345 (XXII)), and the Agreement entered into force in December 1968. The Agreement, elaborating on elements of articles 5 and 8 of the Outer Space Treaty, provides that States shall take all possible steps to rescue and assist astronauts in distress and promptly return them to the launching State and that States shall, upon request, provide assistance to launching States in recovering space objects that return to Earth outside the territory of the Launching State. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space
- National(Multiple independents) Space Law In addition to the implementation of international instruments of space law, states have developed national regulatory frameworks to governs the conduct of space-related activities.
- SCHEMATIC OVERVIEW OF NATIONAL REGULATORY FRAMEWORKS FOR SPACE ACTIVITIES (AS OF MARCH 2014) (ENGLISH ONLY) The schematic overview of national regulatory frameworks was developed from 2009 to 2013 through the work of the Working Group on National Legislation Relevant to the Peaceful Exploration and Use of Outer Space, on the basis of national legal instruments, and with information and updates provided by Member States.
CORPUS OF SPACE LAWS WHICH BIND INDIA
- The “Declaration of Legal Principles” (1963), from which the Outer Space Treaty was created in 1967, lays down guiding principles, including the idea that space exploration is for the benefit of all humans.
- The “Broadcasting Principles” (1982) has to do with television broadcast signals. These principles include the idea of noninterference with other countries’ signals, the provision of information to help with knowledge exchange, and the promotion of educational and social development (particularly in developing nations).
- The “Remote Sensing Principles” (1986) concerns the use of electromagnetic waves to collect data on Earth’s natural resources. Remote-sensing activities are supposed to be for all countries’ benefit and should be carried out in the spirit of international cooperation.
- The “Nuclear Power Sources Principles” (1992) concerns how to protect humans and other species from radiation if a launch goes awry, or a spacecraft flying by Earth accidently crashes to the surface. It’s common for spacecraft exploring the outer solar system to use nuclear power sources for energy, since solar power is so weak out there.
- The “Benefits Declaration” (1996) says that space exploration shall be carried out for the benefit of all states. This was created two years before the International Space Station — an effort of 15 nations — launched its first two modules into space.
The United Nations has also held three UNISPACE Conferences since 1968. (A fourth one will take place in 2018.) This is what each conference focused on or will focus on:
- UNISPACE I (August 1968): Progress in space exploration, international cooperation and creating an “expert on space applications” within UNOOSA. The United Nations body then had several workshops in the 1970s on space applications such as remote sensing, telecommunications and cartography.
- UNISPACE II/UNISPACE 82 (August 1982): Peaceful exploration of space (specifically, how to avoid an arms race). Following the conference, UNOOSA worked more closely with developing countries to develop their space technology capabilities.
- UNISPACE III (July 1999): Protecting the space environment, giving developing countries more access to space and protecting Earth’s environment. This led to the Vienna Declaration on Space and Human Development, with 33 recommendations for space-faring countries to follow. A follow-up report to the declaration was issued in 2004, five years after the conference.
- UNISPACE+50 (2018): Will celebrate the 50th anniversary of the first UNISPACE conference and focus on what COPUOUS should do now that more nations and nongovernmental entities are exploring space.
READ MORE ABOUT SPACE LAWS ( JOURNAL)
SETTLEMENT OF INTERNATIONAL DISPUTES
- INDIA IN INTERNATIONAL COURT OF JUSTICE(HAGUE)
- INTERVENTION UNDER UNO
The Government of India is interacting with various multilateral forums like WTO, UN and its Bodies (UNESCO, UNCTAD, UNDP, ECOSOC, ESCAP etc.), Commonwealth, SAARC, ASEAN World Bank and Asian Development Bank (ADB) etc. to showcase India’s strength in ICT sector, protect its interests and to explore business opportunities for Indian industry.
World Trade Organisation
- The World Trade Organisation (WTO) is the global international organisation dealing with the rules of trade between the nations. At its heart are the two WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified by their Parliaments. General Agreement on Trade in Services (GATS) applies to trade in services and General Agreement on Tariffs and Trade (GATT) applies to trade in goods.
- The Ministry of Electronics and Information Technology is actively involved in the on-going negotiations in WTO for trade in Information Technology and Services (Computer and Related Services) under GATS and for trade in Electronics Goods through the system of Non Agricultural Market Access (NAMA) under GATT.
- Ministry of Commerce and Industry, Department of Commerce is the nodal agency of the Government of India for all matters pertaining to WTO including both the agreements i.e. GATS and GATT.
- For further details please click at http://commerce.nic.in(link is external)
Global Alliance for ICT and Development (GAID) of United Nations
- During 2006 United Nation established Global Alliance for ICT and Development (GAID) to contribute to transforming the spirit and vision of the World Summit on Information Society (WSIS) into action and promoting the use of information and communication technologies (ICT) for the achievement of internationally agreed development goals, including the Millennium Development Goals. The World Summit on Information Society (WSIS) emerged out of the recommendations of United Nations ICT Task Force and met twice during 2003 in Geneva and 2005 in Tunis and developed Geneva Plan of Action for bridging the global digital divide.
- The Ministry of Electronics and Information Technology has been actively involved in the United Nation ICT Task Force and the WSIS and is also engaged in the efforts of Global Alliance for ICT and Development (GAID).
