Law & justice in globalised world

Dr. Tabrez Ahmad
Professor of Law
Law & Justice in Globalised World
Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com 1

Agenda
o Globalisation
o Meaning,
o Scope,
o Dimensions
o Social
o Political
o Economic
o Impact of Globalization on Agriculture
o Globalisation of Energy
o Meanings
o Forms
o Consequences
o Relevance
Dr. Tabrez Ahmad,

 Global Justice : Concepts and Relation with Human
Rights
 Priorities of Global Justice
 Theoretical Preposition of Global Justice
 Global Ethics, Implications
 International Relation in Global Ethics
 Emerging Models of Global Energy Justice
 Concept of Energy justice
 Energy Justice and Sustainable Development
 International Security Public Order and Rule of law
 Concept of International Security
 Public order
 Multilateral system
Dr. Tabrez Ahmad,

 History of Foreign Trade in India
 Foreign Trade Act
 Foreign Trade Policy 2009-14
 Incentives Schemes
 New Initiatives
 Organizational Setup
Dr. Tabrez Ahmad,

Dr. Tabrez Ahmad,

• Import control was introduced in 1940
• In 1946 the Emergency provisions ordinance was promulgated to
continue the import trade control
• Import and Export(control) Act came into force with effect from 25th
march 1947
• Finally the Import and Export(control) act was replaced by the
Foreign Trade(Development and Regulation) Act in 1992.
History Of Foreign Trade In India
Dr. Tabrez Ahmad,

MAIN PROVISIONS:
1. Development and Regulation
2. Prohibition and Restriction
3. EXIM Policy
4. Director General of Foreign Trade
5. Importer - Exporter Code Number
6. Issue and Suspension/Cancellation of license
7. Search, Inspection and Seizure
8. Penalty for Contravention
Foreign Trade Development Regulation Act
Dr. Tabrez Ahmad,

In the last few years, robust growth in
merchandise exports
From US$ 63 billion in 2003-04 to US $ 168 billion
in 2008-09.
Share of global trade (WTO estimates):
2003 2008
Merchandise trade 0.83% 1.45%
Commercial Services 1.4% 2.8%
Goods & Services
Trade
0.92% 1.64%
Source : Annual report of foreign trade policy
India’s Foreign Trade
Dr. Tabrez Ahmad,

Year Export %
Growth
Imports %
Growth
2004-05 83.53 30.8 111.52 42.7
2005-06 103.09 23.4 149.17 33.8
2006-07 126.26 22.5 185.60 24.4
2007-08 162.90 29.0 251.65 27.0
2008-09 185.29 13.6 303.69 20.7
2009-10 178.75 -3.52 288.37 -5.01
Source: Ministry of commerce
India’s Foreign Trade Exports & Imports
(Figures in US$ billion)
Dr. Tabrez Ahmad,

Major Hurdles faced by Indian Exporters:
Rupee Appreciation by about 12% in the year
2007-08
Global Economic Slowdown and Recession in
Developed Economies during 2008-09 and its
impact.
High Interest Rates
Ban on exports of certain food products since
2007.
High Incentives provided by some of the
countries like China, Bangladesh etc.
Reasons for Export Decline
Dr. Tabrez Ahmad,

Country 2008-09
($ bn) % share in
Total
1 USA 19.7 12%
2 United Arab Emirates 17.8 11%
3 China 8.5 5%
4 Singapore 7.6 5%
5 Hong Kong 6.4 4%
6 United Kingdom 6.2 4%
7 Germany 5.9 4%
8 Netherlands 5.9 4%
9 Saudi Arabia 4.8 3%
10 Belgium 4.3 3%
Major Export Destinations
Dr. Tabrez Ahmad,

Commodity 2008-09
($ bn)
% share
in Total
1 Petroleum, Crude and products 93.1 32.36%
2 Machinery, Electrical and non-electrical 24.3 8.44%
3 Electronic goods 21.5 7.48%
4 Gold and silver 19.5 6.76%
5 Fertilizer, crude and manufactured 13.6 4.72%
6 Pearls, precious and semi-precious 12.8 4.44%
7 Organic and inorganic chemicals 12.8 4.43%
8 Coal, coke and briquettes 10.5 3.64%
9 Iron & Steel 9.5 3.30%
10 Metaliferrous ores and metal scrap 8.3 2.89%
Major Import Commodities
Dr. Tabrez Ahmad,

