00:00:00,820 --> 00:00:18,810 [speaker_0]

... an enforcing agency. There is a commission of human rights. There are enforcement from
the commission, the matter can move before the European Court of Human Rights. Now, what
are the rights which are recognized? The rights which are recognized are plenty, as it is, as I
indicated, as found in the Universal Declaration of Human Rights.

00:00:19,320 --> 00:00:19,780 [speaker_1]

(coughs)

00:00:19,820 --> 00:01:02,400 [speaker_0]

Now, under the European Convention of Human Rights, one party can make an allegation
against other party. Today, there are 26 members. One European state which is a party to the
convention can make an allegation against another European state for the violation of the
Convention of Human Rights. The second one is, this is one state, one individual, one national
of European state can bring an action against another European state. That is the second. If you
are a national of England and if you are a passport holder of England, you can bring an action
for the violation of your rights under the European Convention of Human Rights against a
German national.

00:01:02,410 --> 00:01:03,350 [speaker_1]

(coughs)

00:01:03,400 --> 00:01:19,640 [speaker_0]

Now, the third one is, suppose, for example, you as a student get a scholarship, and by taking
the scholarship you intend to pursue LL.M., and you go to Netherlands to the International Court
of Justice to have a course in the area of international law.

00:01:19,650 --> 00:01:20,190 [speaker_1]

(coughs)

00:01:20,360 --> 00:02:07,200 [speaker_0]

So during the course which you, remember, persuade and continue, your rights which are
recognized under the Human Rights Convention, are violated. At that time, being a foreigner,
you are also entitled to enforce the Convention of Human Rights before the authorities which
are given, uh, under it. Now, this is something in the human rights. You have the declaration of
the, uh, rights of the child, Convention on the Rights of the Child, Racial Discrimination
Convention, we have elimination of discrimination against women, 1976. These are a few of the
conventions and declarations which speak about the, what we call, the jurisprudence of the
human rights. Now, the second one I just intend to speak to you happen to be international
cooperation.

00:02:07,540 --> 00:02:07,640 [speaker_1]

(coughs)

00:02:07,660 --> 00:04:08,920 [speaker_0]

When we speak about international cooperation, the first issue is states should come together.
When the United Nations came in, remember, most of the countries were very ill-equipped,
under-developed, poor. They did not have even schools in their territory. So at that time, first
day, the, the General Assembly of the United Nations thought the war-torn economy, war-torn
economy has to be reconstructed. That is why the Marshall Plan came in. Under the Marshall
Plan, remember, millions of dollars of were, remember, invested for the growth and to
reconstruct the territory of Germany, Italy, as well as Japan. Thereafterwards, they were
thinking about, remember, reconstructing the eco- economies of the poorest of the poor. And
for this purpose, the United Nations provided an organization which is known as the Economic
and Social Council. The Economic and Social Council of the United Nations happened to be a
principal organ, like the General Assembly and the Security Council. And this Economic and
Social Council, remember, deals with only economic aspects to promote, remember, the
poorest of the poor people in the world, and it is empowered to appoint commissions. Economic
and Social Council not only appoints commissions, it appointed Commission on Narcotic Drugs,
it appointed the Commission on Women, and all of them function even today, as in today when
I speak. Don't be under the impression that... Somebody the other day was making a public
speech, "United, United Nations was prepared and came into force in those days, and at that
time, the equilibrium was something different. And today, the equilibrium has changed." It's
true the equilibrium has changed, but then the organs still function, and organs are managed
by the most efficient-

00:04:08,940 --> 00:04:08,950 [speaker_1]

(coughs)

00:04:08,960 --> 00:04:22,880 [speaker_0]

... people, and everyone should know. Now, for example, to help the poorest of the poor
countries, the United Nations appointed two subsidiary organs.

