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[bg...@apache.org]

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+\ufeff The Universal Declaration of Human Rights On December 10 , 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages . Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and " to cause it to be disseminated , displayed , read and expounded principally in schools and other educational institutions , without distinction based on the political status of countries or territories . " PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom , justice and peace in the world , Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind , and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and wan
 t has been proclaimed as the highest aspiration of the common people , Whereas it is essential , if man is not to be compelled to have recourse , as a last resort , to rebellion against tyranny and oppression , that human rights should be protected by the rule of law , Whereas it is essential to promote the development of friendly relations between nations , Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights , in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom , Whereas Member States have pledged themselves to achieve , in co-operation with the United Nations , the promotion of universal respect for and observance of human rights and fundamental freedoms , Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge , Now , The
 refore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations , to the end that every individual and every organ of society , keeping this Declaration constantly in mind , shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures , national and international , to secure their universal and effective recognition and observance , both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction . Article 1. All human beings are born free and equal in dignity and rights . They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood . Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration , without distinction of any kind , such as race , colour , sex , language , religion , political or other opinion , national or s
 ocial origin , property , birth or other status . Furthermore , no distinction shall be made on the basis of the political , jurisdictional or international status of the country or territory to which a person belongs , whether it be independent , trust , non-self-governing or under any other limitation of sovereignty . Article 3. Everyone has the right to life , liberty and security of person . Article 4. No one shall be held in slavery or servitude ; slavery and the slave trade shall be prohibited in all their forms . Article 5. No one shall be subjected to torture or to cruel , inhuman or degrading treatment or punishment . Article 6. Everyone has the right to recognition everywhere as a person before the law . Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law . All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination . Article
  8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law . Article 9. No one shall be subjected to arbitrary arrest , detention or exile . Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal , in the determination of his rights and obligations and of any criminal charge against him . Article 11. ( 1 ) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence . ( 2 ) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence , under national or international law , at the time when it was committed . Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was com
 mitted . Article 12. No one shall be subjected to arbitrary interference with his privacy , family , home or correspondence , nor to attacks upon his honour and reputation . Everyone has the right to the protection of the law against such interference or attacks . Article 13. ( 1 ) Everyone has the right to freedom of movement and residence within the borders of each state . ( 2 ) Everyone has the right to leave any country , including his own , and to return to his country . Article 14. ( 1 ) Everyone has the right to seek and to enjoy in other countries asylum from persecution . ( 2 ) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations . Article 15. ( 1 ) Everyone has the right to a nationality . ( 2 ) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality . Article 16. ( 1 ) Men and women of full age , without
  any limitation due to race , nationality or religion , have the right to marry and to found a family . They are entitled to equal rights as to marriage , during marriage and at its dissolution . ( 2 ) Marriage shall be entered into only with the free and full consent of the intending spouses . ( 3 ) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State . Article 17. ( 1 ) Everyone has the right to own property alone as well as in association with others . ( 2 ) No one shall be arbitrarily deprived of his property . Article 18. Everyone has the right to freedom of thought , conscience and religion ; this right includes freedom to change his religion or belief , and freedom , either alone or in community with others and in public or private , to manifest his religion or belief in teaching , practice , worship and observance . Article 19. Everyone has the right to freedom of opinion and expression ; this right includes f
 reedom to hold opinions without interference and to seek , receive and impart information and ideas through any media and regardless of frontiers . Article 20. ( 1 ) Everyone has the right to freedom of peaceful assembly and association . ( 2 ) No one may be compelled to belong to an association . Article 21. ( 1 ) Everyone has the right to take part in the government of his country , directly or through freely chosen representatives . ( 2 ) Everyone has the right of equal access to public service in his country . ( 3 ) The will of the people shall be the basis of the authority of government ; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures . Article 22. Everyone , as a member of society , has the right to social security and is entitled to realization , through national effort and international co-operation and in accordance with the organization an
 d resources of each State , of the economic , social and cultural rights indispensable for his dignity and the free development of his personality . Article 23. ( 1 ) Everyone has the right to work , to free choice of employment , to just and favourable conditions of work and to protection against unemployment . ( 2 ) Everyone , without any discrimination , has the right to equal pay for equal work . ( 3 ) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity , and supplemented , if necessary , by other means of social protection . ( 4 ) Everyone has the right to form and to join trade unions for the protection of his interests . Article 24. Everyone has the right to rest and leisure , including reasonable limitation of working hours and periodic holidays with pay . Article 25. ( 1 ) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family
  , including food , clothing , housing and medical care and necessary social services , and the right to security in the event of unemployment , sickness , disability , widowhood , old age or other lack of livelihood in circumstances beyond his control . ( 2 ) Motherhood and childhood are entitled to special care and assistance . All children , whether born in or out of wedlock , shall enjoy the same social protection . Article 26. ( 1 ) Everyone has the right to education . Education shall be free , at least in the elementary and fundamental stages . Elementary education shall be compulsory . Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit . ( 2 ) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms . It shall promote understanding , tolerance and friendship among all nations , raci
 al or religious groups , and shall further the activities of the United Nations for the maintenance of peace . ( 3 ) Parents have a prior right to choose the kind of education that shall be given to their children . Article 27. ( 1 ) Everyone has the right freely to participate in the cultural life of the community , to enjoy the arts and to share in scientific advancement and its benefits . ( 2 ) Everyone has the right to the protection of the moral and material interests resulting from any scientific , literary or artistic production of which he is the author . Article 28. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized . Article 29. ( 1 ) Everyone has duties to the community in which alone the free and full development of his personality is possible . ( 2 ) In the exercise of his rights and freedoms , everyone shall be subject only to such limitations as are determined by law solely for 
 the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality , public order and the general welfare in a democratic society . ( 3 ) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations . Article 30. Nothing in this Declaration may be interpreted as implying for any State , group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein . 
