Constitution is the supreme law of the land from which all public authorities derive their power. It sets out the frame work for governance and exercise of power of the state institutions and relationship between them. At the time of independence an interim constitution was adopted by the Constituent Assembly which was modified version of India Act 1935.The Objective resolution which contained guide lines for framing the constitution was approved by the Constitution Assembly on 12 March 1948.
Emphasis was on principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam. Prime Minister (PM),Liaquat Ali Khan headed the first Basic Principle Committee (BPC) formed the same day for framing the constitution. The committee submitted first report on 28 Sep 1950which was not approved mainly because it gave equal representation to both wings although East wing had more population than West and Urdu as the state language. Second draft was presented on22 Dec 1952 by PM, Khawaja Nazim ud Din (Liaquat Ali Khan had been assassinated on 15 Oct 1951). It proposed bicameral legislation, lower and upper houses to have equal representation (upper house 60 each and lower 200 each). This also came under criticism, because of equal seats of two wings, and Urdu as state language. Third draft was presented on 5 OCT 1953, by PM, Muhammad Ali Bogra, which is also known as Bogra formula. It compromised on disparity and proposed bicameral legislation. It proposed lower house on the basis of population total 300 seats (East Bengal165, remaining4 units of West Pak 135).Upper house of 52 seats, 10 each to 5 constituent units and 2 reserved for women. In the meantime a political development took place, provincial elections were held in East wing in March 1954. Muslim League secured only 10 seats (badly defeated).
The assembly passed a bill in Sep 1954 which made Governor General (GG) to act on the advice of the PM. It was also made mandatory for GG to appoint PM a member of assembly who enjoys the confidence of majority.GG, Ghulam Muhammad dissolved the assembly on 24 Oct 1954.The Supreme Court headed by Justice Muhammad Munir upheld the decision under the law of necessity. However Justice Cornelius wrote note of dissent. New Elections were held on 21 June 1955, to elect 40 members each from both wings.PM, Chaudhry Muhammad Ali, took the task of constitution making. It was passed on 29 Feb 1956 to be effective from 23 March 1956.It was mainly based on government of India Act 1935, parliamentary form of government. The state was declared as Islamic Republic of Pakistan. It was unicameral legislation to be elected on the basis of parity between the two provinces. Just after about two years, President Iskander Mirza dissolved the assemblies, abrogated constitution and appointed Gen Ayub Khan C in C Army as Chief Martial Administrator (CMLA) on 7 Oct 1958.
Main reasons announced, were enhancement of corruption in society and constitution unworkable. On 17 Oct 1958 President Iskander Mirza resigned in favor of Gen Ayub Khan, later became President and CMLA. The Supreme Court headed by Justice Muhammad Munir again legitimized the Martial Law under the law of necessity and Justice Cornelius wrote the note of dissent as he did not agree that coup could be legally justified. Gen Ayub Khan appointed Commission in Feb 60 to frame constitution which was promulgated on 8 June 1962. It had Presidential form of government, federation to have two units, East and West Pakistan. There were 40,000 Basic Democracy (BD)members to be elected from each wing. BD members were Electoral College for the elections of president, members of national and provincial assemblies. Most powers with center. It was a unitary form of government. This constitution did not last very long, because the President became autocratic and less provincial autonomy.
The agitation started against the President Ayub Khan in late1968. He handed over powers to C-in C Army, Gen Agha Muhammad Yahyakhan who proclaimed Martial Law on 25 March 1969. As per constitution the Speaker of national assembly should have been handed over powers. This Martial Law was declared usurper by the Supreme Court. Justice, Hamood ur Rehman had written in Asma Jilani case (PLD 1972 SC 139) that Gen Yahya Khan had no authority to abrogate constitution of 1962 and impose Martial law. This was the first time that abrogating the constitution was declared unlawful. However, no action was taken against any one. After the fall of Dhaka on 16 Dec 1971, East Pakistan became Bangladesh. Zulfikar Ali Bhutto became President and CMLA on 20 Dec 71 and continued till15 April 1972 when the National Assembly adopted India Act of 1935 with amendments as an interim constitution. A committee of 25 members was formed to frame constitution and finally the National Assembly adopted constitution (commonly known as constitution of 73) with consensus on 11 April 1973.
