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The Idea of Global Governance

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“Global governance” has increasingly become common sense within the political-economic sphere in the context of preaching for accountability and transparency. There is,however, a grey space that claims questions of what the end goal of such coherence is called for and who it seeks to serve. This paper shall descriptively delve into the need for Global Governance in today’s world while enumerating its corresponding challenges and criticisms.      

“International solidarity is not an act of charity, it is an act of unity between allies fighting on different terrains towards the same objective. The foremost of these objectives is to aid the development of humanity to the highest level possible.” – Samora Machel

The international arena in the 21st century requires a catalyst to unify the world beyond borders and to build global institutions that can combat disparagement of the idea of globalisation. The resolution to this conundrum is the dilation and legitimisation of global governance. Global Governance is essentially a framework that proposes global relationship and a knit playing field integrating all spheres of a society including social, economic, political, cultural, and environmental sectors to revolve issues with a collective consciousness[1] as liberalists would preach.

This is however unachievable without all actors in the system including, states, political figures and leaders, quasi state actors, corporate sector and institutions, NGO’s, MNC’s and the financial system collaborate to form a coherent structure that can vastly influence the grassroots of the system. This is parallel to the idea of mega diplomacy proposed by Parag Khana, a profound specialist in international relations. As Parag Khana stated, “We’re moving into a post Westphalian world, a world which is populated where the authoritative actors are not just governments. They are companies”.[2] He explains how diplomacy has widened as a tool into diverse spheres such as private mercenary armies, AI and technology, humanitarian agencies and non-governmental organizations, the educational sector; schools and universities, religious institutions and organisations and much more. He believes that diplomacy stretches beyond multilateral institutions such as the United Nations and the World bank or bilateral relations between nation states themselves. This is more efficient as it uplifts the accountability held by state and non-state actors. It propagates a sense of global order and global citizenship in an interdependent world as an aftermath of proactively embracing globalisation.

While there is no universally accepted definition of ‘Governance’, The Commission of Global governance defines the same as ‘the sum of the many ways individuals and institutions, public and private, manage their common affairs’. It has posited that governance is ‘a continuing process through which conflicting and diverse interests may be accommodated and cooperative action may be taken’.[3] The concept of Global Governance is viewed narrowly as a movement to address today’s issues while it is fundamentally much more. As Whitman (2009:8)[4] stated, it is an instrument to help independent states reach out for help in the face of emerging international issues and come together to create the envisaged world of peace and harmony. This stems out of the inefficiency and the failure of global institutions. For instance, humanitarian relief having been sent to Rwanda in 1994 during the genocide by the UN enforcing the Tusi military could have deterred the massacre at its grassroots.

Globalisation backlash may be seen as a growing hindrance to the expansion of Global Governance as states are reluctant ant towards embracing the rapid interdependence often leading to circumstances and conflicts that arise out of intervention. Kofi Annan, Secretary General of the United Nations rightfully stated while addressing the assembly that “the Central challenge we face today is to ensure that globalization becomes a positive force for all the world’s people, instead of leaving billions of them in squalor”.[5] While an ambitious concept, it may serve to be counterproductive in nature. The shift towards abandoning globalisation in neither desirable nor pragmatic. Revoking the systemic change, it has brought about for more than a decade now would bring along multifaceted problems hand in hand. It goes unrecognised, that the issue isn’t globalisation, but how we work around it and how it is managed. As rightly pointed out by Stiglitz, the macroscopic problem lies in the hands of the global financial institutions such as the World Trade Organisation (WTO), World Bank and The International Monetary Fund (IMF). They go beyond their mandates to ideally sere the best interest of the developed nations as opposed to the developing unindustrialised nations.