00:04:22,890 --> 00:04:22,909 [speaker_1]

(coughs)

00:04:22,909 --> 00:04:38,020 [speaker_0]

Now, which are these two subsidiary organs? One happened to be UNCTAD, United Nations
Conference on Trade and Development. So this United Nations Conference on Trade and
Development, which came into force in 1964-

00:04:38,030 --> 00:04:38,330 [speaker_1]

(coughs)

00:04:38,330 --> 00:05:56,140 [speaker_0]

... assists, helps, promotes in the recovery of most of the developing countries in the world.
Then you have UNIDO, United Nations Industrial Development Organization. UNIDO happen to
be an organization which is established exclusively to promote the welfare of the poor people.
Then in the year of 1970, it adopted a declaration which is known as the, uh, Friendly Relations
in Cooperation Between States. Now, the Friendly Relations and Cooperation Between States
happen to be the major resolution, and the entire United Nations from now on should function
in a, in accordance with this. Now, what is this? I shall just give you one or two instances so that
you understand the point better. It was the General Assembly of the United Nations which had,
which adopted two important resolutions. One happened to be a resolution on
self-determination, which was adopted in the year 1958. The resolution on self-determination,
which was adopted in 1958, it speaks, "The people of the area, the people of the territory, are
sovereign." If you are in India, the people of India are sovereign, and-

00:05:56,150 --> 00:05:56,150 [speaker_1]

(coughs)

00:05:56,150 --> 00:07:53,640 [speaker_0]

... the people of this country, being sovereign, are empowered to establish a government of
their choice.... they cannot impose a government of their own. So when the government is
established by the people, by their choice vote, naturally this government, remember, is
empowered to carry out certain im- important duties as well. Then the second resolution
happened to be, which was adopted in 1960, sovereignty of the natural resources. What I just
wanted to tell you is, colonialism was almost coming to an end. When the colonialism came to
an end, you may be knowing, the colonial masters were interfering in the internal affairs of
these poor countries. These colonial masters who were interfering with the internal affairs of
these countries, remember, a sort of neo-colonialism came in. See, they have not yet got out of
this colonialism, although all states have become independent. See the conduct of one state in
the preceding six months. They still think that they are in the colonial days. You can threaten
anybody. You can put any tax on anybody. Now, I am putting a basic question. See, if you are
putting a tax on your item, why you should give publicity to it? I will put 200% tax, I will put
500% tax, you put it. Why you give publicity? Under the WTO regulations which the teachers
should tell the students in the classroom, remember, you cannot have discriminatory policies.
And if you have discriminatory policies, remember, there will be cross-retaliation. If anybody
knows something about it, tell the students correctly, what is this cross-retaliation? Now,
remember, if you are supposed to put a tax, then the tax should be at least four percent to five
percent.

00:07:54,200 --> 00:07:54,210 [speaker_2]

(coughs)

00:07:54,210 --> 00:07:59,110 [speaker_0]

And if you increase the tax to 40% or 200%, the other state also is-

00:07:59,110 --> 00:07:59,250 [speaker_2]

(coughs)

00:07:59,250 --> 00:09:05,990 [speaker_0]

... empowered to put the tax. That means what? You are blackmailing the economy of a
particular state. You want the poors to remain poorer, and you want to become the rich to
richer, and you want to have the European domination, and you want the domination of the
white. What else the message is? Read the articles, you will come to know. I will speak to you a
little of WTO later, little later. At that time, I should just point out to you. Now, all these
developments, when they were taking place, the bigger countries and wealthy countries are not
supposed to interf- interfere in the internal affairs of the developing countries and the least
developed countries. That is why sovereignty of the natural resources and its exploitation is the
monopoly of the rich to the poorer countries. They only should do. If India is a poor country, or
Ghana is a poor country, or other countries in Africa, South Africa is a poor country, they only
should exploit their resources and not at the behest of the rich countries like the previous
colonial masters. That is another resolution. Another-

00:09:05,990 --> 00:09:05,990 [speaker_2]

(coughs)

00:09:05,990 --> 00:09:42,690 [speaker_0]

... important declaration came in, in the year 1974. This is called as the New International Ar-
Economic Order. When the New International Economic Order came in, they pointed out at no
point of time, the least developing countries must be interfered with. It is the duty of the
responsible western governments who are supposed to be the democracies, should support and
assist and aid in the promotion and growth of, remember, the economy. Now it is going on. And
for this purpose, the United Nations itself has provided two organs.

