Saturday, February 14, 2015

Multilateral organizations and Sovereignty of the Country

One of the first questions posted is about multilateral organizations and sovereignty of a country will be affected by multilateral organizations like the UN?

Every country voluntarily joins any International organization and accepts a common code of conduct as long as its primary interest is not affected, for benefitting from universal mechanisms. Universal mechanisms provide stability, predictability and rule of law. For example UNCLOS – the UN law of the Seas which defines the territorial waters, continental shelf and governs movement of vessels in high seas, where no country’s jurisdiction is. In the absence of such common laws, it would not be possible for smooth conduct of business.
However, every country had a say in the formation of the UNCLOS, They had the power to negotiate
They had the opportunity to put forth their view points
They understood the whole concept and made compromises to the extent that their sovereignty is not eroded.

We always have a choice, no universal law is forced upon us.
India is not part of NPT, because we chose not to. We are one of the only 3 countries that did not sign NPT.

Didn't we ourselves agreed to the international arbitration wherein we lost to Bangladesh?
You subject yourself to international arbitration based on a mechanism that you agreed to
Isn't a choice to let go of our sovereignity- sovereign choice in itself?
Yes. but you should see when we go to arbitration and how we approach it.
The Indus Water Treaty between India and Pakistan was worked out by the World Bank. we are party to it and there is an arbitration clause when the two countries are not able to come to a conclusion on any issue. We have used it twice already, let me correct myself, Pakistan has used it twice already.

sir ... certain multilateral organisation works on concenses basis.. Like example of WTO, it’s very hard to bring conclusion.
Doha is a long story and coming to a least common denominator amongst all the countries is the result of negotiations. The reason that it is not yet concluded is because the countries exercise their sovereign power to ensure that their interests are protected. Ultimately, even when you are part of a multilateral organization, you retain your choice of joining or not joining an Agreement.
Every country weighs the pros and cons of every negotiation and concede to enjoy the universal benefits that accrue out of such agreements. if the country feels that the benefits are not worth it, then they decide not to join it.
Moreover, in WTO, everything is decided on consensus. Even if one country refuses to sign, the whole deal stands dropped. Then it should be taken to other multilateral fora which makes it even more difficult.
Sir, then why was it feared that if India chose to walk-out of Bali agreement- the agreement stands failed for all countries?
Because India is a huge market.
Sir, in case of environment related issues a country doesn't have many choices
On environment, it is also in our interest to see to it that the carbon emissions are controlled.

We are not climate change opposers.

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