Short Term Objectives:
 To arrest and reverse the declining trend of exports; and
 To provide additional support to those sectors which have been
hit badly by recession in the Developed World.
Medium term Policy Objectives :
 To achieve an Annual Export growth of 15% with an Annual
Export Target of US$ 200 billion by March 2011.
 To achieve an Annual Export growth of around 25% by 2014.
 To double India’s exports of goods and services by 2014.
Long Term Objective :
 To double India’s share in Global Trade by 2020.
Foreign Trade Policy 2009-14
Dr. Tabrez Ahmad,

 Vishesh Krishi and Gram Udyog Yojana (VKGUY)
 Focus Market Scheme (FMS)
 Focus Product Scheme (FPS)
 Market Linked Focus Product Scheme (MLFPS)
Promotional Measures/ Incentive Schemes
Dr. Tabrez Ahmad,

 To promote exports of :
(i) Agricultural Produce and their value added products
(ii) Minor Forest Produce and their value added variants
(iii) Gram Udyog Products
(iv) Forest Based Products and
(v) Other Products, as notified from time to time.
 VKGUY benefits are granted with an aim to compensate high
transport costs, and to offset other disadvantages.
Vishesh Krishi & Gram Udyog Yojana
(VKGUY)
Dr. Tabrez Ahmad,

 Objective is to offset high freight cost and other
externalities to select international markets
with a view to diversify the markets and to
enhance India’s export competitiveness in these
countries.
 Currently 109 markets have been notified
Focus Market Scheme
Dr. Tabrez Ahmad,

 Objective is to incentivize export of such products
which have high export intensity / employment
potential, so as to offset infrastructure
inefficiencies and other associated costs involved
in marketing of these products.
 Currently over 1000 Products covered under FPS.
Example: Green Technology products
Focus Product Scheme
Dr. Tabrez Ahmad,

 To promote exports of products of high export intensity but which
have a low penetration in countries
 Currently over 1550 products covered under MLFPS.
Market Linked Focus Product
Scheme (MLFPS)
Dr. Tabrez Ahmad,

Higher Support for Market and Product Diversification
 26 new markets added under FMS
(16 in Latin America, 10 in Asia-Oceania)
 Incentive under FMS raised from
2.5% to 3%.
 Incentive under FPS raised from
1.25% to 2%.
Foreign Trade Policy – 2009-14
New Initiatives
Dr. Tabrez Ahmad,

Higher Support for Market and Product
Diversification (contd.)
 New products under FPS :Engineering products, Plastic (value
added products),Technical Textiles, Green Technology products ,
vegetables, textiles and certain Electronic items.
 New products/markets under MLFPS : Pharmaceuticals, Synthetic
textile fabrics, value added rubber products, value added plastic
goods, textile made ups,, glass products, certain iron and steel
products
. Benefits to these products will be provided, if exports are made to
13 identified markets (Algeria, Egypt, Kenya, Nigeria, South Africa,
Tanzania, Brazil, Mexico, Ukraine, Vietnam, Cambodia, Australia
and New Zealand).
 The above markets also included for existing products i.e. Auto
Components, Motor cars, Bicycles & Parts, Apparels.
New Initiatives
Dr. Tabrez Ahmad,

To Support Various Sectors Like
 Gems & Jewelers Sector
 Pharmaceutical Sector
 Agriculture Sector
 Leather Sector
 Handloom sector
New Initiatives
Dr. Tabrez Ahmad,

Ministry of commerce
Autonomous
bodies
Public sector
undertakings Advisory body
Attached and
subordinate
Office
ORGANISATIONAL SET UP
Dr. Tabrez Ahmad,

• The Ministry of Commerce, Government of India, is the most important
organ concerned with the promotion and regulation of the foreign trade of
the country.
• Matters related to foreign trade are dealt with by eight divisions in the
Department of Commerce.
• i) Administrative and General Division, (ii) Finance Division, (iii) Economic
Division, (iv) Trade Policy Division, (v) Foreign Trade Territorial Division,
(vi) Exports Products Division, (vii) Services Division, and (viii) Industries
Division.
Ministry Of Commerce
Dr. Tabrez Ahmad,

• Export Inspection Council
• Indian Institute of Foreign Trade
• Indian Institute of Packaging
• Export Promotion Councils, Commodity Boards and Authorities
• Federation of Indian Export Organisation
• Indian Council of Arbitration
• India Trade Promotion Organisation
Description Of Autonomous Bodies
Dr. Tabrez Ahmad,

