JMC MUN 2015: The Expositor, Day 2

8/9/2019 JMC MUN 2015: The Expositor, Day 2

1/10JANUARY 24, 2014 | CLOSING ISSUE 1

ExpositorThe

JESUS & MARY COLLEGE MODEL UNITED NATIONS15

In a discussion regarding a draft resolutionauthored in part by the delegate ofthe United States, clauses regardingworkshops to sensitize the populacetowards marginalized communities andanti-discriminatory legislation to combatincitement to hatred led to some rathercontroversial remarks in discussions inthe United Nations Human Rights Council.

Delivering an accusation, the delegate

of Argentina pointed to the tendency ofpeople who appear to be Middle Eastern tobe randomly selected for airport securitychecks and being generally ill-lookedupon. The delegate of Montenegro inquiredabout the conditions in Guantanamo

Bay, where prisoners (122 as of January2015) have been suffering injustice inall kinds of horrific forms for over adecade, and the delegate of USA promptlyreminded the concerned delegate thatGuantanamo Bay is none of your business.

While receiving some appreciation, thissingular comment has a dark background toit. Ever since the September 11 attacks, theUS has become a breeding ground for racial

profiling and stereotyping. Condemners ofthe attackers were justified, but the moreextreme ones need to understand thatSikh, Arabic-looking or Muslims peoplehad nothing to do with the tragic event.Such individuals in great numbers or

with great power can make life needlesslydifficulty for the minorities concerned.

In an extension of the same ideas, one mustalso recognize the discrimination presentin the Western world even today against itsown citizens, i.e., African Americans, Latinos,Asians, Arabs, LGBTs and more. Statisticsshow injustice against these groups, such asthe recent shooting in Ferguson, Missouriwherein a policeman gunned down the

unarmed Michael Brown and was releasedwithout charge. The world must see thateven the most developed of nations arecorrupted with racism and stereotypes, andonly then can we achieve equality for all.

In the land o the ree and the home o the brave, a melting pot o cultures boils ar too hotly, reportsAbhishek Bhan.

JESUS & MARY COLLEGE MODEL UNITED NATIONS15EXPOSITOR

The

Guantanamo Bay is NoOnes Business-USA


2/10JANUARY 24, 2014 | THE EXPOSITOR 2

The delegate of Germany cited the useof trade secrets as an efficient form ofcollateral to be used against debts. Thedelegate listed out many forms of non-traditional forms of Intellectual Property(IP), including domain names, websites,and geographical indicators. The delegateproposed that such property rightsshould be clearly defined as it will go along way in helping companies to clearlarge debts. Germany cited an example

of the California-based tech company,Uber, which cleared a debt of $4 billion,using their trade secrets as collateral.

This was seconded by the delegate

of Brazil, who added that secretslike a consumer database can bebeneficial to the firm who gives thedebt as well as the one who receives it.

This was criticized by many delegates,on the ground that, unlike patents, theparent company has the power to revealthe secret to a third party which willrender the collateral as worthless for thecompany holding it as collateral. This

was elaborated on by Italy, which statedthat even if there is a partial leakageof the secret, the value of the collateralwould depreciate rapidly, and thelending party would incur heavy losses.

The whole concept of sharing customerdatabases with other firms, whether ascollateral or otherwise, was stronglycriticized by the Russian delegatein harsh terms, calling it a breachof trust, and a highly immoral act.

As a whole, it remained an inconclusivemotion, with many voices supportingthis innovative, yet unreasonablemethod of clearing debts by using trade

secrets as collateral, but they wereopposed by a plethora of commentswhich pointed out legal, economical aswell as moral anomalies in the same.

Trade Secrets Viable asCollateral against Debts

- GermanyTe German delegation puts orward a novel method o clearing debts while Russian Federation

disagrees.Naseer Jafri reports.

