interesting definitions of nationhood. In a world where even separate nations are joining hands - EU is the biggest example -- and some others are breaking up --USSR -- what is the golden mean?
Umesh
"Which is why, one is prone to say that under the WTO regime, states
party to WTO (and these are mostly third world countries) will have
no other function to discharge other than the executive, the judicial
and the administrative matters. This shows that this definition of
'services' in GATS is an infringement of the economic sovereignty of
a country, said DR Barooah.
Continuing, he said, combine this with the World Bank and the IMF
conditionalities. A country, receiving external aid from these
international financial institutions suffers in matters of economic
sovereignty, he observed."
Chan Mahanta <[EMAIL PROTECTED]> wrote:
party to WTO (and these are mostly third world countries) will have
no other function to discharge other than the executive, the judicial
and the administrative matters. This shows that this definition of
'services' in GATS is an infringement of the economic sovereignty of
a country, said DR Barooah.
Continuing, he said, combine this with the World Bank and the IMF
conditionalities. A country, receiving external aid from these
international financial institutions suffers in matters of economic
sovereignty, he observed."
Chan Mahanta <[EMAIL PROTECTED]> wrote:
'No reason to exclude sovereignty from ULFA-Centre talks'
By A Staff Reporter
GUWAHATI, Nov 3 - There can't be any earthly reason for not
discussing the issue of sovereignty by the Central Government with
the United Liberation Front of Asom (ULFA), said noted political
thinker and former Vice-Chancellor of Gauhati University (GU) Dr DP
Barooah here today. He was speaking to The Assam Tribune on the
issue. "If one were strong on one's convictions about anything,
including sovereignty, why one should shy away from it," wondered the
noted political thinker.
Everybody knows that even after recognising the supremacy of the
Constitution of India, the state of Jammu and Kashmir (J&K) was
permitted to have its separate constitution and flag. The J&K
constitution under its Article 3 has declared the state to be an
integral part of India. The voluntariness of a union is based on the
voluntary participation of its member units, said Dr Barooah.
However, the Indian union did not launch itself as a voluntary union.
Dr B R Ambedkar stated this in the Constituent Assembly. "My view is
that India is a nation state-in-the-making. Because, the
constitutional legacy of the freedom movement and the objectives
resolution of the Constituent Assembly relating to the creation of
fully autonomous states, including residuary powers, were not written
into the Constitution by its makers.
" I believe the post-independence feelings of alienation and economic
grievances in various states of India, including the NE, sprang
precisely from the denial of rightful status of autonomy to the
states or 'federating' units. Therefore, a fresh look at the
fundamental overhaul of the Indian Constitution is the need of the
hour in the interest of national and social harmony," he said.
Giving a background of the concept of sovereignty, he said that the
modern state system arose after the end of the 30-year war among the
European nations in 1648 AD. The modern state system is based on its
sovereign characteristic, meaning thereby, - an independent state is
not subject to the control of any other state whatever. The United
Nations is based on the sovereign equality of its member states
whether big or small.
But today, he said, the concept of sovereignty naturally had to make
room for accommodating the international laws, say relating to human
rights. The concept of absolute sovereignty is precisely not there in
its crucial meaning. For one thing, a sovereign state is bound by
international laws or covenants to which it is a party. Secondly,
when international agreements are signed to which states are parties,
naturally, the states concerned surrender their sovereignty in the
context of obligations they undertake to abide by, said Dr Barooah.
In this context, one may cite the instance of the new GATT agreement
signed at the end of the Uruguay round whence arose the WTO. An
agreement under the WTO regime is the GATS. If one looks at the
definition of 'services' as enunciated under the GATS, it is found
that sovereign governments will have no unlimited say in all
trade-related matters dictated by the WTO.
Which is why, one is prone to say that under the WTO regime, states
party to WTO (and these are mostly third world countries) will have
no other function to discharge other than the executive, the judicial
and the administrative matters. This shows that this definition of
'services' in GATS is an infringement of the economic sovereignty of
a country, said DR Barooah.
Continuing, he said, combine this with the World Bank and the IMF
conditionalities. A country, receiving external aid from these
international financial institutions suffers in matters of economic
sovereignty, he observed.
So, the concept of sovereignty, as it stood originally and at the
time of Henry Maine's definition of sovereignty, - " If a determinate
human superior not in the habit of obedience to a like superior,
receives habitual obedience from the bulk of the society, then that
society, including the superior, is sovereign and independent."
Coming to the Indian Constitution, he said, "I am of the view that
sovereignty of the Indian state is shared between the Centre and the
states. And after the constitutionalisation of the Panchayati Raj
institutions by the 73rd and the 74th amendments to the Constitution
in 1992, I am of the view that state authorities are to be shared at
the district level also covering the local authorities. This I say
having regard to the definition of 'the state' as given in Article 12
of the Constitution of India.
"Therefore, my view is that if someone irrespective of individual or
collective entities wish to discuss secularism, socialism and
democracy as given in the preamble to the Indian Constitution, what
earthly reason could be there for not discussing the issue," said Dr
Barooah.
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