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EditorialThe United Nations sponsored climate change conference held on theIndonesian island of Bali from 3 to 14 December 2007, ended on apositive note. Participating States agreed for Bali Roadmap and decidedto launch a two-year process of formal negotiations on strengtheninginternational efforts to fight, mitigate and adapt to the problem of globalwarming. To implement the Bali Roadmap, four major UNFCCCmeetings are planned for next year, with the first to be held in by April.The negotiations process is scheduled to conclude in 2009 at a majorsummit in Copenhagen.

More than 10,000 delegates, lobbyists, scientists and bureaucrats from187 countries participated in the Bali conference. The event was the

first of a series of international summits scheduled over the next two years, which are to determinea legal framework for undertaking commitments beyond 2012. Thus, a strong multilateral frameworkshould be put in place by 2009 to ensure that the international community has a negotiatedcommitment for green house gas reductions after 2012.

In addition to the Bali Roadmap, participating countries have also agreed on a series of steps thatcan be taken immediately to strengthen their commitment to the UN Framework Convention onClimate Change (UNFCCC). An agreement was adopted that will allow Adaptation Fund to fundprojects in developing countries that will help people cope up with the impacts of climate changeover the next four years. The fund, currently worth over $30 million and which is expected to growto an estimated $80-$300 million by 2012, will get its resources from a two per cent levy on alltransactions of the Clean Development Mechanism. It was also agreed on a new programme toscale up investment for the transfer of clean technologies to developing countries.

Deforestation, which causes 20 per cent of all greenhouse gas emissions, also figured on the agendain a major way for the first time in climate change discussions. Countries agreed on a range ofmeasures to study and assess the issue including finding out just how to calculate emissions fromdeforestation, as well as encouraging demonstration projects that can address the needs of localand indigenous communities.

By adoption of a series of measures, the participating States have recognized the urgency of actionon climate change and paved the way for adoption of stronger global framework beyond 2012. Anagreement in Bali offers the possibility that the world, including the United States, will spend thenext two years negotiating a treaty that limits greenhouse gas emissions and ultimately slows thewarming of the planet. It is gratifying to note that there is a tremendous pressure from the concernedcivil society groups, the scientific community and the people as a whole which it will not be possibleeven for the most obstreperous countries to resist.

Ram Niwas Mirdha

PresidentRam Niwas Mirdha

Executive PresidentProf. R.P. Anand

Vice PresidentsNarinder Singh

V. C. GovindarajC.K. Chaturvedi

TreasurerR.K. Dixit

Secretary GeneralRahmatullah Khan

DirectorManoj Kumar Sinha

INSIDE

ISIL Activities ......................................... 2,3

Recent Developmentsin International Law ............................... 3,7

Recent Articles ...................................... 7,8

New Additions in ISIL Library ................... 8

Current Issue of IJIL ................................. 8

Published by:The Indian Society of International Law

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New Delhi-110001 (INDIA)Tel.: 23389524, 23384458-59 Fax: 23383783

E-mail: isil@giasdl01.vsnl.net.inWebsite: www.isil-aca.org

The Indian Societyof International Law

VOL. 6, NO.4, October-December 2007

N E W S L E T T E R

For members only

2 October-December 2007

ISIL ACTIVITIES

THIRD SOUTH ASIANREGIONAL HENRY DUNANTMEMORIAL MOOT COURTCOMPETITIONISIL and the International Committee ofthe Red Cross (ICRC) organized theThird South Asian Regional HenryDunant Memorial Moot CourtCompetition on InternationalHumanitarian Law (IHL) at ISIL from 26October 2007 to 28 October 2007. Theinaugural session was presided over byShri Ram Niwas Mirdha, President ofISIL. Mr. Vincent Nicod, Head of theICRC, Regional Delegation for SouthAsia, ICRC also spoke on thisoccassion. In his opening address,Hon’ble Justice Dr. S. Rajendra Babu,Chairperson, National Human RightsCommission, New Delhi, drew attentionto the significance of InternationalHumanitarian Law and issues relating toIHL and non-State actors. Prof.Rahmatullah Khan, Secretary General,ISIL, gave concluding remarks. Winnersof the National Rounds of Henry DunantMemorial Moot Court Competitionorganized in Bangladesh, Iran, Nepal,Pakistan, Sri Lanka and Indiarespectively participated in thiscompetition.

