Introduction
- The concept of Justice, International Relations, and Politics has seen a lot o
Dynamic changes, especially after the 2nd WW
- On 24th October 1945, once the United Nations was set up it was presumed that it
would bring long-term stability and avoidance of disputes between parties.
- However, at the end of the Second world war, the world was divided into 2 power
blocks, namely the USA and the USSR.
- The US then started enlisting the support of a lot of other similar countries
that were pro-democracy and considered the capitalist form of Governance as the
main source of governance.
- All the countries supporting the US were so-called democratic countries and
believed in the concept of a free economy.
Formation Of The Nato (North Atlantic Treaty Organization):
- One of the major formations after the 2nd WW was the formation of a
regional power organization known as the NATO (North Atlantic Treaty
Organization), formed by the US and its allies whose main aim was to ensure
that the NATO countries would protect each other in case of a conflict with
the USSR and its Allies
- NATO was headquartered in Brussels, Belgium, and had military bases in the US
and throughout Europe.
- The US also covertly started ad nuclear weapons program of developing both
atomic and Hydrogen Bombs which would act as a deterrence against the soviet
block.
- To counter them, the Soviet Union and its allies formed a regional organization,
called the Warsaw pact, to counter the growth of NATO in the region.
- Most of the members of the Warsaw pact were anti-democracy and pro-communism and
were led by the Soviet Union and the Leader was a Soviet Leader and politician
Joseph Stalin.
- Throughout the cold war from 1945 to 1991, the Warsaw pact and the nato were
against each other and had ideological differences.
- The cold war finally came to an end in 1991 when the Soviet Union disintegrated
on December 25, 1991, and broke into 15 independent republics.
Formation of the NAM (Nonaligned Movement)
- During the cold war, another 3rd organization arose which was in favor of
neither NATO nor the Warsaw pact.
- Most of these countries had just got independence and were not wanting to join
any power block.
- The NAM was the idea and the brainchild of the following leaders:
- Pandit Jawarhal Nehru from India
- President Sukarno of Indonesia
- Gamal Abdel Nasser of Egypt
- Kwame Nkrumah of Gold Coast
- Marshal Tito of Yugoslavia
- All these 5 leaders came together in the Bandung conference in Indonesia and
were joined by a lot of countries that had just become independent.
- The main aim of NATO was to also ensure that the Interest of the USA and its
allies was protected.
- The main aim of the Warsaw pact was to see that the interests of the USSR and
its allies were protected.
- The main aim of the NAM was to see that its members remained neutral and did not
join any power block
Throughout the cold war the NAM tried to play a balancing act and diplomatic
role to ensure that the USA and USSR did not ensure that the USA and USSR did
not come into conflict with each other and at many times of history, the Soviet
Union and the U.S were very close to a regional conflict when a third world war
was very much possible.
Some of these instances were as follows:
The Korean War(1950-1953):
- After the second world war both Korea was divided into North Korea and
South Korea
- While South Korea was a democratic institution, North Korea was a communist
regime.
- South Korea was supported by the US and its allies while North Korea was
supported by the U.S.A and its allies while North Korea was supported by the
Soviet Union and its allies.
- The two Koreas were constantly seeing a lot of tension and political problems.
- It was in the background that North Korea invaded South Korea and North Korea
had the support of the Soviet Union and Chinese troops.
- U.S.A, Great Britain, France, and some NATO allies Decided to support South
Korea and thousands of troops were sent in support of South Korea.
- The war went on for 3 years, and during this time 100s of troops from both sides
were being killed by 1952, there was a very close chance that the USA and USSR
might use nuclear weapons against each other.
- However the UN brought about a ceasefire with the support of India and a few
other countries and therefore a 3rd WW was averted by 1953.
- However the Kim family became the eternal rulers of North Korea in 1953 and
technically North Korea and South Korea are still at war with each other.
Cuban Missile Crisis 1963:
- The Cuban Missile crisis was initiated during 1963 when it was alleged by the
American Secret Service, the CIA, and the FBI, that the Soviet Union had brought
long-range missiles and weapons and had strategically placed them in Cuba to
target the American mainland.
- Further the Cuban communist party, which had come to power in 1959 under Fidel
Castro & Che Guevara were openly anti-US and pro-Soviet Union.
- The then-Soviet Premier Nikita Khrushchev was openly anti-US and had very
strong differences of opinion with the then US president John F. Kennedy.
- American forces openly threatened to take counter to retaliate measures against
Soviet and Cuban forces.