00:09:43,060 --> 00:09:43,070 [speaker_2]

(coughs)
00:09:43,160 --> 00:10:41,400 [speaker_0]
One happened to be International Monetary Fund, and the second one happened to be the
IBRD, International Bank for Reconstruction and Development. These are the two bodies which
help, which assist, which gives assistance to the states for the development of their economy.
So that is why international cooperation is one of the basic objectives of the United Nations. I
spoke to you about human rights. Now I will come to the first one, that is maintenance of peace
and security. Maintenance of international peace and security is very much essential. And for
which, remember, they have appointed an organ of 15 members. Earlier it was 13 members.
Now 13 members is increased to 15 members. Of the 15-in-members body, which is called the
Security Council, five members are the permanent members, and five members of the
permanent members, a question came up, why the big five is the big five, was the-

00:10:41,410 --> 00:10:41,940 [speaker_2]

(coughs)

00:10:41,950 --> 00:11:37,240 [speaker_0]

... big five, and will be the big five? So at that time, Professor Philip Dessou, a Harvard scholar
of international law, on international law, he was just telling, "These are the ones who
concluded the Second World War, but for the effort of these people, but for the work of these
people, the Second World War would not have come to an end. Not only they concluded the
war, and they are responsible in having a document known as the United Nations." So this
power was given then. Now there are ten per- non-permanent members. Ten per-
non-permanent members are elected by the General Assembly for a period of two years. And
when they are elected, their contribution to maintenance of international peace and security is
always taken into consideration. Now, although it is provided in the charter, now this is all false
and myth.

00:11:37,250 --> 00:11:38,120 [speaker_2]

(coughs)

00:11:38,160 --> 00:14:32,456 [speaker_0]

See, the state of Pakistan was elec- elected as a per- non-permanent member of the Security
Council. What is the contribution of the state of Pakistan to peace and security? I'm te- just
putting a question, counter-question. See objective analysis of a subjective situation. So, they
say the contribution made by the concerned state which intends to become a non-permanent
member...... must be taken into consideration for the maintenance of peace and security. By
considering that, the General Assembly elects f- the 10 non-permanent members for a period of
two years, and others are permanent members. Now, I will just be speak to you the voting
procedure in the Security Council. Now, the Security Council points out only matters relating to
peace and security can go before the Security Council. The Security Council is established only
for maintaining and enforcing peace and security. Under Article 28, paragraph two of the
Charter of United Nations, the Security Council is a continuously functioning body. The meeting
of the Security Council may be called at 2:00 AM or 3:00 AM or 4:00 AM. Any time in the
midnight, in the 24 hours of the day. And it should supposed to attend and participate in the
dele- deliberations, and when the matter is put to vote, it is, it should put vote. Now, there are
two types of voting. One is the procedural type of vote, and the second is non-procedural type
of voting. Now, procedural type of voting are all relating to internal rules. When I speak about
internal rules, see, whether the matter should be put to the agenda for purpose of discussion,
and when the matter should come for discussion, and what matters should be transferred to
other, because there should be a resolution to this effect also. All of them are what we call as
procedural matters. Non-procedural matters, remember, are matters relating to international
peace and security. For all non-procedural matters, remember, you require, require (coughs)
the consent of the Big Five, plus another nine members, uh, another eight members. (coughs)
Now, when I speak about this, the consent of the Big Five is very much essential for any
resolution that is being passed by the Security Council on peace and security. Now, what
happens is, remember these big powers, remem- first and foremost, when the matter is put to
vote, uh, that is put at the later stage. First, it comes before the agenda. And whether it can be
kept in the agenda or not, they will come and cast its veto.

00:14:32,886 --> 00:14:34,136 [speaker_3]

(coughs)

00:14:34,176 --> 00:15:41,556 [speaker_0]

First of all. And when they cast its veto, remember they say it cannot be discussed. There, it is
all by the vote of, remember, five plus four, nine members. And whether the permanent
members vote for or against, it doesn't matter. Then thereafter, it comes before the Security
Council under non-procedural vote. When it comes to a non-procedural vote, it casts its veto.
And having cast its veto, it will see to it that no decision is taken by the Security Council. Now,
for example, I can give you 100 instances. For example, the issue relating to Jammu and
Kashmir, issue relating to Cyprus, the issue relating to Morocco, the issue relating to other
countries, Gulf countries. In all of them, remember, because of the veto, there, no decision
could be taken. Professor Pavett, a professor of international law at the University of, uh,
Cambridge, in one of his, uh, one of his books on international institutions, points out, "The veto
has destroyed the Security Council."

