Thursday December 12, 2019
Home Lead Story Dalveer Bhand...

Dalveer Bhandari re-elected as the judge of ICJ

Bhandari has also served as the judge of Supreme Court of India

0
//
The judge of the international court of justice.
Dalveer Bhandari got 121 votes in a 193 members assembly. IANS

Arul Louis

United Nations, November 21

Judge Dalveer Bhandari was re-elected to the International Court of Justice (ICJ) on Tuesday as the General Assembly rallied behind him in a show of strength that made Britain bow to the majority and withdraw its candidate Christopher Greenwood.

“I am grateful to all the nations who have supported me,” Bhandari told IANS in the Assembly chamber after the election. “It was a big election as you know.” The withdrawal of its candidate by Britain, which had the backing of its fellow permanent members, was a setback for the Security Council that had been locked in a test of wills with the Assembly.

A candidate has to win a majority in both the chambers. Bhandari won majorities in the Assembly in the first 11 rounds of voting over two meetings, while the Council blocked his election by giving majorities to Greenwood in the ten rounds of balloting it held.

“The British ultimately had to bow down to the will of the majority,” a diplomat said. “The Indians stared them down.” The Council’s permanent members have traditionally had a judge in the ICJ, assuming it to be a matter of right. This time the 193-member Assembly asserted itself, forcing the Council to back down and put at risk the continuation of the ICJ perk of the permanent members.

In letters written to the Presidents Miroslav Lajcak of the Assembly and Sebastiano Cardi of the Council, Britain’s Permanent Representative Matthew Rycroft said that his country was withdrawing Greenwood’s candidature keeping “in mind the close relationship that the United Kingdom and India always enjoyed and will continue to enjoy”.

Bhandari’s election was a dramatic face-saving turn of fortunes for India, as he lost the Asian seat on the ICJ to Lebanese lawyer-turned-diplomat Nawaf Salam, who had been campaigning for two years and had the backing of the powerful Organisation of Islamic Cooperation with 55 members in the UN.

Bhandari got a second chance only because an unpopular Britain could not get an Assembly majority for a remaining judgeship requiring a runoff where the two chambers of the UN split in their voting.

Bhandari’s cause became a rallying point for the nations not a member of the Council, who were chafing under the domination of the unrepresentative Council to make a popular show of force.

India hammered home the representative character of the Assembly compared to the Council and insisted that the UN members follow democratic principles and re-elect Bhandari by accepting the global majority he has received in the Assembly.

In the last round of voting on November 13, Bhandari received 121 votes, just short of a two-thirds majority in the 193-member Assembly, while Greenwood received nine in the Council.

“The precedent is clear,” India’s Permanent Representative Syed Akbaruddin said at a reception for Bhandari attended by representatives of over 160 countries on Thursday.

“As is expected in the 21st century, the candidate who enjoys the overwhelming support of the General Assembly membership can be the only legitimate candidate to go through.” Diplomats familiar with behind-the-scenes manoeuvres said Britain indicated late last week that it would withdraw Greenwood, but over the weekend changed course with the backing of some fellow permanent members and came up with a plan for the Council to call for ending the balloting and set up a joint conference to resolve the deadlock.

The statutes of the ICJ provides for a joint conference made up of three members each from the Council and the Assembly to resolve a deadlock that persists after three election meetings.

India feared the outcome and campaigned resolutely to avoid it, pointing to the precedents in the elections in 2011 and 2014 and earlier when the candidate leading in the Council withdrew in favour of the candidate with the majority in the Assembly even though in those cases permanent members were not involved.

Bhandari’s election upsets what has become a traditional balance in the ICJ. Besides a permanent member going unrepresented, four Asian countries will be represented on the ICJ bench instead of the usual three.

Three incumbent judges of the ICJ — President Ronny Abraham of France, Vice President, Abdulqawi Ahmed Yusuf of Somalia, and Antonio Augusto Cancado Trindade of Brazil – were elected along with Salam in the first four rounds of voting on November 9.

