Volume 20, No.1, Jan 1999

COOPEARATION IN THE MARITIME ZONES AMONG AND BETWEEN THE SAARC COUNTRIES 

by A.K.H. Morshed

           Barrister A.K.H. Morshed, former Foreign Secretary and Chairman, Board of Governors of BIIS, is currently the Legal Counsel, Ministry of Foreign Affairs, Government of Bangladesh. The writer has greatly benefited from the valuable advice and suggestions of Dr. S.P. Jagota and De. Sahgal both formerly of the Government of India. He has also had the benefited of searching criticism by Mr. Jamshyd Hamid of the Government of Pakistan. Needless to say the views expressed are entirely the writer’s and cannot bind any Government or institution.

         All the SAARC countries have important and growing maritime interests in the Bay of Bengal, the Arabian Sea and the Indian Ocean to defend individually. This paper boldly argues that in some selected areas, the read interests of the SAARC countries can meaningfully be advanced in the regional context. But to be useful and feasible, it should be promoted step by step, taking into account the sensitivity of the subject matter and countries individually and regionally have been taken up. These are: fisheries, maritime environment and scientific research. The author argues that lack of cooperation in these areas may contribute to the rapid destruction of valuable resources. Moreover, unsustainable practices may lead be deterioratoion of political relation and weakening of the region in the global arena.

POKHRAN 11: RESPONSE OF US, RUSSIA, CHINA AND PAKISTAN

by Snehalata Panda   

          Snehalata Panda, Ph.D., is Reader, Department of Political Science, Berhampur University, Orissa, India.

          The nuclear explosion by India on May 11 and 13 has spurred an array of debate in both domestic sphere and international arena concerning the rationale of such explosion. The concurrent reaction of Pakistan with dic detonations on the other hand, has been accepted with less depreciation by the international community. Nevertheless, after the detonation, India is now facing economic sanctions imposed  by the international community, specially by the two of its largest economic partners, the United States and Japan. The withdrawal of economic commitments, both by these two countries and other European countries and financial institutions is likely to disrupt Indian economic advancement. However, the denial of technology specially hi-tech computers, has mismatched the Indian leadership’s strategic calculations regarding the possible entrance in the nuclear club and as the permanent member of the UN Security Council. This paper attempts to examine the diverse reactions of the United States, Russia, China and Pakistan on the issue of India’s nuclearisation. It also tries to appraise the strategic calculations of these  states in this regard and the possible options left to India to maneuver the international environment.                  

 

PARLIAMENTARY PARTICIPATION IN TREATY-MAKING PROCESS: IMPLICATIONS FOR BANGLADESH

by Liaquat Ali Siddiqui   

            Liaquat Ali Siddiqui is Assistant Professor, Faculty of Law, University of Dhaka & Member, IUCN, Law commission.

           Although treaties are binding on member states on the international plane state parties are free to adopt different methods of treaty-making at the domestic level. Drawing on the constitutional developments in different jurisdictions, this article develops three principal models of treaty-making in which parliament plays either active, passive or insignificant role. While in the first and second models parliament has effective control over the treaty-making power of the executive, in the third model, it is virtually absent. The study can discern a growing trend towards strengthening the role of parliament in treaty-making process. The arguments for the development of a democratic treaty-making process at the domestic level are many. It suggests that the countries belonging to the third model should amend their constitutional provisions to strengthen the role of parliament in treaty-making process and to impose constitutional check on the possible executive autocracy. Particularly it examines the legal implications of this democratic trend of treaty-making for Bangladesh and works out a reformatory plan in the light of recent constitutional developments of the country.

 

CIVILIAN CONTROL OF THE MILITARY IN BANGLADESH: MOVING TOWARDS A DEMOCRATIC TRADITION

by  Ishfaq Ilahi Choudhury   

           Ishfaq Ilahi Choudhury is a Group Captain in the Bangladesh Air Force.

           Civilian control of the military is a sine qua of a modern democratic state. The central objective of the paper is to examine how best to exercise civilian control of the military in Bangladesh to ensure democratic continuity coupled with high military professionalism. In this order, a careful study of the US experience on civilian control of the military provides basic principles for the ex-ante equilibrium of power sharing between the relevant actors and ensures that no single person or authority exercises overwhelming power. Civilian control over the military is shared between three organs of the state: executive, legislature and the military. Military, like other government agencies, provide advice, but the onus of  the decision making is on the civilian government .In case of Bangladesh although the military is constitutionally under the control of the elected representatives, but the effective control of the parliament had been only marginal except for the recent years. Unlike the American supreme court, the Judiciary in Bangladesh cannot oversee the military, including paper calls for institutional reform measures within a coherent and participatory national security and strategic policy in order to initiate the evolution process of civil control over the military in Bangladesh. Also, a vibrant interaction between the military and the civil society is sought in this order.