{"id":114078,"date":"2021-05-06T17:08:55","date_gmt":"2021-05-07T00:08:55","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=114078"},"modified":"2021-05-06T17:08:55","modified_gmt":"2021-05-07T00:08:55","slug":"soverignity-of-port-city-and-application-of-interantional-law","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/05\/06\/soverignity-of-port-city-and-application-of-interantional-law\/","title":{"rendered":"\u2018\u2019SOVERIGNITY OF PORT CITY AND APPLICATION OF INTERANTIONAL LAW\u2019\u2019"},"content":{"rendered":"

Sarath Wijesinghe- President\u2019s Counsel and former Ambassador to UAE and Israel, President Ambassador\u2019s Forum<\/em><\/strong><\/span><\/h2>\n\n\n

Nothing is Permanent in the world-What is permanent is impermanence<\/strong><\/p>\n\n\n\n

Nothing is permanent in the world – what is permanent is impermanence which\nis the eternal truth according to Buddhist Philosophy , or any other religion\nor concepts which are  practised by the\nmankind tested, observed, and proved to be correct. Is 99 year a long period in\nthe world of metaphysics\u2019 and related computations is relatively a difficult\nquestion to be discussed? It is a long time for a human or a living being but\nthe nations go on generation after generation with new subjects, subject to new\nchanges which is eternal. China waited for 99 long years to regain the\nsovereignty of Hong Kong from British who had a legacy of acquiring sovereignty\nof sovereign nations by any means which is not in conformity with  international law they are expected to practice,\nall times giving opportunities for lawyer and academics to discuss the subject\nat length with many similar examples. Hong Kong is a tiny land but a\nmasterpiece on money trading and a Financial Hub , China maintains undisturbed\nwith a brilliant vision despite many differences on economic and financial\nmanagement ideologies though today China has the sovereignty on Hong Kong to\nmake any changes. Hong Kong is a historical site in the ancient Chine Empire,\nit was captured by the British in 1842, and later in 1898, and the peninsula was\ntaken as a tax haven from the Chinese emperor for 99 years. Then reluctantly,\nit was given back to China in 1999, when the 99 year lease ended. British had\nto give up the Hong Kong region because they were sheep in the eyes of the world,\n  whose wealth and natural resources were\nexploited by wolves. British has Hong Kong for 150 years, and the Chinese\nauthorities did not change the regime overnight. China has not made any drastic\nchanges and maintains sovereignty over the territory based on Hobbs theory that\nsovereignty of a state is the ultimate authority exposition of international\nlaw which regulates behaviour of states when international reputation and Concepts\nof sovereignty is also ever changing under international law and practices\nbased on the situations then. For example the sovereignty over a territory\ncould be limited restricted or shared with anther nation. Portuguese, Dutch and\nBritish had sovereign power over certain provinces of Sri Lanka during  certain periods and thereafter British in 1815\nby cheating the some Sri Lankan Chiefs in the upcountry by the infamous 1815\nagreement after fighting with Sinhalese over 150 years killing hundreds of\nthousands and destroying paddy fields and cattle with the maximum number in\n1818 uprisings when Sri Lankans through history uplifted peaceful peace-loving\nlife with loving kindness to all based on Buddhism with no scars and\nallegations of violation of human rights of won citizens or others worldwide.  Damage including mass murders including\nchildren, done by Portuguese and Dutch are recorded in (blood) red letters in\nhistory. Obviously we have to learn a lot from history especially long term\ninternational agreements entered into due to whatever the reasons. We have\nexperiences giving away our sovereignty partially and full in certain eras of\nour history we must learn from. We are angry when they try to teach us peace,\nloving kindness and human rights! It is in 1948 that we regained lost\nsovereignty over the land from 1815 a long time again in the history of nations\nnow enjoying freedom as an independent nation and a senior and respected member\nof the United Nation Organization. Lot Can be narrated on the sovereignty over\nthe Middle East countries, India during the western domination and similar\nexamples and precedents on sovereignty and actions of overriding acting\u2019s taken\ntaking sovereignty away from legitimate nations. China appear not concerned on\nthe sovereignty of the Port City. They are in business not interested in\nsovereignty of lands over others and the partnership with Sri Lanka appears to\nbe ideal.<\/p>\n\n\n\n