- More information is available at the websites http://www.unicttaskforce.org (link is external),http://www.itu.int/wsis (link is external)and http://www.un-gaid.org(link is external)
UNESCAP – Asia Pacific Centre for ICT (APCICT):
- APCICT is a subsidiary body of the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP). It came into existence in June 2006 at Incheon, Republic of Korea. The Centre mission is to strengthen the efforts of the member countries of ESCAP to use ICT in their socio-economic development through human and institutional capacity building. To meet this objective, APCICT work is focused on three inter-related pillars. They are; training, research and advisory services. Together they form an integrated approach to ICT human capacity building.
- The centre is aimed at creating ICT-ready environment through capacity-building trainings and workshops. Its main areas are ICT applications and development; ICT for development policy, process and governance and e-Government applications.
- India has been member of the Governing Council (GC) of APCICT since its inception and attending the GC meetings. The Ministry has been funding UN APCICT to the tune of US$ 20,000 per annum. Indian participants have been attending the training programs/workshops/etc organized by APCICT.
- Towards cooperation with APCICT, the Ministry intends to extend its expertise towards development of multi-purpose community e-centers, enhancing Pacific connectivity for improved ICT access, furthering initiatives in HRD and capacity building, etc.
- More information about the programme is available on website http://www.unapcict.org(link is external)
United Nations Educational, Scientific and Cultural Organisation (UNESCO):
- In the area of Information and Communication Technology (ICT), during the year 2000, UNESCO has initiated an intergovernmental programme of Information For All (IFA) which is exclusively dedicated to promoting universal access to information and knowledge for development. Through this programme, Governments of the world have pledged to harness the new opportunities of the information age to create equitable societies through better access to information.
- Ministry of Electronics and Information Technology, Government of India is actively involved in the UNESCO Information For All Programme by providing various national level inputs and information on best practices.
- More information about the IFA programme is available on the UNESCO website http://unesco.org(link is external)
Commonwealth Connects Programme (CCP)
- The Commonwealth Connects Programme has laid a clear strategic foundation for the realisation of its vision of how ICT can be used to promote sustainable development throughout the Commonwealth and how Commonwealth networks can be used to bridge the digital divide.
- The programme has taken significant steps in facilitating the sharing of the enormous ICT resources deployed within the Commonwealth so that ICT-rich member countries do more to support countries that are ICT-disadvantaged in using ICT for development and improving the lives of all their citizens.
- The programme supports projects on a selective basis, looking at their potential for replication across member states and for demonstrating the potential for collaboration between Commonwealth governments and other stakeholders.
- Ministry of Electronics and Information Technology, Government of India is actively involved in this programme and is providing various inputs based on its strengths in the field of information and communication and technologies including advice on replication of various successful projects in the Commonwealth member states.
- Ministry of Electronics and Information Technology, Government of India has already facilitated Commonwealth Connects in replicating Indian Hole-in-the-Wall project in Uganda.
- More information about the programme is available on website http://www.commonwealthconnects.net(link is external)
Digital Economy and G20
G20 members include the G8 countries, namely, USA, Japan, Germany, UK, France, Italy, Canada and Russia; and the 11 emerging and developing countries, namely, Argentina, Australia, Brazil, China, India, Indonesia, Mexico, Saudi Arabia, South Korea, South Africa and Turkey; and the EU. The European Union is represented by the President of the European Council and by the European Central Bank.
G20 accounted for 90 per cent of the World GDP and nearly 80 per cent of World trade in 2011. G20 represents two thirds of World Population.
- Digital Economy: advantage of the G20 to help address both opportunities and challenges brought by ICTs, and propose some common understanding, principles anThe G20 leaders recognized that we are living in an age of Internet economy that brings both opportunities and challenges to global growth. In 2016, the G20 will address ways to collectively leverage digital opportunities, cope with challenges, and promote the Digital Economy to drive inclusive economic growth and development. The digital economy refers to economic activity that uses digitized information and knowledge as the key factor of production, modern information networks as the important activity space, and the effective use of information and communication technology (ICT) as an important driver for efficiency-enhancing and economic structural optimization. Internet, cloud computing, big data, Internet of Things (IoT) and other ICTs are used to collect, store, analyze, and share information digitally and transform social interactions. Digitized, networked and intelligent ICTs enable modern economic activities to be more flexible, agile and smart. While recognizing existing national, regional, and global strategies on digital and Internet issues between and among different stakeholders, the G20 Digital Economy Task Force (DETF) will take the unique d key areas for the development and cooperation of the digital economy. This Ministry is the nodal agency in the DETF 2016 on behalf of Government of India.
- Structural Reforms: Structural Reforms are essential to support growth in the near term and bolster potential growth in the medium term and are central element of the G20’s strategy of achieving job-rich growth. With the support of international organizations (IMF & OECD), nine (9) priority areas for structural reform have been indentified wherein “Encouraging Innovation” is concerned with the Ministry of Electronics and Information Technology (MeitY).
- Growth Strategies: After the Australian Presidency in 2014, the member countries prepared growth strategies outlining measures to boost growth which are updated annually. The growth strategies for India in 2014 and revised it under the Turkish Presidency in 2015 which will now be carried forward under the Chinese Presidency in 2016. Under the enhanced structural reform agenda of the Chinese Presidency, members will submit details of new, high impact policies to boost growth in a set of nine priority areas wherein “Encouraging Innovation” is relevant with Ministry of Electronics and Information Technology (MeitY).
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