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+\ufeff STATUTE OF THE INTERNATIONAL COURT OF JUSTICE -------------------------------------------------------------------------------- TABLE OF CONTENTS : Chapter I : Organization of the Court ( Articles 2 - 33 ) Chapter II : Competence of the Court ( Articles 34 - 38 ) Chapter III : Procedure ( Articles 39 - 64 ) Chapter IV : Advisory Opinions ( Articles 65 - 68 ) Chapter V : Amendment ( Articles 69 & 70 ) Article 1 -------------------------------------------------------------------------------- The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute . -------------------------------------------------------------------------------- CHAPTER I - ORGANIZATION OF THE COURT -------------------------------------------------------------------------------- Article 2 The Court shall be composed of a body of independent
  judges , elected regardless of their nationality from among persons of high moral character , who possess the qualifications required in their respective countries for appointment to the highest judicial offices , or are jurisconsults of recognized competence in international law . Article 3 1. The Court shall consist of fifteen members , no two of whom may be nationals of the same state . 2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights . Article 4 1. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration , in accordance with the following provisions . 2. In the case of Members of the United Nations not represented in the Permanent Court of Arbitration , candidates shall be nominated
  by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes . 3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall , in the absence of a special agreement , be laid down by the General Assembly upon recommendation of the Security Council . Article 5 1. At least three months before the date of the election , the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute , and to the members of the national groups appointed under Article 4 , paragraph 2 , inviting them to undertake , within a given time , by national groups , 
 the nomination of persons in a position to accept the duties of a member of the Court . 2. No group may nominate more than four persons , not more than two of whom shall be of their own nationality . In no case may the number of candidates nominated by a group be more than double the number of seats to be filled . Article 6 Before making these nominations , each national group is recommended to consult its highest court of justice , its legal faculties and schools of law , and its national academies and national sections of international academies devoted to the study of law . Article 7 1. The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated . Save as provided in Article 12 , paragraph 2 , these shall be the only persons eligible . 2. The Secretary-General shall submit this list to the General Assembly and to the Security Council . Article 8 The General Assembly and the Security Council shall proceed independently of one another to elect
  the members of the Court . Article 9 At every election , the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required , but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured . Article 10 1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected . 2. Any vote of the Security Council , whether for the election of judges or for the appointment of members of the conference envisaged in Article 12 , shall be taken without any distinction between permanent and non-permanent members of the Security Council . 3. In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council , the eldest of these only shall be considered as elected . Article 11 If
  , after the first meeting held for the purpose of the election , one or more seats remain to be filled , a second and , if necessary , a third meeting shall take place . Article 12 1. If , after the third meeting , one or more seats still remain unfilled , a joint conference consisting of six members , three appointed by the General Assembly and three by the Security Council , may be formed at any time at the request of either the General Assembly or the Security Council , for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant , to submit to the General Assembly and the Security Council for their respective acceptance . 2. If the joint conference is unanimously agreed upon any person who fulfills the required conditions , he may be included in its list , even though he was not included in the list of nominations referred to in Article 7. 3. If the joint conference is satisfied that it will not be successful in procuring an election , tho
 se members of the Court who have already been elected shall , within a period to be fixed by the Security Council , proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council . 4. In the event of an equality of votes among the judges , the eldest judge shall have a casting vote . Article 13 1. The members of the Court shall be elected for nine years and may be re-elected ; provided , however , that of the judges elected at the first election , the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years . 2. The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed . 3. The members of the Court shall continue to discharge their duties until their pla
 ces have been filled . Though replaced , they shall finish any cases which they may have begun . 4. In the case of the resignation of a member of the Court , the resignation shall be addressed to the President of the Court for transmission to the Secretary-General . This last notification makes the place vacant . Article 14 Vacancies shall be filled by the same method as that laid down for the first election , subject to the following provision : the Secretary-General shall , within one month of the occurrence of the vacancy , proceed to issue the invitations provided for in Article 5 , and the date of the election shall be fixed by the Security Council . Article 15 A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor 's term . Article 16 1. No member of the Court may exercise any political or administrative function , or engage in any other occupation of a professional nature . 2. Any doubt on 
 this point shall be settled by the decision of the Court . Article 17 1. No member of the Court may act as agent , counsel , or advocate in any case . 2. No member may participate in the decision of any case in which he has previously taken part as agent , counsel , or advocate for one of the parties , or as a member of a national or international court , or of a commission of enquiry , or in any other capacity . 3. Any doubt on this point shall be settled by the decision of the Court . Article 18 1. No member of the Court can be dismissed unless , in the unanimous opinion of the other members , he has ceased to fulfill the required conditions . 2. Formal notification thereof shall be made to the Secretary-General by the Registrar . 3. This notification makes the place vacant . Article 19 The members of the Court , when engaged on the business of the Court , shall enjoy diplomatic privileges and immunities . Article 20 Every member of the Court shall , before taking up his duties , 
 make a solemn declaration in open court that he will exercise his powers impartially and conscientiously . Article 21 1. The Court shall elect its President and Vice-President for three years ; they may be re-elected . 2. The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary . Article 22 1. The seat of the Court shall be established at The Hague . This , however , shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable . 2. The President and the Registrar shall reside at the seat of the Court . Article 23 1. The Court shall remain permanently in session , except during the judicial vacations , the dates and duration of which shall be fixed by the Court . 2. Members of the Court are entitled to periodic leave , the dates and duration of which shall be fixed by the Court , having in mind the distance between The Hague and the home of each judge . 3. Members 