The participants of the moot courtcompetition were judged on the basis oftheir written memorials, appreciation offacts and law, advocacy skills, use ofauthorities and citations, generalimpression and court manners. Themoot court competition was judged byeminent academicians, governmentofficials and lawyers. Hon’ble JusticeShri Madan, B. Lokur, Judge, Delhi HighCourt, Justice Dr. S. Muralidhar, Judge,Delhi High Court and Shri R. Mohan,Additional Solicitor General, Indiaadjudicated the final round. NALSAR

INTERNATIONALCONFERENCE ONINTERNATIONALENVIRONMENTAL LAW,INTERNATIONAL SEMINARON RECENT TRENDS INTEACHING AND RESEARCHIN INTERNATIONAL LAW ANDSEMINAR ON LAW OF THESEAISIL organized 5th International Conferencefrom 8 December 2007 to 10 December2007. The themes of the conference areInternational Environmental Law, organizedon 8-9 December 2007, the other themes ofthe conference viz Recent Trends inTeaching and Research in International Lawand Law of the Sea was organized on10 December 2007. Law of the Sea seminarwas organized in commemoration of the25th anniversary of the adoption of theUnited Nations Convention on the Law ofthe Sea.

In his inaugural address, Prof. Thomas M.Frank, Professor of Law, New YorkUniversity School of Law, New York spoke

University of Law Hyderabad emerged aswinners and Faculty of Law, University ofColombo, Sri Lanka stood as the secondbest team. Ms. Antara Singh, KathmanduSchool of Law, Kathmandu, Nepal wasadjudged the Best Advocate, Mr. BarunGhimire, Kathmandu School of Law,Kathmandu, Nepal won the BestResearcher award and India won the BestMemorial Award in this competition. JusticeMadan B. Lokur delivered valedictoryaddress.

ELEVENTH SOUTH ASIANTEACHING SESSION ONINTERNATIONALHUMANITARIAN LAWThe Eleventh South Asian Teaching Sessionon International Humanitarian Law (IHL)was conducted from 13 November 2007 to20 November 2007. The teaching sessionwas organized at Bangalore by the ISIL,ICRC and Department of Political Science,Bangalore University, Bangalore. FortyDelegates from Afghanisatan, Bangladesh,Bhutan, India, Iran, Maldives, Nepal,Pakistan and Sri Lanka participated in thesession.

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about the significance of international lawand prospects of taking up study of variousissues of international law jointly by IndianSociety of International Law and theAmerican Society of International Law toundertake joint project with AmericanSociety of International Law. His ExcellencyDr. David M. Malone, High Commissioner ofCanada to India, Prof. R. P. Anand,Executive President, ISIL spoke on thisoccassion. Shri Ram Niwas Mirdha,President, ISIL welcomed the distinguishedgathering and Prof. Rahmatullah Khan,Secretary General, ISIL, proposed a vote ofthanks. Shri Ram Niwas Mirdha, President,ISIL released the Conference Papers andtwo books titled “Non-Resident Indian andPrivate International Law” edited by Prof. V.C. Govindaraj and Shri C. Jayaraj and “Indiaand International Law - Vol. - II” edited byShri Bimal N. Patel.

Discussions in the Conference onInternational Environmental Law coveredareas like General Principles of InternationalEnvironmental Law, Emerging InternationalEnvironmental Regimes and Indian NationalPolicy, Environment and SustainableDevelopment, Enforcement of Internationaland National Environmental Law.Technical

sessions were followed by a culturalprogramme, performed by artists of SahityaKala Parishad.

International Conference on Recent Trendsin Teaching and Research in InternationalLaw was organized on 10 December 2007.Eminent international law scholarspresented papers on a variety of themesrelated to trends in teaching and research ofinternational law. The Seminar was presidedover by Prof.V.C.Govindaraj. Prof. YvesDaudet, Secretary-General of the HagueAcademy of International Law,Prof.S.K.Verma, Prof.Lakshmi Jambholkar,Prof.B.S.Chimni, and Shri C. Jayarajpresented papers, which was later followedby a discussion. Further, to celebrate theoccasion of 25th anniversary of adoption ofthe United Nation Convention on Law of theSea, the Indian Society of International Law(ISIL), New Delhi, hosted a Seminar on 10December 2007. Eminent scholarspresented papers on themes related to“Historical Background and Evolution of theUNCLOS”, “Recent Developments andTrends in the Law of the Sea”, “Problemsand Challenges in Delimitation of MaritimeSpace of South Asia”, “SustainableDevelopment and Marine Pollution”, and“Military Uses and Abuses of EEZ vis-a-vis

Maritime Piracy”. Emphasis of the Seminarwas on actions to be taken at the nationaland global level for implementation of theUNCLOS and related Agreements. Finally,the Seminar attempted to sensitize theparticipants to the multilateral processesand practices that take place in the contextof the negotiations of draft resolutions onoceans and the law of the sea and fisheriesissues.