00:15:41,956 --> 00:15:41,976 [speaker_3]

(coughs)

00:15:42,016 --> 00:16:10,476 [speaker_0]

Remember. Having said this, he s- he reads, he points out one more sentence. "The Security
Council lacks the teeth with which to bite." It is not in a position to bite anywhere, because each
s- each, (coughs) each permanent member is independent to decide. It cannot be put any
pressure. So, if you want to cast its veto, nothing can be done. It will cast its veto and prevent-

00:16:10,486 --> 00:16:10,796 [speaker_3]

(coughs)

00:16:10,806 --> 00:16:16,816 [speaker_0]

... a discussion on this matter. Suppose, for example, there is unanimity.

00:16:16,826 --> 00:16:17,276 [speaker_3]

(coughs)

00:16:17,676 --> 00:17:04,216 [speaker_0]

Suppose there is unanimity. At that time, remember, under Article 41 of the Secu- the Charter
of United Nations, it is empowered to take economic sanctions. So, if there is a recalcitrant
state, a state which violates peace and security against whom economic sanctions can be
imposed. So, under Article two, uh, five, under Article two, paragraph one of the Charter of
United Nations, all states are supposed to give assistance to such an action. Suppose, for
example, even after economic sanction, the state doesn't budge. At that time, Article 42 will be
used. Article 42 speaks about, remember, the use of force, where the army, the navy-

00:17:04,296 --> 00:17:04,546 [speaker_3]

(coughs)

00:17:04,546 --> 00:17:23,456 [speaker_0]

... and also the air force shall be used, and all the members of United Nations should give and
contribute their forces generously to see that the recalcitrant state is suppressed. So, this is
how enforcement action takes place. I will give you two instances, not beyond, more.

00:17:23,776 --> 00:17:24,236 [speaker_3]

(coughs)

00:17:24,296 --> 00:19:59,456 [speaker_0]

One instance happened to be the instance relating to, uh, South Korea. North Korea invaded
South Korea in the year 1950. When North Korea invaded South Korea in the year 1950,
remember, the issue came up for discussion in the Security Council. Now, Soviet Russia came
before the Security Council and cast its veto. With the result that no decision was forthcoming.
Remember? And thereafter, remember, the, immediately the Security Council constituted what
we call as the United Nations Emergency Force. Because of the veto power, it was not in a
position to take any decision. At that time, somehow the war situation has to be halted.... and
the parties will be requested to see that there will be suspension of hostilities. "You remain
where you were. Both the states should remain where they were." So for the suspension of
hostilities, they employed what we call as the United Nations Emergency Force. The emergency
force, which was constituted by the United Nations, incurred so much of expenditure. When this
expenditure amount bill came to the Security Council for approval, Soviet Russia said, "What is
this bill? Matters relating to peace and security cannot be taken without the consent and
permission of Security Council. You have done without my permission. I will not approve the bill.
Go to hell." So at that time, there was a lot of criticism. Criticism by states as well as scholars.
"You are supposed to be there for all the 24 days, 24 hours, and you are supposed to attend all
the meetings. And remember, you don't even attend the meeting, attend the meeting, and
afterwards, by not attending the meeting, absenting the meeting, you come and challenge the
resolution. Is this sense or nonsense?" It cannot be accepted. That was the criticism in one.
Then came in the year 1960, the Congo crisis. In the Congo crisis, there was unanimity. Initially,
all the five states, they said, "Yes, there should be an action by the Security Council." So as a
result, three resolutions were ado- adopted. One was adopted on July 8th, then second one was,
uh, 22nd July, and the third one happened to be August 8th. Three resolutions, 1962, was
adopted. And afterwards, soon after the resolutions were passed-

00:19:59,755 --> 00:19:59,765 [speaker_4]

(coughs)

00:19:59,765 --> 00:21:36,596 [speaker_0]