 of the Court shall be bound , unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the President , to hold themselves permanently at the disposal of the Court . Article 24 1. If , for some special reason , a member of the Court considers that he should not take part in the decision of a particular case , he shall so inform the President . 2. If the President considers that for some special reason one of the members of the Court should not sit in a particular case , he shall give him notice accordingly . 3. If in any such case the member Court and the President disagree , the matter shall be settled by the decision of the Court . Article 25 1. The full Court shall sit except when it is expressly provided otherwise in the present Statute . 2. Subject to the condition that the number of judges available to constitute the Court is not thereby reduced below eleven , the Rules of the Court may provide for allowing one or more judges , 
 according to circumstances and in rotation , to be dispensed from sitting . 3. A quorum of nine judges shall suffice to constitute the Court . Article 26 1. The Court may from time to time form one or more chambers , composed of three or more judges as the Court may determine , for dealing with particular categories of cases ; for example , labour cases and cases relating to transit and communications . 2. The Court may at any time form a chamber for dealing with a particular case . The number of judges to constitute such a chamber shall be determined by the Court with the approval of the parties . 3. Cases shall be heard and determined by the chambers provided for in this article if the parties so request . Article 27 A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court . Article 28 The chambers provided for in Articles 26 and 29 may , with the consent of the parties , sit and exercise their functions elsewhere than
  at The Hague . Article 29 With a view to the speedy dispatch of business , the Court shall form annually a chamber composed of five judges which , at the request of the parties , may hear and determine cases by summary procedure . In addition , two judges shall be selected for the purpose of replacing judges who find it impossible to sit . Article 30 1. The Court shall frame rules for carrying out its functions . In particular , it shall lay down rules of procedure . 2. The Rules of the Court may provide for assessors to sit with the Court or with any of its chambers , without the right to vote . Article 31 1. Judges of the nationality of each of the parties shall retain their right to sit in the case before the Court . 2. If the Court includes upon the Bench a judge of the nationality of one of the parties , any other party may choose a person to sit as judge . Such person shall be chosen preferably from among those persons who have been nominated as candidates as provided in Arti
 cles 4 and 5. 3. If the Court includes upon the Bench no judge of the nationality of the parties , each of these parties may proceed to choose a judge as provided in paragraph 2 of this Article . 4. The provisions of this Article shall apply to the case of Articles 26 and 29. In such cases , the President shall request one or , if necessary , two of the members of the Court forming the chamber to give place to the members of the Court of the nationality of the parties concerned , and , failing such , or if they are unable to be present , to the judges specially chosen by the parties . 5. Should there be several parties in the same interest , they shall , for the purpose of the preceding provisions , be reckoned as one party only . Any doubt upon this point shall be settled by the decision of the Court . 6. Judges chosen as laid down in paragraphs 2 , 3 , and 4 of this Article shall fulfill the conditions required by Articles 2 , 17 ( paragraph 2 ) , 20 , and 24 of the present Statut
 e . They shall take part in the decision on terms of complete equality with their colleagues . Article 32 1. Each member of the Court shall receive an annual salary . 2. The President shall receive a special annual allowance . 3. The Vice-President shall receive a special allowance for every day on which he acts as President . 4. The judges chosen under Article 31 , other than members of the Court , shall receive compensation for each day on which they exercise their functions . 5. These salaries , allowances , and compensation shall be fixed by the General Assembly . They may not be decreased during the term of office . 6. The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court . 7. Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar , and the conditions under which members of the Court and the Registrar shall have their travelling expenses
  refunded . 8. The above salaries , allowances , and compensation shall be free of all taxation . Article 33 The expenses of the Court shall be borne by the United Nations in such a manner as shall be decided by the General Assembly . -------------------------------------------------------------------------------- CHAPTER II - COMPETENCE OF THE COURT -------------------------------------------------------------------------------- Article 34 1. Only states may be parties in cases before the Court . 2. The Court , subject to and in conformity with its Rules , may request of public international organizations information relevant to cases before it , and shall receive such information presented by such organizations on their own initiative . 3. Whenever the construction of the constituent instrument of a public international organization or of an international convention adopted thereunder is in question in a case before the Court , the Registrar shall so notify the public internationa
 l organization concerned and shall communicate to it copies of all the written proceedings . Article 35 1. The Court shall be open to the states parties to the present Statute . 2. The conditions under which the Court shall be open to other states shall , subject to the special provisions contained in treaties in force , be laid down by the Security Council , but in no case shall such conditions place the parties in a position of inequality before the Court . 3. When a state which is not a Member of the United Nations is a party to a case , the Court shall fix the amount which that party is to contribute towards the expenses of the Court . This provision shall not apply if such state is bearing a share of the expenses of the Court Article 36 1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force . 2. The states parties to the present Statute
  may at any time declare that they recognize as compulsory ipso facto and without special agreement , in relation to any other state accepting the same obligation , the jurisdiction of the Court in all legal disputes concerning : a. the interpretation of a treaty ; b. any question of international law ; c. the existence of any fact which , if established , would constitute a breach of an international obligation ; d. the nature or extent of the reparation to be made for the breach of an international obligation . 3. The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain states , or for a certain time . 4. Such declarations shall be deposited with the Secretary-General of the United Nations , who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court . 5. Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in
  force shall be deemed , as between the parties to the present Statute , to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms . 6. In the event of a dispute as to whether the Court has jurisdiction , the matter shall be settled by the decision of the Court . Article 37 Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the League of Nations , or to the Permanent Court of International Justice , the matter shall , as between the parties to the present Statute , be referred to the International Court of Justice . Article 38 1. The Court , whose function is to decide in accordance with international law such disputes as are submitted to it , shall apply : a. international conventions , whether general or particular , establishing rules expressly recognized by the contesting states ; b. international custom , a