A large number of delegates from India andabroad, most of them belonging to theacademia, Government, NGOs and Inter-Governmental Organizations participated inthe Conference. The Conference coveredthirty eight papers in all the thematicseesions, presented by Indian and overseasexperts. Prof. Rahmatullah Khan, SecretaryGeneral, ISIL, delivered the valedictoryaddress.

TRIBUTEEighty-five year old Shri Amarnath Sehgal,an internationally renowned sculptor, painterand poet, passed away on 27 December2007 at Delhi. Shri.Sehgal made the statueof renowned statesman Late Shri V. K.Krishan Menon, placed in the foyer of theIndian Society of International Law.Shri.Sehgal was born at Campbellpur,Attock (now in Pakistan) in 1922. Hegraduated in Industrial Chemistry fromBenaras in 1941 and worked as an engineerbefore taking up art studies from the NewYork University. His works are exhibitedacross continents spanning North America,Africa, Europe, Australia, New Zealand andIndia.

RENOVATION OF ISIL LIBRARYThe renovation work in ISIL, librarycompleted recently. On 17 December 2007,Dr. R K. Dixit,Treasurer, ISIL formallyreopened the library. Prof. RahmatullahKhan, Secretary-General, ISIL, and staff ofthe ISIL were present on this occasion.

4 October-December 2007

General Assembly ElectedBurkina Faso, Costa Rica,Croatia, Libya, Vietnam forTwo-year Terms in SecurityCouncilThe General Assembly in its Sixty SecondPlenary Meeting held on 16 October 2008,elected Burkina Faso, Costa Rica, Croatia,Libya and Vietnam to serve as non-permanent members of the Security Councilfor the next two years. They will fill the seatsthat will be vacated by the DemocraticRepublic of the Congo, Ghana, Peru, Qatar,and Slovakia on 31 December 2007.Belgium, Indonesia, Italy, Panama andSouth Africa will continue to serve aselected Council members during 2008, forthe second year of their respective terms.All new Council members will take theirseats on 1 January 2008.

General Assembly AdoptsResolutions on Human Rightsincluding Landmark TextCalling for Moratorium onDeath PenaltyOn 16 October 2007, the General Assemblyadopted 54 resolutions and 12 decisionsincluding a landmark text calling for amoratorium on executions to be establishedin all States that still maintain the deathpenalty, as well as a resolution stronglycondemning rape against women and girlsin all its forms, including in conflictsituations. The resolution calling for “amoratorium on the death penalty” waspassed by a vote of 104 in favour to 54against, with 29 abstentions. It called on allStates that still allowed capital punishmentto “progressively restrict the use of thedeath penalty and reduce the number ofoffences for which it may be imposed”.Among the 17 resolutions adopted by recordvote, were relating to country-specific textsaddressing the situation of human rights inBelarus, the Democratic People’s Republicof Korea, and Iran. As in past, the country-specific resolutions prompted heateddebate, with several delegations - notablyfrom the developing world - contending thatthey were selective and politicallymotivated, and that the Human RightsCouncil was the better venue to addresssuch issues. Other representatives

maintained that, as the only internationalbody with universal membership, theAssembly was an essential forum forilluminating the world’s most critical humanrights situations.The General Assembly also adopted byrecord vote resolutions on the Rights of theChild; the inadmissibility of certain practicesthat contribute to fuelling contemporaryforms of racism, racial discrimination,xenophobia and related intolerance; theReport of the Human Rights Council on thepreparations for the Durban ReviewConference; the right of the Palestinianpeople to self-determination; strengtheningthe role of the United Nations in enhancingthe effectiveness of the principle of periodicand genuine elections and the promotion ofdemocratization; globalization and its impacton the full enjoyment of all human rights;combating defamation of religions; the rightto development; human rights and unilateralcoercive measures; the promotion of peaceas a vital requirement for the full enjoymentof all human rights by all; the right to food;and respect for the purposes and principlescontained in the Charter of the UnitedNations.

General Assembly AdoptsLandmark ResolutionConcerning United NationsDevelopment System, As ItTakes Action on 32 TextsApproved by SecondCommitteeIn an attempt to interlink povertyeradication, sustainable and economicdevelopment, and the achievement of theMillennium Development Goals, the GeneralAssembly in its Sixty-second PlenaryMeeting (PM) on 19 December 2007 set inmotion two major initiatives today byunanimously adopting - among 32development-related actions put forward byits Second Committee (Economic andFinancial) - a series of groundbreakingresolutions, including a landmark text on theUnited Nations development system. Aftertwo and a half weeks of intense debate inthe Committee, the Assembly’s adoption, byconsensus, of a resolution on the triennialcomprehensive policy review would shapeUnited Nations development activities overthe next three years, specifically on funding,national-capacity development and

development effectiveness. Of the keyinitiatives adopted by consensus, oneresolution set the modalities for the ReviewConference on Financing for Development,to be held in Doha, Qatar, next year, andanother proclaimed the Second UnitedNations Decade for the Eradication ofPoverty (2008-2017), urging allGovernments, as well as the internationalcommunity, to continue seriously to pursuepoverty eradication.

