Respect for international law must

Context: The recent conclusion of the Italian Marines’ case in the Permanent Court of Arbitration (PCA) is detrimental to India’s bilateral relations and its sovereignty. 

India’s loss in the Arbitration

• Rejected Indian Contentions: The PCA concluded that Italy has not violated India’s sovereign rights under Article 56 (Exclusive Economic Zones) of the UN Convention on Law of the Seas (UNCLOS).

• No proper compensation awarded: It refrained from fixing the quantum of awards and left it to the parties to consult with each other with a view to reaching the agreement.

• The breach by the marines has been termed as an “injury to India’s non-material interests.”

• Jeopardized bilateral relations: The recent judgement relates to breach of faith as regards to the Supreme Court of India by Italy (by not returning the marines as promised)

• Abuse of diplomatic immunity and the refusal of a country to allow the trial of her citizens in other jurisdictions are a disregard for bilateral relations. 

India’s gain in the Arbitration:

• Unanimous admissibility of counter-claims: Italy has been held responsible for a breach of the obligation for freedom of the high seas and the right of navigation of the UNCLOS.

Need for taking international laws seriously: India lacked effective presentation of its case before the Arbitration Tribunal. 

• Following issues necessitates the involvement of international laws in decision making:

• Extradition of fugitives (many residing in London).
• Getting Indian nationals released from conviction on concocted charges in other countries (such as Kulbhushan Jadhav).
• Making a legal basis for surgical strikes to counter cross-border terror ‘pin-pricks’.
• Preserving the sanctity of the colonial-era boundary treaties (such as Treaty of Calcutta 1890, Treaty of Sugauli 1816 and Simla Convention of 1914 prescribing the McMahon Line)

Way Forward: It is vital for the government machinery as well the university system to take international law seriously as India readies itself to occupy a place at the horse-shoe table of the UN Security Council.