Sivakant Tiwari
Encyclopedia
Sivakant Tiwari, P.P.A.(E.)
, P.B.S.
, P.P.A.(E.)(L.), P.J.G.
(20 December 1945 – 26 July 2010), known professionally as S. Tiwari, was a senior legal officer of the Singapore Legal Service
. He was educated at the University of Singapore, graduating in law in 1971. He then made the Legal Service his career, serving as head of the Ministry of Defence
's legal department (1974), and head of the Attorney-General's Chambers
' Civil Division (1987) and International Affairs Division (1995). He was lead counsel in three significant commissions of inquiry arising out of fatal incidents in the 1970s and 1980s. A skilled negotiator, Tiwari was a member of the Singapore
delegation which dealt with the United States – Singapore Free Trade Agreement signed in 2003, and served as legal adviser to the delegation which established diplomatic relations between Singapore and the People's Republic of China
. He was also on Singapore's legal team in a case concluded in 2003 that had been brought by Malaysia to the International Tribunal for the Law of the Sea
for provisional measures
against alleged damage to its territorial waters
due to land reclamation
by Singapore, and in the territorial dispute
with Malaysia over Pedra Branca
before the International Court of Justice
in 2007.
Tiwari retired from the Legal Service in 2007 but was re-employed by the Attorney-General's Chambers as a special consultant, and in that year was appointed by the World Trade Organization
as a panellist for the first international adjudication of enforcement provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights
in a dispute between China and the United States. He later became a senior visiting fellow at the Institute of Southeast Asian Studies. The founding president of the Hindi Society (Singapore) in 1990, he continued acting as principal of the Society's Hindi Centres in his retirement.
Tiwari was a recipient of the Pingat Pentadbiran Awam
(Emas) (Public Administration Medal (Gold), 1984), the Pingat Bakti Setia
(Long Service Award, 1996), the Public Administration Medal (Gold) (Bar) (2000), and the Pingat Jasa Gemilang
(Meritorious Service Medal, 2008).
on 20 December 1945. His father was a clerk and his mother a housewife. He came to Singapore at a young age, and studied at Monk's Hill Primary School and Raffles Institution. Tiwari's father Thakurprasad Tiwari had wanted him to become a doctor, but after an incident during a biology laboratory session in which he was shocked when an insufficiently chloroform
ed hamster he was about to dissect
revived, he chose to study law at the University of Singapore instead. A student of Professor S. Jayakumar (who became Minister for Law
, and later Senior Minister
and Co-ordinating Minister for National Security), he graduated with a Bachelor of Laws
(LL.B.) in 1971.
. He became head of the legal department at the Ministry of Defence
in 1974. After being posted to the Attorney-General's Chambers
in 1978 as Deputy Senior State Counsel, he was appointed Senior State Counsel in 1984 and subsequently headed the Civil Division in October 1987 and the International Affairs Division of the Chambers from 1 July 1995 when it was formed that year.
Tiwari was lead counsel in three major public inquiries: the 1978 inquiry into the explosion and fire aboard the Greek tanker S.T. Spyros
that killed 76 people; the 1984 commission of inquiry into the collision of the drillship
Eniwetok into the Sentosa cableway, causing the deaths of seven people when two cable-cars fell into the ocean; and the inquiry into the collapse of Hotel New World
in 1988. As Deputy Senior State Counsel, he also represented the state in a number of important cases. In 1985, he successfully argued before Justice T.S. Sinnathuray
in the High Court
that since the Military Court of Appeal was a superior court
of record
, its jurisdiction and the exercise of its powers to hear appeals from subordinate military courts could not be challenged in the High Court by way of judicial review. He also acted for the Government
in the 1988 habeas corpus
applications of persons detained under the Internal Security Act
during Operation Spectrum
before the High Court in De Souza Kevin Desmond v. Minister for Home Affairs and Teo Soh Lung v. Minister for Home Affairs, and in the appeal from those judgments to the Court of Appeal
in Chng Suan Tze v. Minister for Home Affairs
. In the latter case, the Court of Appeal held in a landmark decision that the executive's decision to detain a person under the Act on national security grounds was reviewable by the courts. The effect of this decision was legislatively reversed in 1989, and Tiwari also represented the Government in challenges to the legality of the amending legislation in the case of Teo Soh Lung v. Minister for Home Affairs
.