UN COMMISSION FOR INTERNATIONAL TRADE LAW



To question a question is often a biggerquestion. It is often vital to look at ourmost colossal and powerful measuresin critical retrospect and contemplate

their capacity of creating impact in lightof the very integrity of such impact.Having closely witnessed the recentmodern debate over the need for aninternational model trade secret law,I take it as my prime responsibility todisclose the many conclusions withinthis symmetric window. There areno two ways to the fact that secrecyimpedes the diffusion of information. Itis interesting to note that by rewardingsecrecy and enhancing the protection

measures available, trade secret lawshall encourage enterprises to maintainconfidentiality, thus posing threats toinnovation and increasing potentialcosts. Robert G. Bone has remarked- When one firms stronger tradesecrecy prevents other firms frombuilding on the information, the pace ofinnovation is likely to slow with negativeeffects on economic productivity.

Though many might label this opinionas typically Marxist, however, I implore

you to follow my argument on lines ofpracticality and feasibility, and view itas the larger debate outside the typical,boxed Marxist versus Capitalist battle.By default, trade secrets offer economic

leverage to the holders, and it is natural fora trade secret owner to want to safeguardits secret and thus push for broader legalprotection. Simultaneously, however it

is important to note that such incentivesare not necessarily optimal for the worldat large. This results in the generation ofexternalities such as expensive litigation,and most importantly, concentrationof commercial information in thehands of few which creates marginaldivides. There also exists the solemnthreat of misuse of the trade secrets bythe owner itself. A Trade Secret Lawimpedes dissipation of philanthropicinformation, especially common in

the health and security industry, andgiven this empirical uncertainty, myskepticism regarding the very creationof the model law is augmented. Theworld must recognize that the proprietorof a trade secret is rendered at a lossuntil and unless they acquire sufficienttechnology to put the information touse; hence, it is often important toshare some amount of the information,resulting in partnerships, and increasesawareness of the secret. The very utilityof a secret, thus, almost rhetoricallyposes a threat to its remaining a secret.

It is vital to affine my comment withanother basic, parallel concept. Whereasmisappropriation of trade secrets relates

only to the usage of improper acquisitionof secret trade information, scholarshave prescribed that there is a host ofother fairly legal pathways for the same.

Professor Nasheri writes about a few suchmethods - including but not limited toscanning trade-show floors, combingthrough websites, and reviewingfilings with regulatory agencies, astools of the espionage community. Theline of argument here is not to defy theessence of trade secrets, but to recognizetheir capacity to bolster economies. Thequestion raised, is not whether tradesecrets are healthy or not, but to studythe infringement they inherently cause

to the freedom to commercial enterprise,and to remark that the model law inprogress pays no heed to this aspect.

Is it not the policy of law, to both foster andprotect commercial enterprise? Indeed.New legislature must be drafted keepingin mind that the public has a manifestinterest not only in the maintenanceof commercial ethics but also incommercial renovation and development.This bigger question must hence beasked by each global citizen, for itleads to more comprehensive answers,that hold the dramatic capacity tomold our commercial experienceat both micro and macro levels.

Questions of QualmAs the UN CIRAL gradually moves towards drafing a universal and uniorm model law orthe protection o trade secrets and other non-traditional intellectual property, Journalist NikitaBiswalpresents an alternate perspective.



4/10

Nations Stress Collaboration as Solutions to ArmsTrafficking EmergeHavisha Khuranareports on the deliberations o the Disarmament and International Security Committee

The final day of deliberations sawdelegates attempting to locate theloopholes that had existed for a long timein the context of conventional weapons.

Republic of Korea suggested that aunification of treaties should take place.According to the delegate, there aremany simultaneous agreements that arebeing signed upon which point towardsthe same goals. Instead of having manypapers with the same goal, one complete

treaty should be signed that aims towardsthe similar purpose. The delegates fromNicaragua and Afghanistan talked aboutthe need to strengthen ground controlby improving border security, setting upmore check points, and collaboration ofvarious sectors within a region mainly,

military, civil servants, and the police force.

