Report

Talk by Prof. Dr. Bharat Desai on “Taking International Law Seriously”

08 December 2021

Event Report

The Manohar Parrikar Institute for Defence Studies and Analyses (MP-IDSA) organised a talk on “Taking International Law Seriously” by Prof. Dr. Bharat H. Desai, Professor of International Law, Jawaharlal Nehru Chair in International Environmental Law, Chairman, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, on 08 December 2021, at 11am in Seminar Hall I. Maj. Gen. (Dr.) Bipin Bakshi, AVSM, VSM, (Retd.), Deputy Director General, MP-IDSA, chaired the session. The talk was attended by all scholars at MP-IDSA.

Executive Summary

The talk drew attention to the negligence of International Law by countries and the challenges in ensuring that it is taken seriously by all players in the international arena. Prof. Desai reflected on the general apathy towards International Law from all spheres – academic, scholarly as well as the government. Stating that the basis of conduct for International Relations is International Law, he argued that the concept can be traced to ancient Indian history and indigenous texts. The speaker shed light on the gradual shift seen in India’s growing emphasis on international law in its bilateral and multilateral engagement. Underscoring the consequences of neglecting International Law in dealing with international issues; Prof. Desai emphasised on the diversity and applicability of International Law on a variety of issues. He asserted that scholarship and domain knowledge would add legitimacy and prestige to government officials representing India on international forums

Detailed Report

The chair, Maj. Gen. (Dr.) Bipin Bakshi (Retd.), Deputy Director General, MP-IDSA, began the session by welcoming the speaker and introduced the topic to the attendees. He drew attention to the importance and relevance of International Law in providing a stable just political order. Referring to the topical issue on border tensions between Russia and Ukraine, he highlighted the concerns surrounding violation of international norms. The chair underlined that nation-states cannot face challenges with outdated structures, a message given by Prime Minister Narendra Modi during his address at the United Nations. Maj. Gen. (Dr.) Bakshi reflected on the effectiveness of International Law owing to the fact that its validity depends on the will of the State. He shed light on countries in the international community transitioning from rule takers to rule shapers, including India. The chair invited the speaker to further discuss these issues and share insights on the theme.

The speaker, Prof. Dr. Bharat Desai, began his talk by expressing his gratitude for the opportunity to present at MP-IDSA. Remarking on the historical trajectory of International Law architecture; he underscored the negligence of International Law and the challenges faced in ensuring it is taken seriously. Presenting an overview of the origins of the School of International Studies at Jawaharlal Nehru University; he shared personal anecdotes of his efforts to introduce International Law as a field of study in academic syllabus. Stating the difficult working conditions to ensure recognition of International Law as a serious field of study; he reflected on the general apathy towards International Law from all spheres – academic, scholarly as well as government.

Prof. Desai emphasised that the basis of conduct for International Relations is International Law, which is often taken for granted and neglected by nation-states. Mentioning that the modern understanding of International Law is a product of European civilization; he stated the concept itself is rooted in ancient Indian history. He drew an outline of the rudimentary forms of International Law and territorial sovereignty as was seen in ancient Indian states like the Ganarajyas. He drew parallels between ancient norms like “a Shanthidoot (enemy’s envoy) cannot be punished” prevalent in Mahabharatha and Ramayana texts and; the current practices established in the Geneva Convention. He underscored that the ‘Law of Dharma’ is similar to ‘international norms and laws’ and pre-dates to texts like the Arthashastra and Nitishastra. He remarked that these indigenous scriptures of India also make references to the treatment of ‘Prisoners of War’.

The speaker explained the trajectory of India’s participation in the formation of International Laws even during the colonial times. He stated that the Maharaja of Bikaner had signed the Treaty of Versailles on behalf of India, which implies the value Britishers attached to their colonies. The speaker opined that British rulers did not obliterate the identities of their colonies and instead ensured their fair representation by encouraging them to sign international treaties. Prof. Desai underscored that International Law refers to the law governing official relations. He remarked on the initial efforts in developing a law on the seas which eventually took the form of ‘United Nations Convention on the Law of the Sea (UNCLOS)’. The speaker shed light on the provisions in the Indian Constitution which accord importance to International Law and empower the Indian parliament to give effect to international agreements.

Giving examples of some countries, Prof. Desai remarked on the dichotomy of statements by Heads of State arguing for adherence to International Law and their actions which often violate established international norms. The speaker also reflected on the changing dimension of use of force in the world. Opining that countries often use International Law as a ‘trump card’; he stated that International Law as a practice has been applied on various international issues. He explained the same by providing examples of Operation Neptune Spear, treaties like International Solar Alliance, security issues like border cross-firing and surgical strikes; and post-conflict mechanisms as in the case of Taliban’s takeover of Afghanistan.

Reflecting on the rapidly changing world, the speaker stressed that India needs to be equipped effectively to understand and grasp the simmering ideas of International Law. He stated that it is essential for India to prioritise International Law in order to solidify her right to self-defense, especially in issues pertaining to the belligerent occupation of Jammu and Kashmir by Pakistan. Remarking on the idea of gaining consensus for permanent membership in the United Nations Security Council (UNSC), Prof. Desai opined that India must instead focus on earning the right. This could be accomplished by building efficient knowledge centres and ensuring that government officials representing India are aided by a strong team of expert scholars.

Stating the example of Prime Minister Narendra Modi’s speech at the recent ASEAN Summit which underlined the importance of International Law; the speaker shed light on the gradual shift seen in India’s growing emphasis on international law in its bilateral and multilateral engagement. Prof. Desai underlined and strongly stressed on the importance of actively pursuing and asserting International Law as a foundation of diplomacy. He stated that countries must gain clarity on the consequences of neglecting International Law in dealing with international issues. Sharing some of his own published works, the speaker remarked on the diversity and applicability of International Law on a variety of issues. He opined that International Law plays a vital role in the hard core issues of national security and could be tool for policy implementation. The speaker concluded by reiterating the importance of mutual cooperation and dialogue on International Law for international peace and security.

The talk was followed by a lively Q/A session which brought out inputs on the elections in Libya and role of International Criminal Court (ICC); issue of refugees in India; underlying causes for earlier neglect of International Law by the Government in India and the role of Supreme Court in invoking international law conventions during its judgements on important issues. During his response, the speaker highlighted the dominance of African-related incidents and undergoing investigations in the ICC; the responsible and humanitarian role played by India in accommodating refugees from neighbor states like Myanmar despite not ratifying the 1951 Refugee Convention; and the dire need for Indian leaders to engage with scholars while dealing with international issues. Prof. Desai underscored that efficient scholarship and domain knowledge would add legitimacy and prestige to officials representing India on international forums. The session concluded with the Chair acknowledging and thanking the Speaker for his passionate and insightful presentation.

Report prepared by Ms. Sindhu Dinesh, Research Analyst, ALACUN Centre, MP-IDSA.