Tiwari acted as legal advisor to the Singapore team to the Uruguay Round of Multilateral Trade Negotiations
, serving in particular as Singapore's lead negotiator for intellectual property issues during the Uruguay Round. In addition, he was chairman of the Association of Southeast Asian Nations (ASEAN) Working Group on Intellectual Property for six years, and of the Asia-Pacific Economic Cooperation
forum's Intellectual Property Experts' Group from 2005 to 2007. He was a member of the Singapore
delegation which negotiated the United States – Singapore Free Trade Agreement (FTA) signed on 6 May 2003, and led negotiations for the FTA's Intellectual Property and Dispute Settlement Chapters. He also led talks relating to numerous investment agreements on Singapore's behalf, including those with Iran, Oman, Russia and Saudi Arabia; and assisted with the drafting of various ASEAN legal instruments, including the Framework Agreement on Enhancing ASEAN Economic Cooperation, the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area
, the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, and the ASEAN Framework Agreement for the Integration of the Priority Sectors.
Tiwari was one of the first legal officers who specialized in public international law when the International Affairs Division of the Attorney-General's Chambers was established. He was part of the Singapore team to the United Nations Conference on the Law of the Sea and helped to frame important provisions in the United Nations Convention on the Law of the Sea
(UNCLOS), which Singapore acceded
to on 17 November 1994. He also headed negotiations which culminated in the signing of a pact in 1994 delineating a new boundary between Malaysia and Singapore in the Straits of Johor
. Tiwari was on Singapore's legal team in a case brought by Malaysia to the International Tribunal for the Law of the Sea
for provisional measures
against alleged damage to its territorial waters
due to land reclamation
by Singapore in Tuas
. On 8 October 2003, the Tribunal declined to prescribe provisional measures, stating that Malaysia had not shown that there was a situation of urgency or any risk that its rights to its territorial sea would suffer irreversible damage pending consideration of the merits of the case. Having been involved in the territorial dispute
between Singapore and Malaysia over Pedra Branca, Middle Rocks and South Ledge for almost 30 years, including leading bilateral negotiations to attempt a settlement and later to conclude the special agreement submitting the dispute to the International Court of Justice
(ICJ), he was part of the team that presented Singapore's case before the ICJ in 2007. The following year, the Court ruled
that Singapore had sovereignty
over Pedra Branca. Tiwari was also legal adviser to the delegation which negotiated the agreement establishing diplomatic relations between Singapore and the People's Republic of China
, and was a member of the Hindu Endowments Board
(from 2 May 1983), the Hindu Advisory Board which advises the Government
and the Hindu Endowments Board on matters relating to the Hindu religion and custom, and the board of the Maritime and Port Authority of Singapore
.
as a panellist for the first international adjudication of enforcement provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights
in a dispute between China and the United States. Following his stint as a consultant, he became a senior visiting fellow at the Institute of Southeast Asian Studies. He was appointed to the board of governors of the IP Academy, an organization providing training and conducting research in intellectual property
matters, on 1 February 2009. He was also Secretary of the Kreta Ayer People's Foundation and patron of the Siglap South
Management Committee.
Tiwari was the founding president of the Hindi Society (Singapore) and continued to serve as principal of the Hindi Centres managed by the Society in his retirement years. In 1989 he had been elected to chair a pro tempore
committee to look into the study of Hindi
, and met the Minister for Education
Dr. Tony Tan Keng Yam to request that Hindi be allowed to be learned as a second language
by students. On 6 October 1989, the Minister announced that Hindi – along with Bengali
, Gujarati
, Punjabi
and Urdu
– would be offered as a second language in secondary schools up to the O-level standard. While the Ministry would provide premises for the lessons, students had to make their own arrangements for teachers. The pro tem committee arranged for the first Hindi classes for secondary school students on 21 January 1990 and, after registering as the Hindi Society (Singapore) on 4 August 1990, began primary school classes the next day. Tiwari was also Vice-President of the Board for the Teaching and Testing of South Asian Languages.
On 25 July 2010, Tiwari had a severe headache and was taken to hospital and operated upon. However, while sedated
, he suffered a fatal aneurysm
and cerebral haemorrhage, and died shortly before noon on 26 July 2010 aged 64 years. He was cremated that evening. He was survived by his wife Mrs. Teekeshwari Tiwari; his three children, daughter Lachimi and sons Rama and Anand; and his sister Sushila.