This discussion was furthered by thedelegations from Spain, Mali, andSweden. They recommended severalsteps to keep a watch on the supplyof arms. They suggested that everysupplier should ask the purchaser tofill a form where they mention theirmotives behind the purchase and thatthe license for manufacturing andsupplying should be given only after

inquiries. Kenya suggested that thegovernment should be in constant talkand have candid relations with thesuppliers to gain information about thecostumers. In order to regulate the reachof arms, manufactures should printtheir logo or barcodes on the weapons.

A GPS chip inside the weapon wouldhelp in recognizing the terrorist hubs.

Bangladesh boldly took their standin support of arms transfer. Theyemphasized that it is crucial for countriesthat dont produce any arms to haveaccess to these weapons. However, thedelegate of Albania stated that most ofthe oil and diamond mines were ownedby rebel groups, and they would henceexchange their resources for weapons.

Uganda specified the extent of theissue by mentioning unemploymentand little involvement of women.

It remains to be seen however whetherthe actual implementation of thesesuggestions will be successful or not.

UNITED NATIONS GENERAL ASSEMBLY: DISEC

JANUARY 24, 2014 | THE EXPOSITOR 4



Nowadays, the terms jihad and terrorismare often used interchangeably but howclosely linked are these two notions?

Jihad is roughly translated as holy war,i.e. religiously sanctioned warfare andhas been around for more than 1300

years. On the other hand, terrorism, as a

doctrine, is little more than two centuriesold when we take the Terreur phaseof the French revolution as a point ofreference. Since then, both terrorismand jihad have evolved to some extent.

It is commonly acknowledged that theUnited Nations has not managed toarrive at an internationally bindinglegal definition of terrorism. Thereis however, a greater degree ofagreement on a definition of terroris

The next pertinent question that arisesthen, is what exactly is the role ofterrorism in jihad? The subjugation andsubsequent radicalization of Islamistoppositional groups in the latter halfof the 20th century in the Middle Eastand North Africa steered in a period ofstreamlined and politicized theologicalinterpretations as Islamic warfaredoctrines were re-interpreted by youngradicals, lacking formal religiouseducation. These sub-state actors adoptedbits and pieces from classical jihad

theories to fit their needs. Since the 1990s,there has been a shift away from the mereuse of terrorist tactics to the constructionof genuine terrorist strategies. Doctrinaire

jihadis regard terrorism as legitimate,

since their goal establishing a justIslamic orderallegedly justifies wholesalepolitical violence. Militant Muslimactors like Osama Bin Laden and AbuMusab al-Suri have formulated intricatedoctrines merging terrorism and jihad bycherry picking verses from the Quran.

m in the academic world whichcharacterizes terrorism as a ...conspiratorial practice of calculated,demonstrative, direct violent actionwithout legal or moral restraints, targetingmainly civilians and non-combatants,performed for its propagandistic andpsychological effects on various audiencesand conflict parties. However, terrorismalso refers to a doctrine of irregularwarfare and indeed, jihad can containelements of terrorism in terms of

philosophy, strategy and methods. Atthe same time, jihad also has variousdifferent meanings in modern Muslimculture, such as an effort towards areligiously commendable goal, or simplya crusade, such as a crusade againstalcohol, which might, for example, beused as a slogan in an Islamic countryto further a public health campaign.

The broader concept of Islamic warfare isnot a revolutionary one but is dominatedby an imperialist worldview, which has

at its core the conquest of territory. Inthe broader concept of Islamic warfare,terrorism is but one element and it ismainly used for deterrence and fortactical purposes. Classical expansionist

jihad is first and foremost a collective,which is considered to be fulfilledonce a certain number of warriorsappointed by the ruler are sent intobattle. Sub-state actors, on the otherhand, mostly interpret contemporaryterrorist jihad, as an individual religious

obligation that depends on personalinitiative and on Gods guidance.

