“Sovereignty of Port City and International Law’’-BY SARATH WIJESINGHE

“Sovereignty of Port City and International Law’’-BY SARATH WIJESINGHE

Sovereignty

Source:Sundayobserver

Nothing is permanent in the world -what is permanent is impermanence which is the eternal truth according to Buddhist philosophy, or any other religion or concepts which are practised by mankind tested, observed, and proved to be correct.

Is 99 years a long period in the world of metaphysics and related computations is relatively a difficult question to be discussed?

It is a long time for a human or a living being but the nations go on generation after generation with new subjects, subject to new changes which is eternal.

China waited for 99 long years to regain the sovereignty of Hong Kong from the British who had a legacy of acquiring sovereignty of sovereign nations by any means which is not in conformity with international law they are expected to practise, all times giving opportunities for lawyers and academics to discuss the subject at length with many similar examples.

Hong Kong is a tiny land but a masterpiece on money trading and a financial hub. China maintains Hong Kong undisturbed and with a brilliant vision despite many differences on economic and financial management ideologies though today China has the sovereignty on Hong Kong to make any changes.

Hong Kong is a historical site in the ancient Chinese Empire, it was captured by the British in 1842, and later in 1898, and the peninsula was taken as a tax haven from the Chinese Emperor for 99 years.

Then reluctantly, it was given back to China in 1999, when the 99-year lease ended. The British had to give up the Hong Kong region because they were sheep in the eyes of the world, whose wealth and natural resources were exploited by wolves.

British had Hong Kong for 150 years, and the Chinese authorities did not change the regime over night. China has not made any drastic changes and maintains sovereignty over the territory based on the Hobbs Theory that sovereignty of a state is the ultimate authority exposition of international law which regulates behaviour of states when international reputation and concepts of sovereignty are also ever changing under international law and practices based on the situations then.

For example, sovereignty over a territory could be limited, restricted or shared with anther nation. Portuguese, Dutch and British had sovereign power over certain Provinces of Sri Lanka during certain periods and thereafter British in 1815 by cheating some Sri Lankan Chiefs in the upcountry through the infamous 1815 Agreement after fighting with Sinhalese for over 150 years killing hundreds of thousands and destroying paddy fields and cattle with the maximum number during the 1818 uprisings though Sri Lankans through history has uplifted peaceful and peace-loving life with loving kindness to all based on Buddhism with no scars and allegations of violation of human rights of citizens or others worldwide.

Damage including mass murders including children, done by Portuguese and Dutch are recorded in (blood) red letters in history.

Obviously, we have to learn a lot from history, especially long term international agreements entered into due to whatever the reasons. We have experiences giving away our sovereignty partially and full during certain eras of our history from which we must learn.

We are angry when they try to teach us peace, loving kindness and human rights! It is in 1948 that we regained our lost sovereignty from 1815, a long time again in the history of nations and now we are enjoying freedom as an independent nation and a senior and respected member of the United Nation Organization.

A lot can be narrated on the sovereignty over the Middle East countries, India during the Western domination and similar examples and precedents on sovereignty and overriding actions while taking sovereignty away from legitimate nations.

China appears not to be concerned of the sovereignty of the Port City. They are in business and not interested in sovereignty and the partnership with Sri Lanka appears to be ideal.

Sovereignty of a nation

Sovereignty of a state which is the supreme authority over the territory is also protected and guaranteed by international law via United Nations under Article 2(1) on Sovereign Equality and 2(4) based on the principle on non-intervention which is cemented by the Geneva Convention on international relations and the accepted practices and conventions the states adhere to.

It is accepted and considered that we are a sovereign nation. But do all member nations, especially the powerful and the rich, accept and consider so is a moot point in terms of universal practice.

“Is Sri Lanka a sovereign nation today?” Is an interesting question when the state has the full power over the territory and recognised by the United Nations Organization as a member nation whose internal and international affairs are not permitted to be interfered by other nations. It is the duty of the member nations to respect us and our sovereignty, unconditionally based on the convention of the diplomatic relations entered into in Vienna Convention of Diplomatic Relations commending the nations to respect all member countries’ irrespective of the size or the economic strength.

With the setting up of the Port City in the district of Colombo, a question has arisen on the legal basis of the Economic Zone to be established under the Port City Bill with sweeping powers to carry out international business in the most competitive atmosphere which, is essential to do business with the rest of the world and competing with the giants of trade, according to the facilitators’ claims.