Sovereignty of a Nation<\/strong><\/p>\n\n\n\n

Sovereignty of a state which is the supreme authority over the\nterritory  is also is protected and guaranteed\n by the international law via United\nNations under article 2(1) on sovereign equality and 2(4) based on the\nprinciple on non-intervention which is cemented by Geneva Convention on\ninternational relations and the accepted practices and conventions the states\nadhere to. It is accepted and considered that we are a Sovereign Nation. But do\nall member nations especially powerful and rich accept and consider so is a\nmoot point in terms of practical Universal Practice.  <\/p>\n\n\n\n

Sovereignty of a Nation<\/strong><\/p>\n\n\n\n

Is Sri Lanka a sovereign nation today? Is an interesting question when\nthe state has the full power over the territory and recognized by the United\nNations Organization as a member nation not permitted by other nations\ninterfere in international affairs. It is the duty of the member nations to\nrespect us and our sovereignty, unconditionally based on the convention of the\ndiplomatic relations entered into in Vienna naming Vienna Convention of\ndiplomatic relations commending the nations to respect all member countries\u2019\nirrespective of the size or the economic strength. With the setting up of the\nPort City in the district of Colombo, a question has arisen on legal basis on\nthe economic zone established under the Port City Bill with sweeping powers to\ndo international business in the most competitive atmosphere which according to\nthe facilitators   claim essential to do\nbusiness with the rest of the world competing the giants on the trade. Sri Lankan\nstate is a presidential model and the recent 20th<\/sup> amendment has\nstrengthened the executive powers of the president with a firm grip on the\nadministration along with the legislature headed by the Prime Minister \u2013 a\nveteran politician and brother of the President, backing the President. Each\nnation has sovereignty over the land, sea and air space partially or in full\ndepending on circumstances. The economic zone is constructed by a company in China\nwith no cost for the Sri Lankan state due to close, warm and long-time friendly\nrelations with the two nations over two thousand years bonded by religious,\ncultural and personal contacts uninterrupted, with closer bonds by supporting\nand facilitating China to be a world Power in the United nations when she had few\nfriends and needed friends then. With Rubber Rice pact with China and close\nleadership bonds with the world leaders during non-alignment with  charming and friendly friendship with \u2018\u2019Madam\nSirimovo Bandaraneika\u2019\u2019 friendships were  enhanced with exchange of good will and\nmaterials in kind such as the BMICH, and Court Complex which are monuments\nexhibited  to date. A nation has to be\neconomically and politically sovereign to be a fully-fledged sovereign nation.\nAre we politically and economically sovereign are complicated relative issues\nbased on the large scale debts from international organizations, nations and\nprivate sector, political issues connected to human rights, treatises we have\nentered into such agreements and treatises as Indo Sri Lanka Accord when India now\ndemanding Sri Lanka to implement 13th<\/sup> Amendment \u2013 a by-product of\nIndo Sri Lanka Accord , which according to Sri Lanka a domestic affair and\nmatter within the domestic jurisdiction of the independent nation. It is in the\nmidst of this that Sri Lanka has launched the largest ever FD said to be future\nof Sri Lanka with a massive influx of funds from China Harbour Corporation – a\nChinese Company linked to the state. Massive influx of funds pumped is mainly\nbased on the strong friendship and connections in addition to the excellent\ngeographical situation unmatched in the world connecting all parts of the world\nhistorically traditionally connecting sea, airspace and other links to the\nworld in the busiest Indian sea. This shows international relations and foreign\npolicy plays a main role in politics, economy and trade. The agreement of the\nPort City runs for 99 years which is substantial in the life of the mankind.\nDepend on the magnitude of the funds and labour spent it has to be a successful\nproject and all the signals are that it is on the right directions when\ncompared to some examples close to us such as UAE, Singapore, Israel, and\nMalaysia –  all success stories with\ntrial and error methods achieved by swimming in the dark, when we are blessed\nwith  learning their success stories and\nexperiences freely available  in order to\nswim in broad day light with experiences gained and studies on and of the\nsuccess stories of leading world powers from nothing!. Let us now look into the\nsuccess stories of few as a learning process for us. India\u2019s concern on the\nmassive Port City project is realistic and understandable in terms of India and\nstrained relationships with China and the mentality   of regional hegemony on the Indian Ocean and\nentire SAARC region. This is where Sri Lanka should play the cards well based\non long term friendly relations from the period of \u2018\u2019Arhath Mahinda\u2019s\u2019\u2019 arrival\nand even before during \u2018\u2019Ravana\u2019\u2019 era, on balancing exercises on foreign policy\nlearning lessons from Madam \u2018\u2019Sirimavo Bandaraneika\u2019\u2019 the best foreign ever in\nSri Lanka.<\/p>\n\n\n\n