Main features are, parliamentary form of government, president head of state and PM head of govt. It has bicameral legislation, lower house to have seats as per population and upper house equal seats of the 4 federating units. According to this constitution, the federal government shall have control and command of the Armed Forces and supreme command of Armed Forces shall vest in the President. The President shall on the advice of the PM appoint, Chairman Joint Chiefs of Staff Committee (CJSC), and services chiefs. The Armed forces shall, under the directions of the Federal Government defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. This constitution was also abrogated/ held in abeyance twice once on 5 July 1977 by Gen Zia ul Haq and on 12 October 1999 by Gen Musharraf. In both cases the decisions of Army chiefs were not only legalized by the Supreme Court, but also the Military Rulers were authorized to amend the constitution.
Gen Zia amended the constitution, besides other clauses included 58- 2b which gave discretionary powers to the President to sack the government and dissolve the assemblies. It is pertinent to mention that in parliamentary form of government president is head of state and has only his secretariat and no cabinet to advice. Applying this clause Gen Zia dismissed the government of PM, Muhammad Khan Junejo (23 Mar 85- 29 May 88). Using same clause President Ghulam Ishaque khanin the first tenure of Benazir Bhutto (2 Dec 88- 5 Aug 90)and later President Farooq Leghari in her second tenure (19 Oct 93-4 Nov 96) terminated her governments. President GhulamIshaque Khan sacked the first government of PM, Nawaz Sharif (6 Nov 90-17 Jul 93) and his second government (17 Feb 97-11 Oct 99) ended by coup of Gen Musharraf. The country had remained politically unstable as long as clause 58-2b was part of constitution. It was finally removed through 18th amendment on8 April 2010. The 71years history of Pakistan is full of constitutional turmoils.
The country has been governed by 4 constitutions (twice India Act 1935, 1956 &1962), 4 times military ruleand3 times elected governments were dismissed under clause 58-2b and now1973 is in vogue. It is pertinent to mention that India got independence with Pakistan in 1947,had adopted constitution on 19 November 1949 to come into force on 26 January 1950. It has never been abrogated or held in abeyance. We have made a lot of experiments to frame constitution and to run the government. Infect country has been mostly governed by hit and trials. Need of the hour is a politically stable government, with strong and independent pillars of the state, judiciary, legislation, and administration. All institutions of the country are required to be strengthened to work strictly in accordance with the constitution, rules, regulations and the oath taken by various authorities.
From Gujral doctrine to Modi doctrine
Authors: Punsara Amarasinghe and Eshan Jayawardene*
The predictions made by larger number of academics based in Delhi, Mumbai and Calcutta about Indian General elections vouching that Narendra Modi would not get his second term as prime minister were shattered in reality as Modi could uphold his strong position better than the previous time resulting a steeping success of his Bharatiya Janatha Party which won 302 seats in Indian Lok Saba. The election result has palpably shown a shocking decline of India’s largest political party National Congress led by Rahul Gandhi as Congress could solely win only 52 seats in the legislature. The gob smacking results of the election seems to have given a clear picture of voters pulsation as the ground reality in the sub-continent albeit many pundits made pro congress predictions while accusing Modi’s poor economic policy and demonetization as two major factors behind the economic crisis India has been facing now.
However, the Himalayan image Indian premier has built up on himself among countries majority Hindu population has been mainly attributed to his stanch belief in Hindu ideology and his image seems to have depicted as a Hindu messiah who has come to regain the deserving place for nationalist forces. It is an important question to focus whether such ideological attitudes possessed by Modi and his Bharatiya Janatha Party would make impacts upon carving India’s foreign policy for next five years. Before reaching the position of Indian premier’s approach towards foreign affairs, particularly regarding South Asia, it becomes an interesting factor to trace how Indian foreign policy on South Asian states were shaped under Gujral Doctrine which happened to be a milestone in Indian foreign policy when it was rendered by minister of external affairs in Dev Gowda’s government in 1996. Basic mantra of Gujral doctrine affirmed India being the larger power in South Asia should not ask for reciprocity, but gives all that it could in good faith to the neighboring countries like Sri Lanka, Bhutan, Nepal, Maldives and Bangladesh. Notably Pakistan was excluded from this benefited category and it further elucidated that no country would allow to be used against the interest of another country in the region. One of another pivotal principle of Gujral doctrine was the noninterference of the internal affairs of the neighboring countries and resolving disputes through amicable bilateral negotiations.