The Sri Lankan State is a Presidential Model and the recent 20thAmendment has strengthened the executive powers of the President giving him a firm grip on the administration along with the legislature headed by the Prime Minister – a veteran politician and brother of the President, who is backing the President.

Each nation has sovereignty over the land, sea and air space partially or in full depending on circumstances.

The Economic Zone is constructed by a company in China with no cost for the Sri Lankan State due to close, warm and long-time friendly relations between the two nations, going back for over two thousand years and bonded by religious, cultural and personal contacts uninterrupted, with closer bonds through supporting and facilitating China to be a world power in the United Nations when she had few friends and needed friends then.

With the Rubber Rice Pact with China and close leadership bonds with the world leaders during non-alignment with charming and friendly friendship with Sirimavo Bandaranaike, friendships were enhanced with exchange of good will and materials in kind such as the BMICH and Court Complex which are monuments exhibited to date.

A nation has to be economically and politically sovereign to be a fully-fledged sovereign nation. Whether we are politically and economically sovereign are complicated relative issues based on large scale debts from international organisations, nations and the private sector, political issues connected to human rights, treaties we have entered into, agreements and treaties such as the Indo Sri Lanka Accord with India now demanding Sri Lanka implement the 13th Amendment – a by-product of the Indo-Sri Lanka Accord, which according to Sri Lanka a domestic affair and a matter within the domestic jurisdiction of the independent nation.

It is in the midst of this that Sri Lanka has launched the largest ever FD said to be the future of Sri Lanka with a massive influx of funds from China Harbour Corporation- a Chinese company linked to the state.

Airspace and other links

The massive influx of funds is mainly based on the strong friendship and connections in addition to the excellent geographical situation unmatched in the world connecting all parts of the world historically and traditionally connecting sea, airspace and other links to the world in the busiest Indian sea.

This shows international relations and foreign policy plays a main role in politics, economy and trade.

The Agreement of the Port City runs for 99 years, which is substantial in the life of the mankind. Depending on the magnitude of the funds and labour spent, it has to be a successful project and all the signals are there that it is on the right direction when compared to some examples close to us such as UAE, Singapore, Israel, and Malaysia – all success stories achieved through swimming in the dark and trial and error methods, when we are blessed with learning their success stories and experiences freely available to swim in broad daylight with experiences gained and studies on and off the success stories of leading world powers from nothing!

India’s concern on the massive Port City Project is realistic and understandable in terms of India’s strained relationships with China and the mentality of regional hegemony in the Indian Ocean and the entire SAARC region.

This is where Sri Lanka should play the cards well, based on long term friendly relations from the period of ‘’Erath Mahindra’s’’ arrival and even before during ‘’Ravenna’’ era, on balancing exercises and foreign policy learning lessons from ‘’Sirimavo Bandaranaike.’’

Vision and visionaries in UAE, Singapore, Israel, Malaysia and Sri Lanka- Learn from them

We respect the UAE and its achievements – once a fish market in 1960, being blessed with oil, exploited the geographical situation and other factors such as sea routes and airlines towards and passing through neighbouring countries, set up the trade zone with all novel devices and administrative measures in a disciplined society successfully introducing the One Stop Shop procedure with ease of doing business within the zone which is implemented successfully to date transforming UAE to a rich world power with the tallest world tower, boost on tourism trade and business with only 4 percent of oil compared to the rest of the oil rich six Emirates.

Rashid Al Maktoum is the Father of Dubai in the current boom, and the nation, who was responsible for what UAE is today, patiently studying the other success stories such as Singapore, Hong Kong, Israel and few other success stories adopted a unique model for UAE, by filling land and making man-made harbours. He, a go-getter and an innovator, introduced many novel and world famous places such as the Internet City, the tallest building, Media City and Financial Centre to his credit with many other development schemes by employing professionals of world repute as CEOs and employing Asian labour mingled with only 18 per cent local population which is a real vision of a visionary which brought Dubai to the limelight and a top financial, tourism, and a business hub. As the person who brought UAE to what it is today!

The Dubai airport is one of the busiest in the world and Jubal Ali Harbour, the manmade harbour, is one of the busiest and largest in the region.

