English हिन्दी
Connect with us

Latest world news

Justice Bhandari gets another term as judge at ICJ as Britain withdraws candidate

Published

on

Justice Bhandari gets another term as judge at ICJ as Britain withdraws candidate

[vc_row][vc_column][vc_column_text]After a long drawn, close contest, India’s nominee Justice Dalveer Bhandari got elected to the fifth and last remaining vacancy for a judge at the International Court of Justice (ICJ) on Tuesday (November 21) as United Kingdom’s (UK) Christopher Greenwood relented and withdrew.

India had re-nominated Justice Bhandari for another term at the ICJ this year when it realised, after Kulbhushan Jadhav’s case wa taken to the ICJ, that it was advisable to have a presence in the world court.

The ICJ consists of 15 judges, with five judges elected every three years for a 9-year term. Four judges had been re-elected to the ICJ but the fifth member could not be declared elected on Nov 9 as it remained deadlocked. The UN General Assembly (UNGA) voted for Bhandari 115/193 against 76/193 to Greenwood, while the Security Council (UNSC) vote went to Greenwood 9/15. To be elected, a nominee has to obtain a majority in both the UNGA and the UNSC. (See Box below)

The deadlock continued after a dozen rounds of voting and finally, the overwhelming UNGA support to India’s nominee forced Britain to withdraw its candidate from the race. Bhandari, 70, received 183-193 votes in the General Assembly and secured all 15 votes in the Security Council to fill the final vacancy. Britain is a permanent member of the UN Security Council, and that the other permanent members – US, Russia, France and China — were all rooting for Britain’s candidature. Perhaps India’s candidature was more acceptable to UNSC members than Britain’s was to majority of UNGA members.

Indian officials maintained that voting in the General Assembly which overwhelmingly favoured India is reflective of the new global order with its new alignments and power equations. There was pressure on India to withdraw its candidature in favour of UK, say analysts, but it was firmly put down. India ruled out any compromise and lobbied hard that the candidate who enjoys the overwhelming support of the General Assembly members can be the only legitimate candidate to go through.

For Britain it was a loss of face. This was the first time since the tribunal started in 1946 that the country lost a seat at the top table.

Others elected to the top table after four rounds of voting were Ronny Abraham of France, Abdulqawi Ahmed Yusuf of Somalia, Antonio Augusto Cancado Trindade of Brazil and Nawaf Salam of Lebanon.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1511259928856{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #dbdbdb !important;border-radius: 10px !important;}”]ICJ Election procedure

The General Assembly and the Security Council proceed, independently of one another, to elect five members of the Court.

To be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. The words “absolute majority” are interpreted as meaning a majority of all electors, whether or not they vote or are allowed to vote. Thus 97 votes constitute an absolute majority in the General Assembly and 8 votes constitute an absolute majority in the Security Council (with no distinction being made between permanent and non-permanent members of the Security Council).

Only those candidates whose names appear on the ballot papers are eligible for election. Each elector in the General Assembly and in the Security Council may vote for not more than five candidates on the first ballot and, on subsequent ballots for five less the number of candidates who have already obtained an absolute majority.

When five candidates have obtained the required majority in one of the organs, the president of that organ notifies the president of the other organ of the names of the five candidates. The president of the latter does not communicate such names to the members of that organ until that organ itself has given five candidates the required majority of votes.

After both the General Assembly and the Security Council have produced a list of five names that received an absolute majority of the votes, the two lists are compared. Any candidate appearing on both lists is elected. But if fewer than five candidates have been thus elected, the two organs proceed, again independently of one another, at a second meeting and, if necessary, a third meeting to elect candidates by further ballots for seats remaining vacant, the results again being compared after the required number of candidates have obtained an absolute majority in each organ.

If after the third meeting, one or more seats still remain unfilled, the General Assembly and the Security Council may form a joint conference consisting of six members, three appointed by each organ. This joint conference may, by an absolute majority, agree upon one name for each seat still vacant and submit the name for the respective acceptance of the General Assembly and the Security Council. If the joint conference is unanimously agreed, it may submit the name of a person not included in the list of nominations, provided that candidate fulfills the required conditions of eligibility to be a judge on the ICJ.

