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CLAUSE 10 in IAEA Agreement
by AK on Jul 13, 2008 11:32 AM   Permalink | Hide replies

There is one major concern about the IAEA agreement. I would like people to comment who have answer to this.

Clause 10 states "Nothing in this Agreement shall affect other rights and obligations of India under international law."

India is not signatory to NPT and CTBT and thus has no rights in the International Arena. What India is doing is considered "illegal". Would India be subjected to stop this illegal activity since it has no rights...or asked to meet its obligations under International Laws.



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  RE:CLAUSE 10 in IAEA Agreement
by AK on Jul 13, 2008 11:46 AM   Permalink
"All Right" Comment on your response below:

Question is our obligations under the International Laws. We sign them or not, government makes laws. Can the same analogy apply there.

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  RE:CLAUSE 10 in IAEA Agreement
by Ashish Kumar on Jul 13, 2008 11:55 AM   Permalink
I do not think the analogy applies in the international arena.

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  RE:CLAUSE 10 in IAEA Agreement
by AK on Jul 13, 2008 12:00 PM   Permalink
Why not? Since international laws exist today and India knows about them.

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  RE:CLAUSE 10 in IAEA Agreement
by All Right on Jul 13, 2008 11:34 AM   Permalink
Since we have not signed the NPT or CTBT, then the clause is in our advantage. We can make bombs and explode it as we have not pledged not to do this.

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  RE:CLAUSE 10 in IAEA Agreement
by All Right on Jul 14, 2008 06:55 AM   Permalink
My CLONE:

Just Try it... and watch the Article XII A-7, XII C., and XIX of the IAEA statute come in force...

Won't that be fun?

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  RE:CLAUSE 10 in IAEA Agreement
by delson roche on Jul 13, 2008 11:54 AM   Permalink
When they say "international Laws " it does not include only CTBT and NPT , india is signatory to scores of other laws .. it encomapsses all of them.
Basically he says all such laws have a overriding effect over IAEA aggrement.so in a hireachy of laws IAEA allies last.

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  RE:CLAUSE 10 in IAEA Agreement
by All Right on Jul 13, 2008 12:06 PM   Permalink
How can all int laws over-ride IAEA safeguard agreement? Only those lawas that directly related to safeguard like CTBT or NPT or similar laws.

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  RE:CLAUSE 10 in IAEA Agreement
by AK on Jul 13, 2008 12:14 PM   Permalink
I am not following you. Are you saying that IAEA agreement will override NPT & CTBT.

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  RE:CLAUSE 10 in IAEA Agreement
by Ashish Kumar on Jul 13, 2008 04:57 PM   Permalink
I think this aspect shd be left for legal experts.

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  RE:RE:CLAUSE 10 in IAEA Agreement
by AK on Jul 13, 2008 12:01 PM   Permalink
NPT and CTBT are part of them and since IAEA agreement does not mention them, how can it override them.

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The above message is part of the Discussion Board:
Interests protected in IAEA deal: UPA