Bhandari and the others elected will start their term in February next year. (IANS)

Next Story

UN Secretary General Antonio Guterres Warns Countries Advocating Fossil Fuels

Antonio Guterres called on the nations that aren't taking action against climate change

0
Antonio Guterres
UN Sec-Gen Antonio Guterres warns countries advocating usage of fossil fuels. Wikimedia Commons

BY VISHAL GULATI

United Nations Secretary General Antonio Guterres on Wednesday in a stern warning called on the nations advocating for fossil fuels and creating roadblocks in carbon neutral transition asking them to end those activities soon.

“I also call on anyone who is still lobbying their governments for a slow transition or even no transition – to end those activities now. The world is watching,” he emphasised in his address in the final week of the United Nations climate talks, COP25, which is being hosted in Madrid.

Shifting taxes from income to carbon, ending subsidies for fossil fuels, and ending investments in and construction of coal plants by 2020 are all efforts that will benefit from bold and genuine business buy-in and support, he said.

In 2020, many governments will present enhanced Nationally Determined Contributions (NDCs). We expect to see carbon neutrality strategies for 2050, and the decarbonisation of key sectors, such as energy, industry, construction and transport, added the UN Secretary General.

“In support of these efforts, I am calling on you, leaders from the private sector, to challenge your governments to use this opportunity to make clear their economic development policies that will enable your companies to invest decisively in a net-zero future,” Guterres said.

“We are still seeing too many bureaucratic and regulatory obstacles, including perverse fossil fuel subsidies and many other expressions of government action slowing down the private sector commitment to climate action.

Antonio Guterres
Antonio Guterres calls on leaders from private sectors to challenge their governements. Wikimedia Commons

“Only through positive ambition can private and public partners successfully drive ambitious climate action, particularly in hard-to-abate sectors,” the UN chief said.

To limit global temperature rise to 1.5 degrees Celsius above pre-industrial levels, there is a need to cut greenhouse gas emissions by 45 per cent by 2030 and achieve carbon neutrality by 2050.

“While we see some incremental steps towards sustainable business models, it is nowhere near the scope or scale required. What we need is not an incremental approach, but a transformational one. We need businesses to unite behind the science by taking rapid and ambitious action across their operations and value chains,” Guterres said.

I am encouraged that more than 170 major companies have already committed to set scientific, verifiable emission reduction targets aligned with a 1.5-degree future through the aBusiness Ambition for 1.5 degrees’ campaign, he added.

By stepping up and setting science-based targets, these companies are pioneering new ways of doing business and driving systemic change throughout the global economy,” he said.

They are also sending a clear signal to consumers, investors and governments that they intend to lead as the global economy undergoes a just transition to a net-zero future by 2050.

At the same time, the financial community is increasingly demonstrating commitment to the opportunities of a green economy.

UN secretary Antonio Guterres
“Only through positive ambition can private and public partners successfully drive ambitious climate action,” says Antonio Guterres. Wikimedia Commons

Investors managing close to $4 trillion dollars in assets have committed to converting their investment portfolios to net-zero emissions by 2050 through the UN-convened Net Zero Asset Owner Alliance, and the markets are shifting more and more each day, Guterres said.

But business and financial actors can’t do this alone, he stressed.

“As we saw at the Climate Action Summit in September, the determination demonstrated by business and financial leaders offers a potential path of hope. As businesses back away from fossil fuels it helps send market signals to massively scale up innovative solutions. While we thank those leaders, we urgently need more to join and shift the pace to higher gears,” Guterres said.

The magnitude of the climate crisis is jeopardizing our future and life on the planet as we know it. Climate change is already disrupting people, business operations, economies and ecosystems around the world.

Also Read- Around 400mn Lives to be Affected by Year 2100 if Greenland Ice Melts at its Current Rate

More than ever we need governments, regions, cities, businesses and civil society to work together towards a common goal of a more just, sustainable and prosperous world,” he said, adding he has come back to COP25 to appeal for a successful conclusion of the conference and increased climate action and ambition, he noted. (IANS)