This doctrine has been regarded as a strategy initiated by Mr. Gujral in reducing the influence of both Pakistan and China in a hostile manner while upholding a stable peace with other neighbors. In fact, this doctrine has played an indispensible role as a major principle for many prime ministers since 1996 though none of them had officially admitted the influence of Gujral doctrine over their foreign policy mechanism. Yet the changing winds of Indian foreign policy seems to be evident after the astonishing victory of Narendra Modi and it would be an interesting task to assess how would Gujral doctrine prevail before the galactic persona of Modi as a leader who seeks much dominating authority in his foreign relations in South Asia. Since Modi became premier in India, its foreign policy was heavily affected by his personal aura and besides his troublesome past of his alleged involvement in the communal violence of Gujarat in 2002 during his tenure as its chief minister, many countries have received him with awe and Russia honored Modi by awarding him the highest state decoration called “Order of Saint Andrew the Apostle “in 2019.
In understanding his foreign policy for his second term, it becomes salient that his famous slogan “neighborhood first” is likely to continue, at least nominally. But the truth in reality is Narendra Modi’s sole personal image driven by his Hindutva ideology would make some lasting impacts in foreign relations with India’s immediate neighbors and beyond it. The next notable factor appears to be stunning in Modi’s foreign policy is that contrary to India’s fervent position of defending secularism, the space for religious diplomacy has rapidly increased for past few years in India’s foreign policy. In the contest between China and India as rivals for decades, it is a question beyond doubt that Chinese political, militarily and economic powers are far ahead of India, yet in terms of soft power mechanism India has successfully forged ahead and Modi’s approach to his foreign relations too has taken a special interest in portraying India’s spiritual legacy to the world extensively as propaganda tool. For example during most of his foreign tours as premier, Modi paid frequent visits to major Hindu, Buddhist and Sikh sacred sites, also his active role in introducing June 21st as International Yoga Day shows his effort in propagating India’s ancient practice of meditation yoga as a soft power tool beyond the sub-continent. The utmost veneration towards Indic religions such as Buddhism, Hinduism, Jainism and Sikhismas an important feature in foreign policy had not been a principle practiced by previous Indian prime ministers since Nehru who was a doyen of secularism. On the other hand the notion of Hindutva stemming from Modi’s political party BJP and his personal ideology may confront with carving the foreign policy of India generally. The notion that Hindutva involves an obsession with national power needs to be placed in its historical context. V. D. Savarkar, M. S. Golwalkar, H. V. Sheshadri, and other stalwarts who developed its ideational foundations believed that the golden age of ancient Hindu civilization had been lost owing to material and moral weakness, which had brought it under the prolonged subjugation of Muslim and Christian/ British power. The great iconic personality he has been creating abroad as leader coming from a greater civilization and his ardor of using Hindi as the language of communication in his foreign state visits even though he is well versed in Hindi are the most notable examples showing the way of his foreign policy driven by Hidututva ideology.
Modi’s beginning of his first term was quite optimistic in terms of his attitude to India’s immediate neighbors in South Asia and this was visible as all South Asian leaders were invited to his inaugural ceremony in Delhi in 2014,but throughout his first term it was evident that Modi could not keep his grip over India’s neighbours like Sri Lanka, Nepal, Maldives and Bangladesh where Chinese influence have appeared to be a predominant factor. For instance New Delhi was alleged to have some involvement in toppling former president Mahinda Rajapakse from power yet his successor Maithripala Sirisena and government of Sri Lankan premier Ranil Wickramasinghe have not been able to completely get rid of Chinese presence in Sri Lanka despite both personalities are known for their pro Indian policies. Modi” s last few months may have brought him a sudden success from the jingoistic voters from Hindu mainstream in India as last February India’s jet fighters crossed into Pakistan territory and engaged in aerial combat in first time in nearly 50 years. In India’s history since independence several prime ministers had confronted Pakistan militarily, yet the propaganda used by Modi convinced the people only he is able to keep India secure from Pakistan.