Vision and Visionaries in UAE, Singapore, Israel, Malaysia and Sri Lanka-\nLearn from them <\/strong><\/p>\n\n\n\n

We respect UAE and achievements – once  a fish marked in 1960 having blessed with oil\nexploited the geographical situation and other factors such as sea routs and\nairlines towards and passing through  neighbouring countries set up the trade zone\nwith all novel devices and  administrative measures in a disciplined\nsociety successfully introducing  the one\nstop shop procedure with  ease of doing\nbusiness within the zone which is implemented successfully to date\ntransforming  UAE to a rich world power\nwith the tallest world tower,  boost on\ntourism trade and business with only 4% of oil compared to the rest of the oil\nrich six emirates. \u2018\u2019Rashid Al Maktoum\u2019\u2019 is the Father of Dubai in the current\nboom, and the visionary of the Nation, who was responsible for what UAE is\ntoday who patiently studied the other success stories such as Singapore, Hong Kong,\nIsrael and few other success stories adopted a unique model for UAE, by filling\nland, making manmade harbours with his vision as a visionary for the nation! He\nis a go getter and an innovator introduced many novel and world famous places such\nas the internet city, such as the tallest building, Media City and Financial Centre\nto his credit with many other development schemes by employing professionals of\nworld repute as CEO\u2019s and employing Asian labour mingled with only 18% local\npopulation which is a real vision of a visionary which brought Dubai to the\nlimelight and a top financial, tourism, and a business Hub. As the person who\nbrought UAE to what it is today! Dubai airport and harbour is one of the\nbusiest and Jubal Ali Harbour the manmade Harbour is one of the busiest and\nlargest in the region. It is a business Hub and a tourist paradise, and a money\nmaking world power as a centre of education, business and industries with lot\nmore and more success stories still growing. \u2018Shaka Lubna\u2019 – once the Trade\nMinister from the Royal Family and the author of Why UAE? Visited Sri Lanka\nwith a trade delegation to discuss matters of mutual interest laying the\nfoundation of further friendship in order  \nto exchange views and experiences. The book why UAE deals with the\ncountry, success, developments and guide of the country and guide to others in\nreal style to attract the world of investers. It is time now Sri Lankan Trade\nMinistry or Tourist Ministry to edit a book on Why SriLanka? Following\nfootsteps of why UAE, Inviting given the world the potential and beauty of Sri\nLanka and abilities of Sri Lankans.   Success of Singapore too is unique story with\nthe leading visionary Lee Kwan Yew popularly named LKY is transformed Singapore\na powerful financial Industrial and economic hub of the world hub of Asia  who also  introduced discipline and modern developments\nto the unproductive barren land with no resources with inmates dealing in small\nbusinesses and cottage industries. Singapore itself is a port city, a financial\nCentre, and a Trade Centre transforming itself to a world financial Hub in an\nexemplary manner. It is known and famous or International Arbitrations and one\nof the busiest harbours in the region. \u2018\u2019Dr Manther Mohamad\u2019\u2019 is the visionary\nof the current development of Malaysia as a developed nation and a financial\nand a trade centre in the region. Israel is the other model country for us  with the economic and innovation miracles and  also a partly land filled due to want of space\nand making Israel a miraculous economic centre as a financial hub in Middle\nEast midst of enemies around. Israel a tiny barren desert of 1\/3 rd of Sri\nLanka with no  water except disputed\nGalali river  73 years ago is today a\nworld power and a nuclear power, due to the vision of the Visionary \u2018Ben\nGurian\u2019 and the innovative nature of the people who worked hard despite enemies\nright round the land developed it to be land of agriculture and innovations by\ndesalination of sea water and managing the water well using in agriculture\nusing drip irrigation they introduced and shared with countries such as China\nand India. They are the leaders in agriculture innovated to improve agriculture\nbased on innovations and technology making 95% of agriculture is technology.\nSri Lanka today has faced the main challenge with the economic downtown and\ndesperately in need of FD and assistance in development with the highly\neducated but poorly planned and not maintaining standards on agriculture,\ndevelopments, export and generally in many aspects. Sri Lanka has had close\nrelationships with China over 2000 years and close to each other in\ninternational dealings especially acknowledges the assistance of Sri Lanka, when\nChina needed help of close friends to obtain membership and a major power. Sri\nLanka maintained the foreign policy of friendly with all and angry with none\nthroughout with the themes non alignment and neutrality. China has given Sri\nLanka the highest ever FDI of 1.6 billion with the most prominent and modern\nPort City governed by the Port City Economic Commission with direct supervision\nof the President armed with 20th<\/sup> amendment and powers to appoint and\nremove them when necessary. Government and the Port City has long thought\nhaving studied the success stories of other enterprises worldwide in practice.\nChina has given Sri Lanka two major investment opportunities in Colombo Port\nCity and \u2018\u2019Hambatota Harbour\u2019\u2019 , based on the vision of the visionary Prime\nMinister Mahinda Rajapaksa who masterminded both projects  – especially the Port City project expected to\nbe the future of Sri Lanka. The bill was highly contested in the Supreme Court\nheard by five judges including the Chief Justice to ascertain the legality and\nconstitutionality of the port city which is established for the establishment\nof a special Economic Zone in order to set up a Commission empowered to grant\nregistration, licences and many other such propositions.  <\/p>\n\n\n\n