Need for Global Governance

Transnational policy challenges influencing nation states on an individual level see the need for cooperative global approaches within the contemporary world. This would require re-building of the mechanisms of global governance and its constant expansion to address global issues that are on the rise. Globalisation, being the epicentre of the framework, is array of opportunities alongside challenges. While the debate on pollution persists, issues such as terrorism, drugs abuse, arms proliferation, climate change, and data security have crossed national borders in search of global solutions. These while picked up within the domestic affairs of individual states within their political agendas, require integrated policy change in the international arena to be dealt with in an effective and constructive manner.

While viewed as transnational, the effects of global governance have a direct influence within the domestic there of each individual state. As Halabi (2004:23)[6] stated, that the framework of global governance is best suited to manipulate globalisation’s forces, control its detrimental negative effects and recognises that globalization cannot lead to global governance like cooperation correspondingly may not be facilitated by the anarchy that prevails in the international system. In the anarchic system, the challenge stands as states seek authority, power and control. While this collective consciousness is imperative for change, the thirst for power breaks down the cooperation and leads to violations in search for a state of hegemony. While offensive realists would argue that this is natural, this state of neutrality is least beneficial for the scale of change that meets the eye. A multilateral approach is therefore the only possible explanation which not only levels the playing field for all but also doesn’t compromising on valuing the voices of each of its stake holders from time to time.

While the framework sounds equitable, it is impossible to isolate domestic values in a multilateral setting. Deliberation and debate may still lead to decision making that isn’t convincingly adhered to by all states. Hence, policy development needs to be holistic in nature.

Challenges

One of the main challenges to Global Governance is state sovereignty. Stemming from the widely accepted grassroots of the Westphalian system that today UN carries forward in its mandate stated, “the concept of nation-state sovereignty based on two principles: territoriality and the exclusion of external actors from domestic authority structures ”.[7] Global Governance can be maximised in the state of absence of state governments and a collective sense of shared sovereignty to create a cohesive international community.

The ability for nations to contribute to change may diversely vary corresponding to their standing and their state capabilities. As Halabi (2004:24)[8]recognises, while global governance seeks to resolve disputes and issues, it does not restrict states in continuing to pursue wealth within the created structure of their own. Hence, we need a global interface that can pool in these independent capabilities and empower international actors to foster change.

Domination and subordination of states hinders the process of global governance. As pointed out by Mehta (2007:4)[9], the idea of ‘international’ is often perceived as the G8 or the G20. The G8[10], while primarily focusing on economic issues are seen to represent and speak for the entire international community as they guide the forces of response to global issues and challenges. From an economic lens, the G8 as one might multilateral institution concentrates the power to manipulate the procedures of world economics. This prevailing hierarchy in the system therefore deters the comprehensive bridge between the rich and poor states, further breaking down the cooperation.

Limits of Global Governance

Some of the fundamental limits to the idea go Global Governance includes the force’s ability to comply with international rules, to maintain transparency, to be able to create win-win resolutions that are mutually beneficial in interstate disputes, and its ability to empower international organisations to deliver required international aid in terms of services and public goods for all nations to thrive in an equitable system. All nations have an intrinsic need to join these international organisations and institutions to prove their international legitimacy within the global community.

These challenges have been witnessed prominently in many spheres of transnational issues. The United States’ non-cooperation in the environmental protect through the implementation of the targets to reduce CO2 emissions that would help curbing global warming in accordance to the Kyoto protocol[11] is an apt example of the same. The target of global poverty reduction has prompted international economic institutions such as the International Monetary Fund and the World Bank to strengthen their policies through the launch of CDF (Comprehensive Development Framework) and PRSP’s (Poverty Reduction Strategy Papers). Yet, the need for radical reformation persists. A report by the IFIAC, also known as the Maltzer Commission[12] deduces the inefficiency of the World Bank by pointing out the inconsistency in its assistance provided to the social programs for the rural as its administrative work overlaps significantly with the domestic and regional developmental banks hence leading to low performance of the institution as a unit. The commission called for a privatisation of the World Bank’s lending operations leading to its conversion into a World Development Agency.