... both Poland and Soviet Russia appeared before the Security Council and challenged the
decision. But at that time, there was a great secretary general of the United Nations who was a
Swiss man, Dag Hammarskjöld. This Swiss man, Dag Hammarskjöld, when this was going on,
was delivering a lecture at the University of Oxford. So when he delivered the lecture at the
University of Oxford, he made, I will just verbatim tell you. "There is a body under the United
Nations system which is supposed to party, participate in all the meetings held by the Security
Council. All the permanent members not only should take part and take concrete decisions. And
if the decision is not forthcoming, and if the concerned body fails to take a decision and fails to
adopt any resolution, I will act, and I will act in accordance with the philosophy of the charter of
United Nations." And he proceeded, and during the course of journey, there was an ac- air
accident and he passed away. Now, only one thing I just want to tell you. First is, the failure of
the S- Security Council has resulted in two major developments. One is the establishment of
NATO as well as Warsaw. So NATO, North Atlantic Treaty Organization, happened to be a
collective security mechanism established by the European states. So when NATO was
constituted, the Russian state, in order to pull out the Russian countries-
00:21:36,606 --> 00:21:36,606 [speaker_4]
(coughs)

00:21:36,606 --> 00:22:21,536 [speaker_0]

... did not lag behind. It established the Warsaw Pact. So if United Nations is not in a position to
provide peace and security, we will constitute NATO. At that time, the communists established
Warsaw. Then when the Security Council failed to take a decision, remember, there was
another organ that, remember, went to the extent of usurping the power of the Security
Council. That is the General Assembly. Under Article 10, paragraph one of the charter of United
Nations, listen carefully, it is stated that the General Assembly of the United Nations is
empowered to discuss any matter-

00:22:21,556 --> 00:22:21,666 [speaker_4]

(coughs)

00:22:21,666 --> 00:23:16,015 [speaker_0]

... empowered to discuss any matter within the scope of the charter of United Nations. You are
supposed to act. If you don't act because of the veto, we will, remember, take away your power
and discuss the matter, because in this body, all the member states are present. All the 193
states are present and will discuss the matter and thrash out and ultimately give, a positive
vision. This was not expected, but then it came. Today, think of it, think of the General
Assembly of the United Nation. Can anybody tell me which issue is not discussed by the General
Assembly? The problem of population, the problem of poverty, the problem related to economic
development, the problem of narcotic drugs, the problem of the protection of women, the
problem related to space, the problem relating to, uh, whatever you call it-

00:23:16,416 --> 00:23:16,426 [speaker_4]

(coughs)

00:23:16,426 --> 00:23:27,356 [speaker_0]

... the mass communication, telecommunication, cryptocurrency. All these matters, nothing is
left out. The General Assembly today is empowered to discuss and deliberate-

00:23:27,636 --> 00:23:27,645 [speaker_4]

(coughs)

00:23:27,645 --> 00:23:32,755 [speaker_0]

... and pass resolutions on any matters under the, uh, the-

00:23:32,775 --> 00:23:32,906 [speaker_4]

(coughs)

00:23:32,906 --> 00:26:07,356 [speaker_0]

... under its province. That is what, what is being stated. Now, when we go to the Sec- in the
Security Council, only one, one, one aspects I wanted to speak to you. Now, there are certain
issues when they were discussed, all the members will participate. All the five permanent
members, Soviet Russia, United Kingdom, state of France, state of United States, and People's
R- Republic of China, all will participate. They participate in the deliberations, but when the
matter was about to be put to vote, they will absent. Some of them will go to the refresher
room. Some of them will go to the United Nations library. Or some of them read in some room
and try to yawn their life. Remember-This was a major issue before the Security Council. The
matter was referred to the interna-international Court of Justice for an advisory opinion. When
the matter was referred to the International Court of Justice for an advisory opinion, it said
those who don't participate in voting, participate in the proceedings and at the time of voting,
they... if they escape, they are supporting the majority decision. The matter was put to an end.
That is how the problem is solved. Otherwise, every time this used to happen. Now the United
Nations just has been, remember, able to do many, many wonderful things. For example, take
the International Court of Justice. In the formative periods, the International Court of Justice
went to the extent of finding out United Nations has a personality of its own. See, when the
Colonel Bernadette, a Swiss national, who was serving as a colonel in the new city of Jerusalem
was murdered by a gang of terrorists. At that time, the Secretary-General of the United Nations
sought an opinion, advisory opinion from the ICJ. In the event of a loss of its employee, in the
event of a loss of a employee of the United Nations, can the United Nations maintain a course
of action against the deceased for his protection? Can his state can also come under the suit?
The United Nations International Court of Justice pointed out, remember, United Nations
employees have a personality of its own. They can sue as well as be sued in their own name.
Then came what we call as the, which nobody tells effect of awards to the Administrative
Tribunal. Then Administrative Tribunal is constituted by the United Nations-

00:26:07,976 --> 00:26:08,276 [speaker_5]

Lauren.

