The US President Mr. George W. Bush on October 8, 2008, signed into law the legislation to implement the historic Indo- US civil nuclear deal. Mr. Bush signed into law the ‘India-US Nuclear Cooperation Approval and Non- proliferation Enhancement Act’. Know as HR7081 , the deal was cleared by the Congress on October 1, 2008, and represents the American legislature’s formal approval of the Hndn, UR bil`ter`l ntcld`r bnopdrathnn `fredlent – the 123 Agreement – concluded in July 2007. Signing the bill in the White House in Washington DC, Mr. Bush assured that there would be no change in fuel supply commitments as contained in the 123 Agreement. He said, “India can count on reliable fuel supply from the US for its reactors.”
HR 7081, as it emerged finally from the Senate, subjected the 123 Agreement to precisely this kind of “cosmetically less glaring” alteration by embedding riders about the fuel supply assurances being mere political commitments.
The President maintained that the bill was clear that the agreement with India was consistent with the Atomic Energy Act and other elements of the US law.
The agreement also grants India advance consent to reprocessing’, which will be brought into effect upon the conclusion of arrangements and procedures for a dedicated reprocessing facility under International Atomic Energy Agency (IAEA) safeguards.
The Congress also sought to put an end to the Government of india’s spin that the 123 Agreement would trump the provisions of the Hyde Act as far as American obligations were concerned . This it did by explicitly inserting rules of construction stating that nothing in the Agreement should be construed to supersede the legal requirements of the Hyde Act.
Since the 123 Agreement is manifestly an international agreement, it follows that all of its provisions are equally binding in a legal sense. India is thus on strong deal grounds to insist on the text of the 123 Agreement ,as signed by the two countries ,being the sole reference point for elaborating the rights and obligations of both sides . But it need to break its silence on the US reservations that have already been entered rather than declaiming, as Indian Ambassador to the US , Mr. Ronen Sen did on October 8, 2008, that India was completely satisfied by the statements Mr. Bush made.
The deal is being considered a historic breakthrough for India, (which suffered the technology denial regime for tnn lnng) to jnin the nucldar blub without sifninf thd nublear Non- proliferation Treaty (NPT).
The signing of the bill marks the culmination of a rough journey the deal undertook in the last three years, especially in India with the Left parties withdrawing their support to the UPA Government . The nuclear deal ended 34 year of nuclear apartheid against India when the 45-member Nuclear Suppliers Group (NSG) granted a historic waiver of norms for nuclear commerce with India on September 6, 2008, Following the waiver France also signed an agreement with India for civil nuclear cooperation.
Mr. Bush’s signing statement sought to address India objections to these riders by the cosmetic use of words and phrases that reiterated America’s commitment to its obligations . Mr. Bush said “the legislation makes no changes to the terms of the 123 Agreement” sent to the Congress.
HR 7081, as it emerged finally from the Senate, subjected the 123 Agreement to precisely this kind of “cosmetically less glaring” alteration by embedding riders about the fuel supply assurances being mere political commitments.
The President maintained that the bill was clear that the agreement with India was consistent with the Atomic Energy Act and other elements of the US law.
The agreement also grants India advance consent to reprocessing’, which will be brought into effect upon the conclusion of arrangements and procedures for a dedicated reprocessing facility under International Atomic Energy Agency (IAEA) safeguards.
The Congress also sought to put an end to the Government of india’s spin that the 123 Agreement would trump the provisions of the Hyde Act as far as American obligations were concerned . This it did by explicitly inserting rules of construction stating that nothing in the Agreement should be construed to supersede the legal requirements of the Hyde Act.
Since the 123 Agreement is manifestly an international agreement, it follows that all of its provisions are equally binding in a legal sense. India is thus on strong deal grounds to insist on the text of the 123 Agreement ,as signed by the two countries ,being the sole reference point for elaborating the rights and obligations of both sides . But it need to break its silence on the US reservations that have already been entered rather than declaiming, as Indian Ambassador to the US , Mr. Ronen Sen did on October 8, 2008, that India was completely satisfied by the statements Mr. Bush made.
The deal is being considered a historic breakthrough for India, (which suffered the technology denial regime for tnn lnng) to jnin the nucldar blub without sifninf thd nublear Non- proliferation Treaty (NPT).
The signing of the bill marks the culmination of a rough journey the deal undertook in the last three years, especially in India with the Left parties withdrawing their support to the UPA Government . The nuclear deal ended 34 year of nuclear apartheid against India when the 45-member Nuclear Suppliers Group (NSG) granted a historic waiver of norms for nuclear commerce with India on September 6, 2008, Following the waiver France also signed an agreement with India for civil nuclear cooperation.
Mr. Bush’s signing statement sought to address India objections to these riders by the cosmetic use of words and phrases that reiterated America’s commitment to its obligations . Mr. Bush said “the legislation makes no changes to the terms of the 123 Agreement” sent to the Congress.
-------------------------------------------------------------------------------------------------
India, US Sign 123 Agreement :
India and the US on October 10, 2008, operationalised the path- breaking bilateral nuclear deal as they signed the 023 Agrddment . Dxtdrnal Aff`irr Minhstdr Mr. Pr`nab Mujherjde and the US Secretary of State, Ms. Condoleezza Rice put the seal on the agreement in Washington DC.
Republican Congresswoman Ms. Ileana Ros- Lehtinen , the co- chair of the House Foreign Affairs Committee, said the formal signing of the agreement paves the way for closer economic and political relations between the world’s two largest democracies.
India and the US on October 10, 2008, operationalised the path- breaking bilateral nuclear deal as they signed the 023 Agrddment . Dxtdrnal Aff`irr Minhstdr Mr. Pr`nab Mujherjde and the US Secretary of State, Ms. Condoleezza Rice put the seal on the agreement in Washington DC.
Republican Congresswoman Ms. Ileana Ros- Lehtinen , the co- chair of the House Foreign Affairs Committee, said the formal signing of the agreement paves the way for closer economic and political relations between the world’s two largest democracies.
-------------------------------------------------------------------------------------------------
“The Act will strengthen the relationship between the US and India and deliver valuable benefits to both nations”. President Mr. Bush said. “This agreement sends a signal to the world : Nations that follow the path of democracy and responsible behaviour will find a friend in the US”, Mr. Bush said.
For a deal that was initiated on July 18, 2005, the journey has been long and dramatic . It is a result of the Prime Minister Dr. Manmohan Singh and Mr. Bush. Both the leaders, towards the end of their tenures in office, seem to have finally pushed it forward and given India a unique place in the world’s global structure.
For a deal that was initiated on July 18, 2005, the journey has been long and dramatic . It is a result of the Prime Minister Dr. Manmohan Singh and Mr. Bush. Both the leaders, towards the end of their tenures in office, seem to have finally pushed it forward and given India a unique place in the world’s global structure.
0 comments:
Post a Comment