The field of human rights has been widely debated due to the lack of coherence and inconsistencies in policies that are adapted to the domestic affairs of each state. Human rights for the moral compass for global governance as violation proliferate across the globe. The asymmetry of information enables institutions and states to exercise policies that impede several rights that individuals are fundamentally entitles to. The use of policing, coercion and torture violate rights including their rights to food, health care, housing and many more. The conundrum of capital punishment and its violation to the fundamental right to life has been debated for decades. The implementation and an ability to uphold and maintain this moral compass of human rights is a test of the potential of Global Governance.

The breakdown of trade agreements highlights the over reliance and dependance of developing nations on the export of commodities that carry the brunt of collapsing prices. Such disputes and inequities within investment and trade may also be seen among large and advanced nations that seek to uphold leverage against one another such as the persisting trade conflict between USA and China. The shift in focus is therefore now on the diversification of exports that may be facilitated if Global Governance can effectively manage the forces of globalisation and streamline it through new international agreements supporting the price of commodities.

Last but not the least, the uprise of civil society conflicts and revolutions are grossly mismanaged. The recent measures taken by the United Nation of disputes such as the ongoing Syrian Civil War and unrest have led to questioning the legitimacy of the proposals passed through the Security Council and the body itself. While funding for the institution is always constituted as a fundamental issue, no constructive measure to rectify the same has been collectively formed by the member states of the international organisation.

Conclusion

While Global Governance seeks to benefit all, it is over ambitious and idealistic. There are several reforms that are imperative to its efficient implementation. Firstly, it is important to modify how states perceive state sovereignty and dismiss the threat that global governance poses to it. It is crucial to sustain he representation of state governments to retain the democratisation of global institutions. With that said, the international community has a heavy reliance on national governments as opposed to weakening them. Weak states carrying a contrasting perception are not only a threat to themselves but also to the framework of Global governance. Weak legitimacy in nations that may categorised as rogue states, fake democracies or quasi authoritarian states have a high degree of threat on their efficiency and potential. This is however enhanced in states that exercise more liberty and freedom, where the civil society representation is high.

Secondly, global governance requires an accountable and moral structure. These two elements must be universally recognised as backbones of the framework that are essential and uncontested. Subsequently, regional governance and domestic affairs must be trusted and respected to maintain development and management of state infrastructure and the preservation of natural resources. Emerging regional powers must refrain from dominating the playing field and facilitate trade and regional agreements to foster global governance by mobilising people, boosting imports and exports, and effectively managing resources.

Correspondingly, the needs to be an urgent democratisation of international economic institutions such as the UN, World Bank, WTO and IMF to filter and check the viability of proposals and measures taken. There needs to be a reiterated call for conformity of these revolutionary and policy making bodies with the cause of strengthening global governance, enabling them to efficiently respond to current and emerging global challenges. There needs to be an expansion of the Security Council that restricts the veto power in the hand of a few elitist nations and a reformation of the mandate of the UN enabling it to target short term goals making it more effective.

Lastly, the legal structure require reform. The international judiciary and legal system need to be strengthened adhering to the globalised relationships between states that supersede domestic dynamics of legal frameworks within states. International courts such as the ICJ and the ICC must take cognizance of the changing world that the seek to serve.

The global community must in tandem minis the unilateral rule and isolate the quest for hegemony to create a system of cooperation and enable the upliftment of subordinated sections of societies such as women, children, indigenous people, underprivileged, refugees and many more. The structure should encompass all state and non-state actors to help developing nations in the society meet the Millennium Developmental Goals to ensure peace, harmony, uphold human rights, reduce the detrimental effect of global warning on climate change, combat terrorism, curb migration and nuclear proliferation alongside fostering growth in the international, regional and individual state level. Global Governance is there a vital instrument that seeks to intertwine global interests and look beyond domestic foreign policies to form a global knit community that envisages a world of peace and harmony. Yet the question prevails, is global governance an answer to the echoing anarchy or a mere euphemism of a global government?