 s evidence of a general practice accepted as law ; c. the general principles of law recognized by civilized nations ; d. subject to the provisions of Article 59 , judicial decisions and the teachings of the most highly qualified publicists of the various nations , as subsidiary means for the determination of rules of law . 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono , if the parties agree thereto . -------------------------------------------------------------------------------- CHAPTER III - PROCEDURE -------------------------------------------------------------------------------- Article 39 1. The official languages of the Court shall be French and English . If the parties agree that the case shall be conducted in French , the judgment shall be delivered in French . If the parties agree that the case shall be conducted in English , the judgment shall be delivered in English . 2. In the absence of an agreement as to which language s
 hall be employed , each party may , in the pleadings , use the language which it prefers ; the decision of the Court shall be given in French and English . In this case the Court shall at the same time determine which of the two texts shall be considered as authoritative . 3. The Court shall , at the request of any party , authorize a language other than French or English to be used by that party . Article 40 1. Cases are brought before the Court , as the case may be , either by the notification of the special agreement or by a written application addressed to the Registrar . In either case the subject of the dispute and the parties shall be indicated . 2. The Registrar shall forthwith communicate the application to all concerned . 3. He shall also notify the Members of the United Nations through the Secretary-General , and also any other states entitled to appear before the Court . Article 41 1. The Court shall have the power to indicate , if it considers that circumstances so requ
 ire , any provisional measures which ought to be taken to preserve the respective rights of either party . 2. Pending the final decision , notice of the measures suggested shall forthwith be given to the parties and to the Security Council . Article 42 1. The parties shall be represented by agents . 2. They may have the assistance of counsel or advocates before the Court . 3. The agents , counsel , and advocates of parties before the Court shall enjoy the privileges and immunities necessary to the independent exercise of their duties . Article 43 1. The procedure shall consist of two parts : written and oral . 2. The written proceedings shall consist of the communication to the Court and to the parties of memorials , counter-memorials and , if necessary , replies ; also all papers and documents in support . 3. These communications shall be made through the Registrar , in the order and within the time fixed by the Court . 4. A certified copy of every document produced by one party sh
 all be communicated to the other party . 5. The oral proceedings shall consist of the hearing by the Court of witnesses , experts , agents , counsel , and advocates . Article 44 1. For the service of all notices upon persons other than the agents , counsel , and advocates , the Court shall apply direct to the government of the state upon whose territory the notice has to be served . 2. The same provision shall apply whenever steps are to be taken to procure evidence on the spot . Article 45 The hearing shall be under the control of the President or , if he is unable to preside , of the Vice-President ; if neither is able to preside , the senior judge present shall preside . Article 46 The hearing in Court shall be public , unless the Court shall decide otherwise , or unless the parties demand that the public be not admitted . Article 47 1. Minutes shall be made at each hearing and signed by the Registrar and the President . 2. These minutes alone shall be authentic . Article 48 The 
 Court shall make orders for the conduct of the case , shall decide the form and time in which each party must conclude its arguments , and make all arrangements connected with the taking of evidence . Article 49 The Court may , even before the hearing begins , call upon the agents to produce any document or to supply any explanations . Formal note shall be taken of any refusal . Article 50 The Court may , at any time , entrust any individual , body , bureau , commission , or other organization that it may select , with the task of carrying out an enquiry or giving an expert opinion . Article 51 During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30. Article 52 After the Court has received the proofs and evidence within the time specified for the purpose , it may refuse to accept any further oral or written evidence that one party may desire to present unless 
 the other side consents . Article 53 1. Whenever one of the parties does not appear before the Court , or fails to defend its case , the other party may call upon the Court to decide in favour of its claim . 2. The Court must , before doing so , satisfy itself , not only that it has jurisdiction in accordance with Articles 36 and 37 , but also that the claim is well founded in fact and law . Article 54 1. When , subject to the control of the Court , the agents , counsel , and advocates have completed their presentation of the case , the President shall declare the hearing closed . 2. The Court shall withdraw to consider the judgment . 3. The deliberations of the Court shall take place in private and remain secret . Article 55 1. All questions shall be decided by a majority of the judges present . 2. In the event of an equality of votes , the President or the judge who acts in his place shall have a casting vote . Article 56 1. The judgment shall state the reasons on which it is base
 d . 2. It shall contain the names of the judges who have taken part in the decision . Article 57 If the judgment does not represent in whole or in part the unanimous opinion of the judges , any judge shall be entitled to deliver a separate opinion . Article 58 The judgment shall be signed by the President and by the Registrar . It shall be read in open court , due notice having been given to the agents . Article 59 The decision of the Court has no binding force except between the parties and in respect of that particular case . Article 60 The judgment is final and without appeal . In the event of dispute as to the meaning or scope of the judgment , the Court shall construe it upon the request of any party . Article 61 1. An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor , which fact was , when the judgment was given , unknown to the Court and also to the party claiming revision , al
 ways provided that such ignorance was not due to negligence . 2. The proceedings for revision shall be opened by a judgment of the Court expressly recording the existence of the new fact , recognizing that it has such a character as to lay the case open to revision , and declaring the application admissible on this ground . 3. The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision . 4. The application for revision must be made at latest within six months of the discovery of the new fact . 5. No application for revision may be made after the lapse of ten years from the date of the judgment . Article 62 l. Should a state consider that it has an interest of a legal nature which may be affected by the decision in the case , it may submit a request to the Court to be permitted to intervene . 2 It shall be for the Court to decide upon this request . Article 63 1. Whenever the construction of a convention to which states other than