• The State Trading Corporation of India and its subsidiaries
• The spices Trading Corporation
• The Minerals and Metals Trading Corporation of India and its subsidiary
Public Sector Undertakings
Dr. Tabrez Ahmad,

Central Advisory Council on Trade: The Central Advisory Council on
Trade, consisting of representatives from different organisations and
individuals with business standing and expertise in the field of trade
and commerce, and headed by Commerce minister.
Advisory Body
Dr. Tabrez Ahmad,

• Office of the Director General of Foreign Trade (DGFT)
• Office of Development Commissioners
• Director General of Commercial Intelligence and Statistics
Attached And Subordinate Offices
Dr. Tabrez Ahmad,

Conditions in the 21st Century
National Security Today
Risks and Dangers - Violence and War
Search for a New World Order

 globalisation and interdependence increasing
 information and communication systems create a
new public consciousness & worldwide reactions
 scarceness of natural resources lead to intense
competition, increase importance of science &
technology - education, research & adaption of
 environmental concerns and impacts gain weight
 global interaction and growing entanglement of
cultures create change in societies and structures
 instead of existential threats - instability & risks
World in Changed Global Scenario

Worldwide Net of Communication & Info - worldwide
availability of knowledge & info -new chances to influence
world society
Economy:world trade = “inland market”
new mobility of capital, goods, services
Society: the world as “global village” - migration + the
importance of cultures and identities
Security threatened by new dangers - increase of private
violence - “new wars” - grey zone: security internal/ external -
terrorism
Political: reduced importance of the nation states -
deficiencies of the world order - open insight into
governance and markets
Aspects of Globalisation

 Demographic development and migration
 Management of information, communication and
transport nets - access & protection
 Economic boundlessness & entanglement
 environmental risks: their global & local impact
 Request & Availability of natural ressources ( raw
materials, energy, water, etc. )
- Lack of consistent understanding & solutions
- Lack of vision for necessary structures - role of the state
- How to link markets and societies ?
- How to secure this world against risks & dangers ?
Globalisation Uncertainties

 economic globalization rated as chance to draw up in
East - and South Asia, skepticism in many other areas:
fear of cultural erosion and political tutelage
 information, communication & transport are key areas
for the dynamics of further globalisation
 pressure towards more efficiency (good governance),
democratic structures, observance of human rights
 trends towards a one - world society & world market
 New constellation of powers becomes apparent
 Transnational cooperation and global governance -
survival conditions for the future

Violent Controversies
 Societies in change: weakness of values, norms,
traditions-missing ties & orientation
 Decline of traditional authorities - upcoming of
new actors & elites
 Failure of the European model of nation state in
parts of theThird World
 Increase of private and economically inspired
violence enhanced by ideologies
 Clandestine & open interventions

Peace
Conflict
hidden-open
Crisis
open violence
War -
organized violence
Armistice
deescalation
New
peaceful order
Prevention
Conflict-
management
Peace-
enforcement
Reform
Conflict Scheme

 Operational: to prevent
escalation
 early warning
 mediation: in-time;
dialogue; solution
 economic measures:
sanctions+incentives
 military measures:
security+deterrence
 Structural:work at
causes
 justice and rights
between & in states
 well-being: poverty,
social justice, political
participation etc
 security: for states,
groups & individuals
Prevention

 Increasing probability of violent conflicts
 appearance of wars is changing (span from high-
tech-wars to archaic eruption of violence)
 Basic nature of military forces will not change.
Political instrumentation and the spectrum of
engagements will vary and find new forms
 Overlapping tasks between military, police,
public, humanitarian and reconstruction services
 Europe`s ability to influence the new world order
dependant on capabilities for crisis management

Intervention - Nation Building
Political Stability
structures - institutions
Overcoming Poverty
functioning economy
Military & Police
Security
Civil Infrastructure
social coherence
Nation Building
- prohibit violence/disarm adversaries/control border crossing
- Built - up of indigeneous state security forces
- fight rebellion, group forces, - war on terror
- protect minorities, fight criminal elements

Dr. Tabrez Ahmad
Professor of Law
Dr. Tabrez Ahmad http://energylex.blogspot.in 38

Agenda
 The globalization and human rights nexus
 Definitions and Implications
 Case studies
 The oil and beverage industries – who knew?
 Where do we go from here?
 Things we can do
 Resources

Globalization and Human Rights

What is globalization?
Ongoing
process
Across Time
and Space
Integration
Economies
Communication
Ideas
Trade