While many Westernes regard Islamsmartial culture as inferior due to its

gruesome connection to terrorism, thisview does not stand the test of carefulhistorical analysis but is based on culturalbias. War crimes, including terrorism,have been, and continue to be, frequentoccurrences in Western forms of conflictwaging. Moreover, many academics have

drawn out several parallels betweenjihad and the crusades, which remain tilldate a blot on the history of Christianity.

In conclusion, jihad stands for a broadcomplex culture of Islamic warfare bystate and, more recently, sub-state actors.On the one hand, it includes certaindefined concepts related to terrorism andpsychological deterrence. Yet, on the otherhand, it also includes clearly formulatedrules regarding the safeguarding ofcivilians and non-combatants in times

of war. So no, jihad should not instantlycreate for us a picture of extremely angry,sword wielding Muslims waging holy-war against the world. And needless tosay, jihad is not a synonym for terrorism.

The ManyFaces ofJihad

NATIONAL SECURITY COUNCIL

Sanjana Ahuja argues that jihad and

terrorism are not two sides of the samecoin.



The Diary Entry of a Paranoid Father

ParisJanuary 9, 2015

Today, I had to pick my 5-year olddaughter from school. I rushed fromoffice to work because I already wasfifteen minutes late. When I reached herschool, I found her buying toffees froma woman. I normally would not have aproblem with that, but that woman waswearing a Burkha, so I ran to her andthrew away the toffees she had bought

from that woman. I told that woman to goaway and never come near my child again.

After she left, my daughter asked me whyI had done so. I didnt really know what

to say to her, so I explained to her thatpeople who keep their heads and facescovered are called Muslims, people whokill in the name of God. She was terrifiedand asked me if all Muslims killed in thename of God. I told her that most of themdo. Even though there are Muslims whodont, there is no way of knowing whohas what intention. I advised her to stayaway from Muslims to keep her safe.

I later wondered if I had done the correct

thing. Did I tell her the right thing to do?The recent attacks in the Charlie Hebdooffice have terrified me. Im scared of

going to work. Im scared of sending mychildren to school. Maybe in the process

of telling her to protect herself frompeople who might harm her, I endedup planting preconceived notions inher mind. But what choice did I have?

Leave her aside, even Im afraid oftalking to the Muslim colleagues in myoffice now. Ive begun to keep a distancefrom them. Maybe I am stigmatizingthem, but for the sake of my safety, thatis a very small price to pay. Since theattacks, Ive begun to see every Muslim

as a potential terrorist. I dont know if Illever be able to talk to them again. Maybethey are good people, maybe they arenot. Whatever it is, Im too afraid to try.

UNITED NATIONS HUMAN RIGHTS COUNCIL


7/10

With the news of the hijacking of IC814 and several subsequent updatesfrom the Prime Ministers office comingin, members of the National Security

Council raised several questions aboutthe plausible solutions to the issue ofhuman security at hand. Amidst thisdiscussion centred on an urgent andcrucial next step, the most fundamentalsuggestion was the usage of paratroopersfor a covert operation on IC 814 inLucknow.

This debate arose due to pertinentfeasibility issues. The need of the hourwas to ensure the safety of the citizens,but getting the National Security Guardto Lucknow within a specified timeframe was not a feasible option. Hence,the usage of paratroopers was heavilydeliberated upon so as to be able to reach

a substantive conclusion at the earliest.

In strong support of the suggestionwas the Minister of Defence, who

believed that after creating a diversion,the paratroopers could act swiftly andneutralize the terrorists, which wouldhelp them to further secure the aircraft.However, this viewpoint was out rightlyrejected by several members, includingthe Minister of State for External Affairsand Director of Intelligence Bureau.According to them, any covert actionwould put the lives of the passengers atrisk and there was no guarantee of 100%success.

