Question

The Treaty Division of the Ministry of External Affairs of India has been engaged in negotiating several new treaties on transfer of technology from countries such as USA, Sweden and Germany. The contextual background of these recent rush for new treaties is the Paris Climate Accord which obligates developed and developing countries to reduce greenhouse emissions. The developed countries have been backtracking on their commitments by citing unfair treatment vis-a-vis developing countries for whom have been set lower emission standards/targets to achieve as a part of the global commitment towards climate change reduction initiative. Surprisingly, despite burgeoning energy needs for a huge energy guzzling population, India has performed very well in reducing greenhouse emissions. It is all the more commendable since developing countries collectively have pitched in for using fossil fuels to generate energy owing to a lower level of technological and industrial state of development. However, given the fast climatic change that Earth is experiencing and acknowledging that developing countries indeed house majority of global energy requirements in order to meet the development goals for its populations, there is imminent need for developing countries to have access to green technologies.
Even though India has been striving hard to draft multilateral as also bilateral treaties for transfer of technology, major tech countries have been going slow on this count, little realizing that their individual concerns are likely to exacerbate irreversible climatic changes and eventually when the technology transfer treaties are eventually negotiated and agreed upon, it might be a case of too little and too late. International policies on technology transfer are controlled by powerful MNC’s and TNC’s. The clout of these corporations is very carefully cultivated and even the most powerful governments find it difficult to break free. Even though UN has mandated through its UNGA resolution 54/50 (1990) to urge “Member States to undertake multilateral negotiations with the participation of all interested States in order to establish universally acceptable, non-discriminatory guidelines for international transfers of dual-use goods and technologies and high technology with military applications; encourages UN bodies to contribute, within existing mandates, to promoting the application of science and technology for peaceful purposes”, there has been little adherence to this principle, despite Paris Climate Accord having been agreed upon by the global community.
You are an intern at the office of MEA and are aware that some of the multilateral treaties on Transfer of Technology favor the rich and powerful nations which in turn is actually a favour to the big corporations. The colleagues laud you as a resident TWAIL enthusiast. You are also aware that hazardous technology and substances are heavily regulated in the developed countries but these technologies and substances are exported to countries such as India, which by reason of late liberalisation of market economies, nascent state of privatization and lack of financial resources for building adequate infrastructure, have little bargaining power which is coupled with inadequate knowledge of handling such technology. Bhopal Gas Tragedy is a constant pointer in this regard when the Treaty Division is preparing a draft for technology transfer treaty. Govt. of India is now planning to take one of the tech controlling nations (imaginary / real country) to WTO DSB/ ICJ for enforcing its commitment under customary international law, WTO Rules, the UN framework as also the Paris Climate Accord for a fair negotiation on technology transfer. Your supervisor has asked you to answer these questions in an upcoming meeting:
1. International Law has norms with varying degrees of cogency, persuasiveness and consensus. These are often divided into ‘soft’ and ‘hard’ norms. As a practitioner of International Law from India, how do you examine the enforceability of such norms? Which of these norms favor countries like India? Do these norms always bring about enforceable rights and duties in International Legal Framework?
2. Your supervisor believes that evolution of customary international law has an inseparable connection with the rise of capitalism in the Europe. She believes that it is used to sustain a historical social order. Under this context, she wants you to prepare a brief with examples from areas of international law ascertaining the value of Customary International Law as a source of International Law.

Answer 1

Answer:

you don't given the space when you asking the question so I don't understand use space in the number 1 number 2 to use space place so I