Tag Archives: South Asia

Analysis of the Jadhav case in the ICJ

Jadhav’s case is based on numerous controversial and contentious premises, especially because it is yet another instance of extreme rivalry between the two nuclear-armed neighbours.

Kulbhushan Sudhir Jadhav, an Indian national and a secret military agent was arrested in Balochistan on 3 March 2016 on allegations of espionage and terrorism against Pakistan. Owing to Jadhav’s two confessional statements, one in March 2016 and the other in June 2017, Jadhav was sentenced to death in April 2017 for espionage. Meanwhile, India insisted that Jadhav was not guilty, classified this decision as a “pre-meditated murder”, and turned to the International Court of Justice (ICJ) for support and help to invalidate Jadhav’s pronouncement of guilt. As a consequence, the implementation of Jadhav’s death sentence was postponed. Approximately one year later, on Wednesday 17 July 2019, the ICJ pronounced its judgment on Jadhav’s case based on the public hearings that began on 18 February 2019. In its judgment, the ICJ had ruled that Jadhav be allowed consular access immediately, and asked Pakistan to ensure effective review and reconsideration of his conviction and sentences. This was in accordance with Article 36 of the the Vienna Convention on Consular Relations 1963 (VCCR). 

Article 36 states that “when a national of a foreign country is arrested, they must be informed of the right to have their country’s consulate notified and should also have the right to regular consultation with their consulate’s officials during their detention and trial.” Perhaps, through this verdict, the ICJ sought to fill all the possible gaps; it wanted to allow a fairer and a more acceptable trial to take place; it wanted to make up for matters that previously went unnoticed when dealing with Jadhav. The fact that Jadhav’s case has so many areas of analyses, each depicting a unique picture of the case, is noteworthy. Initially, Pakistan argued that Jadhav shouldn’t be allowed consular access. Continue reading

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Filed under Courts, Criminal Justice, Criminal law, Discussion, ICJ, India, Pakistan, Politics

Reko Diq: Pakistan versus Gold Diggers

These narratives show how foreign investors are a double-edged sword for Pakistan. TCC was suspected of lending support to Baloch separatists. 

Pakistan has recently been garnering a lot of attention in international tribunals. A recent case is the Reko Diq case, which led to arbitration in the World Bank’s International Centre for Settlement of Investment Disputes (ICSID). In Tethyan Copper Company Pty Limited v. Islamic Republic of Pakistan (ICSID Case No. ARB/12/1), ICSID has ruled that Pakistan has to pay a $5.8 billion penalty to a mining company, the Tethyan Copper Company (TCC). It is an oddity that the Pakistani public has been disabled from knowing the full details of the ICSID arbitration judgment. The condition for the publication of the award is that both parties must consent to its publication and apparently there is no consensus that it should be published, or alternatively there is consensus that it should not be published. Either way that is rather opaque and lacks transparency. Yet we do know the identities of the arbitrators and the costly law firms employed by the parties and all the procedural steps in the arbitration (which is rather pointless indeed without knowing the full and exact details of the final arbitration award). 

It is rather appalling that the award is not in the public domain and the people of Pakistan are being denied access to the full details of the decision. Reko Diq is a region in Balochistan that has large gold and copper reserves. TCC acquired an exploration license in 2006, buying it from the company BHP Minerals. Though this seems a very recent mining project, TCC itself is a joint venture by other foreign companies, and BHP had been granted licenses since 1993 by the Balochistan Development Authority (BDA) under the Chagai Hills Exploration Joint Venture Agreement (Chevja). Now that TCC was exploring Reko Diq’s reserves, it completed its feasibility study in 2010, and applied for a mining lease, but it was denied. Chevja had been challenged by petitioners before. In 2013, the Supreme Court decided that the agreement (Chevja) was void ab initio. In 2009, the provincial government had already terminated Chevja. Continue reading

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Filed under Accountability, Balochistan, Corruption, Courts, Discussion, Economy, Legislation, Mining, Pakistan, World Bank

India’s tit-for-tat policy in its trade war with the United States: A master stroke or miscalculation?

India has long had a field day putting tariffs on American products. No longer acceptable!