  those concerned in the case are parties is in question , the Registrar shall notify all such states forthwith . 2. Every state so notified has the right to intervene in the proceedings ; but if it uses this right , the construction given by the judgment will be equally binding upon it . Article 64 Unless otherwise decided by the Court , each party shall bear its own costs . -------------------------------------------------------------------------------- CHAPTER IV - ADVISORY OPINIONS -------------------------------------------------------------------------------- Article 65 1. The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request . 2. Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a written request containing an exact statement of the question upon which an opinion is required , and acc
 ompanied by all documents likely to throw light upon the question . Article 66 1. The Registrar shall forthwith give notice of the request for an advisory opinion to all states entitled to appear before the Court . 2. The Registrar shall also , by means of a special and direct communication , notify any state entitled to appear before the Court or international organization considered by the Court , or , should it not be sitting , by the President , as likely to be able to furnish information on the question , that the Court will be prepared to receive , within a time-limit to be fixed by the President , written statements , or to hear , at a public sitting to be held for the purpose , oral statements relating to the question . 3. Should any such state entitled to appear before the Court have failed to receive the special communication referred to in paragraph 2 of this Article , such state may express a desire to submit a written statement or to be heard ; and the Court will decide
  . 4. States and organizations having presented written or oral statements or both shall be permitted to comment on the statements made by other states or organizations in the form , to the extent , and within the time-limits which the Court , or , should it not be sitting , the President , shall decide in each particular case . Accordingly , the Registrar shall in due time communicate any such written statements to states and organizations having submitted similar statements . Article 67 The Court shall deliver its advisory opinions in open court , notice having been given to the Secretary-General and to the representatives of Members of the United Nations , of other states and of international organizations immediately concerned . Article 68 In the exercise of its advisory functions the Court shall further be guided by the provisions of the present Statute which apply in contentious cases to the extent to which it recognizes them to be applicable . --------------------------------
 ------------------------------------------------ CHAPTER V - AMENDMENT -------------------------------------------------------------------------------- Article 69 Amendments to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter , subject however to any provisions which the General Assembly upon recommendation of the Security Council may adopt concerning the participation of states which are parties to the present Statute but are not Members of the United Nations . Article 70 The Court shall have power to propose such amendments to the present Statute as it may deem necessary , through written communications to the Secretary-General , for consideration in conformity with the provisions of Article 69. -------------------------------------------------------------------------------- 
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+\ufeff H-Darrieus Wind Turbine with Blade Pitch Control Abstract A procedure for computing the optimal variation of the blades ' pitch angle of an H-Darrieus wind turbine that maximizes its torque at given operational conditions is proposed and presented along with the results obtained on a 7 kW prototype . The CARDAAV code , based on the \u201c Double-Multiple Streamtube \u201d model developed by the first author , is used to determine the performances of the straight-bladed vertical axis wind turbine . This was coupled with a genetic algorithm optimizer . The azimuthal variation of the blades ' pitch angle is modeled with an analytical function whose coefficients are used as variables in the optimization process . Two types of variations were considered for the pitch angle : a simple sinusoidal one and one which is more general , relating closely the blades ' pitch to the local flow conditions along their circular path . A gain of almost 30 % in the annual energy production was obtained wi
 th the polynomial optimal pitch control . 1. Introduction Following the 1973 energy crisis , large-scale research and development programs were initiated , directed toward finding replacement solutions to the limited fossil fuel reserves . Wind energy was given , along with photovoltaic , solar , hydroelectric , biomass , and other resources , particular attention as a renewable and environmentally friendly energy alternative . Its technological progress has been spectacular , especially in the last ten years and , due to its steady growth in competitiveness , wind power developed into a mainstream energy source in many countries worldwide . At the global scale , over 74000 MW of wind power are already installed , and current estimates indicate that by 2030 wind energy could cover as much as 29 % of world\u2019s electricity needs . In the wind power domain two main technologies were considered as having the necessary potential for a viable development : the Horizontal Axis Wind Turbine
  ( HAWT ) and the Darrieus-type ( lift-based ) Vertical Axis Wind Turbine ( VAWT ) . A number of features have made HAWT to be preferred and become the dominant design type , especially in the utility-scale ( large and very large turbines ) segment . But , in certain conditions ( sites with highly turbulent wind like in the mountains or in urban environment ) , VAWTs seem to offer a better solution for the wind energy harnessing . If , through further and well-targeted research , increased attention is paid to the known VAWT drawbacks ( a somewhat less overall efficiency than the one of an HAWT , difficult/impossible self-starting , lower output due to operation closer to the ground , higher level of vibration caused by the inherent torque ripple and dynamic stall of the blades ) , at least in the \u201c small wind \u201d domain the VAWT design might become a major player . Among the most important problems that are now under study in the VAWT technology , the \u201c variable pitch \u201d for t
 he H-Darrieus turbines is regarded as a promising solution for the alleviation of the negative effects of the blades dynamic stall ( efficiency loss , vibration ) , improvement of the rotor\u2019s self starting qualities , and torque ripple smoothing [ 1\u20133 ] . At �cole Polytechnique de Montreal , Canada , in the wind energy research the major effort is devoted toward the development and improvement of the performance prediction of VAWTs [ 4 ] . The variable pitch is also included in the current research subjects in this domain , and results were already published [ 8 ] , obtained from the analysis that was carried out to determine if the performance of a VAWT , in terms of the power output , could be improved by simulating the operation of the blade just below stall . The present study aimed at determining if a more general cyclical pitch variation can be determined , so as to maximize the performance of an H-Darrieus ( straight bladed ) vertical axis wind turbine at given operation
