Developments and
news pertaining to Asia in various areas of IL
Law of the Sea
–
Meeting of States Parties to Law of Sea
Convention (UN News, 22 June 2009)
At the 19th meeting of state
parties to the United Nations Convention on
the Law of the Sea (UNCLOS) on 22 June 2009,
state parties were divided over whether to
include for discussion a proposal by China,
Côte d'Ivoire and Pakistan (SPLOS/L.60)
entitled “International Seabed Area as the
common heritage of mankind and article 121
of the United Nations Convention on the Law
of the Sea”. The Chinese representative
exhorted States Parties to support the
proposal as determining the outer limits of
the extended continental shelf would clarify
the scope of the International Seabed Area,
in turn benefitting the international
community.
International humanitarian law, peace and
security
–
GLOBAL: Do the Geneva Conventions still
stand up? (IRIN, 23 June 2009)
On the 150th anniversary of the battle of
Solferino which inspired Henri Dunant to
establish the International Committee of the
Red Cross, international humanitarian law (IHL)
experts commented on the relevance of the
Geneva Conventions. Knut Doermann stated
that they were indispensable in protecting
civilians in international conflict given
their widely recognized status, while Mary
Kaldor added that IHL had to be
“complemented by international criminal and
human rights law” for greater protection to
civilians. Hugo Slim believed that the
Geneva Conventions went “far enough”
although more clarity was needed on what
constituted “civilian ambiguity and direct
participation in conflict”. Slim felt that
the Geneva Conventions did not work when
people rejected the “values of distinction
and proportionality”.
Environment –
We have to act to reduce pollution:
Weeramantry (Daily Mirror, 23 June 2009)
At the inauguration of the South Asian
Regional Meeting for Environment
Prosecution, former Vice President of the
International Court of Justice, C.G.
Weeramantry stressed the need for the
introduction of environmental legislation to
help authorities protect the environment.
Judge Weeramantry announced that a guidebook
on environment law was being compiled for
judges who will decide on cases of
environmental offences. Sri Lankan Minister
of Environment and Natural resources
Champika Ranawaka emphasized that as the
“carbon debt of the entire South Asian
region [amounted] to 48%... the highest for
any region”, it was important for South
Asian states “to join together in
environmental prosecution and set a new
world trend”.
Human rights and development
–
US joins UN rights body, urges cooperative
spirit (AP, 19 June 2009)
The United States has taken its seat on the
Human Rights Council on 19 June 2009 with
much praise from the international community
that "a new era of engagement has begun”
with the Obama administration. The US has
announced that “it considers human rights to
be universal” and will not “flinch from
having [its] records scrutinized”. It also
exhorted other states to be open to the
Universal Periodic Review.
UN rights chief concerned about Iran arrests
(AFP, 19 June 2009)
The High Commissioner for Human Rights, Navi
Pillay, has that the “excessive force” and
“illegal acts” by the militia and security
forces against opposition supporters
disputing the outcome of Iran’s recent
election "could provoke a serious
deterioration in the security situation".
Pillay reiterated the fundamental freedoms
of expression and right of peaceful assembly
and “commended the largely peaceful and
dignified conduct of the huge
demonstrations" in Tehran. Iran is a state
party to the International Covenant on Civil
and Political Rights, which protects the
aforementioned rights.
Liu Xiaobo arrested for subversion (China
Daily, 24 June 2009)
The Beijing Municipal Public Security Bureau
has released a statement that prominent
Chinese dissident,
Liu Xiaobo, “has been engaged in agitation
activities, such as spreading of rumors and
defaming of the government, aimed at
subversion of the state and overthrowing the
socialism system in recent years”. Liu was
active in the Tiananmen Square incident and
a driving force behind “Charter
08, a manifesto signed by hundreds of
intellectuals, scholars and dissidents
calling for political and legal reforms and
respect for human rights”. It is said
that Liu has “confessed to the charge in
preliminary police investigation”.
The United States has condemned China’s
action in a statement announced by House
speaker Nancy Pelosi.
International organizations
–
India again demands expansion of UN Security
Council (The Hindu, 23 June 2009)
India has reiterated its call for the reform
of the United Nations Security Council (UNSC)
by extending veto powers to new permanent
members in order to improve the body’s
legitimacy and credibility. India's
Permanent Representative Hardeep Singh Puri
observed that “the overwhelming majority of
member states [had] unambiguously sought
real reform” and that progress was
“inevitable”. He urged opponents to leave
the “unenlightened path [and] rise above
their own self-interest and insecurities and
join the overwhelming majority in the
greater good for all of humanity”. This
would then help to rectify the current
under-representation of developing
countries.
10 Facts about ASEAN Human Rights
Cooperation (undated, ASEAN Secretariat)
Mr. Termsak Chalermpalanupap, Special
Assistant to the Secretary-General of ASEAN
and special resource person to the High
Level Panel of the ASEAN Human Rights Body (AHRB),
has released a statement clarifying ASEAN’s
human rights cooperation after 14th ASEAN
Summit in Hua Hin, Thailand, in February
2009.
Mr Termsak stated that the status of the
AHRB needed “emphatic clarification” as it
was “never intended to be any ‘independent
watchdog’… To moan on the AHRB’s ‘lack of
teeth’ is to bark up the wrong tree… No
‘biting’ is ever required. ASEAN would not
have come this far if its Member States want
to bite one another with sharp teeth just to
get things done their own way”.
Trade and investment
–
A sign of danger (China Daily, 25 June 2009)
The United States (US) and European Union
(EU) have requested for World Trade
Organization (WTO) dispute settlement
consultations with China regarding Beijing's
export restraints on key raw materials,
including yellow phosphorous, bauxite, coke,
magnesium, silicon metal and zinc. Both the
US and EU contend that China’s policies are
hurting American and European manufacturers
which rely on these raw materials for
production, and that these measures are
exacerbating the difficulties already
experienced in the current economic
downturn. China has argued its export
restrictions are meant to protect the
environment and natural resources and are in
line with WTO regulations. The US and the EU
are instead “betraying their long-term
commitment to climate change and
environmental protection by asking China to
dismantle policies needed to pursue greener
economic growth”.
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