General Assembly AdoptsLandmark InternationalAgreement on Forests: SettingNew Standard for TheirManagementThe General Assembly adopted a landmarkagreement on international forest policy andcooperation on 17 December 2007 that setsa new standard in forest management. Theagreement was reached in April this year,after two weeks of intense negotiationsamong delegates to the United NationsForum on Forests. The new agreement, the“Non-Legally Binding Instrument on AllTypes of Forests”, calls for greaterinternational cooperation and national actionto reduce deforestation, reverse the loss offorest cover, prevent forest degradation,promote sustainable livelihoods and reducepoverty for all forest-dependent peoples.

Case Concerning Territorialand Maritime Dispute BetweenNicaragua and Honduras inThe Caribbean Sea (Nicaraguav. Honduras)On 8 October 2007, ICJ delivered judgmentin the case concerning Territorial andMaritime Dispute between Nicaragua andHonduras in the Caribbean Sea. The factsof the case are as follows: On 8 December1999, the Republic of Nicaragua filed in theRegistry of the Court an Application datedthe same day, instituting proceedingsagainst the Republic of Honduras in respectof a dispute relating to the delimitation of themaritime areas appertaining to each ofthose States in the Caribbean Sea. In itsApplication, Nicaragua invoked thejurisdiction of the Court on the provisions ofArticle XXXI of the American Treaty onPacific Settlement, as the “Pact of Bogotá”,as well as on the declarations accepting the

RECENT DEVELOPMENTS

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jurisdiction of the Court made by theParties, as provided for in Article 36,paragraph 2, of the Statute of the Court. ICJunanimously found that the Republic ofHonduras has sovereignty over Bobel Cay,Savanna Cay, Port Royal Cay and SouthCay. By fifteen votes to two, ICJ determinedthe maritime boundary that divides theterritorial sea, continental shelf andexclusive economic zones of the Republicof Nicaragua and the Republic of Honduras.By sixteen votes to one, ICJ found that theParties must negotiate in good faith with aview to agreeing on the course of thedelimitation line of that portion of theterritorial sea located between the endpointof the land boundary as established by the1906 Arbitral Award and the starting-point ofthe single maritime boundary determined bythe Court to be located at the point with theco-ordinates 15° 00' 52" N and 83° 05' 58"W.

International Court of Justice(ICJ): Territorial and MaritimeDispute (Nicaragua v.Colombia)On 13 December 2007, ICJ deliveredjudgment in Nicaragua v. Colombia case.On 6 December 2001, the Republic ofNicaragua filed in the Registry of the Courtan Application instituting proceedingsagainst the Republic of Colombia in respectof a dispute consisting of “a group of relatedlegal issues subsisting” between the twoStates “concerning title to territory andmaritime delimitation” in the westernCaribbean. In its Application, Nicaraguainvoked the jurisdiction of the Court on theprovisions of Article XXXI of the AmericanTreaty on Pacific Settlement signed on 30April 1948, as the “Pact of Bogotá” as wellas on the declarations made by the Partiesunder Article 36 of the Statute of thePermanent Court of International Justice. Asregards the first preliminary objection tojurisdiction raised by the Republic ofColombia on the basis of Articles VI andXXXIV of the Pact of Bogotá, ICJ by thirteenvotes to four, upholds the objection to itsjurisdiction in so far as it concernssovereignty over the islands of San Andrés,Providencia and Santa Catalina. ICJunanimously rejected the objection to itsjurisdiction in so far as it concernssovereignty over the other maritime featuresin dispute between the Parties. It also

unanimously rejected the objection to itsjurisdiction in so far as it concerns themaritime delimitation between the Parties.As regards the second preliminary objectionto jurisdiction raised by the Republic ofColombia relating to the declarations madeby the Parties recognizing the compulsoryjurisdiction of the Court by fourteen votes tothree upholds the objection to its jurisdictionin so far as it concerns sovereignty over theislands of San Andrés, Providencia andSanta Catalina. By sixteen votes to one, ICJfound that it is not necessary to examine theobjection to its jurisdiction in so far as itconcerns sovereignty over the othermaritime features in dispute between theParties and the maritime delimitationbetween the Parties.