The update which highlighted that thehijackers had agreed to land the plane atthe Lucknow airport due to low fuel wasa major catalyst in fuelling this debate

about the alternative courses of actionthat could be taken. The Indian securityofficials believed that they needed toact fast to ensure that the aircraft does

not leave Indian airspace. This is wherethe Chief of Air Staff came up withhis suggestion of a covert action planthrough the paratroopers.

Towards the end, however, anotherupdate resulted in the cancellation ofthis move. When the plane was landingat the Lucknow airport, the hijackersfound a sniper positioned in a buildingand sensing some disturbance, theywent ahead and killed a passenger.Post this activity, the National SecurityCouncil conclusively gathered that anyfurther action that might antagonizethe terrorists and put the lives of thepassengers further at stake.


Battling Feasibility

Issues throughAlternative

ActionsAs the Indian security apparatus gears upto chart out a course o action to ensure thesaety o its citizens, Rukma Singh reportson the deliberations and negotiations in theNational Security Council.

NATIONAL SECURITY COUNCIL



The Overarching Grey Areas of LawNikita Biswalrecords the deficient nucleus o the proposed model law or trade secret protection.

While I checked the gash on my toes, Ialmost missed the speck right under my

nose.

The international model law beingproposed in the United NationsCommission on International TradeLaw is an ambitious one. It seeks totake bolstering measures to empowerlegal mechanisms and address a jungleof issues pertaining to trade secretprotection. However, I am afraid, itsbasis is formed on rather muffledfoundations, and grey areas loom large.The creation of criminal liability ininternational and national law forthe misappropriation of trade secretsadvocates for strong legal reform, stirringthe idiomatic glass of question juice and

generating fresh debate. In a recent case,the United States V. Cotton, a defendantpled guilty to stealing and attempting todeliver military trade secrets to a foreignnation. The trade secret essentiallypertained to radar jamming, electroniccountermeasures and the ability topinpoint enemy signals during warfare.

The number of such federal tradesecret cases quadrupled between 1988and 2004, and is expected to doubleagain within six years. This acts as ademonstration of the fact that not onlyhas the number of trade secrets beingmisappropriated magnanimously grown,but also the information hence acquiredis of immense significance to possessors.Albeit legal thinkers suggest thatdespite critical trade secrets being

misappropriated with greater frequencyis astonishing, it is not adequate by itself

to justify such strong legal protection.It is well known that stronger legalprotection leads to heightened expenses.Intrinsically, it is said, we need to knowhow much trade secret theft is takingplace before we can balance the benefitsof stronger legal protection againstthe costs. Herein it is suggested that inorder to speak in absolute terms and totailor legal pathways to address diverseand varying cases, it is rudimentaryto perhaps sufficiently articulate anormative framework which helps inquantifying and analyzing such casesbefore universal models are created.

Yet it must be argued that relianceon anecdotal evidence only providesanalogy and does not present firmprinciples, which in fact, is the primepurpose that drives this assembly at the(UN CITRAL). However so, even when theabovementioned concerns deliquesce,one major grey area of conflictingpractice remains unaddressed -

In this day and age, most legal culturesutilize civil law to litigate cases ofmisappropriation, as it provides greaterlitigation control, cost effectiveness andbetter speed while litigating trade secretcases where national interests arentimplicated and international parties arenot involved. This preference of civillaw over criminal law is often associatedwith the increased cost of litigation and

the difficulty of collecting judgmentin criminal law. It is however often

suggested on the international forumthat civil enforcements alone, often,prove to be insufficient methods toaddress such lawsuits and civil courtsend up under-enforcing judgment.

Questions are also raised about thecreation of secondary liabilities on thirdparties, and whether or not they offer aconstructive method to effectively litigatetrade secret cases and save potentialexpenses. Professor Rustad suggests thatsuch liability along with the additionof a private cause of action will addimport to existing universal mechanisms.

