Reciprocity to international obligations and mutual settlement of disputes
It gives me immense pleasure to associate my-self with the International conference on International Harmony and Social order organized by City Montessori School at Lucknow and I sincerely thank Mr.Jagdish Gandhi, the most energetic founder of the prestigious Educational Institution popularly known as CMS. The persons who have assembled here for active participation in the deliberation are eminent jurists with national and International repute and I offer my respectful homage to each one of you. The topic for discussion is "Reciprocity to International obligations and Mutual Settlement of disputes’.

The human race is at the moment in the grip of social, economic, political and legal crisis which, unless carefully contained may result in chaos or even anarchy. It is in the fitness of things that jurists of various countries have given their anxious thought on the scope, ambit and significance of Article 51 of the Constitution of India in the light of rapidly changing national and international political and commercial activities, growth of population and social attitudes, the sharing of experience, use of computer technology and other resources. Piercing the corporate veil we find that in the final analysis human beings are the subjects of all International law.

Part IV of the Constitution of India contains the Directive Principles of State Policy. Article 51 happens to be in this part IV. Article 37 stipulates that the provisions contained in part IV shall not be enforceable by any court but the principles laid down therein are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. However, Article 51 has far reaching importance and plays vital role in shaping the material well-being of not merely the individual but the community at large.

The term ‘ International law’ has wide connotation and like national or municipal law it has been acquiring new shape and connotation with the passage of time. Formerly, the general principles of international law related merely to international obligations. After the Second World War, people became more anxious to save humanity from extinction. That led to the formation of the United Nations, one of the objects of which is to achieve ‘International cooperation in solving international problems of economic, social, cultural or humanitarian character’ This led to the adoption of Economic charter for promoting economic advancement and social progress of all people. Article 51 of the Constitution of India in conformity with the universal development rightly requires the State to endeavour to foster respect for international law and encourage settlement of international disputes by arbitration.

Attempts are therefore, consistently made to infuse new thoughts to resolve disputes, which if remained unattended may result in catastrophe of great magnitude. In the comity of nations mutual respect for each other is the basic requirement. Hatred blocks the road to progress and happiness. On the contrary love makes the life worth living. Vindictive attitude and behavior ultimately bring destruction of social justice and individual liberty and distort economic and political decisions. The moot question is how long should we go on mortgaging our future, and our children’s future for temporary convenience of the present ? Do we thereby not guarantee tremendous social, cultural, political and economic upheavals ? We must act today in order to preserve tomorrow.

Peace in the long run depends upon appreciating mutual obligation and settlement of disputes by resorting to meaningful negotiation or ultimately by arbitration. Reference may in this connection be made to the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States vide Resolution No.2625 Dt.4 Nov. 1970 which interalia provides that ‘States shall conduct their International relations in the economic social, cultural, technical and trade fields in accordance with the principles of sovereign equality and non-intervention’ and that ‘States should cooperate in the economic, social and cultural fields as well as in the filed of science and technology and for promotion of international cultural and educational progress. This was followed by the charter of Economic Rights and Duties of the States. Proceeding further in this direction the United Nations Commission on International Trade Law adopted in the year 1985 Model Law on International Commercial Arbitration. Similarly for resolving International Public Disputes a forum called International Court of Justice at The Hague has been established. Every effort must be made to make these bodies effective in resolving disputes of international character and import.

Human rights may be broadly put in two categories: (i) Civil and Political Rights (ii) Economic and Social rights. For the concept of Human rights to assume its real and full meaning it is necessary that close interdependence must exist between these two broad categories of rights. Human Rights are indeed the keystone of the dignity of man and any breach thereof is questionable before the appropriate forum.

The following verse in ‘Mahabharat’ condenses the idea of Human Rights

Sarve Bhavantu Sukhina
Sarve Santu Niramayah
Sarve Bhadrani Pasyantu
Ma Kascid Dukhbhagbhavet

Its English rendering is:

"Let all human beings be happy; Let all of them be hale and hearty; Let everybody prosper; Let no one be miserable".

This idea pervades in its infinite glory in the Constitution of India.

The problem before us is not what the human rights and fundamental freedoms are. The problem is as to how to enforce them when they are infringed and violated. The Human Rights were and still are essentially a relationship between the State and the individuals: hence they fall within the purview of the domestic jurisdiction. However, by the passage of time it has come to be recognized that nationals and foreigners alike are entitled to the minimum standard of treatment. The matter has progressed even further and due to rapid development in the fields of science and technology, transport and media of communication, the rule is now sought to be stated as one giving foreigners the same rights and the same guarantees as nationals, but these rights and guarantees shall in no case be less than the human rights and fundamental freedoms recognized and defined in contemporary agreements, vide Sixth Report of International Responsibility.’ Significantly, the implementation is more difficult than the laying down of the objectives in as much as each country has its own political and social philosophy which has an ultimate bearing on the implementation of the covenants on Civil and Political Rights and on economic, social and cultural rights. There are certain countries, which are not yet prepared to guarantee the immediate implementation of civil, political, economic and social rights. Even some highly developed countries still hesitate to guarantee the right to work. There is, however, a great awakening in the world today towards these rights and for their implementation. We must not forget that when human rights are denied at home whatever the reason, they tend to become a mere idealogy abroad and so long as discrimination is tolerated by the system of law of a particular country on account of colour, race, religion or sex, the complaint regarding the violation of human rights and fundamental freedoms shall be merely empty and hypocritical.

Let not justice be destroyed by inequity and truth by false evidence. Justice being destroyed will destroy, being preserved will preserve. Let there be settlement of disputes by negotiation and arbitration and not by war. Article 51 of the Constitution of India is a clear pointer in this behalf.

I have every hope for the success of this conference.

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