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The International Bar Association (IBA) stands as a venerable institution that has indelibly influenced the global legal landscape since its establishment in 1947. This organization, with a mission rooted in the preservation and advancement of the rule of law on a worldwide scale, serves as a unifying force for legal practitioners, bar associations and law societies across the globe.

The IBA has traversed a remarkable journey over the past 75 years, evolving from an association primarily of bar associations and law societies to one that now includes individual international lawyers and entire law firms as active members. Today, it boasts an extensive and diverse membership of over 80,000 individual lawyers representing some of the world’s most prominent law firms. Additionally, it includes approximately 190 bar associations and law societies spanning across more than 170 countries.

Chief strength of the IBA lies in its extensive expertise and the support it extends to the global legal community. Through its vast and diverse membership base, IBA wields significant influence in shaping international legal reforms and the future of the legal profession on a global scale. This influence permeates not only policy development but also the broader legal discourse, shaping the legal world’s trajectory.

My engagement with IBA’s programs over the past decade attests to my unwavering commitment to personal and professional growth in the legal field. These initiatives encompass a broad spectrum of activities, including seminars, conferences, workshops and potentially educational courses, all designed to enrich the knowledge and skills of legal practitioners.

The cornerstone of IBA’s seminars and conferences is to provide a profound academic dimension to the lives of professional lawyers. This dimension is vital, as it forms the basis on which their legal expertise is built. Lawyers are not just practitioners of the law; they are also highly academic individuals, who need to possess a deep understanding of the legal theories, principles and doctrines that underpin their practice.

Legal landscape is a dynamic realm where IBA has emerged as a pivotal institution, serving as a beacon of educational enlightenment for legal professionals. The IBA’s seminars and conferences are thoughtfully designed and meticulously curated to cater to the unique academic and intellectual needs of lawyers. These events offer a platform for the exchange of knowledge, ideas, and experiences, bringing together legal experts, scholars and practitioners from around the world.

Recently, IBA concluded its annual conference for 2023 in Paris. However, there are areas where IBA can improve and continue to be a trailblazer in the legal community.

IBA functions as a mediator in numerous international disputes, amplifying its influence on a global scale. The question that naturally arises is: Why doesn’t the association further leverage its considerable influence?

I would like to ask IBA President Almudena Arpón de Mendívil Aldama to enhance the experience of its members in several significant ways. Firstly, IBA can provide its members with tools that evoke a sense of pride and recognition within the association. This might include the issuance of official ID cards or badges, which not only serve as symbols of membership but also make members more easily recognizable at IBA events, fostering a stronger sense of community and facilitating networking.

Furthermore, there is a pressing issue concerning IBA members, who encounter challenges when attempting to secure visas for international travel, especially for attending IBA conferences. It is disheartening to witness instances where members have permission to attend these prestigious events, but bureaucratic visa procedures in host nations stand as insurmountable barriers. The IBA could leverage its diplomatic influence and efforts to facilitate the visa application process for its members, ensuring their seamless participation in IBA conferences and global legal discussions.

IBA can further contribute to the professional growth of its members by assisting those who wish to pursue additional courses from international universities. This could involve forging partnerships with universities, securing scholarships or tuition discounts and offering guidance to members on selecting suitable courses to enhance their legal expertise. Lawyers and legal professionals require continuous academic growth and professional development to navigate the complexities of the legal landscape effectively. IBA can facilitate this by offering high-quality educational programs, legal resources and platforms for knowledge sharing.

The question of whether the IBA should incline toward commercialization or steadfastly uphold its core values is a matter of considerable importance. Presently, there is a perception among some members that IBA might be straying from its original purpose. This concern arises from the observation that the association imposes substantial membership fees, with a significant portion of these funds seemingly directed toward what some consider extravagant expenditures, such as organizing events in luxury hotels and incurring excessive expenses for participants.