Though these two features of the widerpicture under debate are salient, theyform the fundamental alkalis of aninternational model law. While thecommission must take note of the relativeexpediency of legal cultures, we must alsotake cognizance of the fact that thoughfederal criminal law cannot substitute forcivil law, a combined enforcement shall

deter misappropriation better. It must benoted that the purpose of this analysisis not to establish but to de-establish, sothat prototypical markers may shift andhorizons may widen, and to provide asterner overview to the universal law beingdrafted, in order to maneuver nothingbut the most superlative legal modelfor the growing international world.


UNITED NATIONS HUMAN RIGHTS COUCNIL

We the (Judgmental) PeopleNaina Katariacontemplates the impact o prejudice in everyday lie.

Imagine a world where homophobia,sexism, and racism do not exist. Peoplewould accept each other for whothey were. Can you? I surely cant,

because I cannot help but crack a jokeevery time I see a south Indian whosecomplexion is darker than my hair.Thinking about prejudice, I realize howprejudiced I am about the people I meet

every day. Women are bad drivers,Muslims are potential terrorists, andhomosexuals are unnatural and weird.

Weird. This got me thinking onwhat constitutes our definition ofweird. Anything that is not normalto our understanding within ourspecific societal spheres is weird.

Analyzing statistics from the USA forexample, African-American comprise13% of the US population and 14% ofthe monthly drug users, but 37% of the

people are arrested for drug-relatedoffenses. The police are more likely to pullover and frisk Latinos than the whites.

Cont. on Page 9


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UNITED NATIONS HUMAN RIGHTS COUCNIL


Even after being arrested, African-Americans are 33% more likely thanwhites to be detained while facing afelony trial in New York. In 2010, theUS Sentencing Commission reported

that the African-American convictsreceive 10% longer sentences thanwhites through the federal system forthe same crimes. For a country whoseleaders had dreams of uprootingracism, this is surely a disappointment.

In our own lives we are, of course,aware of gross injustices and eventsthat have happened to us. It couldbe a rejection by family or friends, aviolent attack, or being fired from a jobor not receiving a promotion becauseour boss is homophobic. But we takethe little injustices for granted. We donot realize that it is the little injusticesthat foster hatred and gradually give

birth to violence and bloodshed.

Muslims, who have been largelystigmatized for no fault of theirs, willprobably spend their lives in alienation

and misery and their children will growup feeling suffocated. This will furtheraggravate the tension between thecitizens, thereby leading to social unrestin the country. Is that what we want? Wemay not realize it, because to us, crackinga joke or out casting people simply on thebasis of their gender, religion, or sexualpreferences would be normal. But if thereare many like us, who have the seedsof prejudices planted in their brains,the sufferers would bear the fruits,namely discrimination and intolerance.

Moreover, prejudices are not onlyharmful for the society and the people,but for those who judge as well. Think of

it this way. If we managed to fight ourmental barriers and be accommodatingtowards people, if we found it inourselves to accept and love peopledespite our preconceived notions against

them, wouldnt we be happier people?If we learnt to diversify our definitionof the word normal, we would bemaking our own little contribution tomaking this world a peaceful place.

In conclusion, I feel that more than thesteps that can be taken by the governmentsand the international agencies, we, thepeople can contribute to the combattingprejudice. If we, despite all our differencesplace love and humanity above all,well be doing our own bit towards thiscause. So let us keep this mind, for itis the little drops that make an ocean.

Cont. from Page 8


10/10

Chief Editor

Anushka Kaushik

Creative HeadAnushree Malik

JournalistsNaina Kataria

Abhishek Bhan

Rukma SinghNitika BiswalSanjana Ahuja

Shaina AhluwaliaNaseer Hussain Jafri

Havisha Khurana

PhotographersAnkit Kumar Srivastava

Yatharth BuddhirajaRaunaq Singh Ahluwalia

The International Press

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JMC MUN 2015: The Expositor, Day 2