[1](n.d.). Retrieved from http://csmt.uchicago.edu/glossary2004/collectiveconsciousness.htm.

[2]Bigthinkeditor. (2018, October 5). Parag Khanna on the Rise of Mega Diplomacy. Retrieved from https://bigthink.com/big-think-edge/parag-khanna-on-the-rise-of-mega-diplomacy.

[3]Hägel, P. (2011). Global Governance. Oxford Bibliographies Online Datasets. doi: 10.1093/obo/9780199743292-0015

[4]Whitman, J. (2009). Conclusion: The global Governance Prospect. Palgrave Advances in Global Governance, 189–203.

[5]Speeches. (2019, February 13). Retrieved from https://www.kofiannanfoundation.org/topics/speeches/.

[6]Halabi, Y. (2004). The Expansion of Global Governance into the Third World: Altruism, Realism, or Constructivism? International Studies Review, 6(1), 21–48.

[7]Timberman, T., & Timberman, T. (n.d.). The Peace of Westphalia and its 4 Principles for Interstate Relations Isn’t Failing. Retrieved from https://smallwarsjournal.com/jrnl/art/the-peace-of-westphalia-and-its-4-principles-for-interstate-relations-isnt-failing.

[8]Halabi, Y. (2004). The Expansion of Global Governance into the Third World: Altruism, Realism, or Constructivism? International Studies Review, 6(1), 21–48.

[9]Mehta, M. D. (2007). Good Governance. Encyclopedia of Governance.

[10]Canada, France, Germany, Italy, Japan, Russia (suspended), the United Kingdom and the United States.

[11]What is the Kyoto Protocol? (n.d.). Retrieved from https://unfccc.int/kyoto_protocol.

[12]International Financial Institution Advisory Commission. (2016, December 23). Retrieved from https://en.wikipedia.org/wiki/International_Financial_Institution_Advisory_Commission.

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International Law

COVID-19: UN Security Council should urgently take a Lead

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Authors: Tan Sri Hasmy Agam and Prof. Anis H. Bajrektarevic

The COVID-19 situation is very worrying, indeed, alarming matter, not just as a global health and biosafety issue, but potentially as a global security challenge, too.

While the pandemic is being dealt with by the World Health Organisation (WHO), along with other relevant United Nation Specialised Agencies (UN SA), the situation is deteriorating rapidly and could easily get out of control. This of course, if it is not effectively contained. In such a (more and more likely) scenario, it would be engulfing the entire world, virtually akin to as the Third world war, though initially of a different kind.

We are amazed as to why the Security Council has not stepped in. It should have done so as to address the Covid-19 and surrounding scenery in the way it clearly deserves to be dealt with, given its devastating impact on the entire international community on almost every dimension, including international peace and security, which indisputably falls under its mandate under the UN Charter.

As the Council has often dealt with issues which are sometimes not ostensibly related to international or regional security, we are puzzled, indeed alarmed, as to why it has chosen not to come to grips with the pandemic as a matter of the utmost urgency.

If the members of the Council, for their own internal reasons, have not felt compelled to do so, shouldn’t the other members of the world body, individually or collectively as international or regional groupings, such as the European Union (EU), the Non-Aligned Movement (NAM) – G-77,African Union (AU), or ASEAN, take the much-desired initiative to call on the Security Council to imperatively address this global pandemic, even as the WHO and other concerned UN agencies, much to their credit, are dealing with the issue from their own (narrow) perspectives – and yet rather limited mandate and resources.

In this regard, especially the EU, would be well-positioned to exert the much-need pressure on the UNSC, given the devastation that the Virus has wreaked on a number of its members, notably Italy and Spain, among others.

Such an urgent Meeting of the UN Security Council at this point in time would be greatly applauded by the entire international community as it would accord the world body the leadership role that its members expect it to play.

Gens una sumus. Concordia patria firmat

In this dire situation, the big powers should put aside their ideological and policy differences, or power play, and focus instead on galvanizing concerted international actions of ensuring the safety and wellbeing of the entire human race.