IBA should also broaden its perspective to encompass social and human rights issues. The legal profession holds a pivotal role in advocating for justice and human rights, and the IBA, with its global reach, can be a significant force for positive change in this regard. By actively engaging with social and human rights causes, it can fulfill its broader responsibilities to society.

Hence, the leadership of the IBA should play a crucial role in steering the organization in the right direction. It should consider the concerns of its members and work collaboratively to ensure that the association’s resources are used wisely and in alignment with its core values.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades. He is also a personal member of IBA

Since the provincial assembly elections on December 26, 2022, Koshi has witnessed a series of changes in leadership. Hikmat Karki from the CPN-UML and Uddhav Thapa from the Nepali Congress both took turns as chief minister within a short period. However, their administrations fell as they failed to win a vote of confidence.

Presently, Kedar Karki, aligned with Nepali Congress’ anti-establishment faction, has been sworn in as the chief minister of Koshi province, succeeding Parshuram Khapung, the province chief, in compliance with Article 168 of the Constitution. He secured his position on Saturday with the backing of 47 members of the Province Assembly. Karki, known for his proximity to NC leader Shekhar Koirala, managed to clinch the chief ministership with the support of 39 PA members from CPN-UML and eight PA members from the NC, despite opposition from the coalition government at the Center against a new coalition in Koshi.

Currently, Koshi has sidestepped the need for midterm elections. However, the political turmoil unfolding in Koshi since the Nov 2022 polls is a glaring example of the avarice within the Nepali political fraternity. It unequivocally reflects how the country’s precarious state in every aspect can be attributed to the actions of politicians. These political leaders demonstrate an inability to govern the country in an organized manner and adhere to the constitutional framework. Because of these politicians, the constitution has become nothing but an ordinary paper.

In the past, Nepal maintained a cohesive foreign policy that garnered respect. However, this approach was disregarded by politicians, and they have struggled to formulate a coherent replacement. Our political leaders express divergent views on the national foreign policy. Even the same politicians present varying stances in different gatherings and platforms. For instance, when visiting the US, they endorse the Indo-Pacific Strategy (IPS) and the Millennium Challenge Corporation (MCC). Conversely, during visits to China, they show appreciation for the Belt and Road Initiative (BRI). Their positions are contradictory.

Nepal has sufficient natural, human, financial and infrastructural resources that can be utilized or managed effectively to enhance the country’s economic, social and overall development. These resources include minerals, water resources, agricultural land, skilled workforce, tourism potential and more. With proper planning, utilization and management of these resources, Nepal can achieve growth, improve living standards and enhance its overall prosperity. But a failed leadership has kept the country in a mess.

Despite operating within a multi-party system, Nepal is increasingly trending toward an autocratic and a single-party rule due to the prevalent practice of forming coalitions. Consequently, this trend has diminished parliamentary competitiveness. The present ruling coalition perceives itself as beyond the bounds of the Constitution and has engaged in numerous actions that surpass the confines of the legal framework.

Even neighboring countries have not extended us significant help in maintaining peace, prosperity and fostering development. It's evident that they prioritize actions that align with their own interests, and it is our responsibility to ensure our own well-being. 

At present, the Nepali Congress holds a pivotal position in the Parliament. It should ideally lead the country, but the current leadership of the party appears to lack a clear direction. They have struggled to maintain the traditional essence and values of the party. Given the state of Nepali political parties, our parliamentary system is at the risk of faltering.

There is an urgent need for a strong leadership within the Nepali Congress. As the largest democratic party in Nepal, it’s vital for the party to function effectively and set a proper course. This would not only benefit the party but also contribute positively to the national political landscape.

What if political parties, especially the Congress, fail to deliver? Such failure could lead the country toward another wave of political change, something we have been witnessing over the decades. 

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Constitutional experts, legal professionals, and students of constitutional law have consistently emphasized that the Constitution of Nepal 2015 was rushed and lacked the necessary time, thorough deliberation, and extensive discussions during its drafting and promulgation. Consequently, it required subsequent amendments, with the first set of revisions made just four months after its promulgation.

