He defeats Justice Florentino Feliciano of the Philippines
India's
nominee Justice Dalveer Bhandari of the Supreme Court was on Friday
elected to the post of Judge of the International Court of Justice (ICJ)
in the elections held in New York, United States.
Justice
Dalveer Bhandari defeated the 84-year-old Justice Florentino Feliciano
of the Philippines in the elections held to fill the casual vacancy
following the resignation of Awn Shawkat Al-Khasawneh from Jordan in
October 2011. He will have six-year tenure. He is eligible for
re-election for a second term of nine years at the end of the present
term.
Justice Bhandari expressed his
happiness on being elected to the ICJ. He said he secured 122 out of 197
votes in the General Assembly and 13 out of 15 votes in the Security
Council.
He will be the third
Asian representative in the 15-member ICJ. As per Article 8 of the ICJ
statute the General Assembly and the Security Council elect a judge for
the ICJ.
In the past, Sir Benegal
Rau (1950s), Dr. Nagendra Singh (1970-80s) and Justice R.S. Pathak
(1988-90), former Chief Justice of India, had served as Judges of the
ICJ. Two persons served as ad hoc Judges namely: M.C. Chagla in a
dispute with Portugal in the 1950s and Jeevan Reddy in a dispute with
Pakistan in 2002.
The ICJ is the
principal judicial organ of the United Nations. It consists of 15 Judges
who serve for nine years. Out of 15 Judges, the distribution is 3 for
Africa; 2 for Latin America; 3 for Asia; 5 for Western Europe and other
States and 2 for Eastern Europe.
At
present, among the 15 Judges on the Bench of ICJ, two representatives
from Asia are: Hisashi Owada from Japan, who is also the president, and
Xue Hanqin from China.
Supreme
Court lawyer Mohan Katarki, an expert in international law and water
disputes and one who is familiar with the working of the ICJ, told The
Hindu“election of an Indian nominee to the ICJ with a proven judicial
background may help in strengthening the institutional competence to
handle complex disputes on environmental or ecological issues in the era
of climate change possibility.”
Vast experience
Justice
Bhandari (64) has vast experience in international law and is familiar
with the working of the U.N. organisations. On April 21, 2009, he
delivered the Key Note address on “Transnational Enforcement of
Intellectual Property Rights” at the 5th International Judges Conference
on Intellectual Property Law organised by theIntellectual Property
Owners Education Foundation at Washington DC, U.S.A. He was nominated as
a Member of “3rd High Level Indo-Australian Legal Forum Meet” held on
9th - 10th November, 2011 at New Delhi which consisted of Chief
Justices, Judges, Attorney Generals from India and Australia.
He
has been selected as one of the 16 most illustrious and distinguished
alumnus in the 150 years (1859-2009) history of the Northwestern
University School of Law, Chicago, U.S.A.
He
was unanimously elected as President of the India International Law
Foundation in 2007. He is continuing in that position. Justice Bhandari,
who is due to retire in September, will have to resign as a judge of
the Supreme Court to take up his new assignment.
source:katiharho.blogspot
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