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Justice and Global Theory: A Critical Analysis - 1945 to Present

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:
    1. Pandit Jawarhal Nehru from India
    2. President Sukarno of Indonesia
    3. Gamal Abdel Nasser of Egypt
    4. Kwame Nkrumah of Gold Coast
    5. 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:
  1. 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.
  2. 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.
  3. Under the Soviet Union, from 1918 to 1991 there was the one-party rule, and that was the communist party of the Soviet Union.
  4. Further, the state gave much emphasis to fundamental duties, rather than the concept of Fundamental Rights.
  5. The decisions within the Soviet Union were mostly taken by the Communist Politburo which was headquartered in a place called Kremlin in Moscow
  6. The Soviet Politburo was heavily influenced by the Soviet Secret Service, namely the KGB.
  7. And the Soviet military played a very key role in controlling almost all the aspects of the Soviet Union.
  8. The Soviet Government also introduced the concept of five-year plans, so that the Soviet establishment could control every aspect of Soviet governance.
  9. 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
  1. The foreign policy of the Soviet Union during the cold war was to spread the Soviet influence throughout the world.
  2. 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.
  3. 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.
  4. The Soviet leadership also intervened and installed a pro-communist government in Hungary, Czechoslovakia, Poland, Albania, and Lithuania.
  5. 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
  1. On 25th December 1991 the Soviet Union disintegrated and broke up into 15 independent republics.
  2. 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.
  3. 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.
  4. The Russian establishment also had to open up its economy and some degree of private entrepreneurship was allowed.
  5. However, Russia continued to be Anti-US and Anti-NATO.
  6. By 2000 the Russian economy started showing the science of revival and Vladimir Putin initially became the Prime Minister of Russia.
  7. Vladimir Putin sought closer relations with India and China and closer collaboration in Eastern Europe, Latin America, and Southeast Asia.
  8. Vladimir Putin in particular promoted closer friendship and a stronger relationship with India, especially in defense and foreign policy.

Russia, Islam, and Chechnya
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The Russian forces wanted control of the capital of Chechnya namely Grozny and wanted to disable Chechen forces.
  6. The Chechen and Dagestan rebels were sooner joined by armed Afghan Mujahideen.
  7. The Chechen rebels became very infamous for mass kidnapping and attacks on schools and colleges in Mosco.
  8. 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.
  9. However, by 2009 the Russian forces brutally suppressed the Chechen but not before Chechens had killed 1000 Russian forces.
  10. This war was also notorious because both sides had committed the worst of war atrocities including rape and sexual slavery.
  11. 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
  1. 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.
  2. 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

  1. Chinese model of communication developed in 1950 when the communist party of China came to power after a bitter struggle with pro-democracy forces.
  2. The leader of the communist party of China was MAO ZEDONG, while the leader of pro-democracy forces was Chaing Kai Shek.
  3. Pro-democracy forces were defeated and fled away to Taiwan.
  4. 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.
  5. 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.
  6. The Leadership in China was vested with the communist party of China, but all the important decisions were taken by the Mau Zidong.
  7. 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.

  1. In 19882 Chinese government decided to open up its economy, promote exports, and aggressively pursued a strong foreign policy
  2. The Chinese establishment started promoting the mass export of goods at competitive prices.
  3. 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.
  4. During this time the Chinese govt has always maintained south China in its property. Taiwan and Hongkong an integral parts of China.
  5. 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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