Cardinal approach likely to be adopted during Modi’s second term on Indian foreign policy has much idealistic feature to uphold Indian hegemony in South Asia and moreover Modi’s foreign policy would pay a much attention in using soft power as a greater strategy in India’s path to global governance. Rise of Xi Jinping as China’s powerful assertive president and his astute actions on expanding Belt and Road initiative across South Asia seems to have created a sneaking agitation in India for past few years. In such a situation Modi’s foreign policy for next four years five years would be decisive in terms of uplifting India’s image a key player.
*Eshan Jawardane is a Sri Lankan researcher currently lives in New Zealand. He holds BA in Sociology from Delhi University and completed MA in International Relations at Jawaharlal Nehru University in New Delhi. He served as a guest lecturer at Sri Lanka Open University for a short period. Eshan can be reached at eshan.jayawardane[at]gmail.com
Pakistan-U.S. relations: Optimistic on convergence of Interests
Donald Trump, the President of the United States of America (USA) and Imran Khan Niazi, the Prime Minister of Pakistan, share few things in common. Like, both are hardliners and can take an unpopular decision. President Trump announced during his election campaign his support for shifting of Israel’s capital from Tel Aviv to Jerusalem, and he did after wing the election. Although there was huge opposition worldwide. During a General Assembly voting, 128 countries voted against and only 6 countries voted in favor of shifting the capital. There was also huge opposition inside the USA and public opinion was against it. Prime Minister Imran Khan announced to fight against corruption during his election comparing and after winning the election he put few top political leaders behind the bar, in spite of severe resistance from all political parties. Both leaders, President Trump, and PM Imran Khan did, what so ever has promised. President Trump has given the statement “America First” on several occasions, and Imran Khan also gives the highest priority to national interests. Both leaders are nationalists, patriotic, sincere and loyal with their own country and own people.
Both countries are passing through the toughest time in history. Maybe the nature of challenges are different but passing through difficult times. Pakistan is facing the worst economic crisis, terrorism, and extremist are the big challenges for Pakistan, while, the USA is facing big challenges like Sino-US Trade War, South China Sea, Contain China, North Korea, Counter Russia, Iran, Middle-east, economy, domestic issue and etc.
Both countries have a history of friendship and cooperation spread over 7 decades, Pakistan was a close partner of the USA during the Cold War Era, Front Line State during the USSR occupation of Afghanistan, Front line state during War on Terror. Pakistan was non-NATO closest Ally. Ups and Downs are part of life, even among family members, differences occurred, but nothing is out of the scope of the solution. Every difference can be overcome – “If there is a will, there is always a way”
After passing 18 years on the war in Afghanistan, spending tax money of common people of USA, using all possible lethal weapons, advanced tactics, and techniques, the USA leadership reach a conclusion to pull-out troops from Afghanistan. The peace process has been initiated, negotiation with the Taliban has been initiated. Pakistan will be the first country desiring peace in Afghanistan. Pakistan has suffered heavy losses due to instability in Afghanistan. We have sacrificed 70,000 precious human lives, billions of dollars lost on economic from, extremism, terrorism, drugs, gun-culture, etc were the by-product of the Afghan war. Peace and stability in Afghanistan is the convergence of interests in both countries. Pakistan has been instrumental to bring Taliban on the talking table and can play a further role. Afghanistan is a land lock country, bordering with Iran and Central Asian states, where the USA does not enjoy many friendly relations. There is only one option, Pakistan, who can facilitate the USA in logistics and in case of troop’s withdrawal, can guarantee a safe and honorable exit.
The USA has tried to replace India instead of Pakistan to play a role in Afghanistan. But soon realized that India is only milking the USA but not meeting the requisite expectation. In fact, India is far away from Afghanistan and having no land contact with Afghanistan, neither any historical, cultural or religious contacts with Afghanistan. While Pakistan not only shares mountains and rivers but culture, language, ethnicity, language, etc. with Afghanistan. There is no substitute to Pakistan on the Afghan issue.
