Sec 2.1 of Indo US 123 agreement says :
- Each Party shall implement this Agreement in accordance with its respective applicable treaties, national laws, regulations and licence requirements…
Sec 2.1 of Sino US 123 agreement (1985) says :
- a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty
It is in this context that the Hyde act passed by USof A should be read with utmost caution.
Hyde act details the circumstances under which USA decided to enter into a contract with India. It also details the circumstances under which USA can decide to terminate the contract.
As per the contract USA would supply ( for a hefty price) nuclear reactors to India. It would also facilitate through IAEA supply of fuel required for the reactors. Fuel shall be supplied by countries other than USA .
What would happen if USA decides to terminate the contract halfway?
US companies would have pocketed huge amounts of money for their supply of reactors to India. These reactors would starve to death due to non supply of fuel by other countries (as per the treaty).
Those in Government say that as per the agreement , India is free to take " unspecified soveriegn actions " as "corrective measures" if such a case arises.
It should be highlighted that USA on their part were smart and patriotic enough to enact the Hyde act to safeguard their interests detailing the corrective measures, India talks of corrective measures at appropriate point of time.
It would be prudent to recollect the corrective measures enforced by the mighty Government of India (under the leadership of several political parties ) against Union Carbide (now Dow Chemicals) . Union carbide (aka Dow) still REFUSES to even clear the premises of chemical waste, leave alone compensation for the affected native Indians!
We can't take corrective measures against a single US company , we are expected to take corrective measures (which aren't even thought of!) against the mighty USof A.
There is another serious breach of Sovereignty of our country that has been allowed to be incorporated in the 123 agreement.
Article 14 of 123 agreement says :
"Following the cessation of cooperation under this Agreement, either Party shall have the right to require the return by the other Party of any nuclear material, equipment, non-nuclear material or components transferred under this Agreement and any special fissionable material produced through their use..."
"If either Party seeks to exercise its right pursuant to paragraph 4 of this Article..."
In simple terms, in the same way as your motor cycle which you have bought through a loan can be taken away by the private money lender's goondas (in case you fail to pay your EMIs) the USA has the right to enter India and take away the nuclear material/ reactor away .
Clause quoted above is not even from the Hyde act, it is from the 123 agreement India is about to sign.
What is the EMI you have to pay?
Hyde act specifies that the President of USA shall submit to relevant congressional committees, periodically , among other things, "a description and assessment of the specific measures that India has taken to fully and actively participate in United States and international efforts to dissuade, isolate,and, if necessary, sanction and contain Iran "
The president of USA will monitor the foreign policy of India and report it to US congress which in turn will take "suitable actions " through its goonda force.
also read eminent nuclear scientist's opinion: http://www.hindu.com/2008/07/19/stories/2008071961631200.htm
alternate post http://babusyed.wordpress.com/2008/07/