It is a business hub and a tourist paradise, and a money-making world power as a centre of education, business and industries with lots of success stories still growing.

Shaka Lubna – once the Trade Minister from the Royal Family and the author of “Why UAE?” visited Sri Lanka with a trade delegation to discuss matters of mutual interest laying the foundation of further friendship to exchange views and experiences.

The book “Why UAE?” deals with the country’s, success, and developments and is a guide of the country and guide to others in real style to attract the world of investors.

It is time now the Sri Lankan Trade Ministry or Tourist Ministry to edit a book on “Why Sri Lanka?” following the footsteps of “Why UAE”, inviting investors and giving the world the potential and beauty of Sri Lanka and abilities of Sri Lankans.

Israel, a model country

Success of Singapore too is unique story with the leading visionary Lee Kwan Yew, popularly named LKY, who transformed Singapore into a powerful financial Industrial and economic hub of the world and Asia, who also introduced discipline and modern developments to the unproductive barren land with no resources with inmates dealing in small businesses and cottage industries. Singapore itself is a port city, a financial centre, and a trade centre transforming itself to a world financial hub in an exemplary manner.

Dr. Mahathir Mohamad is the visionary of the current development of Malaysia as a developed nation and a financial and a trade centre in the region.

Israel is the other model country for us with the economic and innovation miracles and also a partly filled land due to want of space and a miraculous economic centre, a financial hub in Middle East in the midst of enemies.

Israel, a tiny barren desert one-third of Sri Lanka in size with no water except the disputed Galilee River 73 years ago, is today a world power and a nuclear power, due to the vision of Ben Gurian and the innovative nature of the people who worked hard despite enemies right round the land and developed it to be a land of agriculture and innovations by desalination of sea water and managing the water well, using drip irrigation in agriculture, they introduced and shared those methods with countries such as China and India.

Today, they are the leaders in agriculture using innovations to improve agriculture based on technology, proving that 95 percent of agriculture is technology. Sri Lanka today has faced the main challenge with the economic downturn and is desperately in need of FDIs’ and assistance in development with the highly educated but poorly planned and unmaintained standards on agriculture, developments, export and generally in many aspects.

Sri Lanka has had close relationships with China for over 2000 years and close to each other in international dealings and China especially acknowledges the assistance of Sri Lanka, when China needed help of close friends to obtain membership of the UNO and become a major power.

Sri Lanka maintained the foreign policy of being friendly with friends and foes, with the themes non alignment and neutrality.

China has given Sri Lanka the highest ever FDI of 1.6 billion with the most prominent and modern Port City governed by the Port City Economic Commission with direct supervision of the President armed with the 20thAmendment and powers to appoint and remove personnel when necessary.

The Government and the Port City has thought long having studied the success stories of other enterprises worldwide in practice. China has given Sri Lanka two major investment opportunities in Colombo Port City and ‘’Hambantota Harbour’’, based on the vision of visionary Prime Minister Mahinda Rajapaksa who masterminded both projects – especially the Port City Project expected to be the future of Sri Lanka.

The Bill was highly contested in the Supreme Court heard by five judges including the Chief Justice to ascertain the legality and constitutionality of the Port City, which is for the establishment of a special Economic Zone to set up a Commission empowered to grant registration, licences and many other such propositions.

The Sovereignty of the Port City as an independent entity

The Port City is gazetted as a part of the Colombo District and the details are common knowledge to the average citizen following the series of events. The mode of operation is clear cut with powers to the Commission appointed by the President for a specific term with powers to change on rotation or administrative requirements, despite concerns from the interested citizens of the sovereign power of the Commission to act independently, with questions of international norms such as the “Montevioco’’ Theory on international law that when a Unit has a defined territory, effective control, and ability to enter into contracts with the outside world, it may be considered a separate state as has been effected in Israel in 1948, when USA recognised Israel as a separate state even without defined territory in dispute then.

This is a weak argument when the Port City is a part of Colombo District, with the full control of the President of Sri Lanka, under whose directions the Port City enters into contracts with the outside world. But the fact remains that the Port City is given a certain amount of independence and powers to perform the duties to make the concept and the project a success, which is the challenge to the nation. It is clear that the sovereignty of Port city is with the nation and the challenge lies on all of us to cooperate with the project for the betterment of the future and future generations.

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