Because the G-20 failed to restore the international trade order, on 9 July 2019 American President Donald Trump fired off yet another Twitter attack. This tweet from the US President was posted after a few days of the G-20 Summit, when he met Indian Prime Minister Narendra Modi at the sidelines of the G-20 Summit late last month, where the two leaders agreed upon further meetings to resolve the escalating matter of trade disputes which included import quotas on agricultural goods and to put price caps on medical devices. The other hindering topics included:  outsourcing of intellectual property protections on generic drugs. Moreover, ever since taking office, President Trump has focused on reducing bilateral trade deficits to reduce national security impact of steel and aluminum imports, however, a deadlock was avoided up until the recent but significant change in Prime Minister Modi’s approach after getting elected for a second term.

The decision to revoke India’s status for special trade treatment and the slap back tariffs by India on US goods and services has quickly led Washington and New Delhi towards an impasse. The desire 0f the Modi  government to please domestic constituencies has further aggravated the situation to a tit-for-tat stand-off and India has escalated a trade battle by slapping new tariffs on American goods, a battle that was never worth fighting and may now indeed backfire. Furthermore, India had announced retaliatory tariffs back in June last year, but they were recently implemented. The 120% tariffs on US goods and services are limited in nature and largely symbolic but show a shift from restrain to a tit-for-tat policy by India. Modi government’s shift backward on market openness, with increasing tariffs on a few dozen goods, new regulations on e-commerce and a push for data localization in its growing digital economy is what has upset the Trump administration. Continue reading

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Filed under Discussion, Economy, India, Pakistan, Politics, Trump, United States

Qatar and the Global Energy Market: The Politics of Natural Gas

Pakistan’s position in this dilemma is unique; it enjoys ties with Qatar, as well as with Saudi Arabia and the United Arab Emirates.

On 22 June 2019, Emir of Qatar Sheikh Tamim bin Hamad Al-Thani arrived in Pakistan on the invitation of Prime Minister Imran Khan for a two-day state visit. The state visit was specifically aimed at strengthening bilateral ties and improving cooperation in diverse fields between Qatar and Pakistan. In addition to the one-on-one talks between the Emir, Prime Minister Imran Khan and President Arif Alvi respectively, delegation-level meetings were also conducted between representatives of both countries. Notably, one of the most important results of this visit was the subsequent pledge for mutual cooperation with regard to gas exploration and the energy sector. The sheer competitiveness of the energy market is a stark reality. In a bid to secure a pivotal multi-billion-dollar supply contract, the Qataris reduced prices of liquefied natural gas (LNG) for Pakistan in May 2019.

With Saudi Arabia and the United Arab Emirates both offering enticing offers concerning deferred oil and LNG payments for Pakistan, Qatar sought to modify LNG prices in order to successfully secure the deal. It is reported that presently, Qatar exports ‘500 mmcfd [million cubic feet per day] to Pakistan under a 15-year agreement struck at 13.37% of Brent crude price.’[i] Pakistan has been negotiating with a number of countries including Russia, Turkey, Malaysia, Azerbaijan and Italy with regard to attaining long-term gas deals. Saudi Arabia (and state-owned petroleum and natural gas company Aramco) has also shown interest in securing a gas deal with Pakistan. Continue reading

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Filed under Discussion, Economy, Energy, Pakistan, Pakistan Horizon, Politics, Russia, The Middle East

Pakistan Horizon: Latest Abstracts

The Pakistan Horizon is the flagship journal of The Pakistan Institute of International Affairs (PIIA) which we have published continuously since 1948. Research at the PIIA is published either in monographs or in Pakistan Horizon, the quarterly journal of the Institute. The first issue was published in March 1948. Since then, it has been published without a break; it contains articles, speeches, surveys of Pakistan’s diplomatic relations, book reviews, chronologies of important events and documents. Notably, our respected journal is the oldest journal on International Relations in South Asia. Apart from adding to the learning on politics, Pakistan Horizon aims to combine rigorous analysis with a helpful approach to international issues. It thus features articles related to Pakistan’s foreign policy, regional and global issues, women’s concerns in international relations, IR theory, terrorism and security studies and emerging environmental concerns. The abstracts for all our latest articles from PAKISTAN HORIZON, Volume 72, Number 2, April 2019 are available below.

