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Law & justice in globalised world


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Lectures delivered by Dr. Tabrez Ahmad in Law

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Law & justice in globalised world

  1. 1. Dr. Tabrez Ahmad Professor of Law Law & Justice in Globalised World Dr. Tabrez Ahmad, 1
  2. 2. Agenda o Globalisation o Meaning, o Scope, o Dimensions o Social o Political o Economic o Impact of Globalization on Agriculture o Globalisation of Energy o Meanings o Forms o Consequences o Relevance Dr. Tabrez Ahmad, 2
  3. 3.  Global Justice : Concepts and Relation with Human Rights  Priorities of Global Justice  Theoretical Preposition of Global Justice  Global Ethics, Implications  International Relation in Global Ethics  Emerging Models of Global Energy Justice  Concept of Energy justice  Energy Justice and Sustainable Development  International Security Public Order and Rule of law  Concept of International Security  Public order  Multilateral system Dr. Tabrez Ahmad, 3
  4. 4.  History of Foreign Trade in India  Foreign Trade Act  Foreign Trade Policy 2009-14  Incentives Schemes  New Initiatives  Organizational Setup Dr. Tabrez Ahmad, 4
  5. 5. Dr. Tabrez Ahmad, 5
  6. 6. • Import control was introduced in 1940 • In 1946 the Emergency provisions ordinance was promulgated to continue the import trade control • Import and Export(control) Act came into force with effect from 25th march 1947 • Finally the Import and Export(control) act was replaced by the Foreign Trade(Development and Regulation) Act in 1992. History Of Foreign Trade In India Dr. Tabrez Ahmad, 6
  7. 7. MAIN PROVISIONS: 1. Development and Regulation 2. Prohibition and Restriction 3. EXIM Policy 4. Director General of Foreign Trade 5. Importer - Exporter Code Number 6. Issue and Suspension/Cancellation of license 7. Search, Inspection and Seizure 8. Penalty for Contravention Foreign Trade Development Regulation Act Dr. Tabrez Ahmad, 7
  8. 8. In the last few years, robust growth in merchandise exports From US$ 63 billion in 2003-04 to US $ 168 billion in 2008-09. Share of global trade (WTO estimates): 2003 2008 Merchandise trade 0.83% 1.45% Commercial Services 1.4% 2.8% Goods & Services Trade 0.92% 1.64% Source : Annual report of foreign trade policy India’s Foreign Trade Dr. Tabrez Ahmad, 8
  9. 9. Year Export % Growth Imports % Growth 2004-05 83.53 30.8 111.52 42.7 2005-06 103.09 23.4 149.17 33.8 2006-07 126.26 22.5 185.60 24.4 2007-08 162.90 29.0 251.65 27.0 2008-09 185.29 13.6 303.69 20.7 2009-10 178.75 -3.52 288.37 -5.01 Source: Ministry of commerce India’s Foreign Trade Exports & Imports (Figures in US$ billion) Dr. Tabrez Ahmad, 9
  10. 10. Major Hurdles faced by Indian Exporters: Rupee Appreciation by about 12% in the year 2007-08 Global Economic Slowdown and Recession in Developed Economies during 2008-09 and its impact. High Interest Rates Ban on exports of certain food products since 2007. High Incentives provided by some of the countries like China, Bangladesh etc. Reasons for Export Decline Dr. Tabrez Ahmad, 10
  11. 11. Country 2008-09 ($ bn) % share in Total 1 USA 19.7 12% 2 United Arab Emirates 17.8 11% 3 China 8.5 5% 4 Singapore 7.6 5% 5 Hong Kong 6.4 4% 6 United Kingdom 6.2 4% 7 Germany 5.9 4% 8 Netherlands 5.9 4% 9 Saudi Arabia 4.8 3% 10 Belgium 4.3 3% India’s Foreign Trade Major Export Destinations Dr. Tabrez Ahmad, 11
  12. 12. Commodity 2008-09 ($ bn) % share in Total 1 Petroleum, Crude and products 93.1 32.36% 2 Machinery, Electrical and non-electrical 24.3 8.44% 3 Electronic goods 21.5 7.48% 4 Gold and silver 19.5 6.76% 5 Fertilizer, crude and manufactured 13.6 4.72% 6 Pearls, precious and semi-precious 12.8 4.44% 7 Organic and inorganic chemicals 12.8 4.43% 8 Coal, coke and briquettes 10.5 3.64% 9 Iron & Steel 9.5 3.30% 10 Metaliferrous ores and metal scrap 8.3 2.89% India’s Foreign Trade Major Import Commodities Dr. Tabrez Ahmad, 12
  13. 13. Short Term Objectives:  To arrest and reverse the declining trend of exports; and  To provide additional support to those sectors which have been hit badly by recession in the Developed World. Medium term Policy Objectives :  To achieve an Annual Export growth of 15% with an Annual Export Target of US$ 200 billion by March 2011.  To achieve an Annual Export growth of around 25% by 2014.  To double India’s exports of goods and services by 2014. Long Term Objective :  To double India’s share in Global Trade by 2020. Foreign Trade Policy 2009-14 Dr. Tabrez Ahmad, 13
  14. 14.  Vishesh Krishi and Gram Udyog Yojana (VKGUY)  Focus Market Scheme (FMS)  Focus Product Scheme (FPS)  Market Linked Focus Product Scheme (MLFPS) Promotional Measures/ Incentive Schemes Dr. Tabrez Ahmad, 14