Examples of globalization

What are human rights?
Guaranteed Universal
Rights and
Freedoms
Universal
Declaration
of Human
Rights

Examples of human rights
- Freedom of assembly
- Freedom of religion
- Right to life
- Freedom of expression
- Right to equality before
the law
- Freedom from
discrimination
Clip

Globalization and
human rights
 Companies operate across borders and are gaining
increasing influence and power
 Corporate activity has not always benefited the society
it operates in
 There are few effective tools to prevent human rights
abuses or hold companies accountable
 People affected are left powerless and vulnerable
 Natural environments are exploited, unprotected, and
have devastating long-term implications

What’s happening in the world?

International Scenario
Case #1
A large oil company begins
operations in Nigeria. As
people living in the oil-
extraction region begin to
voice their concerns with
regards to environmental
and worker abuses, the
company finances the
military who then conduct
mass raids. The leader of the
group calling for justice faces
unfounded accusations
and is eventually executed.

Wiwa v. Royal Dutch Shell
ABC News (http://www.abc.net.au/news/stories/ 2009/06/09/2593497.htm)
Shell began oil production in Nigeria in 1958 and
worked with the government to quell opposition
to its presence. Shell financed and assisted
violent military raids against popular
movements by the Ogoni people who raised
concerns with respect to the widespread poverty,
inequalities, human rights abuses, and
environmental degradation occurring in the
region. Wiwa, the founder and leader of the
human rights group called Movement for the
Survival of the Ogoni People, was falsely
accused, arrested, detained, convicted, and
executed by hanging in 1995. The case of
Wiwa v. Royal Dutch Shell was brought by
human rights groups and lawyers against
Shell on grounds of human rights violations,
crimes against humanity, and torture. In 2009,
Shell agreed to a settlement of $15.5 million.
What are the pros
and cons of
settlements?

Case #2
A large American beverage
manufacturer has partner
factories in Colombia. Both the
beverage corporation and the
partner companies face charges
of directing paramilitary
groups in the intimidation,
kidnap, and murder of trade
unionists. The court dismisses
the case against the beverage
corporation on the grounds that
the events are geographically
too far removed from the
corporations headquarters.

Sinaltrainal v. Coca ColaIn 2001, Sinaltrainal, representing workers in
Colombian facilities, brought an action
alleging Coca Cola’s complicity in human
rights abuses committed by Colombian
paramilitaries against trade unionists. The
claims outline various human rights abuses
including the torture, kidnapping, unlawful
detention, and murder of Sinaltrainal leaders
and members. The case against Coca Cola
was dismissed in 2003 when the Court ruled
that the abuses were too far removed from
Coca Cola’s headquarters in the US.
Subsequently, the case against two of Coca
Cola’s Colombian bottling companies were
dismissed in 2006. The court held that the
plaintiffs’ claims did not suffice to find war
crimes under international law and failed to
draw a close enough connection between the
Colombian government and the three
defendant companies.
How do we draw the
line between
corporations’ “apathy”
with regards to
government action vs.
corporations’ “support”
of government action?
Clip

Indian Scenario
 Bengal- Haldia- Mitsubishi Chemical
 Nandigram- Chemical Industry by Salem Group
 Nano Car
 Mumbai- Enron
 Orissa- Vedanta, Posco
 Bengal- Nano
 BT Cotton By Monsanto
 Narmada Bachao Andolan etc.
Dr. Tabrez Ahmad,

Things we can do
 Learn about human rights issues: they are everywhere
 What’s in the news?
 Raise awareness
 Talk to your family, friends, teachers…
 Spark dialogue and discussion
 Become a member of a human rights group
 Advocate
 Write to the government and speak to community leaders
 Be conscious of everyday life
 Notice where your clothing and food comes from
 Think about how it got to you
 Question how it was made, who was involved, and the impact it
may have no other human beings and natural environments around
the world

Land Reforms
 New Land Acquisition Act
Dr. Tabrez Ahmad,

 World in change leads to new basic and structural
challenges, vulnerabilities, risks and dangers
 Growing interdependence of states, societies and
economies - increase of non-state violence
 Existing system of political, economic, social &
environmental world order inadequate to cope with
the problems - solutions by transnational cooperation
 Security to achieve by a combination of political,
economic, social and military measures
 New rules for intervention necessary
Conclusion

56
Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in

Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in 57

58
Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in

Law & justice in globalised world

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