As part of its public diplomacy programme, PIIA arranges roundtable sessions, lectures and seminars on a regular basis. These sessions have been addressed by world leaders, scholars and academics including: Presidents Ayub Khan, Zulfikar Ali Bhutto and Pervez Musharraf; Prime Ministers Liaquat Ali Khan and Benazir Bhutto: Nawabzada Nasrullah Khan, President Habib Bouraqiba, Prince Karim Aga Khan, Madame Sun Yat SenSir Muhammad Zafrullah Khan, Henry Kissinger, Rauf Denktash, Justice Philip C. Jessup, Lord Clement Attlee, Prime Minister Sutan Sjahrir, Prime Minister SWRD Bandranaike, Professor Arnold Toynbee, Professor Andre Siegfried, Professor Y. V. Gangovsky, Michael Krepon, Walter Russell Mead, Professor Kishore Mahbubani, Professor Francis Robinson CBE (see here) and the unsurpassable Rajmohan Gandhi (see here). Continue reading

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Filed under Climate Change, CPEC, Discussion, Pakistan, Pakistan Horizon, Politics

Dr Masuma Hasan: Hamoodur Rahman Commission Report

Time and again there has been a clamour from politicians and the media that the Hamoodur Rahman Commission Report should be made available to the public. Recently this demand was aired on a television channel. Actually, the report, which was a classified document, was officially declassified on 30 December 2000 and became part of the public narrative. Many people have criticised the report, which is a most remarkable document, without ever having read it. Within a week after he was sworn in as president, on 26 December 1971 Zulfikar Ali Bhutto appointed a commission of inquiry into the 1971 war with Chief Justice Hamoodur Rahman as president and justices Anwarul Haq of the Lahore High Court and Tufailali Abdur Rahman of the High Court of Sind and Baluchistan as members. They were tasked to inquire into the circumstances in which the Commander Eastern Command surrendered and Pakistan’s armed forces under his command laid down their arms and a ceasefire was ordered along the borders of West Pakistan and India and along the ceasefire line in the State of Jammu and Kashmir.

The Commission examined 213 persons including members of the public, political leaders, members of the army, navy and air force, serving and retired civil servants and journalists. The main report was submitted to Bhutto on 12 July 1972. Since some of the major actors in the East Pakistan tragedy were prisoners of war in India, the Commission tried unsuccessfully to interview them through the International Committee of the Red Cross. After the 1974 Simla Agreement, when these prisoners and civilian internees were repatriated to Pakistan, the Commission examined 72 persons, including Lt. General A. A. K. Niazi, Commander Eastern Command. The supplementary report, based on their evidence, was completed before the end of 1974. Continue reading

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Filed under Discussion, Pakistan, Pakistan Horizon, Uncategorized

There is no proper climate change policy in Pakistan, experts conclude

There is no proper climate change policy in Pakistan, say experts. Policies are made here to get funding from international donors. 

“Climate change is a threat multiplier. There are other more critical threats but climate will multiply their impact,” said HEC chairman Dr Tariq Banuri on Friday. He was speaking at the inauguration session of a two-day conference on climate change — An Existential Challenge for Pakistan — organised by PIIA. “It is real, it is here and we caused it though we are quite sure that we also know how to fix it, but only if we cooperate,” said Dr Banuri, adding that the window for acting was short and closing fast. “There will be pain, nevertheless, we have to adapt. We also have to learn to prosper in a world defined by climate change,” he said. Bringing up the four horsemen and their horses of the Book of Revelation who symbolise the evils to come at the end of the world such as conquest, war, famine and death, he said that over the years things such as the industrial revolution, the manufacturing of pesticides, introduction of vaccines, etc, have pretty much warded off threats of famine, death, etc as more people today die of obesity than hunger and the incidence of premature deaths was also on the way out.

“But if we think that we have pushed back the four [horsemen] of the apocalypse, just know that climate change is bringing them back in,” he said. He also said that the government here was not serious about doing anything for climate change. “So there is really no such thing as climate policy here. No one knows what is happening as the policies here are not made to solve issues, they are made to see how to get funding from international donors,” he said. Prof Dr Noman Ahmed, the dean of the faculty of architecture at the NED University, started his presentation on ‘Citizens’ Concerns about Climate Change’ with a little story about him going to Lea Market for his research and casually asking a labourer there about the heatwave and its repercussions on people like him. Continue reading

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Filed under Climate Change, Discussion, Karachi, Pakistan, Policymaking