Urgent Need For A National Policy On Bilateral & Multilateral Agreements

By Sarath Wijesinghe –February 29, 2016

Sarath Wijesinghe

Agreements entered into with States, International Organizations including UN subsidiary bodies (such as WTO IMF), and multinational companies (such as Google) are binding and tested by the World Court or by way of arbitrations or goodwill of the parties as there is no Executive body for the United Nations for the implementation of agreements by member states other than indirect methods such as Sanctions. Being a small Nation depending on Major powers and world and economic powers, Sri Lanka will have to be extremely cautious in this dangerous maize with traps and bombs laid down under the floor of the international arena. Equal parties will settle disputes by flexing muscles, but the small Nations will be subjected to the law of the jungle- survival of the fittest! States consist of human beings. Human beings are full of selfishness and jealousy. Every nation will promote and protest themselves at the expense of the other!

Nicaraguan Government in 1986 filed a case in the International Court of Justice which ruled against USA in breach of customary international law. USA refused to participate and blocked enforcement forcing Nicaragua to withdraw the complaint in 1992.This is a classic example on complications in the implementation and enforceability of agreements between unequal parties under international law. India is a regional power closely aligned with USA expecting to look after their interests in the Indian Ocean against China and other competitors/regional/world powers. Now that we are forced to enter into the skeleton of the proposed unseen draft called ECTA the danger deepens on Sri Lanka being a weaker less knowledgeable and less organized party of the agreement. Indians are veterans in International Affairs, UN and the system of the world court jurisdiction having got involved in litigation. Honestly we are not- It is the reality! If we are knowledgeable this is the time to seek the jurisdiction of the World Court for raping, poaching and destroying our most valuable sea bed day in and out possibly, leaving us a valueless dead sea in few years. Sri Lankan Government looks the other way, out of fear respect or unconcerned despite frequent visits of Indian politicians of all levels and diplomatic statements on all the areas other than the main threat to Sri Lanka – dispute on encroachment and illegal and forceful perching an invading our sea-. There is a clear and a strong case against India on this continuous and forcible destruction of our valuable historical natural resources of great scientific and business significance and value. With 1987 India Sri Lanka Accord which is still in force, and the political involvements on the success of the current government to come into power, whether we have a will and competency is a matter only unseen powers and proctors of our nation can help the citizen entrusted the Nation to the current trustees expected to rule the country on trust, because world is not going to help us against mighty and powerful India. There is lot of unfinished contentious issues with India including CEPA, SAFTA, 1987 Indu Sri Lanka Accord and the international law implementations, to be discussed and sorted out before entering into ECTA which few privileged have seen or read. According to an interview by the President Sirisena with the GMOA President Even President of Sri Lanka has not seen the drift scheduled to be signed in mid-year despite any protests or resistance from any corner. It is reported Indian delegation is due with the Indian proposals. We have a long history of hurriedly signed and ill drafted international Agreements from 1815 onwards including the Indu Sri Lanka Accord that has introduced provincial councils the white elephants eating into a major share of the national income and the income of the sweat of the Sri Lankans employed abroad. India invaded Goa then a part of Portugal after afraid and ground offensive and capture the area forcefully. There was a protest by the UN and the member states the mighty India managed it suing their skills and enormity. When India forced Army to Sri Lanka she managed the international arena well suing their craft and experiences. In the event there is a situation on ECTA it will possible be another fishing issue.Read More