  conditions . In order to perform this investigation , an optimization package was set up to serve in the determination of the optimal variation of the blade\u2019s pitch angle for a small two-bladed VAWT . The paper presents first the main components of the numerical tool that was developed . Then , the results of an optimization case are discussed . Finally , several conclusions are formulated at the end of the paper . 2. The Optmization Tool Since the local flow parameters on the blades vary along their circular path and differ quite significantly between the upwind and the downwind parts of the rotor , an optimization procedure had to be employed to determine the best law of variation of the blades \u2019 pitch angle . In the present study a tool for numerical optimization was set up by coupling the code CARDAAV , which computes the flow through and the performances of a VAWT , to an optimizer based on the genetic algorithm method . These ( main ) components of the optimization packag
 e are briefly presented in the following sections , along with the objective function , its variables , and the constraints that were imposed on their value during the optimization process . 2.1 . The CARDAAV Code CARDAAV , the numerical tool used in this analysis , is based on an improved version of the \u201c double-multiple streamtube \u201d ( DMS ) model [ 4 ] . This model considers a partition of the rotor in streamtubes and treats each of the two blade elements defined by a given streamtube as an actuator disk . Figure 1 illustrates such a streamtube and shows the values of the velocity of the flow at a number of key stations along it . Disk 1 represents the upwind blade element while disk 2 represents the downwind blade element . The actuator disk theory is based on the momentum conservation ; therefore , the velocities of the wind must be known in order to compute the force acting on the disks . The different values of the velocity ( see notations in Figure 1 and relations ( 1 ) d
 epend on the incoming ( \u201c undisturbed \u201d ) wind velocity and on the interference factors \U0001d42e and \U0001d42e ( 1 ) To determine the interference factors , a second set of equations is used . Those equations are derived from the blade element theory [ 4 ] , which equates , in each streamtube , the normal forces acting on the upwind and downwind blade elements to the forces acting upon the actuator disks . To compute the normal and tangential forces , the blade element theory is applied , and the lift ( \U0001d436 \U0001d459 ) and drag ( \U0001d436 \U0001d451 ) coefficients , obtained from the airfoil data , are used . For the upwind interference factor \U0001d462 , the following expression , relating it to the azimuthal angle \U0001d703 , is obtained : \U0001d462 ( \U0001d703 ) = \U0001d43e \U0001d43e( 2 ) with \U0001d43e = 8 \U0001d70b \U0001d45f ( 3 ) A similar set of equations is derived for the downwind interference factor \U0001d462 \u2032 . An interference factor equal to 1 is assumed at the beginning of the iterative process . Once the force given by the blade elem
 ent theory equates the one given by the actuator disk theory , the convergence is achieved and the upwind and downwind velocities are obtained . Then the torque and the mechanical power are computed . CARDAAV has the capability to analyze several predefined or user-defined rotor shapes with straight or curved blades ( parabola , catenary , ideal and modified troposkien , and Sandia shape ) . The code requires three main sets of input data , giving the geometry definition of the wind turbine ( diameter , height , blade section airfoil , blade shape , etc. ) , the operational conditions ( wind velocity , rotational speed , atmospheric conditions ) and the main control parameters ( convergence criterion , computation of the secondary effects , and the effect of dynamic stall ) . The software includes several dynamic stall semiempirical models : Gormont [ 5 ] and its variations ( Strickland , Paraschivoiu , and Berg ) and the one based on the indicial method [ 4 ] . Dynamic stall result
 s in increased peak aerodynamic torque and affects the structural fatigue of the Darrieus turbine . This effect significantly impacts the drive-train generator sizing and system reliability . The dynamic stall used in this study was the Berg version of the Gormont model , because it was found out to be the best correlated with the experimental studies carried out on similar rotor configurations as those used in the present investigation . CARDAAV is also able to account for the so-called \u201c secondary effects , \u201d such as those due to the rotating central tower , struts , and spoilers . CARDAAV has made it possible to design , analyze , and build more efficiently and at lower costs wind energy systems such as the Darrieus-type VAWT . The code is used to determine , at specified operational conditions , aero-dynamic forces and power output of VAWTs of any blade geometry . Wind speed can vary with height above ground according to a power law . The program output consists of the local
 -induced velocities , the local Reynolds numbers and angle of attack , the blade loads , and the azimuthal torque and power coefficient data . Each of these is calculated separately for the upwind and downwind halves of the rotor . The numerical models used by the program have been validated for different Darrieus-type VAWTs , through comparison with experimental data obtained from laboratory tests ( wind or water tunnels ) or from field tests , thus making CARDAAV a very attractive and efficient design and analysis tool . In Figure 2 the power output of the SANDIA 17 m wind turbine computed with CARDAAV is compared with experiments and results provided by other numerical codes . \U0001d434 \U0001d440 is an empirical constant used to correct \U0001d436 \U0001d459 and \U0001d436 \U0001d451 for dynamic stall effects [ 6 ] . 2.2 . The Optimizer To search for the best pitch variation law , an optimization strategy was adopted , namely , one that uses a genetic algorithm ( GA ) method . At the beginning of the optimization
  process , a genetic algorithm randomly selects an initial \u201c population \u201d composed of \u201c individuals \u201d , which are solutions of the analyzed problem computed for particular , randomly selected , values of the optimization variables . Three operations are typically performed by the genetic algorithms on the analyzed \u201c population \u201d : \u201c selection \u201d ( choice of the \u201c individuals \u201d for the next generation , according to a \u201c survival of the fittest \u201d criterion ) , \u201c crossover \u201d ( operation which allows information exchange between the \u201c individuals \u201d by swapping parts of the parameter vector in an attempt to get better \u201c individuals \u201d ) and \u201c mutation \u201d ( operation which introduces new or prematurely lost information in the form of random changes applied to randomly chosen vector components ) . Like in any optimization study , an \u201c objective function \u201d had to be defined . In this case the inverse of the rotor power , for given conditions of opera
 tion ( wind speed , rotational speed ) 1 \U0001d439 = \U0001d443 ( 4 ) was used as optimization function \U0001d439 . On the other hand , for the pitch angle the following analytical expression was considered : \U0001d70f = \U0001d465 ( 5 ) For different values given to the optimization variables \U0001d465 , the variation of the blade pitch angle \U0001d70f with the angle of azimuth \U0001d703 will be different . Since the local angle of attack \u03b1 of a blade element \U0001d6fc = s i n ( 6 ) contains the pitch angle , the later influences the aerodynamic characteristics , the torque , and ultimately the power output of the rotor . Hence , through relations ( 5 ) and ( 6 ) an indirect link is established between the objective function ( 4 ) and the optimization variables \U0001d465 , which control the variation of \U0001d70f . The genetic algorithm evolution strategy optimization package , GENIAL v1.1 [ 7 ] , was employed to minimize the objective function . This code includes three main modules , which perform the above mentioned operations . A nu