Nevertheless, it’s essential to recognize that a constitution is a living document, subject to modifications as societal needs and circumstances evolve over time. In order to ensure its effective functioning and broader acceptance, amendments become a necessary step.

However, it is crucial to approach any constitutional amendments in a manner that aligns with the fundamental principles of the constitution itself. Deviating from these principles can disrupt the constitutional framework and put the entire system at risk.

It is imperative to understand that no one is exempt from the authority of the constitution, and this responsibility extends to every citizen of Nepal. Safeguarding the constitution is a collective duty that falls upon all shoulders, from laymen to politicians. 

The constitution stipulates that in order for it to operate effectively, existing laws and acts must be regularly reviewed, modified, and supplemented. However, necessary legal revisions have not been undertaken. Take, for example, Part 3 of the constitution, which outlines Fundamental Rights and Duties and comprises 33 articles. It expressly states that the Parliament is responsible for enacting legislation to enforce these fundamental rights, yet no such laws have been enacted. This issue is pervasive throughout various sections of the constitution. Despite the nation celebrating the ninth Constitution Day, it is evident that the constitution has not been adequately put into practice.

The ruling coalition appears to be asserting authority above and beyond the constitution itself. Their decisions during meetings are treated as the final word, regardless of legal stipulations. A clear example of this is when the Supreme Court opened a way for an investigation against former Prime Ministers Madhav Kumar Nepal and Baburam Bhattarai regarding their involvement in the Lalita Niwas land-grab. But the ruling coalition decided that such a probe was unnecessary, contending that the former PMs were not culpable. It is the responsibility of the Central Investigation Bureau (CIB) of Nepal Police to conduct the investigation and the court responsibility to determine guilt or innocence. As a result of the ruling coalition’s decision, despite the apex court’s ruling, no case was filed against them, and even the investigators involved were transferred, in accordance with the coalition’s directives. This demonstrates the governments and political parties’ apparent disregard for established legal procedures.

On Aug 22, President Ram Chandra Paudel called a meeting of representatives from all political parties to address the deadlock in the federal parliament. Has the constitution given the president the right to call an all-party meeting with specific agendas? No. President, being the protector of the constitution, didn’t follow it. Was there any national emergency that the president had to get mobilized for a national consensus? No. Or, the president should have justified his move.

According to Sub-article (2) of Article (1) in Part 1 of the constitution, it is the duty of every person to uphold the constitution. Additionally, Article 48 in Part 3 outlines the duties of citizens. The duties, according to our constitution, are: (a) To safeguard the nationality, sovereignty and integrity of Nepal, while being loyal to the nation; (b) To abide by the Constitution and law; (c) To render compulsory service as and when the state so requires; (d) To protect and preserve public property.

However, it raises concerns as to why the prominent leaders of the government and other political factions are not adhering to these constitutional duties and are seemingly disregarding the constitution. Is the constitution meant solely for citizens to adhere to?

Therefore, if the parliament had enacted laws clearly defining the rights and obligations of citizens, government officials, ministers and political leaders, it could have significantly reduced the issue of not adhering to the constitution.

Isn’t it pathetic that those political parties and leaders who drove the citizens for a new political system and new constitution, are not following it?

The prevailing competition among various parties and individuals in disregarding the constitution has led the public to question its durability. These actions are undermining the longevity of the constitution, prompting people to contemplate alternative options to this constitutional and political system, which definitely is not a good sign for anyone.

On the occasion of Constitution Day, I urge all individuals, organizations, political parties and the government to adhere to the constitution. It’s high time to grasp the significance of upholding the charter.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

As a member of the United Nations and the leader of the Non-Aligned Movement, Nepal continues to be a strong advocate for global peace and brotherhood among all nations. Nepal’s foreign policy is deeply rooted in fostering friendly relations, particularly with its neighboring countries, and the bond with India holds special significance.

The open border shared with India has been a vital aspect of the relationship between the two countries. This unique arrangement has facilitated cultural and religious connections, allowing people from both sides to traverse freely and strengthen the ties that bind them together. The harmonious coexistence of diverse cultures and traditions in the border regions has been a testament to the enduring friendship between Nepal and India.