Sovereignty of the Port City as an independent entity<\/strong><\/p>\n\n\n\n

Port city is gazetted as a part of Colombo District and the details are\ncommon knowledge to the average citizen following the serious of events out of\ninterest and curiosity. Mode of operation is clear cut with powers to the\nCommission appointed by the President for a specific term with powers to change\non rotation or administrative requirements, despite concerns from the interested\ncitizens of the sovereign power of the Commission to act independently, with\nquestions of international norms such as \u2018\u2019Montevioco\u2019\u2019 theory on international\nlaw that when a Unit has a defined territory, effective control, and ability to\nenter into contracts with the outside world may \nbe considered a separate state as has been effected in Israel in 1948,\nwhen USA recognized Israel as a separate state even without defined territory\nin dispute then. This is a weak argument when Port City is a part of Colombo\ndistrict, with full control over the President of Sri Lanka, under whose\ndirections the Port City enters into contracts with the outside world. But the\nfact remains that the Port City is given a certain amount independence and\npowers to perform the duties to make the concept and the project a success,\nwhich is the challenge to the Nation. It is clear that the sovereignty of Port\ncity is with the nation and the challenge lies on all of us to cooperate with\nthe project for the betterment of the future and future generation. Sarath7@hotmail.co.uk<\/p>\n","protected":false},"excerpt":{"rendered":"

Sarath Wijesinghe- President\u2019s Counsel and former Ambassador to UAE and Israel, President Ambassador\u2019s Forum Nothing is Permanent in the world-What is permanent is impermanence 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[77],"tags":[],"class_list":["post-114078","post","type-post","status-publish","format-standard","hentry","category-sarath-wijesinghe"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114078","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=114078"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/114078\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=114078"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=114078"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=114078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}