DS312: Korea - AntidumpingDuties on Imports of CertainPaper from IndonesiaOn 22 October 2007, the DisputeSettlement Board (DSB) adopted thecompliance Panel report (WT/DS312/RW) indispute on antidumping duties on imports ofcertain paper from Indonesia. Thus,Indonesia expected Korea to immediatelywithdraw the antidumping measure. Korearecognized the Panel’s report in good faithaddressing the issues raised by this disputebut failed to understand why the Panel didnot consider some of Korea’s arguments.

DS334: Turkey - MeasuresAffecting the Importation ofRiceThe DSB adopted the Panel report (WT/DS334/R) on Turkey – Measure Affectingthe Importation of Rice on 22 October 2007.The Panel concludes that Turkey’s decision,from September 2003 and for differentperiods of time, to deny, or fail to grant,Certificates of Control to import rice outsideof the tariff rate quota, constitutes aquantitative import restriction, as well as apractice of discretionary import licensing,within the meaning of footnote 1 to Article4.2 of the Agreement on Agriculture.Accordingly, it is a measure of the kindwhich has been required to be convertedinto ordinary customs duties and istherefore inconsistent with Article 4.2 of theAgreement on Agriculture. The Panelrecommends that the Dispute SettlementBody request Turkey to bring theinconsistent measures as listed above into

conformity with its obligations under theWTO agreements.

DS366: Colombia - IndicativePrices and Restrictions onPorts of EntryAt the second time request of Panama, on22 October 2007, a Panel was establishedto review Colombia’s restrictive measuresimposed on Panama’s imports. Panamadeclared that Colombia unilaterally ignoredthe mutually agreed solution which wasfound during this consultation andreintroduced measures restricting Panama’saccess to Colombia’s market. The countriesthat reserved their third party rights areGuatemala, Ecuador, Honduras, the EC,India, the US, and Chinese Taipei.

DSB OF THE WTO Appointsits New Appellate Body“Judges”On 27 November 2007 meeting, the DSBappointed Ms. Lilia Bautista (Philippines),Ms. Jennifer Hillman (United States), Mr.Shotaro Oshima (Japan) and Ms. YuejiaoZhang (China) as the new members of theAppellate Body. Ms. Bautista’s and MsHillman’s four year term would start on 11December 2007. Mr. Oshima’s and MsZhang’s four year term would start on 01June 2008.

DS363: China - MeasuresAffecting Trading Rights andDistribution Services forCertain Publications andAudiovisual EntertainmentProductsAt the second time request of the US (WT/DS363/5), a panel was established toreview Chinese measures affecting marketaccess and distribution services of goodssuch as movies, DVDs, videos, publicationsor books. The EC and Japan reserved theirthird party rights.

DS357: US - Subsidies andother Domestic Support forCorn and other AgriculturalProductsAt the second time requests of Brazil (WT/DS365/13) and Canada (WT/DS357/12/and Corr.1), on 16 December 2007, a single

6 October-December 2007

panel was established to review US farmsubsidies and domestic supportprogrammes. Brazil and Canada both statedthat the United States’ Current TotalAggregate Measurement of Support hasexceeded its commitment levels in each ofthe years 1999, 2000, 2001, 2002, 2004 and2005, contrary to Article 3.2 of theAgreement on Agriculture. The countriesthat reserved their third party rights are theEC, India, Japan, Australia, Argentina,China, Thailand, Mexico, New Zealand,South Africa, Chile, Chinese Taipei andNicaragua.

DS332: Brazil - MeasuresAffecting Imports of RetreadedTyresOn 3 December 2007, the DSB adopted theAppellate Body report (WT/DS332/AB/R)and the panel report (WT/DS332/R) onBrazil’s measures banning imports ofretreaded tyres from the EC. The AppellateBody recommends that the DSB requestBrazil to bring its measure, found in thisReport, and in the Panel Report as modifiedby this Report, to be inconsistent with theGATT 1994, into conformity with itsobligations under that Agreement.

DS336: Japan - CountervailingDuties on Dynamic RandomAccess Memories from KoreaOn 28 December 2007, the DSB adoptedthe Appellate Body report (WT/DS336/AB/R)and the panel report (WT/DS336/R)considering Japan’s countervailing dutiesimposed on DRAMs imports from Korea.The Appellate Body recommended that theDSB request Japan to bring its measure,found in this Report, and in the PanelReport as modified by this Report, to beinconsistent with the SCM Agreement, intoconformity with its obligations under thatAgreement.