Prime Minister
Lee Hsien Loong
wrote in his letter of condolence to Mrs. Tiwari that her husband "did much to advance Singapore's interests internationally. He was a determined, patient and skilful negotiator. He held his own against diplomats and lawyers from other countries and could be counted upon to deliver results for Singapore." In a tribute published in The Straits Times
on 27 July 2010, Senior Minister and Co-ordinating Minister for National Security S. Jayakumar said that Tiwari "was much respected, not just by his colleagues in the Singapore public service, but in Asean and internationally. Whether negotiating bilateral agreements or at international conferences, he achieved the reputation among other delegations as a tough, fair-minded and skilful negotiator." Minister Mentor
Lee Kuan Yew
said in a condolence letter of 29 July that "Singapore has lost an outstanding legal public officer".
(Emas) (Public Administration Medal (Gold)) in 1984 for directing investigations into the Sentosa cable car tragedy, and for his involvement in drafting much of the defence-related legislation during the early years of the Ministry of Defence. In 1996 he received the Pingat Bakti Setia
(Long Service Award), and in 2000 an additional Lintang or Bar for his Public Administration Medal (Gold). For his contributions to the Pedra Branca case, he was conferred the Pingat Jasa Gemilang
(Meritorious Service Medal) in 2008.
Pingat Pentadbiran Awam
The Pingat Pentadbiran Awam was instituted in Singapore in 1963 and has three grades:* Emas * Perak * Gangsa...
, P.B.S.
Pingat Bakti Setia
The Pingat Bakti Setia was instituted in 1962. The medal may be awarded to any person who has completed 25 years continuous service in the service of:* the Government.* any statutory authority ....
, P.P.A.(E.)(L.), P.J.G.
Pingat Jasa Gemilang
The Pingat Jasa Gemilang , instituted in Singapore in 1962. The Medal may be awarded to any person who has performed service of conspicuous merit characterised by resource and devotion to duty, including long service marked by exceptional ability, merit and exemplary conduct within Singapore...
(20 December 1945 – 26 July 2010), known professionally as S. Tiwari, was a senior legal officer of the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
. He was educated at the University of Singapore, graduating in law in 1971. He then made the Legal Service his career, serving as head of the Ministry of Defence
Ministry of Defence (Singapore)
The Ministry of Defence is a ministry of the Government of Singapore entrusted with overseeing the national defence needs of the Republic of Singapore. It is the headquarters of the Singapore Armed Forces...
's legal department (1974), and head of the Attorney-General's Chambers
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
' Civil Division (1987) and International Affairs Division (1995). He was lead counsel in three significant commissions of inquiry arising out of fatal incidents in the 1970s and 1980s. A skilled negotiator, Tiwari was a member of the Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
delegation which dealt with the United States – Singapore Free Trade Agreement signed in 2003, and served as legal adviser to the delegation which established diplomatic relations between Singapore and the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. He was also on Singapore's legal team in a case concluded in 2003 that had been brought by Malaysia to the International Tribunal for the Law of the Sea
International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on December 10, 1982...
for provisional measures
Provisional measure of protection
A provisional measure of protection is the term that the International Court of Justice uses to describe a procedure "roughly equivalent" to an interim order in national legal systems. The carrying out of the procedure is termed indicating the provisional measure of protection...
against alleged damage to its territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
due to land reclamation
Land reclamation
Land reclamation, usually known as reclamation, is the process to create new land from sea or riverbeds. The land reclaimed is known as reclamation ground or landfill.- Habitation :...
by Singapore, and in the territorial dispute
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...
with Malaysia over Pedra Branca
Pedra Branca dispute
The Pedra Branca dispute was a territorial dispute between Singapore and Malaysia over several islets at the eastern entrance to the Singapore Strait, namely Pedra Branca , Middle Rocks and South Ledge...
before the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
in 2007.
Tiwari retired from the Legal Service in 2007 but was re-employed by the Attorney-General's Chambers as a special consultant, and in that year was appointed by the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
as a panellist for the first international adjudication of enforcement provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
in a dispute between China and the United States. He later became a senior visiting fellow at the Institute of Southeast Asian Studies. The founding president of the Hindi Society (Singapore) in 1990, he continued acting as principal of the Society's Hindi Centres in his retirement.
Tiwari was a recipient of the Pingat Pentadbiran Awam
Pingat Pentadbiran Awam
The Pingat Pentadbiran Awam was instituted in Singapore in 1963 and has three grades:* Emas * Perak * Gangsa...
(Emas) (Public Administration Medal (Gold), 1984), the Pingat Bakti Setia
Pingat Bakti Setia
The Pingat Bakti Setia was instituted in 1962. The medal may be awarded to any person who has completed 25 years continuous service in the service of:* the Government.* any statutory authority ....