 mber of parameters are available in each module to control its functioning during the optimum search process . As mentioned above , the coefficients \U0001d465 of the pitch variation function ( 5 ) were used as optimization variables . Their values were subjected to certain constraints , to avoid any possible mathematical invalidity and to keep the pitch angle within reasonable or practical ( technically feasible ) limits . 2.3 . The Optimization Package To set up the optimization package , including GENIAL and CARDAAV as principal components , a main program ( MAIN ) and a new subroutine ( PITCH ) had to be coded . When the program is launched , MAIN reads some of the parameters that control the optimization process , namely , those that are frequently changed ( size of the \u201c population\u201d\u2014number of \u201c individuals \u201d , number of evaluations , constraints to be set on the optimization variables ) . These parameters have to be provided through the keyboard when a new optimization is 
 initiated . Then , MAIN calls the optimizer ( GENIAL ) , which takes control and carries through the optimization process . For each combination of the optimization variables , defining a distinct \u2018 individual \u201d , GENIAL calls ( using a \u201c system function \u201d ) PITCH then CARDAAV , which performs the analysis of the VAWT for that specific variation of the blades \u2019 pitch angle . With the turbine power , calculated by CARDAAV , the objective function ( 4 ) is determined and , based on it , the \u201c fitness function \u201d which characterizes that \u201c individual \u201d is obtained . Depending on its \u201c fitness \u201d , an \u201c individual \u201d can be maintained or eliminated from the \u201c population \u201d during the optimization process . Selection , crossover , and mutation are used to advance the \u201c population \u201d from one optimization cycle to the next until the optimum or the predefined limit of evolutions is reached . At the end of the optimization , MAIN outputs the optimal values of th
 e \U0001d465 variables ( as found through optimization ) , which define the best variation law for the pitch angle . Corresponding to this , the performance characteristics of the turbine are computed and stored in a file for postprocessing purposes . As the name indicates , the subroutine PITCH uses relation ( 5 ) to calculate the pitch angle over the entire circular trajectory of the blades , based on the values of \U0001d465 received from GENIAL . It stores the azimuthal and the pitch angles in a file where CARDAAV seeks this information before performing each new analysis . 3. Results This study was carried out on an H-Darrieus VAWT , having two constant-chord blades with an NACA 0015 airfoil cross section . It is a small , 7 kW rated power prototype , its rotor having the ( main ) geometrical characteristics given in Table 1. The performance ( power , power coefficient , Figures 3 and 4 ) of this turbine was computed with CARDAAV in several situations : without taking into account the infl
 uence of the dynamic stall , by applying the dynamic stall correction , with a blade pitch that had a sinusoidal variation and with a blade pitch that varied according to relation ( 5 ) in which : \U0001d465 . These calculations , as well as all the other that are presented in this paper , have been performed for a constant rotational speed of 125 rpm and at one or several different wind speed values . 
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+\ufeff Potential of wind power projects under the Clean Development Mechanism in India Results : CDM Potential of Wind Power Projects in India Considerable variation has been observed in the reported values of the PLF of the wind power plants in the CDM Project Design Documents ( Table 5 ) . Therefore , in this study to estimate the CDM potential of wind power projects in India the PLF of the wind power plants have been taken as 25 % . There are five regional grids within the country \u2013 the Northern , Western , Southern , Eastern and North-Eastern . Therefore , the CO2 emissions mitigation potential through wind power projects in India is estimated on the basis of the regional grids , whose emission factors have been calculated by the Central Electricity Authority ( CEA ) of the Government of India in 2006. Table 6 presents the estimated values of CDM potential through wind power projects in India on the basis of the regional baselines . We now do a sensitivity analysis with regards t
 o additionality determination . The case of lax additionality assumes that all wind power projects submitted are registered . The median case assumes that the rejection rate remains at the current level ( 2 out of 18 projects , i. e. 11 % ) . The case of stringent additionality assumes that 50 % of the projects are registered . In the lax additionality case , gross annual CER potential of wind power in India reaches 86 million . Similarly , based on the technical potential of wind power projects in India the CDM potential has been estimated as 25 million tonne . Among all the states in India , Gujarat has the largest CO2 emissions mitigation potential through wind power ( 19 million tonne ) followed by Andhra Pradesh ( 15.6 million tonne ) , Madhya Pradesh ( 10.8 million tonne ) , Karnataka ( 12.5 million tonne ) , Rajasthan ( 8.9 million tonne ) , and so on ( Table 6 ) . The annual electricity generation by wind power projects based on the gross and technical potential is also give
 n in Table 6. With 25 % PLF of wind power projects the annual gross electricity generation potential has been estimated at 99 TWh whereas the annual technical electricity generation potential has been estimated at 28 TWh . Table 7 presents the projected values of the cumulative capacity of wind power and likely CER generation using the logistic model described in the Methods section while Figure 5 shows the development over time . It may be noted that with the current trend of dissemination of wind power projects in the country , around 22 GW capacity could be installed up to the end of first crediting period in the SS scenario whereas in the OS scenario 36 GW capacity could be installed . Up to the the year 2020 , more than 44 GW capacity of the wind power projects are expected to be installed that would generate 87 million CERs . Discussion : How the CDM could be applied to the Diffusion of Wind Power Projects ? The CDM was slow to take off as after the Marrakech Accords of 2001 i
 t took another three years to define the bulk of the rules . The CDM Executive Board ( EB ) which is the body defining the CDM rules surprised many observers by taking a rigorous stance on critical issues such as baseline and additionality determination ( see below ) . Once the key rules were in place , a " gold rush " happened in 2005 and 2006. Over 1500 projects were submitted with an estimated CER volume of about 1.5 billion . However , the volume share of renewable energy projects has been less than expected due to the high attractiveness of projects reducing industrial gases and methane from waste . Out of the 1478 CDM projects submitted to the EB , 456 projects had been registered by the EB till 20th December , 2006 [ 32,33 ] . 183 CDM projects related to wind energy of which 47 have been registered , 9 requested registration and 127 were at the validation stage [ 33 ] . Figure 6 presents the status of the wind power projects from India . Out of the 89 projects submitted to th