- In 1963 tensions were at an all-time high between the USA and USSR.
- However at the end of 1963, owing to the worldwide diplomatic negotiations, USSR
decided to withdraw its Nuclear Weapons from Cuban soil, and the USA also
decided to withdraw its troops from attacking positions.
Bangladesh Liberation War (1970-71):
- The Bangladesh Liberation war was fought from 1970-71 between the Indian Gov and
the Bengali rebels on one hand and the West Pakistani administration on the
other hand.
- The main point of contention or dispute was the creation of a separate homeland
for the Bengalis of East Pakistan by the name of Bangladesh.
- The West Pakistani administration was against this move and committed a number
of atrocities and an act of genocides, war crimes, from 26th March to 17th
December 1971.
- During the entire war, the American forces openly supported the Pakistani
administration.
- It has also been alleged that the American Administration provided the Pakistani
dictatorship of General Yahya Khan with arms, ammunition, and weapons.
- Further the Soviet Union Openly supported Indian and during the Indo Pak war of
1971, the Soviet Navy under its 6th fleet was stationed in the Bay of Bengal to
prevent any interference by the Americans or the Britishers in favor of Pakistan
Soviet Invasion Of Afghanistan (1979-187):
- Another instance during the cold war when the Soviet Union and America
were at the border of a major collision was when the Soviet Union invaded
Afghanistan in 1978, on the invitation of the communist party of
Afghanistan.
- Even though the democratically elected government of Afghanistan acutely
failed and was replaced by a Soviet Controlled Afghan Communist Party.
- However, the General Population of Afghanistan did not give up, and with
the covert support of the Pakistan Secret Service ICI and American Secret
Service, CIA, Afghan resistance fighters known as the Mujahideen started
fighting against the Soviet occupation, with the covert support of Pakistan and
the U.S.A.
- The American Secret Service was alleged to have trained, aided, and
financed the Afghan Mujahideen in the training camps of Peshawar, Quetta, and
Multan.
- The American forces also supplied the Mujahideen with critical missiles
and ammunition to counter the Soviet Army.
- It is also that the American establishment was stationed for many years
in Peshawar, Pakistan, and oversaw court military operations against the
Soviets in Afghanistan.
- Therefore, even though the USA and USSR were not directly fighting the
war in Afghanistan but yet they were covertly planning and plotting against
each other. It was also during the time that America recruited a Saudi militaire
Osama Bin Laden and other influential members of the Saudi Royal Family to fight
the so-called religious war against the USSR in Afghanistan.
- The American involvement came to an end in 1987, the Soviet forces
withdrew from Afghanistan and the American Forces withdrew from Afghanistan
and the American forces left Afghanistan to its condition.
- This indirectly led to the rise of the Taliban in Afghanistan in the
1990s.
Disintegration Of Soviet Union
- By 1985, the Soviet Union had elected a new leader by the name of Mikhail
Gorbachev as the new President of the Soviet Union.
- Mikhail Gorbachev was an exception to the earlier Soviet leaders, as he spoke
about democracy and freedom of speech and expression in the Soviet Union.
- However, once he started propagating these ideas to the Soviet people, there
were large-scale protests and calls for democracy in the Soviet Union.
- The ideas of Mikhail Gorbachev, mainly Glasnost and Perestroika, which means
western education and opening of Soviet society, became very popular, and
pro-democracy movements started taking shape throughout the Soviet Union.
- Other republics within the Soviet Union, were being oppressed and controlled by
the Soviet leadership in Moscow. Also, started demanding independence.
- In 1987, the Soviet troops withdrew from Afghanistan, and demands for greater
freedom and autonomy started increasing within the Soviet Union.
- By 1990, communism was collapsing throughout eastern Europe including
Czechoslovakia, Hungary, Romania, Poland, East Germany, Yugoslavia, and the
Soviet Union.
- By 25 December 1991, the Soviet Union disintegrated into 15 independent
states with Russia as the biggest country and the successor to the Soviet
Union
- Boris Yeltsin became the first Premier of Russia but at this time, Russia was no
longer a superpower.
- The USA in 1992 emerged as the only superpower but now China, Russia, have been
challenging this position since 2014, and in December 2021, all three countries
claimed to be the respective superpowers.
The Concept Of Marxism
- The concept of Marxism lays down an important proposition that class
relations and social conflict are closely related to each other and that any
society will progress only if the resources of the state are equitably
distributed and classless and casteless society is created for the
development of the nation
- The concept of Marxism developed because of the writings of German
philosophers including Karl Marx and Friedrich Engels.