It is well understood by political and military leadership in the USA that they might not be able to achieve their strategic goals without gaining support from Pakistan. Maybe Pakistan is a small country, poor economically, but one of the most resilient nation, strategically located on the entrance of straight of Harm ooze, bridging Eurasia, Africa, Middle East and can be termed as “Fulcrum” or “Pivot”
It is time for the think tanks and intellectuals of both countries to explore the convergence of interests and formulate a way forward. The aim is to promote “Peace, Stability, and Prosperity” not only in this region but globally.
Pakistan is willing to help the USA and needs help from the USA in overcoming the economic crisis, in IMF, World Bank, Paris Club, ADB, FATF, UN, Security Council, etc. The USA may open its markets for Pakistani products, encourage its investors to avail of attractive investment policies introduced by Pakistan. The USA may respect Pakistan’s strategic interests with China, Russia, OIC and SCO, SARC, etc.
Prime Minister Imran Khan is scheduled to travel to the USA on the 20th of this month (July 2019) on an official trip of 5 days. He will meet President Trump and senior officials of US administrations. PM Imran Khan will be accompanied by a high-level delegation of Pakistani officials. Agenda may include identification of common grounds and avenues of cooperation. The way forward is to revive “Tradition Friendship”. We both nations have worked together and achieved and enjoyed many success stories in Pakistan, and willing to work in close liaison with each other and contribute for region and globally in respect of “Peace, Stability and Prosperity”
Towards an alternative vision for the Indo-Pacific
Authors: Tridivesh Singh Maini & Mahitha Lingala*
The vision for a Free and Open Indo-Pacific initiative has been perceived as Washington’s strategy to counter China’s Belt and Road Initiative and it’s growing influence in Asia.
While the initial steps were taken by the Obama Administration in 2015 during Obama’s visit to India by releasing a Joint Strategic Vision statement for the Indo-Pacific and Indian Ocean region and putting efforts into canvassing for India to act as a partner to support Washington’s ‘pivot to Asia’ strategy,the Trump Administration has given a further push to the concept of the FOIP (Free and open indo Pacific). During his 12 day Asia trip in November2017, Trump used the term Free and Open Indo-Pacific on more than one occasion – much to the discomfort of Beijing.
While delivering his second major address of the trip, he mentioned USA’s vision of a free and open Indo-Pacific region at the APEC(Asia Pacific Economic Cooperation) CEO Summit in Da Nang (Vietnam). Upon his return from the trip, Trump stated that the Free and Open Indo-Pacific was one of his key foreign policy objectives.
The revival of the Quad, consisting of US, India, Australia and Japan, has given a further fillip to the FOIP strategy. This initiative was revived in 2017 after a decade. Their most recent meeting in fact was held on June 1, 2019 at Bangkok. During the meeting, officials from the four countries these met and held consultations on a number of issues and reaffirmed their shared commitment to preserving and promoting the rules-based order in the Indo-Pacific.
Some steps have been taken, by the US, towards enhancing connectivity in the Indo-Pacific region.
The Trump Administration passed the BUILD (Better Utilisation of Investment Leading to Development) act in October 2018, through which a new development agency, the USIDFC was created. According to the BUILD act, the USIDFC seeks to combine ‘… the capabilities of OPIC and USAID’s Development Credit Authority, while introducing new and innovative financial products to better bring private capital to the developing world’
Earlier in August 2018, in an address to the Indo-Pacific Business Forum at the US Chamber of Commerce, Washington DC,US Secretary of State Mike Pompeo committed 113 Million USD for investments in technology, energy and infrastructure. Pompeo dubbed this as a ‘down payment’ towards a new era in the Indo-Pacific.
Joint efforts of stakeholders in the Free and Open Indo-Pacific Narrative
Efforts have also been made to work jointly for promoting connectivity in the Indo-Pacific.
In the APEC Summit in November 2018, Australia, Japan, and US signed an MOU for jointly developing infrastructure in the Indo-Pacific. The MOU was signed between Australia’s Department of Foreign Affairs and Trade (DFAT) and its Export Finance and Insurance Corporation (Efic), the Japan Bank for International Cooperation (JBIC), and the U.S. Overseas Private Investment Corporation (OPIC).
The Joint Statement issued by all three countries stated, that the trilateral partnership would lend support to ‘..infrastructure projects that adhere to international standards and principles for development, including openness, transparency, and fiscal sustainability’. The three countries have identified a Liquefied Natural Gas (LNG) project in Papua New Guinea to which three agencies – JBIC, OPIC and EFIC – will jointly provide assistance to the tune of 1 Billion.