By decisively and urgently acting, the UN Secretary-General and the UN SC would be sending a bold and clear yet tranquilising signal to the entire humanity. More importantly, such a unison voice would be also welcomed and well understood as a referential (not to say a norm setting) note by other crucial agencies, such as the UN High Commissioner for Human Rights (UNHCHR), International Labour Organisation (ILO), International Civil Aviation Organisation (ICAO), World Tourism Organisation (WTO), as well as by the Red Cross (IFRC), Bretton Woods institutions, Organisation of  Economic Cooperation and Development (OECD), Federation of Trade Unions, including other specialised or non-UN FORAs, most notably developmental entities such as the Inter-American Development Bank (IADB), Islamic Development Bank (IsDB), Asia Development Bank (ADB), Africa Development Bank (AfDB), etc.

In the following period – while witnessing indeed a true historical conjuncture, we need a global observance and protection of human rights, of jobs, for the benefit of economy and overall security. Recovery – which from now on require a formidable biosafety, too – will be impossible without social consensus. Clearly, it will be unsustainable if on expenses of labour or done through erosion of basic human rights – embedded in the UN Charter and accepted as essential to the very success of SDGs (Sustainable Development Goals).

Indeed, countries are not just economies, but most of all societies.

(The truth is plain to see: Planet has stopped, although the Capital remains intact. We came to a global halt because the Labour has been sent home. Hence, the recovery comes with labour. Historically, labour has never betrayed, while capital has failed us many times. By the same token, human rights never betrayed the state and its social cohesion, but the states – and much glorified markets – far too many times in history have failed humans. Therefore, there is no true exit from the crisis without strengthening the labour and human rights.)

For a grave planetary problem, our rapidly articulated global accord is badly needed. Therefore, multilateralism – as the most effective planetary tool at our disposal – is not our policy choice. It is the only way for human race to (socio-economically and politically) survive.

Covid-19 is a challenge that comes from the world of biology. Yet, biology and international relations share one basic rule: Comply or die. To remind us; it is not the big that eat the small, rather it is a fast which eats the slow.

It is night time to switch off the autopilot. Leadership and vision now!!

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International Law

World Governments Need Cooperation of Every Section of Society to Defeat COVID-19

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COVID-19 has wrapped the whole world in its trap because of multiple reasons in which irresponsible behaviour at the hands of states remains at the top. There were some nations such as Italy and America which were not taking the threat of coronavirus serious resultantly both the countries are now the most affected nations of the world. Even at the extent that the president of America Donald Trump was showing passive behaviour concerning the outbreak of devastating virus resultantly the US has surpassed China and reached the top by highest patients in the world which have crossed two lacs including almost five thousand deaths. In this regard, President Trump has signed the $2 trillion Coronavirus relief bill. Besides, other nations such as Italy, Spain, China, Germany, France, and Iran come respectively after the US about the patients of COVID-19. As for as Pakistan is concerned, Prime Minister Imran Khan also urged for the international as well as national cooperation to control and eliminate the threat of COVID-19. While people in Pakistan are not still taking it seriously or fully cooperating with government via looking over their immature and unserious behaviour concerning the restrictions imposed by the government through violating them. In this regard, the government has sealed various shops and other public places that were open even after lockdown. Therefore the government has taken serious steps through lodging FIR against them. Besides, various madrassas/masjids were also offering Friday congregation prayers via side-lining the guidelines given by the government therefore many people were arrested and put behind the bars by security forces of the country. While looking over the staggering and worsening condition of Pakistan which shows a fast increase in the patients of coronavirus government requires the seriousness and cooperation of people to control over fatal disease otherwise it will wipe out most of the population of the country.