In recent times, the speeches of Indian Prime Minister Narendra Modi during his visits to countries like the USA and France have garnered considerable attention. In the USA, Prime Minister Modi emphasized India’s status as the ‘mother of democracy’, recognizing the USA’s role as a champion of advanced democracy. Such acknowledgment of each other’s democratic values fosters a deeper understanding and mutual respect between the two nations.

The strengthening partnership between India and the USA has extended beyond just diplomatic ties to include economic and cultural cooperation. The return of over 100 stolen antiquities to India by the US government represents not only the commitment to curbing illicit trade in cultural artifacts but also symbolizes the deepening cultural and financial partnerships between the two countries.

During his visit to France, Prime Minister Modi praised the significant contributions of business leaders from both India and France, further bolstering the relations between the two nations. This collaboration has extended to critical areas such as defense and climate change, wherein India and France have cooperated to address global challenges collectively.

While India’s economic growth and progress have been remarkable, there have been calls for a stronger focus on justice and the justice system under Modi’s leadership. As a leader, Modi must strive to bring together different sections of society and make them feel equally included in India’s democratic fabric. It is crucial to listen to and address the concerns of all citizens to truly establish India as the ‘mother of democracy’.

For India to achieve its economic vision of becoming one of the world’s top five economies, it must prioritize crucial issues such as food security, agriculture, economy, and industries. Engaging with opposition parties and formulating common minimum programs to address their concerns will ensure inclusivity and a more balanced approach to governance.

Furthermore, when formulating foreign policies, it is essential for the Modi government to consider the perspectives of not only the opposition but also his colleagues in the Bharatiya Janata Party (BJP). In doing so, India can present a united front in its international engagements, projecting a more robust image on the global stage.

While pursuing its growth as a global leader, India should not overlook the situation of its neighboring countries. The Modi government should extend assistance and support to these nations, helping them strengthen their living standards and fostering genuine friendships with them. This approach will not only enhance regional cooperation but also contribute to India's standing as a responsible and caring global leader.

One significant step in enhancing regional cooperation would be to revitalize the South Asian Association for Regional Cooperation (SAARC). Modi can take the lead in encouraging all SAARC member-states to unite on various global issues, thereby presenting a cohesive and influential voice on the international stage.

Neglecting the development and prosperity of neighboring countries, including Sri Lanka, Pakistan, Bangladesh, Bhutan, and Nepal, will undermine India’s overall progress and prosperity. Therefore, India’s focus should encompass regional economic development, fostering peace, and promoting shared prosperity across the entire South Asian region.

In conclusion, Nepal remains committed to advocating for global peace and brotherhood, and India’s role as a neighboring friend is essential in achieving this vision. Prime Minister Modi’s leadership can be further strengthened by emphasizing justice, inclusivity, and cooperation with neighboring countries. By fostering regional cooperation and supporting the prosperity of neighboring nations, India can truly position itself as a global leader and a beacon of democracy in the world.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

On June 12, the United Nations Educational, Scientific and Cultural Organization (UNESCO) announced that the United States, one of the five permanent members of the United Nations, will rejoin the agency in July, four years after its exit from the agency.

There’s no dearth of news reports featuring the United States, the global economic powerhouse and the sole superpower, on any given day. From the Russia-Ukraine war to strained relations with China and increasing bonhomie with India, the United States seems to be present everywhere around the globe. This is because the present world order is primarily US-led.

While the US is not a member of regional blocs like the South Asian Association of Regional Cooperation (SAARC), Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), Association of Southeast Asian Nations (ASEAN), or the European Union (EU), it wields significant influence in these groupings. As one of the five permanent members of the UN, the US has a vital role in effective functioning of the world body. Its re-entry into UNESCO should be read in this context.

