Terror Diplomacy
Palash Biswas
Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, Kolkata- 700110, India. Phone: 91-033-25659551
Email: alashbiswaskl@gmail.com">palashbiswaskl@gmail.com
Milestones in History of India, Pakistan
Aug 13, 2007 (AP Online via COMTEX) -- Some key events on Indian subcontinent:
http://financial.washingtonpost.com/custom/wpost/html-story.asp?dispnav=business&mwpage=story&symb=&guid={F6E19332-76B7-408E-93FA-6879DC3EDC49}&tid=informbox
India, Pak: Two nations, same anti-US sentiment
By Sanjay Kumar and Yogendra Yadav for CNN-IBN
Is America a friend of India? Just who and how many people care for the Indo-US nuclear deal? Across the border, what is the larger sentiment among the Pakistanis as regards the Big Apple? The Indian Express-Dawn News–CNN-IBN– CSDS poll quizzed a sample of urban Indians and Pakistanis to get a sense of how they view the US and its role in the region.
http://www.ibnlive.com/news/india-pak-two-nations-same-antius-sentiment/46776-3.html
India on alert for Independence Day violence
By Simon Denyer
Reuters
Monday, August 13, 2007; 8:31 AM
NEW DELHI (Reuters) - From the mountains of Kashmir to the forests of central India and the troubled towns of its remote northeast, troops are on the streets in a major security crackdown ahead of Independence Day celebrations.
India celebrates the 60th anniversary of independence from British rule on Wednesday, a day traditionally marked by violent attacks by separatist militants or Maoist rebels, and security forces are on their highest level of alert in many areas.
In New Delhi, Prime Minister Manmohan Singh will unfurl the national flag from the ramparts of the historic Red Fort on Wednesday morning to a 21-gun salute, and then address the nation in a speech expected to laud six decades of progress.
Budhia Singh lodges FIR against coach for torture
The complaint alleged that Biranchi Das had inflicted physical and mental torture to Budhia.
http://www.ibnlive.com/videos/46781/budhia-singh-lodges-fir-against-coach-for-torture.html
'92 Riot Report: Much talk, no justice | Why and How?
http://www.ibnlive.com/videos/46764/92-riot-report-much-talk-no-justice--why-and-how.html
Apex court raps government over Kargil purchase scam probe
New Delhi, August 13: The Supreme Court Monday expressed displeasure over the tardy probe into allegations of irregularity in the urgent defence purchases worth Rs.20 billion made during the 1999 Kargil conflict and asked the central government to file a status report on the probe.
US Official to Discuss Security, Politics in Pakistan
Islamabad, August 13: Richard Boucher, Assistant US Secretary of State for South Asia, is due to visit Islamabad for top level security and counter-terrorism talks, officials said Monday.
Mahatma Gandhi is the popularmost Icon of this divided Geopolitics and gandhigiri remains superhit. But India, celebrating 60 th anniversary of Independence is depending on US Terror Diplomacy in its foreign policy as well as in Internal matters. Protection and promotion of US interests represented by MNCs, corporates, promoters and builders has become the topmost priority of neo liberal comradors of this US extended colony comprising the entire Indian ocean Zone. Non Violence is as irrelevant as National sovereignity and freedom. plitical borders have become only a Lion`s share in Power game. that`s all!
Well!West Bengal Governor Gopal Krishna Gandhi today inaugurated the restored Gandhi Memorial Ashram at Sodepur in North 24 Parganas.Mahatma Gandhi had last visited the ashram in 1947.The governor, who is also the grandson of the Mahatma, inaugurated a museum displaying a few of Gandhiji's belongings including a charkha, cot, pair of slippers, besides a number of documents, newspaper clippings and photographs, related to his visits to the ashram, where he had opened a Khadi Kalashala (workshop) in 1947.
The Left is barking on US imperialism and is doing everything in accordance with Washington directives to enhance its campaign for Capitalist development of Buddha Brand.
How far it may go in its protest to Indo US Nuclear deal?
in fact. the Left is also an ingrdient part of brahminical comrador ruling Class committed to Galaxy Post Modern Manusmriti Order ruled by Hindu zionist US Imperialism.
Left is way ahead in the campaign of annihilate Rural India!
The CPM today dismissed the Centre’s idea to float a national-level Commission to address the land related matters.
‘‘Land is a State’s subject and the Centre could do little about it. The idea to float a national-level Commission is nothing but to sidetrack the land struggle launched by the Left in Andhra Pradesh,’’ CPM politburo member Sitaram Yechuri told media persons here on Saturday.
He recalled that there was a ministry in the West Bengal government on land reforms. The Andhra Pradesh government should also think on those lines, he suggested.
Condemning the physical attack on Bangladesh writer Taslima Nasreen, Sitaram Yechuri termed the MIM’s act as ‘unfortunate’. He, however, clarified that the West Bengal government did not invite Taslima to the State. It was the Union Government which granted visa to her, he pointed out.
On the nuclear deal (123 agreement), he said the Left had some objections to the agreement as it would pose a grave threat to the nation’s interests.
Though the Left wanted a debate in the Parliament on the agreement, Sitaram Yechuri ruled out the Left insisting on a division. ‘‘We may differ with the Government on some issues. But, we don’t want to pull it down,’’ he remarked.
During his visits from 1929 to 1947, Gandhiji stayed in the ashram built by one of his closest non-political associates in Bengal, late Satish Chandra Dasguta.
Netaji Subhas Chandra Bose and Pandit Jawaharlal Nehru also had held several discussions with Gandhiji in the ashram.
The 80-year-old building, which had remained in dilapidated condition for years, was restored with the governor's assistance and personal interest.
The Supreme Court on Monday dismissed a petition filed by farmers and landowners in Haryana challenging acquisition of land for setting up of a special economic zone by Mukesh Ambani-led Reliance Industries.
A bench headed by Chief Justice K G Balakrishnan refused to entertain the plea seeking to set aside land acquisition. The petitioners had argued that the state government bought land in a malafide manner to favour the company.
As many as 16 farmers and landlords had challenged the notifications issued under Sections 4 and 6 of Land Acquisition Act, 1894 that authorised state governments to acquire farm land for "public purpose".
Terming the acquisitions as illegal, the petitioners said the land was acquired by Haryana State Industrial Development Corporation for public purpose and was later transferred to Reliance for setting up an SEZ.
According to them, the acquisitions were illegal as the public purpose ceased to exist after the land acquired by HSIDC was merged with Reliance's SEZ.
They alleged that land measuring around 1,800 acre in Harsu, Gurgaon, with current market price of nearly Rs 1.5 crore per acre was given to Reliance at just Rs 27 lakh per acre which was against the interests of farmers.
The Punjab and Haryana High Court had dismissed their petitions seeking to stop acquiring of land in Jajjar and adjacent areas for the Reliance SEZ.
India's plans to increase power capacity by a quarter have been stalled as state governments haven't been able to provide land, adding to the $29 billion in investments jeopardized by local opposition to big projects. The government has shelved plans for half of the eight power plants of 4,000-megawatt each as state governments in eastern, western and southern India have cited occupancy problems on land and disagreements on power sharing, V.K. Garg, chairman of Power Finance Corp., said in a phone interview from New Delhi today.
Proposed investments in coal mines, steel mills, special economic and industrial zones and a motor car plant have been stalled in the past year as local farmers supported by political parties blocked the transfer of land for the projects. The delays undermine India's efforts at garnering investments needed to achieve a target of yearly economic growth of 12 percent by 2012.
Farmers in Raigad in the western state of Maharashtra are protesting against a planned trade zone to be set up by Reliance Industries Ltd., India's biggest company, at an investment of $7.4 billion. The country's biggest truck maker Tata Motors Ltd. faced delays after protests at its $246- million project in West Bengal.
At least 14 people were killed on March 14 at Nandigram village in West Bengal when police clashed with villagers protesting acquisition of their land for an industrial zone being built by Indonesia's Salim Group.
India, which currently generates 128,182 megawatt electricity, wanted to add 32,000 megawatts of generation capacity in the next five years through the planned eight new units. Each of the projects will need at least 2,500 acres (1,012 hectares).
The government has so far auctioned two 4,000-megawatt power projects. Reliance Energy Ltd., India's second-biggest power producer by market value, won a contract to build a 4,000-megawatt project at Sasan in the central Indian state of Madhya Pradesh. Tata Power Co., the country's third-biggest power generator, won the bid to build a similar-sized project at Mundra in the western Indian state of Gujarat.
The government last year said it plans to auction 32,000 megawatts through eight so-called ultra mega projects by 2012.
Projects planned in Maharashtra, home to India's financial hub Mumbai, and the southern state of Karnataka were stalled after the provinces cited problems with the sites they had offered, Garg said.
Orissa state in eastern India is yet to identify land it can offer, while the central province of Chhattisgarh wants to change the terms of its agreement on how much power it can draw from the planned project, he said.
State governments have been facing resistance from farmers and local citizens unwilling to give up their land for factories, townships and export zones.
Striking a cautious note on spiraling land prices in the state, Kerala Chief Minister V S Achuthanandan on Monday said collusion of real estate sharks and hawala operators posed a grim threat to holders of small pieces of land.
Inaugurating the 45th state conference of the Kerala Union of Working Journalists (KUWJ) here, Achuthanandan wanted mediapersons to expose social evils like this.
"Big racketeers are buying up land offering fancy prices to small-holders. There is an increasing collusion between the land mafia and hawala operators behind these deals taking place in the name of creating land banks," he said.
Stating that mediapersons should live up to the social responsibilities expected of them, he said it was their duty to expose social evils like this that posed a grim danger to society as a whole.
Different media might have their partisan interests and mediapersons might not be able to totally insulate themselves from the interests of the employers. But there are issues on which they could live up to the trust society reposed on them, he said.
''I am really happy that the ashram has got its past glory. It was restored keeping in mind the preservation of our cultural heritage. Now it is up to the citizens to maintain it,'' the governor said.
State heritage commission chairman and a Gandhi devotee Pratap Chandra, former Mayor of Kolkata Kamal Bose, state tourism minister Manabendra Mukherjee were among others present on the occasion.
Meanwhile, a Khadi workshop was inaugurated at the ashram under West Bengal Khadi Board, where the artisans would be spinning khadi threads.
''Spinning of threads for making renowned muslin will also be undertaken here in the near future,'' Khadi Board chief executive Prabir Banerjee said.
The tourism minister was also keenly interested to include the ashram in the tourism map of the state.
The state tourism department funded the museum while the Centre granted a sum of Rs 22.25 lakh for restoration work.
Against the backdrop of growing attacks on Hindi-speaking people, security forces will will jointly launch an operation to flush out ULFA and KLNLF militants who are having camps in strife-torn Karbi Anglong district.
"The unified command meeting held today decided to launch the operation ", Assam Chief Minister Tarun Gogoi told reporters after the meet.
He said as security was tightened in upper Assam and the border along Bhutan, the ULFA ultras with the help of KLNLF had built camps in the hill district of Karbi Anglong from where they had attacked Hindi-speaking people.
At least 29 Hindi speaking persons were massacred in the district during the weekend.
The Chief Minister said ULFA alongwith KLNLF were involved in the massacre and promised stern action against them.
The Unified Command Structure which met here today reviewed the overall security situation in the state in view of the Independence Day celebrations.
Special Secretary (Internal Security) of the ministry of Home Affairs, M L Kumayat, and Director NE of the ministry A K Goel attended the meeting along with top Army, police and state government officials.
The DG, BSF, A K Mitra and his CRPF counterpart S I S Ahmed were also present.
Amidst demands for reduction of troops in Jammu and Kashmir, Governor S K Sinha on Monday made it amply clear that the situation was not ripe for any such move as the insurgency was yet not under control.
''People, who are demanding demilitarisation do no not know what it means. It means vacating the entire region of the army,'' said Governor S K Sinha.
''Return of troops can take place when insurgency is under control, then the police can take over. Unfortunately we have not reached that stage yet,'' he added.
The 81-year-old Army veteran, who was among the first sorties, who touched the Srinagar airfield in 1948, said the troop reduction had become a ''favourite topic'' for everybody and political parties were moving around claiming that one does not require five lakh army for 1,000 militants.
In an indirect indictment for the first time, Gujarat Chief Minister Narendra Modi's once trusted lieutenant Govardhan Zadaphia, home minister during the Gujarat riots, has told NDTV that he was following the chief minister's orders during the infamous riots of 2002.
Five years later, Zadaphia owns up to the mass killing, though he says he had only executed Modi's orders.
''Even today, I am a friend to Modi and at the given time when I was with him, it was a cadre of RSS which believed that a leader is the leader and you have to follow the order.
''During 2002 I was responsible for whatever had happened, even today I am responsible for that, I don't deny my responsibility even though I am not a Minister.
''Modi has been discriminating against his own people, denying ticket to a leader like Haren Pandya,
the political murder of him was done first and the physical thereafter,'' he added.
Meanwhile,Taslima Nasreen, from distant Bangladesh, has become a political issue in Hyderabad. Reports NDTV.Cross over to the Old city area where in MIM and Owaisi territory passions are being whipped up and the Bangladeshi author used as a political weapon in the MIM's battle against the Left parties.
It is 10 in the night and the crowds in Moghalpura in Hyderabad's Old city have gathered to hear MIM leader and MLA Akbaruddin Owaisi.
The police on Sunday slapped a case on Owaisi for threatening to implement the fatwa against Taslima Nasreen.
''Write letters and telegrams to the Governor and ask the government to cancel Taslima's visa and send her out of the country,'' Owaisi said.
The fact that Taslima stays in Kolkotta has come in handy for the MIM to train their guns at the Left parties, who have been making inroads into the party's traditional bastion.
''If the MIM gets annihilated, the Communists will even settle Salman Rushdie in Hyderabad. Whoever is supporting the Communists is in fact, supporting Taslima Nasreen,'' he said.
''As long as it had a fight with the BJP, the MIM had it easy because it could mobilise the Muslim vote in the name of organised Hindu sentiment. Now that the CPI(M) has entered the Old city, the anti-MIM Muslims are moving to the CPI(M),'' said Political analyst K Nageshwar.
Political analysts believe the MIM will exploit the Taslima issue to the maximum in the run-up to the Hyderabad municipal elections early next year.
And the Congress, which is hardly a force in the Old City, will go with or against the MIM, depending on which way the public opinion swings.
US ?Terror? diplomacy
Monday August 13 2007 22:55:06 PM BDT
Dr Abdul Ruff , India
It seems the US politicians, across the political divide, seeking to succeed President Bush in 2008 cutting, are promoting the use of the ?terror? card as the most crucial poll strategy. The statements of the Republicans and Democrats for future US Presidency only revolve around the so-called ?terrorism? and ?threat perceptions? of the Neo-cons.
As an over-confident Democratic party, now controlling both Congress and Senate, is busy choosing a potential Presidential candidate for the upcoming election in November 2008, the two most ?probables?, Hillary Clinton and Barack Obama, are locked themselves not only in the usual notorious competitive fund-raising activities making the poll a prelude to subsequent rampant corruption and fraud in the society to be encouraged by the new incumbent President, but also in fierce fighting over future foreign policy course of the USA. In what could be seen as determined poll campaign to claim due credit for the aggressive nature of ?democratic? foreign policy, the chief contenders form the Democratic Party take pains to demonstrate arrogance in their policy formulations.
Consequently, the US election campaign, the race for the nomination of the respective parties, has focused the attention on the foreign policy of USA. Democrats try to find common ground with the Republicans in pursing an aggressive diplomacy. Both Democrats Barack Obama and Hillary Clinton are fighting over the substance of aggressive policy of USA under Clinton. And they thus promise the voters, mainly the democrats, with a suggestion to invade Pakistan, while Tom Tancredo, the Republican hopeful and a Congressman representing Colorado threatens with terror attack on Makkah and Madina. True, the scene in the campaign is repulsing and suffocating, if not terrorizing. These purely political outbursts meant only for domestic consumption in the Super power, USA, have however extracted severe criticism from the Islamic world, particularly Pakistan and Saudi Arabia. And President Gen. Musharraf has felt further heat in his shoes.
US has failed to admit that a lot of Pakistanis have been killed for none of their fault in US-led war on terror. President Gen. Pervez Musharraf has come under growing pressure from Washington to do more to tackle the alleged al-Qaeda havens in Pakistan. The Bush administration has not ruled out military strikes, but still stresses the importance of cooperating with Pakistan. "There are terrorists holed up in those mountains who murdered 3,000 Americans. They are plotting to strike again," Obama said. "If we have actionable intelligence about high-value terrorist targets and President Musharraf will not act, we will." Pakistan used to be a main backer of the Taliban, but it threw its support behind Washington following the Sept.11, 2001 attacks. Since then, Pakistan has deployed about 90,000 troops in its tribal regions, mostly in lawless North and South Waziristan, and has lost hundreds of troops in fighting with militants there. But a controversial strategy to put in place a peaceful atmosphere in the country has fueled U.S. fears that al-Qaeda has been given space to regroup. It was a matter of "grave concern that U.S. presidential candidates are using unethical and immoral tactics against Islam and Pakistan to win their election," the Parliamentary minister Afghan said.
http://www.bangladesh-web.com/view.php?hidDate=2007-08-13&hidType=OPT&hidRecord=0000000000000000168588
Mother language of indigenous people!
Monday August 13 2007 22:58:12 PM BDT
Dr. Majumder, Germany
I would request CTG to give these indigenous people the right to learn thier own mother language. We experienced the same suppression from Pakistan. And most important is to give the civil rights to all second and third generation of people living in Bangladesh as refugee. It is inhuman and violation of international law to deny it.
Bangladesh is a country where we should live all togather side by side in peace, it does not matter which religions Islam/Hindu/Buddism/Christian, or which color or which race we have. We are human being! We have to have patience, tolerance, understanding for other people having other religion, language, color and race. It would be appreciated if CTG could introduce this in the textbooks and makes it compulsory to teach this to the children in Bangladesh.
Dr. Majumder
Darmstadt
Germany
Selling stories about Islamic extremism appeals to neo-Conservatives in Washington and their new "friend"
Monday August 13 2007 22:39:03 PM BDT
By Khosboo Paani
Mr Sahahuddin Shoaib Chowdhury was put in prison for financial crimes, not for being a Muslim friend of Israel. That much is true. Sadly, this fact was never communicated effectively to the powerful Israeli lobby in USA and Europe. Few understand or can fathom the power of Israel lobby- hundreds of well funded bodies, many not even directly connected to Israeli issues are part of the lobby. It is claimed by commentators and academics that the Israel lobby is more powerful than any government on earth. Their main agenda is ?survival of the Jewish state of Israel?. And who can blame them considering their ugly and violent time in Europe for a thousand years?
Distinguished newspapers in America and Europe published highly colourful and biased stories about the treatment of Mr Chowdhury. British and European Parliaments made loud and noisy protests. Petitions were organised. Bangladesh Embassies were deluged with letters, emails and protests. Emails and letters were sent to Bangladesh Ministries. ?Human Rights? organisations - many of them lobby fodder and often not as free or fair as they make out- went in for the usual insults, threats and colourful bile . Academics were lined up to make the case. Bangladesh Members of Parliament were pursued when abroad. Governments in Europe, Canada and USA created a fuss. Little did they care that what was being proposed was a blatant case of interference of judicial process of a major Muslim nation, something they would condemn if attempted on their own judiciary.