Consequently, it is not only the responsibility of people within states to cooperate with the government to defeat first this global pandemic disease but it is also high time for states to cooperate even having multiple differences over numerous issues. In this regard, for defeating Coronavirus states require global cooperation via setting their enmities and differences aside for the common good. Besides, China continues international cooperation to beat COVID-19. Beijing is determined to cooperate and help other nations, therefore, it has sent aid towards 18 countries over the past month in which it has sent its team as well as tons of medical supply to various countries such as Italy, Cambodia, Pakistan, and United Kingdom. Along with this Chinese government said that those countries which are not provided aid by it were helping them through an online website. Via looking over the commitment and relentless struggle of the Chinese government as well as people particularly medical staff, they have become successful in controlling the spread of COVID-19. In the same manner, China also emphasized the global stakeholders that global cooperation is the only way to beat the coronavirus. The governments need acts with speed, scale and clear-minded determination to conquer the fast-spreading virus. Because “viruses do not respect border: neither do they distinguish between races or nations, therefore, responsible governments worldwide should stand firmly against hatred and racism and join hands to promote disease prevention and clinical treatment as well as vaccine development”.

World Health Organisation (WHO) Chief in his recent media briefing said that “This is not just a threat for individual people or individual countries. We are all in this together, and we can only save lives together”. Though preventive measures suggested by the countries which have minimized and controlled the fast spread of COVID-19 such as China, South Korea, and Sudan are social distancing, contact tracing, widespread testing, and early preparation. In the DW documentary, Dr. Alexander Edward, an Immunologist, emphasized on the usage of face masks, he also entertained that the world is running out of face mask because of its massive usage. Besides, Nature is a weekly international journal that published an article on March 9 in which emphasized over three things to eliminate coronavirus namely follow WHO advice, end secrecy in decision-making and cooperate globally which is the only way to defeat one of the worst infectious-diseases spread throughout the world. COVID-19 has left severe effects on the social, political, economic, and financial structures of the world. So, it is very difficult only for the governments of states to control and defeat this pandemic virus. In this regard, governments need the seriousness of behaviour as well as the cooperation of each section of society may it be doctor, social workers, government and private employs, common people, armed forces, businessmen, farmers along with each person who can contribute in any way to help the government to defeat the Coronavirus. This is the easiest and fast way to fight against coronavirus otherwise whole nations including governments are going to bear the brunt of this one of the most dangerous viruses of the 21st Century.

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International Law

Satya N. Nandan: End of an era for Law of the Sea

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The passing away of Amb. Satya N. Nandan of Fijion February 25, 2020 comes as a decisive loss to law of the sea as both a field of academic inquiry and a branch of applied public international law. As a crusader for a global rules based order for the world’s oceans, there are few who have contributed to the practical development and evolution of this field as the iconic Fijian lawyer-diplomat who would hold top positions in the United Nations and man the International Seabed Authority for the better part of its existence. His seminal contribution to Law of the Sea marks him out as a world-renowned practioner in a field that was marked by Westphalian struggles to establish control over the world oceans and the vast resources that lie beneath in the years leading to the adoption of United Nations Convention on the Law of the Sea, 1982 (UNCLOS). His death marks the end of an era for the discipline that continues to evolve based on the provisions of UNCLOS and the untiring efforts of States to strive for a world order based on equity and justice.

Born in 1936 in what was then known as the British Crown Colony of Fiji as the youngest of ten children to Shiu Nandan and Raj Kaur, Satya Nandan after completing his early education in his home country moved to New Zealand to complete his high school education. Pursuant to a law degree from the University of London in 1965, Nandan became a barrister at Lincoln’s Inn before returning to Fiji to start private practice. The newly independent nation would seek his assistance in establishing the country’s mission to the United Nations in 1970 eventually leading to his absorption as a career diplomat in Fiji. From here on Satya Nandan would be the moral and intellectual voice of the Pacific Island States seeking to assert their legitimate claims on ocean resources and championing the codification of what was then regarded as one of the last unregulated frontiers of the global commons. This association with law of the sea and ocean affairs would become a lifetime preoccupation for the rising young lawyer-diplomat.