If the General Assembly and the Security Council ultimately are unable to fill one or more vacant seats, then the judges of the ICJ who have already been elected shall proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council. In the event of a tie vote among the judges, the eldest judge shall have a casting vote.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Who is Justice Bhandari?

Justice Dalveer Bhandari (70) is a former judge of the Supreme Court of India and a former Chief Justice of the Bombay High Court. Hailing from a family of lawyers – his father Mahaveer Chand Bhandari and grandfather BC  Bhandari were members of the Rajasthan bar. He practised at the Supreme Court as a lawyer before being elevated as judge at the Bombay High Court.

He earned a Masters of Law from Northwestern University School of Law and worked at the Northwestern Legal Assistance Clinic and also practised for a while in Chicago courts on behalf of litigants of that clinic.

He has been a fellow of the Centre for Research in Chicago and his erudition led him to travel internationally. He was conferred the Doctor of Laws (LL.D) by Tumkur University, Karnataka.

[/vc_column_text][/vc_column][/vc_row]

Latest world news

S Jaishankar defends Russian oil imports, says it won’t end Ukraine war

S Jaishankar defended India’s Russian oil purchases, saying the Ukraine war can only be resolved through dialogue, diplomacy and negotiations

Published

on

External Affairs Minister S Jaishankar has defended India’s continued purchase of Russian crude oil, saying that stopping the trade would not bring an end to the war in Ukraine.

Speaking to the media during his official visit to Kyiv, Jaishankar said the conflict, now in its fifth year, can only be resolved through dialogue, diplomacy and negotiations. He was responding to questions about Western pressure on India to reduce its purchases of Russian energy.

“This conflict, which is today in its fifth year, will not be solved because somebody is buying or not buying oil or alumina or minerals or metals or fertiliser,” Jaishankar said. He added that dialogue, diplomacy and negotiation were the way to resolve the conflict.

Jaishankar stresses India’s energy security

Jaishankar also highlighted the challenge of ensuring energy security for India’s 1.4 billion people amid difficult global energy conditions.

He said India respects Ukraine’s perspective on the issue but expects other countries to respect New Delhi’s position as well.

India imports around 88 per cent of its crude oil requirement from overseas. According to the report, about one-third of those imports currently come from Russia.

Western pressure over Russian oil

Jaishankar’s comments came amid continued pressure from Western countries over India’s purchases of Russian crude.

The United States and the United Kingdom have backed the argument that restricting Russia’s energy revenues could reduce the funds available to support its military operations in Ukraine.

Last month, the US Senate passed a bipartisan bill that could allow President Donald Trump to impose tariffs of up to 100 per cent on goods from countries, including India and China, that continue importing Russian oil and gas.

India remains a major buyer of Russian crude

Russia has remained India’s largest source of crude oil despite pressure from Washington. However, Indian imports of Russian crude declined in August after reaching record levels in June and July.

Before Russia’s invasion of Ukraine in February 2022, Russian crude accounted for only around 0.2 per cent of India’s crude imports. After Western countries moved away from Russian oil following the invasion, India emerged as the largest buyer of discounted Russian crude.

India imported around 2.1 million barrels of Russian crude per day in August, according to data cited in the report. That represented more than 40 per cent of India’s crude imports, down from around 2.6 million barrels per day in June and July.

Russian exporters increasingly rely on Asian buyers

Russia has also become more dependent on Asian markets after European sanctions disrupted its traditional energy trade.

Countries such as India and China have emerged as important buyers of Russian crude. Continued demand from Indian refiners has helped Russian exporters maintain significant volumes despite restrictions affecting Western shipping, insurance and financial services.

Jaishankar, meanwhile, maintained that the Ukraine conflict requires a diplomatic solution rather than an attempt to resolve it through decisions by individual countries over oil purchases.

Continue Reading

Latest world news

Nepal seeks climate compensation from India, China and US for deadly floods

Nepal has sought climate compensation from India, China and the US after a devastating flash flood killed more than 1,100 people and left nearly 4,500 missing.

Published

on

Nepal has sought climate-related compensation from India, China and the United States following the devastating flash floods that struck the country last week.