By the way the above methods are employed by the powerful American and European lobbies against many nations in Asia, India excepted for some (obscure?) reason.
http://www.bangladesh-web.com/view.php?hidDate=2007-08-13&hidType=OPT&hidRecord=0000000000000000168585
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POLITICS-INDIA: Nuke Deal With US Draws Domestic Opposition
Analysis by Praful Bidwai
http://www.ipsnews.net/news.asp?idnews=38866
The Indo-US nuclear deal after 22 months of its inception has entered the final lap before it comes into force. There have been "substantial" changes in the language of the Hyde Act and the manner that it addressed many but not all of the key concerns of India. For resolving these differences, India has to conclude a bilateral 123 agreement with the US, engage the IAEA, and seek changes to the rules of the 45-member NSG. In December 2006, both the Senate and the House reconciled their differences on the S.3709 bill and passed it with overwhelming bipartisan support. The most important gains from this reconciliation process so far are the following:
No intrusive inspections by the US
No annual certifications
Sequencing issues addressed
However, crucial differences remain and these are to be negotiated and resolved in the 123 agreement. There are five major stumbling blocks:
The Return Clause: It gives the US the right to require the return of any nuclear materials and equipment transferred and any special material produced by their use if India detonates a nuclear explosive device. This condition pertains to any agreement for civil nuclear energy cooperation with a non-NWS. Enforcement of this provision, in full or part, would lead to heavy financial losses from the closure of the nuclear reactor and in returning transferred nuclear materials and equipment to the US. This is not acceptable to India.
Reprocessing of Spent Fuel: The US forbids the right to reprocess spent fuel to India, but not to those countries that have placed their reprocessing facility under IAEA safeguards. India has not placed the Kalpakkam reprocessing plant and the Fast Reactor Fuel Reprocessing Plant under IAEA safeguards. Reprocessing of spent fuel is essential for India especially in a future scenario when it will be importing reactors and fuel for its civil nuclear programme. A situation where India can neither reprocess spent imported fuel nor return it to the original suppliers is clearly undesirable.
Testing: Under the terms of the 123 agreement the US and NSG members would cease to transfer any items of technology controlled by the NSG Trigger List, if India were to conduct another test. India has unilaterally declared a moratorium on further testing in 1998 after its nuclear tests. However, India's voluntary moratorium cannot foreclose the option for a future government to test if national interests so demand. India is not in favour of converting its unilateral moratorium into a bilateral legality. Besides, the condition regarding testing is viewed with suspicion as a ploy to force India's entry into the CTBT by the backdoor.
Lifetime Fuel Guarantee: The US assures the reliable supply of nuclear fuel on a timely basis and on the conditions specified in the 123 Agreement. This is already part of the US 123 agreement. India fears termination of this cooperation agreement in case of a nuclear detonation.
Fallback Safeguards: 123 Agreement stipulates that there will be fallback safeguards initiated by the US if the IAEA fails to implement its own safeguards. India is in favour of India-specific safeguards and does not want to place its civilian nuclear program under any US safeguards.
http://www.ipcs.org/US_related_seminars2.jsp?action=showView&kValue=2323
The U.S.-Indian Nuclear Deal:
An Unequal Colonial Treaty
by Analytical Monthly Review
http://mrzine.monthlyreview.org/amr120807.html
Analytical Monthly Review, published in Kharagpur, West Bengal, India, is a sister edition of Monthly Review. Its Summer 2007 issue features the following editorial. -- Ed.
Prior to the Friday, August 3rd, 2007 release of the agreed text of the U.S.-Indian nuclear agreement, the media build-up in favor of civilian nuclear technology "transfer" and "trade" between the U.S. and India was so systematic and thorough as to make the actual terms of the agreement seem an unnecessary afterthought; all sensible readers of the national press would have made up their minds already. On reviewing the text, the necessity for this tactic is clear. It is an unequal colonial treaty that openly subjects a potentially significant share of India's energy generating potential to future U.S. blackmail. And while giving a carte blanche for U.S. action that would suspend all its obligations under the treaty (even to seizing back the nuclear fuel already transferred), the agreement by its terms binds only India in perpetuity to a control regime demanded by the U.S.