Amb. Nandan’s most remarkable contribution to law of the sea would be his work as the Rapporteur of the Second Committee of the Conference that dealt with the major issues of law of the sea. The inability of the First and Second Geneva Conventions to iron out contentious issues failed to result in a global ocean convention acceptable to all States. The mistakes where sought to be corrected by the time the Third Conference on the Law of the Sea convened in New York in 1973. The United Nations Convention on the Law of the Sea, 1982 was the result of this Conference and has been the major treaty body regulating the use of oceans for the international community since its coming into force on November 16, 1994. Amb. Satya Nandan is widely recognized as the principal architect of this exercise who ironed out differences existing between various countries on diverse contentious issues. In the process, the Pacific States and Asian-African States were able to secure maritime jurisdictional claims of 200 NM from their baselines through the creation of Exclusive Economic Zones (EEZs), a unique output of the Convention first articulated in the Colombo Session of the Asian African Legal Consultative Organization (AALCO) in 1971 by Kenya. In addition, Amb. Nandan negotiated the rights for archipelagic States and the passage through straits for international navigation. In all cases, his determination to safeguard the interest of Pacific States and by doing so the interests of the broader community of Asian-African States stood out with conviction that continues to find resonance in global treaty negotiations till this date.

The provisions pertaining to deep-sea bed mining continued to remain contentious even after the adoption of the 1982 Law of the Sea Convention. This lead to the delay in the coming into force of the Convention. Urged by the then Secretary-General of the United Nations, Javier Perez de Cueller, Amb. Nandan joined the Organization as the Under Secretary- General for Ocean Affairs and Law of the Sea and the Special Representative of the Secretary-General for Law of the Sea. Most of the concerns pertaining to the issue were resolved through the intervention of Amb. Nandan as Chairman of the ‘Boat Paper Group’ resulting in the 1994 Implementing Agreement on Part XI, which created the International Seabed Authority to regulate the conservation and use of non-living resources on the deep-sea bed in areas beyond national jurisdiction.

Elected as the Secretary-General of the International Seabed Authority in 1996, Amb. Nandan in his three-term tenure that lasted till December 2008 was instrumental in moulding the ISA from its inception as an international organization with a specific mandate including establishing its main organs- the Assembly, Council, Legal and Technical Commission and the Finance Committee. It was during his tenure that the Regulations on Prospecting and Exploration of Polymetallic Nodules in the Area also known as the ‘Nodules Regulations’ were promulgated that would regulate the actual conduct of deep-sea mining in the ‘Area’ .  The establishment of an Endowment Fund in 2006 by the Authority for the advancement for marine scientific research (MSR) activities was also a significant feature of the work of the Authority and was widely welcomed as advancing the mandate of UNCLOS, 1982. Incorporating the ‘Precautionary Approach’ to the work of the Authority was a legacy of Amb. Nandan, which was validated by the Seabed Disputes Chamber in February 2011 in an advisory opinion that mandated the application of this principle as originally laid down in the 1992 Rio Declaration.

Amb. Nandan’s role in creating a global legal framework for fishery conservation was yet another shining aspect of his legacy. As Chairman of the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks, the global community would witness theadoption of the 1995 United Nations Fish Stocks Agreement under his leadership and the subsequent setting up of the Western and Central Pacific Fisheries Commission. His lifelong commitment to sustainable use of marine living resources continues to inspire sustainability debates in the sector and remains highly valuable in the context of ‘blue economy’ debates.

The Virginia Commentary, which remains the most significant and reliable elucidation on the law of the seawas spearheaded by Amb. Nandan. It gives a masterly account of the treaty negotiation process leading to the adoption of the convention and forms a crucial corpus of the Law of the Sea. While it involved the effort of numerous individuals, Nandan is credited with providing intellectual leadership of the project as the series general editor of the work along with Shabtai Rosenne. The seven-volume book, which took 26 years to prepare, remains an indispensable account for any serious scholar or practioner of the subject.

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