00:26:08,286 --> 00:26:28,176 [speaker_0]

... to enforce the contract of service of the employees of the United Nations. So there are
thousands of employees of the United Nations. To enforce the contract of service between the
Secretary-General, because he is the one who issues the letter of appointment, as well as the
employee, they can go before the Administrative Tribunal.

00:26:28,186 --> 00:26:28,186 [speaker_5]

(coughs)

00:26:28,196 --> 00:27:53,976 [speaker_0]

The Administrative Tribunal of the United Nations composed of seven members. They are the
ones who are good in international administrative law. They are the ones who are good in what
we call as the principles of cooperation and international law. Now, what has happened was a
beautiful case. Shortly, I will tell you. There were several employees working in the United
Nations, of which majority of them happen to be American nationals. These American nationals,
when they were working in the state of Soviet Russia, they have leaked out certain information.
When they leaked out certain information, it was against the professional conduct. And the
American grand jury, the American government committed a conduct, appointed a commission
of inquiry. Having committed and appointed a commission of inquiry, charge sheet was leveled
and they were dismissed from service. Now these dismissed employees approached the
International Court of Justice for purpose of compensation. And when they approached the
intla-intern-the International Court of Justice, first they approached the Administrative Tribunal,
and the Administrative Tribunal went to the extent of finding out in a few cases, they restored
the employment. In a few cases, they accepted the termination, and in a few cases, they said
suspension is justified. From there, the matter goes-

00:27:53,996 --> 00:27:54,006 [speaker_5]

(coughs)

00:27:54,006 --> 00:30:21,556 [speaker_0]

... before the United Nations. At that time, the International Court of Justice pointed out even
employees of the United Nations are subjects of international law. See, it is not only states,
even the employees of the United Nations are subjects of international law. Now, when we
come to the last part that is relating to the, what we call as the, uh, WTO and other things,
United Nations has employed several organizations for purpose of promoting international
trade. Now, when we, when they have appointed several organizations for purpose of
promoting international trade, now these organizations are supposed to carry on according to
their objectives. And these objectives are well-known. Now for example, WHO, you might be
knowing for the promotion of health, you have World Health Organization. For the promotion of
agriculture, we have Food and Agricultural Organization. For the promotion of culture, we have
what we call as INA- UNESCO. That is only for the promotion of culture, for the promotion of
antiques and many other things. Now similarly, what has happened was we had an institution
which is known as GATT, General Agreement on Trade and Tariffs. The agreements on trade in
tariff, remember, did not have an enforcing agency. And it was only dealt with the eg- the trade
in goods only. No other things other than trade in goods. Now it was carrying on, but then many
people were asking that there is time that the GATT should be revised. So hence a meeting
takes place, started taking place in 1986, September 20th. So the meeting which started taking
place on September 20th met almost nine times. And ultimately on the 10th time, it adopted
what we call as the WTO. During the course of these ten discussions that have taken zoom all
through the ten years, many matters were discussed. First and foremost, they, they said
intellectual property matters are to be discussed. Having discussed intellectual property, they
wanted to have service agreement in services. They wanted to have many other things, as
many as 29 items and agreements all signed in the... It was signed in the year 1994, and it
came into existence in 1995.

00:30:21,576 --> 00:30:21,606 [speaker_5]

(coughs)

00:30:21,606 --> 00:30:44,140 [speaker_0]

Now, I just intend to speak to you only those things which are relevant.... the WTO provides for
a settlement of disputes. In the ordinary course for perishable goods, the discussion through
mediation can take place now just within two weeks, and the matter gets settled there.

