Asian-African Legal Consultative Organization (AALCO)

Volume 3, Numbers 3 & 4 September & December 2007

Volume 3, Numbers 3 & 4 September & December 2007 (ISSN 0973-1660-7)

Volume 3, Numbers 3 & 4 September & December 2007

Contents _____________________________________ Articles Pages International Energy Law: Has It Emerged as a New Discipline of International Law? Yang Zewei 111-132 International energy law, consists of rules and principles dealing with the exploration, exploitation, production, transportation, trade, conservation and utilization of energy among nations. The substantive rules include some specific rules of public international law, international economic law, international environmental law and national energy law. The emergence of international energy law, transcends traditional legal subject boundaries, expands research fields of international law, and promotes the renovation of the research methods of international law. Global Administrative Law: Evolving Regime under International Law Shannu Narayan 133-147 The emergence of Global Administrative Law has recently been under discussion at the international law circles due to the transformation in international law making process from its traditional actors (state) to various private actors or non-states actors. GAL foresee the application of administrative law principles to the various standard-setting or norm/rule making global regulatory bodies and argues for making them more transparent and accountable. GAL confines its ambit to procedural laws only. It is ‘participatory rights’ or the process of developing administrative law mechanism to promote transparency and greater accountability in decision-making of various global regulatory bodies. Though there is huge potential for GAL to be applied for the benefit of the developing countries, its very nature restricts it to procedural aspects than substantial law, which is the main characteristic of any regime, established so far, under international law. The principles of administrative law like principles of natural justice, right to be heard, imparting reasoned decisions on the basis of due process et cetera are reiterated from the principles of domestic administrative law. As an emerging branch of international law, this concept reiterates the principles of administrative law that already existed in domestic law. Application of GAL principles to various administrative agencies/institutions at international level may be difficult but not impossible and requires a time period for its efficient application. Moving to Greener Pastures on an Asymmetric Path of GATS Ayush C. Ganediwala & Divya Varghese 148-162 The authors have in this article built up the discussion on the legal bases for movement of unskilled labour where the authors find that Mode 4 under GATS is an unbalanced legal solution. Further, the article discusses the economic advantages of liberalization from the perspective of both home country and host country. The article points out that the developed countries are least interested in such negotiation because of its associated threats. Furthermore, the article discusses the difficulties faced by countries in liberalization under Mode 4. Additionally to understand the practical scenario the developments on the issue in WTO rounds are discussed. Finally, the article concludes that for liberalization under Mode 4 requires reconsideration in terms of the policy framework, coordination among trade, labour and migration authorities, both at the national and international level. Current Developments Forty-Sixth Annual Session of AALCO (2-6 July 2007, Cape Town, Republic of South Africa) 163-210 Ministerial Meeting of the Non-Aligned Movement on Human Rights and Cultural Diversity (3-4 September 2007, Tehran, Islamic Republic of Iran) 211-213 United Nations Climate Change Conference (3-14 December 2007, Bali, Republic of Indonesia) 214-219 Select Documents Tehran Declaration and Programme of Action on Human Rights and Cultural Diversity (NAM) 2007 220-231 Bali Action Plan 2007 232-237

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