Nepal Foreign Minister Shishir Khanal said the country wants its diplomatic approach to move beyond conventional disaster aid towards what he described as justice and compensation. He argued that major greenhouse gas emitters have a responsibility towards vulnerable countries facing severe climate-related losses.

The flash flood struck the Bhotekoshi River basin on August 26 after a high-altitude glacial collapse along the Tibet-Nepal border. The disaster sent water, rocks and debris downstream, affecting villages across at least three districts.

More than 1,100 bodies have been recovered, while nearly 4,500 people remain missing, according to the report.

Nepal seeks accountability from major emitters

Khanal said Nepal’s contribution to global greenhouse gas emissions is “virtually negligible”, yet the country is facing severe consequences associated with global warming, including glacier melt and extreme mountain disasters.

He said Nepal considers the response to such climate-related losses a matter of “legal and moral liability” rather than charity.

According to Khanal, Nepal intends to raise the issue at international forums and seek compensation for climate-related losses suffered by vulnerable countries.

He also highlighted the importance of Himalayan glaciers for South Asia’s water security, saying their disappearance could have consequences for billions of people dependent on rivers including the Ganges and Trishuli.

Nepal’s finance ministry has also sent a formal climate compensation claim letter to its international partners, Khanal said.

India has backed climate equity

India has consistently highlighted the principle of climate equity and pointed to its relatively low per capita greenhouse gas emissions.

New Delhi has argued that climate responsibilities should consider countries’ historical emissions, development requirements and respective capacities. India has also supported efforts to address loss and damage suffered by vulnerable developing countries.

India maintains that developed nations should provide financial resources to countries dealing with the effects of climate change.

Nepal approaches loss and damage fund

Nepal has formally approached the board of the Fund for Responding to Loss and Damage for urgent financial assistance following the August 26 flash flood.

The fund was established at COP27 in 2022 and operationalised at COP28.

A letter jointly signed by Nepal’s Finance Minister Swarnim Wagle and Forests and Agriculture Minister Geeta Chaudhary sought an urgent response to the disaster, citing extensive loss of life, displacement and destruction of homes and critical infrastructure.

The letter said the full extent of the economic and non-economic losses was yet to be determined, but preliminary information indicated that the impact had exceeded Nepal’s immediate response capacity.

Continue Reading

Latest world news

Bank of America VP Erin Piacenti killed in New York stabbing

Bank of America vice-president Erin Piacenti, 32, was fatally stabbed in an apparently random attack in New York’s Times Square.

Published

on

Bank of America vice-president Erin Piacenti was fatally stabbed in New York City’s Times Square in what authorities described as a random and unprovoked attack.

Piacenti, 32, was among two people stabbed in the incident near West 42nd Street and Seventh Avenue on August 31. She was taken to a hospital but later died from her injuries. The other victim, a 68-year-old man, survived and was reported to be in stable condition.

Who was Erin Piacenti?

Piacenti worked as a vice-president at Bank of America in its business selection and conflicts unit. She was also a graduate of the University of Pennsylvania and Fordham Law School.

According to reports, Piacenti was a new mother and had recently returned to work following maternity leave. She had also recently marked her second wedding anniversary with her husband.

Bank of America expressed shock and sadness over her death, describing Piacenti as a valued colleague and extending condolences to her family and loved ones.

What happened in Times Square?

The stabbing took place at around 4:24 pm local time, according to the New York Police Department.

Police identified the alleged attacker as 49-year-old Pamela Cisneros. Authorities said she was carrying two large knives and attacked two people before confronting responding officers.

Police attempted to stop Cisneros, including using Tasers, but she continued advancing towards officers with the knives. Officers then opened fire, and Cisneros was later pronounced dead.

New York Police Commissioner Jessica Tisch said the attack appeared to be random and unprovoked. Police also said Cisneros had a documented history of mental health issues. The motive remains under investigation.

Bank of America reacts to employee’s death

Bank of America said it was “shocked and deeply saddened” by Piacenti’s death and said she would be greatly missed.

The bank’s security teams are also supporting the police investigation and addressing security concerns involving its offices and employees.

Piacenti’s death has left her family, colleagues and friends mourning the loss of a young professional who had recently returned to work after becoming a mother.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com