WTO Issued Arbitration Reporton Gambling DisputeOn 20 April 2005, the DSB adopted thereport of the Panel in this dispute, asmodified by the report of the Appellate Body.The Appellate Body interalia upheld theoriginal panel’s finding that the UnitedStates’ Schedule includes a commitment togrant full market access in gambling andbetting services and upheld the Panel’s

finding that the United States actsinconsistently with Article XVI:1 and sub-paragraphs (a) and (c) of Article XVI:2 bymaintaining certain limitations on marketaccess not specified in its Schedule. On 19August 2005, an arbitrator establishedunder Article 21.3(c) of the DSU determinedthat the “reasonable period of time” for theUnited States to implement therecommendations and rulings of the DSB inthis dispute was 11 months and 2 weeksfrom the date of adoption of the Panel andAppellate Body Reports by the DSB. ByDecember 2007, the Arbitrator determinedthat the annual level of nullification orimpairment of benefits accruing to Antiguain this case is US$21 million and thatAntigua has followed the principles andprocedures of Article 22.3 of the DSU indetermining that it is not practicable oreffective to suspend concessions or otherobligations under the GATS and that thecircumstances were serious enough.Accordingly, the Arbitrator determined thatAntigua may request authorization from theDSB, to suspend the obligations under theTRIPS Agreement mentioned in paragraph5.6 above, at a level not exceeding US$21million annually.

Entry into Force ofAmendments to theRegulations of theInternational Criminal Court(ICC)On 18 December 2007, amendments to theRegulations of the ICC adopted by thejudges on 14 June and 14 November 2007,during their eighth and ninth plenarysessions, entered into force. Pursuant toArticle 52 of the Rome Statute, theamendments to the Regulations of the Courtwill be circulated to States Parties forcomments. If, within six months fromcirculation, there are no objections from amajority of States Parties, the amendmentsshall remain in force.

Assembly of States Parties tothe Rome Statute Elects ThreeJudgesAt the sixth session of the Assembly ofStates Parties to the Rome Statute of theInternational Criminal Court (“theAssembly”), held at United NationsHeadquarters in New York, from 30

November to 14 December, 2007. TheAssembly elected the following judges to fillthree judicial vacancies: Cotte, Bruno,(France), Nsereko, Daniel David Ntanda,(Uganda), Saiga, Fumiko (Japan). Inaccordance with the Rome Statute, thejudges were elected to fill the judicialvacancies for the terms of office of theirpredecessors. Pursuant to a drawing of lots,which took place on 3 December 2007, theterm of office for Ms. Fumiko Saiga shallend on 10 March 2009, while the terms ofoffice of Mr. Bruno Cotte and Mr. DanielNsereko shall end on 10 March 2012. TheAssembly of States Parties is themanagement, oversight and legislative bodyof the International Criminal Court. It iscomposed of representatives of the 105States that have ratified or acceded to theRome Statute.

Germain Katanga Transferredinto the Custody of the ICCOn 17 October 2007, the Congoleseauthorities surrendered and transferred MrGermain Katanga, a Congolese nationaland alleged commander of the Force derésistance patriotique en Ituri [PatrioticResistance Force in Ituri] (“FRPI”), to theInternational Criminal Court (ICC). MrKatanga, also known as “Simba”, is allegedto have committed six war crimes and threecrimes against humanity in the territory ofIturi, in the Democratic Republic of theCongo (“the DRC”). His case arises from thesituation in the DRC which has been underinvestigation by the Office of the Prosecutorof the ICC since 1 July 2002.

Case Between Chile and theEuropean CommunityConcerning the Conservationof Swordfish Stocks in theSouth-Eastern Pacific OceanChamber Accedes to Parties’Request for Extension ofTime-Limits HamburgThe Special Chamber of the Tribunalconstituted to deal with the Case concerningthe Conservation and SustainableExploitation of Swordfish Stocks in theSouth-Eastern Pacific Ocean (Chile/European Community) on 30 November2007 adopted an order further extending thetime-limits of the proceedings for one yearuntil 1 January 2009. The case was

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RECENT ARTICLES

submitted to a Special Chamber of theTribunal at the request of Chile and theEuropean Community on 19 December2000. The case raises, interalia, thefollowing issues: whether the EuropeanCommunity has complied with its obligationsunder the United Nations Convention on theLaw of the Sea to ensure the conservationof swordfish in the fishing activitiesundertaken by vessels flying the flag of itsMember States on the high seas adjacent toChile’s exclusive economic zone; whetherthe Chilean decree which purports to applyChile’s conservation measures to swordfishon the high seas is in breach of theConvention; and whether the “GalapagosAgreement” of 2000 was negotiated inkeeping with the provisions of theConvention. By Order of 20 December2000, the Tribunal constituted the SpecialChamber, consisting of Judge P.Chandrasekhara Rao, President of theChamber, Judges Caminos, Yankov andWolfrum, and Judge ad hoc Orrego Vicuña.