- Over a period of time, the concepts of Marxism have evolved into various
sub-ideologies and ideas, and therefore, there is no fixed definition of
Marxism.
- The concept of Marxism has now been integrated into a lot of other
theories which are as follows:
Criticism Of Capitalism
- The concept of marxism is built upon the concept of capitalism. The
concept of capitalism believed in the concept of a free market and a free
economy, in which businesses could survive, only by competing with each
other
- A capitalist society is supposed to be controlled by the owner or
capitalist, who will have access and control to all factors of production
including land, labor, capital, and entrepreneurship.
- In a capital state, the state will have a very minimal role and take
care of the resources of the state.
- A capital society believed in the concept of power struggle and survival
of the fittest.
- This was, however, criticized by thinkers including Karl Marx and Engels.
- They were both of the views that the primary function of the state
should be the welfare of citizens and the workers.
- According to Marx and Engles the state cannot shy away from its prima
facie duty and that is to take care and ensure the equitable distribution of
resources.
- Marx and Engles were fierce critics of capitalism. They were of the
view that under capitalism the rich become richer and the poor become poorer.
- According to Marx and Engles, the workers are exploited in a capitalist
society, and without the help of the state intervention, they are liable to be
exploited by the rich, the powerful, and the upper class proletariat.
- Marx and Engles also criticized capitalism on the ground that a
capitalist society creates an unequal distribution of wealth, competition, and
resources.
Different forms of Marxism:
There are different forms of Marxism, which are synonymous with certain
countries, which follow Marxism, with a bit of local variant and changes which
are as follows:
- The Soviet Brand of Marxism was initially propagated by a person named Vladamir Ilyich
Lenin and was founded at the end of the first world war.
- The Soviet form of marxism believed in the concept of a classless and
casteless society where all factors of production were owned by the state and
the state did not allow for private enterprises to flourish.
- Under the Soviet Union, from 1918 to 1991 there was the one-party rule,
and that was the communist party of the Soviet Union.
- Further, the state gave much emphasis to fundamental duties, rather than
the concept of Fundamental Rights.
- The decisions within the Soviet Union were mostly taken by the Communist
Politburo which was headquartered in a place called Kremlin in Moscow
- The Soviet Politburo was heavily influenced by the Soviet Secret
Service, namely the KGB.
- And the Soviet military played a very key role in controlling almost all
the aspects of the Soviet Union.
- The Soviet Government also introduced the concept of five-year plans, so
that the Soviet establishment could control every aspect of Soviet
governance.
- A Soviet leader by the name of Josef Stalin further promoted the concept
of a five-year plan, but he also was of the view that actual power must vest
with the Soviet Politburo and the democracy of the freedom of speech and
expression were an enemy of the Soviet state.
The Soviet Union and its foreign policy
- The foreign policy of the Soviet Union during the cold war was to spread
the Soviet influence throughout the world.
- During the cold war, the Soviet leadership under Josef Statin and Nikita
Krushchev wanted the Soviet brand of marxism and socialism to spread throughout
Eastern Europe.
- The Soviet establishment also formed a political alliance called the
Warsaw Pact, so that communist countries could come together and form a
political alliance against NATO.
- The Soviet leadership also intervened and installed a pro-communist
government in Hungary, Czechoslovakia, Poland, Albania, and Lithuania.
- The only communist government which was not a part of the NATO or the
Warsaw Pact was Yugoslavia.
Foreign Policy of Russia Pact Post 1992
- On 25th December 1991 the Soviet Union disintegrated and broke up into
15 independent republics.
- The newly formed country of Russia, which was the successor of the
Soviet Union, was going through a period of economic hardships and political
instability.
- The first President of Russia, Boris Yeltsin had to devalue the Russian
currency rouble and borrow from the IMF to come out of an economic crisis.
- The Russian establishment also had to open up its economy and some
degree of private entrepreneurship was allowed.
- However, Russia continued to be Anti-US and Anti-NATO.
- By 2000 the Russian economy started showing the science of revival and
Vladimir Putin initially became the Prime Minister of Russia.
- Vladimir Putin sought closer relations with India and China and closer
collaboration in Eastern Europe, Latin America, and Southeast Asia.
- Vladimir Putin in particular promoted closer friendship and a stronger
relationship with India, especially in defense and foreign policy.
Russia, Islam, and Chechnya
- Islamic republic Chechnya has been an important part of first the soviet
union, and then Russia, considering the fact that Russia had to fight 100
years of wars which lasted till 2009 for the control of the province of
Chechnya.
- Chechnya was an integral part of Soviet foreign policy and then Russian
foreign policy because the Muslim majority in Chechnya was always against
the christen rule.
- After the disintegration of the soviet union, the Russian forces started
a war, but soon it turned very violent in 1992 when Chechnya rebels under
the Shamil Basayev started a gorilla war against the Russian army
and inflicted heavy casualties upon.
- From 1999 to 2009 the Chechnya rebels were joined by the Muslim rebels
of another autonomous republic called Dagestan and Chechen rebels declare
the holy war or jihad against Russian forces.
- The Russian forces wanted control of the capital of Chechnya namely Grozny and wanted to disable Chechen forces.
- The Chechen and Dagestan rebels were sooner joined by armed Afghan Mujahideen.
- The Chechen rebels became very infamous for mass kidnapping and attacks
on schools and colleges in Mosco.
- One such incident was the Beslan hostage crisis of 2003-2004 in
which Chechen rebels kidnapped entire schools for ransom & hostages but counter
operations by Russian forces went wrong and 200 school children were killed
along with the Chechen rebels by the Russian army.
- However, by 2009 the Russian forces brutally suppressed the Chechen but
not before Chechens had killed 1000 Russian forces.
- This war was also notorious because both sides had committed the worst
of war atrocities including rape and sexual slavery.
- A lot of international law experts have also blamed Vladimir Putin who was then prime minister of Russia. Then Russia is responsible for
state sponsor terrorism and Russian forces using rape and sexual slavery war to
be.
Chinese Model Of Socialism Of Governance
Introduction
- Chinese model of socialism and state government recently become
very controversial because of the fact that the Chinese government has been
accused on two ground:
- Crushing the rights of religious minorities, including Uyghur Muslims,
Tibetan Buddhists, Ethnic Christians, Sexual minorities, and the internal
freedom of residential of Hongkong.
- Following a very aggressive foreign policy of checkbook diplomacy, Neo
imperialism, and violating of territorial sovereignty and integrity of many
countries in east and southwest Asia.
- The neo-Chinese concept of- As of now is controlled by the
ideology of current Chinese president XI JINPING who wants the development of
greater China and rise of Chinese socialist dragon.
Rise Of Chinese Socialism And Communication
- Chinese model of communication developed in 1950 when the
communist party of China came to power after a bitter struggle with
pro-democracy forces.
- The leader of the communist party of China was MAO ZEDONG, while the
leader of pro-democracy forces was Chaing Kai Shek.
- Pro-democracy forces were defeated and fled away to Taiwan.
- From 1950 to 1976 Mao Zidong was the chief of the communist
party of China. And he implemented a policy of support towards the communist
model of governance and very close interaction with the outside world.
- It was because of this policy that China was not recognized by the UN,
till 1971, and Chinese leadership did not encourage much interaction
with the outside world.
- The Leadership in China was vested with the communist party of China,
but all the important decisions were taken by the Mau Zidong.
- Until 1976, there was no private entrepreneurship in China and Mao Zidong had come up with his own brand or ideology known as red book
ideology, which was supposed to be followed by every Chinese
Great Leap Forward From 1982 To The Present.
- In 19882 Chinese government decided to open up its economy, promote
exports, and aggressively pursued a strong foreign policy
- The Chinese establishment started promoting the mass export of
goods at competitive prices.
- The Chinese govt started promoting the opening of the embassy
of conciliates in different parts of the world, pursuing checkbook diplomacy,
and trying to aggressively promote the Chinese brand of communism throughout the
world.
- During this time the Chinese govt has always maintained south
China in its property. Taiwan and Hongkong an integral parts of China.
- The Chinese communist party has allowed for Chinese to do
outside business, but with strict terms and conditions.
Module -IV -Impact Of Globalization On Administration Of Justice In India
Globalization And Access To Justice In India
Introduction
- Globalization as a phenomenon has made sure that it has its effects in
India. Even though the process of globalization started in India. Only after
1991, yet in the last 30 years, India has become one of the hubs and epic
centers of globalization.
- These all started in 1991 after the then finance minister Shri Manmohan
Singh introduced the policy of LPG( liberalization, privatization &
globalization) and converted India into a mixed economy from a socialist
economy. ( all factories of production is governed by the state)(land, labor,
capital, and entire renewers)
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