During the recent trilateral meeting between Japan, India and the US (dubbed as JAI), on the sidelines of the G20, connectivity initiatives were discussed. In a tweet, the Indian Prime Minister stated, that in the discussions on the Indo-Pacific region, connectivity and infrastructural development were high on the agenda.
Towards an alternative vision for the Indo-Pacific
While the narrative of the Indo-Pacific has been dominated by the US, Indonesia and India have sought to put forward a vision which is similar, but not identical to that of the US (Japan and other stakeholders seem to be comfortable with this vision).
Indonesia’s vision of the Indo-Pacific seeks to give an integral role to ASEAN in the FOIP, and is not merely focused on the China factor. During the last meeting of Quad, in June 2019 at Bangkok, member countries batted for ASEAN playing a larger role in the Indo-Pacific given its economic and geo-political relevance.
“….by no means do we consider it as directed against any country. A geographical definition, as such, cannot be. India’s vision for the Indo-Pacific region is, therefore, a positive one,”
This was a month after the Indian Prime Minister had met with President Xi Jinping, with an eye on bringing relations back on track after the Doklam stand off (which had taken place in 2017).
Indonesia organised a high level dialogue on Indo-Pacific Cooperation in March 2019 in Djkarta where delegates from 18 East Asia Summit (EAS) countries were present. Indonesia while referring to the need for a rules based order, also spoke about the need for peace and prosperity and to avoid ‘…potential rivalry and competition in the region’
It would be pertinent to point out that during Indian PM, Narendra Modi’s May 2018 visit both sides had agreed upon a“Shared Vision of Maritime Cooperation in the Indo Pacific” . One of the important steps in this direction, is India’s decision to develop the Sabang Port in (Aceh Province) close to the Andaman and Nicobar Islands. The port will give India access to markets of ASEAN countries on the one hand and in strategic terms, it is India’s answer to China’s increasing presence in the Straits of Malacca.
ASEAN Summit – June 2019
At the recent ASEAN Summit, the grouping put forward its Indo-Pacific outlook. This was interesting. While on the one hand, it talks about firmly standing for a rules based order on the other, it also speaks against rivalries and a ‘zero sum game’ (alluding to US-China rivalry).
This vision interestingly, was welcomed by the US and other countries.
It is not just Indonesia, but even certain South Asian countries which are vary of the US narrative. At the Dalian Forum or the Summer Davos, Bangladesh Prime Minister Sheikh Hasina made it clear, that the Indo-Pacific narrative should not be targeted at anyone and not just focused on security issues.
While it is true, that the Indo-Pacific narrative can not be wished away, as China has sought to do in the past (a senior official dubbed it as a bubble). It is also true, that the vision has to define itself in terms of what it stands for, and can not be merely targeted at China. The vision for the Indo-Pacific needs to be in sync with the geo-political and economic realities of Asia.
An unpredictable Trump has resulted in a change in geo-political dynamics. In the last two years, both Japan and India have sought to mend ties with China. As a result, it has been argued that India has been more cautious vis-à-vis the Quad Grouping as well as the overall narrative of the FOIP.
Second, smaller countries not just in ASEAN, but South Asia, which are important stakeholders in the Indo-Pacific, do not want to get entangled in the US-China rivalry. A perfect instance is Bangladesh. There are off course many countries which have expressed their concern with regard to the overall economic implications of the Belt and Road Initiative, but want to avoid any open confrontation with Beijing.
Perhaps it is time for an Indo-Pacific strategy, which emanates from Asia, and does not have to blindly toe Washington’s line. Also, if the alternative vision needs to be successful, it needs to have a clear and pragmatic vision for connectivity and economic linkages. In this context, the Trump Administration’s emphasis of giving a larger role to the private sector is important. Governments and donor agencies can not match Chinese investments in connectivity projects and infrastructure, it is time that the private sector emerges as an important stakeholder in the Indo-Pacific strategy. The Indo-Pacific strategy needs to be innovative and should avoid being reactive or knee jerk.
*Mahitha Lingala is a student at the OP Jindal Global University, Sonipat, India
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