Bali Meeting on ClimateChangeThe main focus of the thirteenth Conferenceof the Parties to the United NationsFramework Convention on Climate Change(COP 13) and the third Conference of theParties serving as the meeting of the Partiesto the Kyoto Protocol (COP/MOP 3) washeld in Bali, Indonesia, from 3-15 December2007. The main focus of the meeting was onlong-term cooperation and the post-2012period, when the Kyoto Protocol’s firstcommitment period expires. The items,which were principal subjects of plenary,can be easily categorized under four broadthemes-adaptation, mitigation, transfer oftechnology and the post-Kyoto Protocolscenario. One of the most talked-aboutoutcomes of the Bali Summit was theParties agreement to text referring to“nationally appropriate mitigation actions bydeveloping country parties in the context ofsustainable development, supported bytechnology and enabled by finance andcapacity-building in a measurable,reportable and verifiable manner”. The BaliSummit finalized the structure of theAdaptation Fund, which will provide fund tothe developing countries to take adequatemeasures. The summit has constituted theAd hoc Working Group to decide on the postKyoto-Protocol legal commitments by 2009.

RECENT ARTICLES“National Implementation of InternationalHumanitarian Law Biannual Update onNational Legislation and Case law, July –December 2006”, International Review ofthe Red Cross, vol. 89, no. 865, (2007), pp.209-220.Abass, Ademola, “The Competence of theSecurity Council to Terminate theJurisdiction of the International CriminalCourt”, Texas International Law Journal, vol.40, no. 2 (2005), pp. 263-298.Aginam, Obijiofor, “Food safety, South-NorthAsymmetries, and the Clash of RegulatoryRegimes”, Vanderbilt Journal ofTransnational Law, vol. 40, no. 4 (2007), pp.1099-1114.Alam, Shawkat, “Trade RestrictionsPursuant to Multilateral EnvironmentalAgreements: Development Implications forDeveloping Countries”, Journal of WorldTrade, vol. 41, no. 5 (2007), pp. 983-1014.Alston, Philip, “Remarks on Professor B.S.Chimini’s: A Just World under Law: A Viewfrom the South”, American UniversityInternational Law Review, vol. 22, no. 2(2006), pp. 221-236.Aronofsky, David, “The International LegalResponsibility to protect against Genocide,War Crimes and Crimes against Humanity:Why National Sovereignty Does notPreclude Its Exercise”, ILSA Journal ofInternational and Comparative Law, vol. 13,no/ 2 (2007), pp. 317-320.Beirersdorf, Oliver and Jennifer, A. Guidea,,“Recent Development in Aviation Law”,Journal of Air Law and Commerce, vol. 72,no. 2 (2007), pp. 207-304Byron, Christine, “A Blurring of theBoundaries: The Application of InternationalHumanitarian Law Human Rights Bodies”,Virginia Journal of International Law, vol. 47,no. 4 (2007), pp. 839-896.Cassese, Antonio, “The Nicaragua andTadic Tests Revisited in Light of the ICJJudgment on Genocide in Bosnia, EuropeanJournal of International Law, vol. 18, no. 4(2007), pp. 649-668.Chimni, B. S., “A Just World under Law: AView from the South”, American UniversityInternational Law Review, vol. 22, no. 2(2006), pp.Das, Kasturi, “GATS 2000 Negotiations andIndia: Evolution and State of Play”, Journal

of World Trade, vol. 41, no. 6 (2007), pp.1185-1236.Ghimire, Anita, “Enfranchising IDPs inNepal”, Forced Migration Review, Issue no.28 July (2007), pp. 48.Jeet, Chandra, “International CriminalJustice: Issue and Perspective”,International Studies, vol. 44, no. 3 (2007),pp. 253-264.Kleffner, J. K., “From ‘Belligerents’ to‘Fighters’ and Civilians Directly Participatingin Hostilities – On the Principle of Distinctionin Non-international Armed Conflict OneHundred Years after the Second HaguePeace Conference”, NetherlandsInternational Law Review, vol. 54, no. 2(2007), pp. 315-336.Kulovesi, Kati, “The Private Sector and theImplementation of the Kyoto Protocol:Experiences, Challenges and Prospects”,Review of Europe Community &International Environmental Law, vol. 16,no. 2 (2007), pp. 145-157.Kumar, Nagesh, “Emerging TNCs: Trends,Patterns and Determinants of Outward FDIby Indian Enterprises”, TransnationalCorporations, vol. 16, no. 1(2007), pp. 1-26.Mcdonald, A., “Declarations of War andBelligerent Parties: International LawGoverning Hostilities between States andTransnational Terrorist Networks”,Netherlands International Law Review, vol.54, no. 2 (2007), pp. 279-314.Menon, N. R. Madhava, “Training in LegalEducation Some Comparative Insights fromIndian and American Experience”, Journalof the Indian Law Institute, vol. 49, no. 3(2007), pp. 399-408.Merrills, J. G., “The Mosaic of InternationalDispute Settlement Procedures:Complementary or Contradictory?”,Netherlands International Law Review, vol.54, no. 2 (2007), pp. 361-394.Pierola, Fernando and Horlick, Gary, “WTODispute Settlement and Dispute Settlementin the “North-South” Agreement of theAmericas: Considerations for Choice ofForum”, Journal of World Trade, vol. 41, no.5 (2007), pp. 885-908.Roscini, M., “Threats of Armed Forced andContemporary International Law”,Netherlands International Law Review, vol.54, no. 2 (2007), pp. 229-278.Siegele, Linda and Ward, Halina, “CorporateSocial Responsibility: a Step Towards

