Intl legal regime can't take away power of local courts
CJ said Indian experience in protecting rights of indigenous people was worth trying in other parts of the world.india Updated: Jun 09, 2006 10:33 IST
India will adopt international law as long as there is no inconsistency between domestic law and international law or when there is a void in domestic law, Chief Justice of India Justice YK Sabharwal said on Friday.
The New World Legal Regime for settlement of International Commercial disputes cannot take away inherent power of domestic courts, he said this while addressing plenary session on 'Rights of Indigenous People' at the International Law Association (ILA) Biennial Conference that concluded here yesterday.
"India will adopt international law as long as there is no (no) inconsistency between domestic law and international law or when there is a void in domestic law," he said.
More than 750 participants from 59 countries, including Cherie Blair, a prominent lawyer and wife of British Prime Minister Tony Blair, Hans Blix, a United Nations Weapons inspector, Lech Walesa, a one-time leader of Polish Solidarity movement, and former President of the Poland addressed the Conference.
The Supreme Court of India had also been sensitive to developments in international law. By judicial interpretations and pronouncements, it had sought to incorporate core principles embodied in the international conventions and instruments in the domestic law to fill gaps as long as they not inconsistent with municipal law, Justice Sabharwal said.
Appreciating the contributions made by the association in international commercial arbitration, international trade law, international foreign investment law and the teaching of international law, Justice Sabharwal said it was equally important that the experience of a country like India should be reflected in the work of the association in the same way as the world of international law in India.
Referring to rights of indigenous people, he said Indian experience in protecting rights of indigenous people was worth trying in other parts of the world.
The international law concerned regarding indigenous people could be meaningfully addressed in terms of seeking solutions only when the existing legal framework of countries like India was taken up for the study as models, he said.
FS Nariman, an eminent jurist, demanded fair representation to India in International Law bodies so that it could play a larger and constructive role in development of international law.
It would enhance the effectiveness, credibility and legitimacy of the International Law Association, International Criminal Court, and other legal bodies, he said.
"Fair representation must be given to states on geographical basis," Chief Justice of Delhi High Court Vijender Jain said, adding "free market economy should be given wider connotation and interpretation and that should include a free exchange of human resources."