  15. 15.  To promote exports of : (i) Agricultural Produce and their value added products (ii) Minor Forest Produce and their value added variants (iii) Gram Udyog Products (iv) Forest Based Products and (v) Other Products, as notified from time to time.  VKGUY benefits are granted with an aim to compensate high transport costs, and to offset other disadvantages. Vishesh Krishi & Gram Udyog Yojana (VKGUY) Dr. Tabrez Ahmad, 15
  16. 16.  Objective is to offset high freight cost and other externalities to select international markets with a view to diversify the markets and to enhance India’s export competitiveness in these countries.  Currently 109 markets have been notified Focus Market Scheme Dr. Tabrez Ahmad, 16
  17. 17.  Objective is to incentivize export of such products which have high export intensity / employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.  Currently over 1000 Products covered under FPS. Example: Green Technology products Focus Product Scheme Dr. Tabrez Ahmad, 17
  18. 18.  To promote exports of products of high export intensity but which have a low penetration in countries  Currently over 1550 products covered under MLFPS. Market Linked Focus Product Scheme (MLFPS) Dr. Tabrez Ahmad, 18
  19. 19. Higher Support for Market and Product Diversification  26 new markets added under FMS (16 in Latin America, 10 in Asia-Oceania)  Incentive under FMS raised from 2.5% to 3%.  Incentive under FPS raised from 1.25% to 2%. Foreign Trade Policy – 2009-14 New Initiatives Dr. Tabrez Ahmad, 19
  20. 20. Higher Support for Market and Product Diversification (contd.)  New products under FPS :Engineering products, Plastic (value added products),Technical Textiles, Green Technology products , vegetables, textiles and certain Electronic items.  New products/markets under MLFPS : Pharmaceuticals, Synthetic textile fabrics, value added rubber products, value added plastic goods, textile made ups,, glass products, certain iron and steel products . Benefits to these products will be provided, if exports are made to 13 identified markets (Algeria, Egypt, Kenya, Nigeria, South Africa, Tanzania, Brazil, Mexico, Ukraine, Vietnam, Cambodia, Australia and New Zealand).  The above markets also included for existing products i.e. Auto Components, Motor cars, Bicycles & Parts, Apparels. Foreign Trade Policy – 2009-14 New Initiatives Dr. Tabrez Ahmad, 20
  21. 21. To Support Various Sectors Like  Gems & Jewelers Sector  Pharmaceutical Sector  Agriculture Sector  Leather Sector  Handloom sector Foreign Trade Policy – 2009-14 New Initiatives Dr. Tabrez Ahmad, 21
  22. 22. Ministry of commerce Autonomous bodies Public sector undertakings Advisory body Attached and subordinate Office ORGANISATIONAL SET UP Dr. Tabrez Ahmad, 22
  23. 23. • The Ministry of Commerce, Government of India, is the most important organ concerned with the promotion and regulation of the foreign trade of the country. • Matters related to foreign trade are dealt with by eight divisions in the Department of Commerce. • i) Administrative and General Division, (ii) Finance Division, (iii) Economic Division, (iv) Trade Policy Division, (v) Foreign Trade Territorial Division, (vi) Exports Products Division, (vii) Services Division, and (viii) Industries Division. Ministry Of Commerce Dr. Tabrez Ahmad, 23
  24. 24. • Export Inspection Council • Indian Institute of Foreign Trade • Indian Institute of Packaging • Export Promotion Councils, Commodity Boards and Authorities • Federation of Indian Export Organisation • Indian Council of Arbitration • India Trade Promotion Organisation Description Of Autonomous Bodies Dr. Tabrez Ahmad, 24
  25. 25. • The State Trading Corporation of India and its subsidiaries • The spices Trading Corporation • The Minerals and Metals Trading Corporation of India and its subsidiary Public Sector Undertakings Dr. Tabrez Ahmad, 25
  26. 26. Central Advisory Council on Trade: The Central Advisory Council on Trade, consisting of representatives from different organisations and individuals with business standing and expertise in the field of trade and commerce, and headed by Commerce minister. Advisory Body Dr. Tabrez Ahmad, 26
  27. 27. • Office of the Director General of Foreign Trade (DGFT) • Office of Development Commissioners • Director General of Commercial Intelligence and Statistics Attached And Subordinate Offices Dr. Tabrez Ahmad, 27
  28. 28. Conditions in the 21st Century National Security Today Risks and Dangers - Violence and War Search for a New World Order