8 October-December 2007

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Current Issue ofIndian Journal of International Law

Vol. 47 No. 4 October – December 2007

CONTENTS

ARTICLES

Development of International Law and SouthAsia: An Historical Approach

R.P. AnandAn Evolving Security Council

David M. Malone

SHORTER ARTICLE

Environmental Liability Regime in IndiaDharmendra S. Sengar

OFFICIAL DOCUMENTS

Report of the Secretary-General of the UnitedNations on the Work of the Organization, 2007

Report of the Special Rapporteur on the Situationof Human Rights in Myanmar

BOOK REVIEW

Nikolas Sturchler, The Threat of Force inInternational Law

Manoj Kumar Sinha

SELECT ARTICLES AND NEWACQUISITIONS

New Acquisitions to the ISIL Library fromOctober to December 2007

Stronger Involvement of Business in MEAImplementation?”, Review of EuropeCommunity & International EnvironmentalLaw, vol. 16, no. 2 (2007), pp. 135-144.Sinha, Manoj Kumar, Decisions of theInternational Court of Justice InvolvingBosnia and Herzegovina and Servia andMontenegro”, ISIL Yearbook of InternationalHumanitarian and Refugee Law, vol. 6,(2006), pp. 126-141.Tiehaara, Kyla, “Third Party Participation inInvestment-Environment Disputes: RecentDevelopments”, Review of EuropeCommunity & International EnvironmentalLaw, vol. 16, no. 2 (2007), pp. 230-240.

NEW ADDITIONSOctober – December 2007Ahn, Pong-Sul, Organizing for Decent Workin the Informal Economy: Strategies,Methods and Practices (ILO, Geneva,2007).AITD, Intermodal Logistics Unlocking Value(Asian Institute of Transport Development,New Delhi, 2007).

Alam, Shah, Enforcement of InternationalHuman Rights Law by Domestic Courts(New Warsi Book Cooperations, Dhaka,2007).American Law Institute, Restatement of theLaw: Conflict of Laws, 2nd ed., Vol. 1 – 7(American Law Institute, Washington, 1971).Carr, Indira and Kidner, R., Statutes andConventions on International Trade Law, 4th

ed., (Covendish Publishing Ltd., London,2005).Carr, Indira, International Trade Law 3rd ed.,(Covendish Publisher, London, 2005).Chakravarty, Suhash, CrusaderExtraordinary: Krishna Menon and the IndiaLeague 1932-1936 (India Research Press,ND, 2006).CNIAM., Arbitration Rules (Martijus NijhoffPublishers, Leiden, 2004).Harris, D. J., Case and Materials onInternational Law, 6th ed., (Sweet andMaxwell, London, 2004).ISIL, Fifth International Conference onInternational Environmental Law, 8-9December 2007, New Delhi, Vol. 1 & 2(ISIL, New Delhi, 2007).

Lawyers Collective, Legislating Epidemic:HIV/AIDS in India (Delhi Universal LawPublishing Co. Pvt. Ltd. Delhi).Mallikarjun, A. S. Bhagyashree, Foundationof Political Obligations: For Law and DegreeStudent, 2nd ed., (Bhama Prakashan,Bangalore, 2006).Narain, Jain P., ed., Aids in Asia: TheChallenge Ahead (WHO & SagePublications, New Delhi, 2004).North, P., and Fawcett J. J., Cheshire andNorths Private International Law, 13th edn.,(Oxford University Press, ND, 2006).Patel, Bimal N., (ed.), India andInternational Law (Martinus NijhoffPublishers, Leiden, 2008).SOSRAC, Manual for Health ProfessionalsDealing with Torture Victims (SOSRAC, NewDelhi, 2004).UNHCR, Basic International LegalDocuments on Refugees, 6th edn.,(UNHCR, New Delhi, 2005).UNHCR, The New International HumanRights Treaties (United Nations, New York,2007).