00:30:44,150 --> 00:30:44,150 [speaker_6]

(coughs)

00:30:44,200 --> 00:31:45,020 [speaker_0]

And if it is not a perishable goods and there are se- serious legal issues are there, the matter
goes to the tribunal. From the tribunal, remember, it goes to the appellate body. And in
tribunal, there will be scholars in the area of international trade law. They will decide, and the
parties can go and clash out their differences. And the appellate body is the final and final
verdict. One point I just wanted to tell you. There are only a few cases which have gone before
the appellate body. There is a reason for it. The expenses which will go to the appellate body
will be huge. It is more than 500 million dollars. African states cannot think of going there, to
the appellate body. It is not for the poor, poor states. And simultaneously, the richer states like
India also cannot go every time. When only certain serious things are affected, they can go.
Once or twice, we also have gone

00:31:45,060 --> 00:31:45,630 [speaker_7]

(speaks foreign language)

00:31:45,900 --> 00:32:02,260 [speaker_0]

... rights, and several other cases which have gone, medicines in the recent past. Very
expensive, and it takes time also, and for which you have to spend a lot of money. And it will
have, remember, telltale effect on your exchequer.

00:32:02,270 --> 00:32:02,270 [speaker_6]

Yeah.

00:32:02,300 --> 00:32:28,330 [speaker_0]

In the recent past, because of the attitude of huge money that is being involved, it is not
functional. And in the meanwhile, the function of the appellate body is being criticized.
Suppose, for example, if a judgment comes in favor of the poor countries, and there are people
like the present ones in the West who will criticize. "What a judgment it is, and it should be in
favor of us. Imperialism is dead. Long live imperialism."

00:32:28,330 --> 00:32:29,020 [speaker_6]

(coughs)

00:32:29,100 --> 00:33:28,040 [speaker_0]

That is the attitude which is being practiced. Now, there are several disputes which have come.
Now, the fundamental point is, which I just wanted to harp upon regarding the intellectual
property rights. When I speak about the intellectual property rights, these are companies. Many
of the majority of the companies are Western-born established companies. Multinationals, you
may be knowing, are known for market manipulation, environmental pollution, and consumer
exploitation. Very well said, this is. And these products, remember, are sold in the market at a
very higher rate. I can just give you one instance, one instance, an instance relating to a
particular patient who happened to be his... uh, my friend. When we were working in Bahrain,
he was a chartered accountant. After some time, he came back to India. One fine morning, he
telephoned me.

00:33:28,049 --> 00:33:28,049 [speaker_6]

(coughs)

00:33:28,100 --> 00:33:57,140 [speaker_0]

I was working in Bangalore University at that time. Then he said that, "There, there is some
problem in Vishwa Manipal Hospital." So in the evening, I went in a rickshaw and sat by the
side. Then he showed his wife. Remember, she has undergone a kidney pla- transplantation
operation. I did not say anything. Then he showed me a bill which is issued by the hospital. And
the bill was... This is, I am telling the story of 2003.

00:33:58,100 --> 00:33:58,549 [speaker_6]

(laughs)

00:33:58,549 --> 00:34:53,260 [speaker_0]

One lakh sixty-two thousand. Then I asked, "What is this one lakh sixty-two thousand?" Then he
said, "Soon after the kidney is transplanted, remember, you have to admit... in- inject an
injection. And this injection will see to it that the kidney remains where it were. Otherwise, it will
slip away. Once it slips away, you will slip away from life instantly." Then there are some
doctors known to me very well. I just asked, "What is this and what would be the cost?" They
said, "It may be costing 5,000 rupees only, maximum." And these pharmaceutical companies,
pharmaceutical companies charge so heavily. That means the profit which you make is
inestimable, and it goes beyond any reason.

00:34:53,270 --> 00:34:53,610 [speaker_6]

(laughs)

00:34:53,610 --> 00:36:41,112 [speaker_0]

And there were criticisms also which came in. I gave only one example before that. And when
the criticisms came, when the criticisms came, what has happened was, the pharmaceutical
companies, they called a meeting in England. And in London, they said, "We are not bishops
into business." Because bishops, remember, are not supposed to carry on business. They are
supposed to work on ethical principles. But then you think of the situation now, how much did
this money is made by pharmaceuticals? Vajpayee was right when he made a statement as
prime minister of the state of India, and even before he became the Prime Minister of India.
First and foremost, in regard to medicines, it is availability and affordability. Suppose, for
example, if I say it is available in the market, how many of them can buy it? Is it a-affordable to
you? Suppose, for example, one medicine like this, if you give one lakh sixty-two thousand,
where will you go for the other expenses in the hospital? Other expenses are more than this,
ten times more than this. So these are certain factors which everyone should know. Now one
last in-instance happened to be an instance related to pharmaceuticals. In the African
continent, several states were infected with AIDS. When they were infected with AIDS, certain
American companies, pharmaceutical companies visited these countries. And having visited
these countries, they said, "We will prepare an AIDS kit."... and this AIDS kit is good enough for
one year per person. And some of the countries like Gambia-