  29. 29.  globalisation and interdependence increasing  information and communication systems create a new public consciousness & worldwide reactions  scarceness of natural resources lead to intense competition, increase importance of science & technology - education, research & adaption of  environmental concerns and impacts gain weight  global interaction and growing entanglement of cultures create change in societies and structures  instead of existential threats - instability & risks World in Changed Global Scenario
  30. 30. Worldwide Net of Communication & Info - worldwide availability of knowledge & info -new chances to influence world society Economy:world trade = “inland market” new mobility of capital, goods, services Society: the world as “global village” - migration + the importance of cultures and identities Security threatened by new dangers - increase of private violence - “new wars” - grey zone: security internal/ external - terrorism Political: reduced importance of the nation states - deficiencies of the world order - open insight into governance and markets Aspects of Globalisation
  31. 31.  Demographic development and migration  Management of information, communication and transport nets - access & protection  Economic boundlessness & entanglement  environmental risks: their global & local impact  Request & Availability of natural ressources ( raw materials, energy, water, etc. ) - Lack of consistent understanding & solutions - Lack of vision for necessary structures - role of the state - How to link markets and societies ? - How to secure this world against risks & dangers ? Globalisation Uncertainties
  32. 32.  economic globalization rated as chance to draw up in East - and South Asia, skepticism in many other areas: fear of cultural erosion and political tutelage  information, communication & transport are key areas for the dynamics of further globalisation  pressure towards more efficiency (good governance), democratic structures, observance of human rights  trends towards a one - world society & world market  New constellation of powers becomes apparent  Transnational cooperation and global governance - survival conditions for the future
  33. 33. Violent Controversies  Societies in change: weakness of values, norms, traditions-missing ties & orientation  Decline of traditional authorities - upcoming of new actors & elites  Failure of the European model of nation state in parts of theThird World  Increase of private and economically inspired violence enhanced by ideologies  Clandestine & open interventions
  34. 34. Peace Conflict hidden-open Crisis open violence War - organized violence Armistice deescalation New peaceful order Prevention Conflict- management Peace- enforcement Reform Conflict Scheme
  35. 35.  Operational: to prevent escalation  early warning  mediation: in-time; dialogue; solution  economic measures: sanctions+incentives  military measures: security+deterrence  Structural:work at causes  justice and rights between & in states  well-being: poverty, social justice, political participation etc  security: for states, groups & individuals Prevention
  36. 36.  Increasing probability of violent conflicts  appearance of wars is changing (span from high- tech-wars to archaic eruption of violence)  Basic nature of military forces will not change. Political instrumentation and the spectrum of engagements will vary and find new forms  Overlapping tasks between military, police, public, humanitarian and reconstruction services  Europe`s ability to influence the new world order dependant on capabilities for crisis management
  37. 37. Intervention - Nation Building Political Stability structures - institutions Overcoming Poverty functioning economy Military & Police Security Civil Infrastructure social coherence Nation Building - prohibit violence/disarm adversaries/control border crossing - Built - up of indigeneous state security forces - fight rebellion, group forces, - war on terror - protect minorities, fight criminal elements
  38. 38. Dr. Tabrez Ahmad Professor of Law Dr. Tabrez Ahmad 38
  39. 39. Agenda  The globalization and human rights nexus  Definitions and Implications  Case studies  The oil and beverage industries – who knew?  Where do we go from here?  Things we can do  Resources Dr. Tabrez Ahmad 39
  40. 40. Globalization and Human Rights Dr. Tabrez Ahmad 40
  41. 41. What is globalization? Ongoing process Across Time and Space Integration Economies Communication Ideas Trade Dr. Tabrez Ahmad 41
  42. 42. Examples of globalization Dr. Tabrez Ahmad 42
  43. 43. What are human rights? Guaranteed Universal Rights and Freedoms Universal Declaration of Human Rights Dr. Tabrez Ahmad 43
  44. 44. Examples of human rights - Freedom of assembly - Freedom of religion - Right to life - Freedom of expression - Right to equality before the law - Freedom from discrimination Clip Dr. Tabrez Ahmad 44