Though inequality lies behind the language of the entire document, it becomes explicit, for example, in Article 10, Sections 2 and 3, which read in relevant part:
2 . . .India agrees that nuclear material and equipment transferred to India by the United States of America pursuant to this Agreement . . . shall be subject to safeguards in perpetuity in accordance with the India-specific Safeguards Agreement between India and the IAEA . . . [emphasis added]
3 . . .Nuclear material and equipment transferred to the United States of America pursuant to this Agreement . . . shall be subject to the Agreement between the United States of America and the IAEA. . . .
While this may appear relatively minor, insofar as transfer of nuclear material to the United States is hardly the aim of the deal, it actually goes to the heart of the matter. Even as to minor matters the U.S. is unwilling to bind itself but requires that India be bound. Again and again the United States is required to implement the agreement only insofar as it accords with what its national laws and regulations now or in the future may require (see, e.g., Article 2, Section 1; Article 3 Section 3; Article 5 Section 2). Indeed a key section of Article 5 permits the United States unilaterally to disrupt future fuel supplies to India:
6 (b) (iv) . . . if despite these arrangements, a disruption of fuel supplies to India occurs ["friendly supplier countries . . . such as Russia, France and the United Kingdom" would be asked to a meeting "to pursue such measures as would restore" India's fuel supplies]
The passive voice ("a disruption of fuel supplies to India occurs") is a transparent fraud. The only fuel supplied to India referenced by the agreement is that from the United States. If a "disruption occurs" it can only occur because some future U.S. legislative or executive act is the cause. And the only consequence for the U.S. under this unequal agreement is that . . . it will convene a meeting! Yet the very next subsection of Article 5 again subjects India to a very different standard:
6(c) . . . India will place its civilian nuclear facilities under India-specific safeguards in perpetuity and negotiate an appropriate safeguards agreement to this end with the IAEA.
Having granted the U.S. a unilateral right to void the agreement by "disrupting" fuel supplies, the agreement then proceeds in Article 14 to grant the U.S. a unilateral right at will ("on or before the date of termination of this Agreement"):
4 . . . to require the return by the other Party of any nuclear material, equipment, non-nuclear material of components transferred under this Agreement and any special fissionable materials produced through their use. . . .
The "right of return" section even goes so far as to reference "the removal from the territory or from the control of the other Party" of this equipment and materials rather than the return. At this stage of history can any honest observer doubt that the U.S. -- once satisfied as to military feasibility -- would interpret this as authorizing a physical intervention in India?
Limitation of U.S. obligations under the treaty to its present and future domestic law is a travesty of international law. International treaty obligations cannot be avoided by reference to domestic law. Yet comparison with Article 2.1 of the parallel agreement the United States negotiated with China in 1985 reveals that this is exactly the intention of those who have negotiated this agreement. The China-U.S. agreement Article 2.1 states:
The parties shall cooperate in the use of nuclear energy for peaceful purposes in accordance with the provisions of this agreement. Each party shall implement this agreement in accordance with its respective applicable treaties, national laws, regulations and license requirements concerning the use of nuclear energy for peaceful purposes. The parties recognize, with respect to the observance of this agreement, the principle of international law that provides that a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
The U.S.-Indian agreement contains the identical language in its Article 2.1, except that the italicized sentence does not appear. Chinese insistence on this language is no accident. The United States Supreme Court has held that as a matter of U.S. law, a subsequent legislative act overrides a treaty (see Chae Chan Ping v. U.S., 130 U.S. 581, citing Whitney v. Robertson, 124 U.S. 190, 195):
A treaty . . . is in its nature a contract between nations, and is often merely promissory in its character, requiring legislation to carry its stipulations into effect. Such legislation will be open to future repe
