Obama’s Sojourn – Symbolism or Substance?

Must Read

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...

Follow us

[mks_dropcap style=”letter” size=”52″ bg_color=”#ffffff” txt_color=”#59d600″]T[/mks_dropcap]he media space has been abuzz with speculations and expectations regarding the upcoming visit of the US President Mr. Barack Obama. High hopes are riding on the new found bonhomie of the the pluralistic democracies. But the build up of such high hopes often overshadows the pragmatic views on  international diplomacy. Our relations with the US goes back to 1949 when Mr. Nehru made a visit to the US, which was followed by the high-profile visit of the US President Eisenhower in 1959. But both these visits failed to yield any landmark results. The Cold War ensured the Pakistan would continue to get the US assistance and funds in spite of our vehement opposition.

Taking a closer look at the prevailing ground realities, one should view the summit with cautious optimism with get over ambitious for results. Both the countries wish to engage themselves on the issues related to bilateral trade, climate change, defense and civil nuclear sector. But the road ahead is not smooth. There are numerous stumbling blocks which might preclude any significant outcome, if not outrightly stymie the summit itself. TRIPS, BIT and civil liability for Nuclear Damage Bill are such issues which would require strong deliberations.

The Civil Liability for Nuclear Damage Bill remains the core issue of discussion. The US companies( which aim for a large pie in nuclear energy sector) are wary of the clause in the Bill ,which makes the supplier directly liable for any nuclear mishap. The clause 46 of the Act relates to open-ended liability which puts unlimited liability on the supplier for any nuclear mishap. The US has been pushing for implementation of 123 Agreement which  has been under freeze owing to the aforesaid Bill. It is still to be seen whether the issue will be resolved through the mechanism of insurance consortium.

TRIPS and BIT are the other issues on which the two countries are yet to reach a consensus. Even though the differences over IPR is being resolved through  a working  group on Intellectual Property, no headways seems to have been made yet. The strong lobbying by the US pharma companies has  constantly been goading New Delhi to amend its IP laws. The US Trade Representative’s Annual Special 301 Report continues to keep India on “ priority watch list” for its lax IPR laws. India wants to resolve these differences over IPR through bilateral talks rather than being subjected to any unilateral action. The US has also expressed in no unclear terms its unequivocal opposition to India on exclusion of IPR and taxation from the ambit of India-US BIT.

In the wake of climate change agreement between the US and China, the US expects India to take affirmative actions on climate change. This in spite of the fact the recently concluded COP 20 at Lima had only asked government all over to present their Intended Nationally Determined Contributions (INDC) in Paris this year. The Lima accord to which India is a signatory had not asked for any details of how it plans to cut emissions. New Delhi has thereby rightly maintained its commitment to rights of poor countries and also the longstanding principle of common but differentiated responsibilities. India seeks more and funds and technological assistance form the developed nations for mitigation of climate change.

The contentious issues not withstanding, India remains a key ally in Obama’s Asia Pivot. A sustained and healthy relation between the two nations are not only symbiotic but also critical to peace and stability in the strife stricken West and Central Asia. Both the nations need to create long term cooperative strategies that accommodates each other’s interests. A synchronized policy on Asia is the way forward. US needs to build confidence by assuaging  India’s concerns on Afghanistan and Pakistan. The geopolitical, geo-economic and realpolitik scenario presents before the two nations, a great opportunity to take the relations to greater heights, this must not to lost to domestic politics or compulsions.

Latest News

Gujarat High Court Directs To Register Name of Petitioners in the Society Records as Owners of Property, as per Will

A single-judge bench of Gujarat High Court consisting of Honourable Justice Biren Vaishnav, because probate wasn’t necessary and that the petitioners were entitled to...

If No Complaint Is Filed, No Further Orders Are Required To Be Passed: Telangana High Court

Excerpt In Matlakunta Sundaramma vs The State Of Telangana, on January 8, 2021, the Telangana High Court decided that there is no requirement of passing...

Gujarat High Court Allows Report Filed by Official Liquidator for Dissolution of the Company

The present report had been filed by the Official Liquidator for the dissolution of M/s AtRo Limited under the provisions of Section 497 (6)...

Parents of Road Accident Victim Entitled To Compensation: Delhi High Court

Justice JR Midha said, “Even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.”

Plea Challenging the AIBE Rules Framed by BCI Filed in the Supreme Court

A Writ Petition was presently filed in the Supreme Court by a newly enrolled lawyer challenging the All India Bar Examination Rules 2010 which have been framed by the Bar Council of India which mandates that an advocate has to qualify for the All India Bar Examination (AIBE) to practice law after enrollment.

Bombay High Court: Mere Presence at the Crime Scene Not Enough for Punishment

The Bombay High Court ruled that it cannot be considered a crime if a person is merely present at the crime scene which falls under the Maharashtra Prohibition of Obscene Dance in Hotels and Restaurants and Bar Rooms and Protection of Dignity of Women Act 2016. It also quashed two First Information Reports (FIR) against two individuals who were arrested in a raid at a dance bar by the Santacruz Police, in 2017.

CAIT Files a Plea Against WhatsApp’s New Privacy Policy in the Supreme Court

Confederation of All India Traders (CAIT) has filed a petition against WhatsApp’s new privacy rules in the Supreme Court. The petition says that WhatsApp which is known to render public services by providing a platform to communicate has recently imposed a privacy policy that is unconstitutional, which not only goes against the fundamental rights of citizens but also jeopardizes the national security of our country.

RTI Activist Files a Plea in Bombay High Court Against Bharat Biotech’s Covaxin

On Saturday, a plea has been filed before the Bombay High Court by an activist stating that Bharat Biotech Covaxin had not been granted full approval but a restricted use in clinical trials according to the Drugs Comptroller General of India. The Company's phase 3 trials are ongoing and the DGCI has not made any data available in the public domain for peer- review by independent scientists.

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

More Articles Like This

- Advertisement -