00:36:41,132 --> 00:36:41,142 [speaker_8]

(coughs)

00:36:41,142 --> 00:38:00,062 [speaker_0]

... and you have Togo, their per capita income is not even hundred dollars. And the value of per
kit is $12,500 to $15,000. So per person, you have to shell down almost $12,500 to $15,000 as
the country w- will remain, it will be liquitated- liquidated. So at that time, some of the Indian
companies went there. Having gone there, they assured the government saying that, "We will
also prepare and give a kit with the same compound, with the same chemicals that is being
used by the, uh, other company, and we will charge only for $230 per person per year." And
you can understand, at that time, these multinational companies went to the extent of
threatening the Indian companies. Having threatened them, they said, "We will see that your-
their permission will be canceled from the WHO." See, these are certain activities which still
prevail. And although we say imperialism is dead, superpowers' rule and conduct is still
questionable. These are a few things which I just wanted to highlight to you, and you can think
and can read over. Remember, always matters-

00:38:00,072 --> 00:38:00,122 [speaker_8]

(coughs)

00:38:00,122 --> 00:38:12,392 [speaker_0]

... related to peace and security are accompanied with the cooperation along with the human
rights is the base- basic objective of the United Nations, and that will be the objective even in
future. Thank you.

00:38:13,532 --> 00:38:18,492 [speaker_9]

(clapping)

00:38:22,052 --> 00:39:11,132 [speaker_10]

Thank you, sir. It was indeed an enlightening session where all of us learned the nuances of
international law. Now, if anyone has any questions or doubt, you may kindly ask sir. You may
raise your hand if you have any doubts. Now, I would like to call upon Kavyanjali of seventh
semester BALLB to deliver the vote of thanks.

00:39:14,872 --> 00:39:57,672 [speaker_11]

Good morning to one and all present here. It is my proud privilege to deliver the vote of thanks
on the occasion of 23rd Nyaya Darpana Lecture Series on Role of International Institution in
Present Day World, organized by MKPM RV Institution of Legal Studies. First and foremost, I
extend my heartfelt gratitude to our guest speaker, professor, Doctor TR Subramanian sir.
Thank you, sir, for taking time out of your valuable schedule to be with us today. Your presence,
insight, and guidance have truly elevated this event and inspired out all of us. Now, I request
our beloved principal, Doctor Anjanareddy K.R. sir to felicitate the guest speaker, professor
Doctor TR Subramanian sir.

00:39:57,682 --> 00:40:26,532 [speaker_9]

(clapping)

00:40:26,892 --> 00:40:36,052 [speaker_11]

Thank you, sir. Now, I extend my gratitude to our respected principal, professor, Doctor
Anjanareddy K.R. sir for his unwavering support and vision.

00:40:36,062 --> 00:40:36,062 [speaker_8]

(clapping)

00:40:36,092 --> 00:40:58,832 [speaker_11]

I also extend my sincere gratitude to IQAC coordinator and academic coordinator, Miss.
Bhavana C. Mam, for her dedication and support. A special thanks to Doctor Hanumaprakar Sir,
coordinator of Nyaya Darpana Lecture Series and a Professor of Law. And also, I thank all our
faculty members and non-teaching staff for-

00:40:58,842 --> 00:40:59,082 [speaker_8]

(clapping)

00:40:59,082 --> 00:41:09,292 [speaker_11]

... your cooperation, encouragement, and assistance in making this event successful. Last but
not the least, I thank all my dear friends for being this part of this program. Thank you one and
all.

00:41:09,302 --> 00:41:16,652 [speaker_9]

(clapping)

00:41:16,661 --> 00:41:26,272 [speaker_10]

Thank you, Kavyanjali, and thank you all.