Despite the absence of direct physical connectivity, the US is like a neighbor for countries like Nepal. This feeling perhaps arises due to America’s contribution to Nepal’s development in areas such as education, healthcare and infrastructure. The influence of several powerful nations remains limited to their respective regions. They have yet to extend their reach globally. 

Such is not the case with the United States. 

The 2024 US presidential election has also captured the attention, particularly of the democratic world. While American citizens will be electing their president, their mandate will impact the whole world and Nepal will not remain immune from this. As the United States advocates for the law, democracy and human rights, many nations take it as an exemplary nation.

It is for this very reason that the United States draws global attention. With the presidential election not that far away, global attention toward America has only increased.  

Eyeing the most powerful position in the world, the Republican Party is already in the fray. Around a dozen politicians from the party have launched their campaigns seeking nomination. Among the candidates is the former President Donald Trump, who has faced multiple sexual abuse, fraud, and defamation cases.

The Democratic Party is not lagging behind, either. Currently, it has three leading contenders for the presidential nomination, including the incumbent Joe Biden. Speculation has also arisen regarding Biden’s age, health, and his effectiveness as President.

For a large number of people around the world, especially those concerned about democracy, human rights and the rule of law, the US presidential election is a kind of festival. As a practicing lawyer and a student of human rights and democracy, I will be watching the election with immense interest.

A member of the Supreme Court Bar, the author has been practicing corporate law for three decades

Recently, I got an opportunity to visit the US to participate in an international conference on franchise law. During the trip, an unexpected incident left a lasting impression on me. As I entered the seminar hall, a Pakistani lawyer attending the seminar rushed toward me, shouting “Aagaye Nepali” (the Nepali has come), recognizing my nationality through the traditional dhaka topi I was wearing. Soon after, an Indian lawyer approached us, informing me that the event manager was also a Nepali! This incident was an enlightening experience that made me contemplate the significance of regional cooperation. This encounter prompted me to reflect on the South Asian Association for Regional Cooperation (SAARC) and the possibility of its revival. Why did King Birendra initiate this forum along with fellow leaders from the region? What compelled leaders from Bangladesh, Pakistan and India to associate themselves with SAARC? It is time to start the debate surrounding SAARC anew, not only among the leaders of member countries but also among the people, as we share strong people-to-people relations. In recent years, SAARC's progress has suffered, primarily due to the India-Pakistan dispute. Nepal’s initiative to include China in SAARC has also led to reduced engagement from India. Despite these setbacks, the people of SAARC member-states continue to recognize the importance of the regional forum. SAARC holds immense potential for problem-sharing, meeting common needs, fostering brotherhood and ensuring peace and security. Moreover, it can drive economic and infrastructural development among member-states. Drawing inspiration from the European Union, India proposed a single currency for the SAARC region. Additionally, India envisioned a united force for regional security and defense, a common foreign policy, and passport facilities. However, smaller neighboring nations expressed doubts about the feasibility and long-term sustainability of such proposals. It is important to address these concerns and engage in meaningful discussions that consider the perspectives of all member-states. By doing so, SAARC can overcome the challenges that have hindered its progress. SAARC’s original objectives were to overcome pervasive poverty, under-development, and job scarcity.  These objectives must be the focal point of any revival effort. Member-states should come together with renewed dedication, ensuring that SAARC strictly adheres to its original purpose. As Prime Minister Pushpa Kamal Dahal starts his visit to India from Wednesday, I urge the Nepali delegation to prioritize the functionality of SAARC during the prime minister-level discussion. I wish the Nepali side can actively work toward resolving the current stalemate. The revival of SAARC holds tremendous potential for the prosperity of South Asia. SAARC was established with good intentions, and its member-states must continue to work together with the same spirit. By embracing collaboration and refocusing on its original objectives, SAARC can become an effective platform for regional cooperation, enhancing the lives of millions across South Asia. By rekindling the spirit of SAARC, we can foster unity, understanding and progress among member-states. Let us seize this opportunity to build a brighter future for South Asia. And my Pakistani and Indian friends also have similar thoughts. The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades