International treaties and conventions on the Baltic Sea may help in arriving at a solution for the fishermen problem between India (Tamil Nadu) and Sri Lanka (Northern Province), according to Nirmala Chandrahasan, a veteran legal expert.
Talking to The Hindu on Wednesday, Dr. Chandrahasan, who published the book 'Maritime boundaries in the Indian Ocean: Sri Lanka and the Law of the Sea' a few years ago, said the conventions essentially dealt with marine conservation and research. “If the two countries enter into similar arrangements, the resources can be enhanced on both sides,” she said, indicating that the decline in the catch on the Indian side of the Palk Strait is the major reason for fishermen of Tamil Nadu crossing the International Maritime Boundary Line (IMBL).
The Helsinki Convention was originally signed by seven Baltic coastal states in 1974 to address issues related to sources of pollution. In 1992, all the states bordering the Baltic Sea and the European Community (a precursor to the European Union) signed a fresh convention. In April 2009, the European Union and Russia signed an agreement to protect and enhance the marine environment in the Baltic Sea area.
Against IMBL review
However, the legal expert, who is the daughter of Dr. E. M. V. Naganathan, one of the founding members of the Ilankai Tamil Arasu Kadchi (ITAK) and daughter-in-law of S.J.V. Chelvanayakam, ITAK’s founder-leader, strongly feels that no attempt should be made to take a fresh look at the IMBL, a move which, she says, will only trigger a chain reaction in other regions.
“In international law, once signed between two countries, treaties are binding. Besides, no unilateral review can be carried out. If both parties are willing, a review is possible," Dr. Chandrahasan says.
As for the current issue , there has to be an understanding at the political level between the two countries.
“We can even allow small fishermen of Tamil Nadu using ‘vallam’ to do fishing in Sri Lankan waters on a negotiated basis in view of historical ties, but there is no room for negotiation in respect of trawler fishing,” she says.
India, Sri Lanka can emulate international conventions to resolve crisis, says legal expert
