http://www.lankaweb.com/news/items/2009/07/04/should-we-accept-the-indo-sri-lanka-accord-is-this-accord-legally-binding-as-a-contract/ Lankaweb.com Thu, 19 Nov 2009 10:41:38 -0700 http://wordpress.org/?v=2.8.5 hourly 1 http://www.lankaweb.com/news/items/2009/07/04/should-we-accept-the-indo-sri-lanka-accord-is-this-accord-legally-binding-as-a-contract/comment-page-1/#comment-231 cassandra Sat, 04 Jul 2009 12:42:38 +0000 http://www.lankaweb.com/news/items/?p=1901#comment-231 It seems to me the points made are very valid. One of the most important factors to consider is whether the two parties entered into the agreement freely and without undue pressure or under duress. I believe this agreement will not stand up to that test. JR was coerced into signing the agreement, figuratively (and almost literally) with a gun held to his head. Secondly, the agreement, not having been implemented so far, has effectively lapsed. One could also argue the agreement has been frustrated by non compliance by India of the obligations it had undertaken, chiefly, the disarming of the LTTE. From a pragmatic viewpoint, what we need is something that recognises today’s realities – not the conditions obtaining in 1987. It seems to me the points made are very valid. One of the most important factors to consider is whether the two parties entered into the agreement freely and without undue pressure or under duress. I believe this agreement will not stand up to that test. JR was coerced into signing the agreement, figuratively (and almost literally) with a gun held to his head. Secondly, the agreement, not having been implemented so far, has effectively lapsed. One could also argue the agreement has been frustrated by non compliance by India of the obligations it had undertaken, chiefly, the disarming of the LTTE. From a pragmatic viewpoint, what we need is something that recognises today’s realities – not the conditions obtaining in 1987.

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