 e UNFCCC , 18 projects had been registered and two projects had submitted the request for registration . 67 projects were at the validation stage whereas 2 projects had been rejected by the EB . The quantification of GHG benefits of a CDM project is done by means of a " baseline " . A baseline describes the ( theoretical ) emissions that would have occurred in case the CDM project was not implemented . The amounts of CERs that can be earned by the project are then calculated as the difference of baseline emissions and project emissions . The CO2 emissions mitigation benefits associated with a wind power project depend upon the amount of electricity saved . To estimate the CDM potential of wind power project in the country , the approved consolidated baseline methodology for grid-connected electricity generation from renewable sources ACM0002 ( Version 06 ) has been used . For the small scale CDM ( SSC ) projects , the small scale methodology AMS-I . D. " Grid connected renewable ele
 ctricity generation " in its version of 23rd December 2006 [ 34 ] can be used which explicitly mentions wind power for electricity generation . In India , most of the wind power projects are grid connected and substitute grid electricity . Therefore , for such systems , the baseline is the kWh produced by the renewable generating unit multiplied by an emission coefficient ( measured in g CO2eq . /kWh ) calculated in a transparent and conservative manner . This coefficient is 800 g CO2eq . /kWh for a grid where all generators use exclusively fuel oil and/or diesel fuel , whereas it is the weighted average of the so-called operating margin ( emission factor of all thermal power plants serving the grid ) and build margin ( emission factor of the most recently built plants that provide 20 % of the grid 's electricity ) . For wind power , the weight of the operating margin is 0.75 while the build margin is weighted at 0.25 . Alternatively , project developers can use the weighted average
  emissions of the current generation mix but this will always be less than the emission factor derived previously and thus unattractive . For intermittent and non-dispatchable generation types such as wind and solar photovoltaic , ACM0002 allows to weigh the operating margin ( OM ) and build margin ( BM ) at 75 % and 25 % , respectively , however , in this study we have used combines margin by using equal weights for OM and BM as given in CEA document [ 35 ] . To maintain the environmental integrity of the Kyoto Protocol , CERs are given only for " additional " activities that would otherwise not be expected to occur [ 36 ] . Therefore , any CDM project requires careful analysis of additionality . This has probably been the most contentious point in the development of the CDM and also resulted in great confusion amongst project developers [ 37,38 ] . The Kyoto Protocol stops short of requiring project proponents to show strict financial additionality \u2013 that the CDM revenue makes a
 n uneconomic project economic \u2013 and left scope for the CDM EB to refine the demonstration of additionality . The EB subsequently took a fairly strict interpretation of additionality and developed an additionality tool which formally is voluntary but which has become de facto mandatory as it was incorporated in most baseline methodologies . The additionality tool requires an investment analysis and/or a barrier analysis to determine whether the CDM project is the most attractive realistic alternative . This means that the project can be profitable and additional as long as developers can show that another project type was even more profitable . It is estimated that wind power in many countries is already competitive with fossil fuel and nuclear power if social/environmental costs are considered [ 28 ] . However , in India , in terms of costs per kWh in grid-connected areas , costs of wind power are higher than electricity provided by a coal plant projects thus be additional at any 
 rate . The unit cost of electricity generation is 0.05 \u20ac/kWh for coal and 0.06 \u20ac/kWh for fuel oil based system whereas in case of wind , the unit cost of electricity generation is 0.07 \u20ac/kWh in the best locations . The problem with this reasoning is that if wind projects are used to displace expensive grid electricity for industrial consumers ( priced at 0.09 \u20ac/kWh [ 39 ] ) , they are invariably the most attractive alternative unless they are built in locations with low wind speed . The situation for wind projects that supply to the grid at the state-guaranteed feed-in tariff is less clear ; the attractiveness depends on the level of the tariff . As the investment test will not be passed by most wind projects ( or only if they omit the tax incentives , as has been done by a project that achieved registration ) , project developers will use the barrier test . The barrier of higher capital cost compared to fossil fuel power plants is not really credible due to the abundance of
  capital for wind power in India and thus is mentioned only rarely . More credible barriers are low capacity utilization factor , and possible reduction in feed-in tariffs . The former depends on the siting of the project . The latter is very important as shown by the policy of Rajasthan ( see Table 3 ) and other states . In 2001 , Tamil Nadu Electricity Board ( TNEB ) changed its policy and froze the power purchase tariff for wind energy at Rs 2.70 per kWh with no escalation till 2006 and had informed that this power purchase tariff would be reviewed at 2006 and a new tariff would be fixed then . This was a major barrier for establishing new wind farms as other renewable energy plants continued to get a higher tariff . For instance , the power purchase tariff for electricity from an industrial waste/municipal waste based generation was Rs 3.49 for the year 2005 as against Rs 2.70 for wind energy . This policy encourages investors to invest in other renewable energy plants . Reducti
 on in power purchase tariff was a major investment barrier . Moreover , feed-in-tariffs may be replaced by the Availability Based Tariff ( ABT ) in which the generators with firm delivery of power against commitment will start getting more prices for the generated power , whereas wind power producers cannot guarantee supply of electricity and will be thus receive lower rates . For the projects that substitute grid electricity at industrial tariffs , there is the risk that the wind power benefit will melt down as liberalization permits industrial electricity consumers to choose the supplier in a competitive environment . Some projects have also highlighted the technological risks associated with new types of wind turbines . Lack of familiarity and experience with such new technologies can lead to perceptions of greater technical risk than for conventional energy sources . Doing the investment test \u2013 case study A 125 MW wind project in Karnataka calculated an IRR of 7.3 % . At that 
 rate , the project would clearly be unattractive for an investor . However , the picture changes if one analyzes the project more closely . If one uses industry averages for the investment cost ( Rs 5 crore per MW ) , the IRR is 11 % . If one includes the accelerated depreciation of 80 % in the first year and the 10 year income tax holiday , the IRR reaches 22 % ( personal communication by Mr. Sanjeev Chadha ) . It would be difficult to find serious alternatives that are more attractive . Nevertheless , the project was registered by the EB . Table 5 presents the additionality arguments of Indian wind power projects . 14 projects out of 20 have carried out investment and barrier analysis for the justification of additionality whereas 6 projects carried out the barrier analysis only . An assessment of the PDD 's indicates that the investment analysis is not convincing in most of the cases . Two wind projects from India were rejected due to lack of additionality . The rejection was mai
 nly due to the following statement in the annual report of the company that had invested in the projects : " The project is extremely beneficial on a standalone basis and has a payback period of three years with an internal rate of return in excess of 28 per cent . In addition to hedging Bajaj Auto 's power costs , this investment also provides sales tax incentives and an income tax shield " [ 40 ] . 
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