  45. 45. Globalization and human rights  Companies operate across borders and are gaining increasing influence and power  Corporate activity has not always benefited the society it operates in  There are few effective tools to prevent human rights abuses or hold companies accountable  People affected are left powerless and vulnerable  Natural environments are exploited, unprotected, and have devastating long-term implications Dr. Tabrez Ahmad 45
  46. 46. What’s happening in the world? Dr. Tabrez Ahmad 46
  47. 47. International Scenario Case #1 A large oil company begins operations in Nigeria. As people living in the oil- extraction region begin to voice their concerns with regards to environmental and worker abuses, the company finances the military who then conduct mass raids. The leader of the group calling for justice faces unfounded accusations and is eventually executed. Dr. Tabrez Ahmad 47
  48. 48. Wiwa v. Royal Dutch Shell ABC News ( 2009/06/09/2593497.htm) Shell began oil production in Nigeria in 1958 and worked with the government to quell opposition to its presence. Shell financed and assisted violent military raids against popular movements by the Ogoni people who raised concerns with respect to the widespread poverty, inequalities, human rights abuses, and environmental degradation occurring in the region. Wiwa, the founder and leader of the human rights group called Movement for the Survival of the Ogoni People, was falsely accused, arrested, detained, convicted, and executed by hanging in 1995. The case of Wiwa v. Royal Dutch Shell was brought by human rights groups and lawyers against Shell on grounds of human rights violations, crimes against humanity, and torture. In 2009, Shell agreed to a settlement of $15.5 million. What are the pros and cons of settlements? Dr. Tabrez Ahmad 48
  49. 49. Case #2 A large American beverage manufacturer has partner factories in Colombia. Both the beverage corporation and the partner companies face charges of directing paramilitary groups in the intimidation, kidnap, and murder of trade unionists. The court dismisses the case against the beverage corporation on the grounds that the events are geographically too far removed from the corporations headquarters. Dr. Tabrez Ahmad 49
  50. 50. Sinaltrainal v. Coca ColaIn 2001, Sinaltrainal, representing workers in Colombian facilities, brought an action alleging Coca Cola’s complicity in human rights abuses committed by Colombian paramilitaries against trade unionists. The claims outline various human rights abuses including the torture, kidnapping, unlawful detention, and murder of Sinaltrainal leaders and members. The case against Coca Cola was dismissed in 2003 when the Court ruled that the abuses were too far removed from Coca Cola’s headquarters in the US. Subsequently, the case against two of Coca Cola’s Colombian bottling companies were dismissed in 2006. The court held that the plaintiffs’ claims did not suffice to find war crimes under international law and failed to draw a close enough connection between the Colombian government and the three defendant companies. How do we draw the line between corporations’ “apathy” with regards to government action vs. corporations’ “support” of government action? Clip Dr. Tabrez Ahmad 50
  51. 51. Indian Scenario  Bengal- Haldia- Mitsubishi Chemical  Nandigram- Chemical Industry by Salem Group  Nano Car  Mumbai- Enron  Orissa- Vedanta, Posco  Bengal- Nano  BT Cotton By Monsanto  Narmada Bachao Andolan etc. Dr. Tabrez Ahmad, 51
  52. 52. Dr. Tabrez Ahmad 52
  53. 53. Things we can do  Learn about human rights issues: they are everywhere  What’s in the news?  Raise awareness  Talk to your family, friends, teachers…  Spark dialogue and discussion  Become a member of a human rights group  Advocate  Write to the government and speak to community leaders  Be conscious of everyday life  Notice where your clothing and food comes from  Think about how it got to you  Question how it was made, who was involved, and the impact it may have no other human beings and natural environments around the world Dr. Tabrez Ahmad 53
  54. 54. Land Reforms  New Land Acquisition Act Dr. Tabrez Ahmad, 54
  55. 55.  World in change leads to new basic and structural challenges, vulnerabilities, risks and dangers  Growing interdependence of states, societies and economies - increase of non-state violence  Existing system of political, economic, social & environmental world order inadequate to cope with the problems - solutions by transnational cooperation  Security to achieve by a combination of political, economic, social and military measures  New rules for intervention necessary Conclusion
  56. 56. 56 Dr. Tabrez Ahmad
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  58. 58. 58 Dr. Tabrez Ahmad