(Long Service Award, 1996), the Public Administration Medal (Gold) (Bar) (2000), and the Pingat Jasa Gemilang
Pingat Jasa Gemilang
The Pingat Jasa Gemilang , instituted in Singapore in 1962. The Medal may be awarded to any person who has performed service of conspicuous merit characterised by resource and devotion to duty, including long service marked by exceptional ability, merit and exemplary conduct within Singapore...
(Meritorious Service Medal, 2008).
Early years and education
Sivakant Tiwari was born in IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
on 20 December 1945. His father was a clerk and his mother a housewife. He came to Singapore at a young age, and studied at Monk's Hill Primary School and Raffles Institution. Tiwari's father Thakurprasad Tiwari had wanted him to become a doctor, but after an incident during a biology laboratory session in which he was shocked when an insufficiently chloroform
Chloroform
Chloroform is an organic compound with formula CHCl3. It is one of the four chloromethanes. The colorless, sweet-smelling, dense liquid is a trihalomethane, and is considered somewhat hazardous...
ed hamster he was about to dissect
Dissection
Dissection is usually the process of disassembling and observing something to determine its internal structure and as an aid to discerning the functions and relationships of its components....
revived, he chose to study law at the University of Singapore instead. A student of Professor S. Jayakumar (who became Minister for Law
Ministry of Law (Singapore)
The Ministry of Law is a ministry of the Government of Singapore responsible for ensuring that Singapore's legal infrastructure is clear, efficacious and transparent...
, and later Senior Minister
Senior Minister
Senior Minister is a political office in the political system of Singapore taken by a prime minister or senior cabinet minister when he or she retires from that office, but still has something to offer the government based on his or her long experience...
and Co-ordinating Minister for National Security), he graduated with a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
(LL.B.) in 1971.
Career
Upon graduation, Tiwari joined the government service as a legal officer in April 1971. He eventually spent his entire working life – 36 years – with the Singapore Legal ServiceSingapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
. He became head of the legal department at the Ministry of Defence
Ministry of Defence (Singapore)
The Ministry of Defence is a ministry of the Government of Singapore entrusted with overseeing the national defence needs of the Republic of Singapore. It is the headquarters of the Singapore Armed Forces...
in 1974. After being posted to the Attorney-General's Chambers
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
in 1978 as Deputy Senior State Counsel, he was appointed Senior State Counsel in 1984 and subsequently headed the Civil Division in October 1987 and the International Affairs Division of the Chambers from 1 July 1995 when it was formed that year.
Tiwari was lead counsel in three major public inquiries: the 1978 inquiry into the explosion and fire aboard the Greek tanker S.T. Spyros
Spyros disaster
The Spyros disaster was a major industrial disaster that occurred in Singapore. The Greek tanker Spyros exploded at Jurong Shipyard in Singapore on October 12, 1978. It killed 76 people, and remains as Singapore's worst accident, in terms of lives lost, in Singapore's post-war history...
that killed 76 people; the 1984 commission of inquiry into the collision of the drillship
Drillship
A drillship is a maritime vessel that has been fitted with drilling apparatus. It is most often used for exploratory offshore drilling of new oil or gas wells in deep water or for scientific drilling. The drillship can also be used as a platform to carry out well maintenance or completion work such...
Eniwetok into the Sentosa cableway, causing the deaths of seven people when two cable-cars fell into the ocean; and the inquiry into the collapse of Hotel New World
Hotel New World disaster
The Hotel New World emergency occurred on 15 March 1986, and was Singapore's deadliest civil disaster since the Spyros disaster of 12 October 1978. The six-story building situated at the junction of Serangoon Road and Owen Road rapidly collapsed, trapping 50 people beneath the rubble...
in 1988. As Deputy Senior State Counsel, he also represented the state in a number of important cases. In 1985, he successfully argued before Justice T.S. Sinnathuray
Thirugnana Sampanthar Sinnathuray
Thirugnana Sampanthar Sinnathuray, affectionately known as 'Sam' or 'Judge' by his friends and peers, was born on 22 September 1930 and the son of a school principal. He received his early education at Pearl's Hill School and the Outram School but was cut short by the Fall Of Singapore in February...
in the High Court
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
that since the Military Court of Appeal was a superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
, its jurisdiction and the exercise of its powers to hear appeals from subordinate military courts could not be challenged in the High Court by way of judicial review. He also acted for the Government
Government of Singapore
The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check...
in the 1988 habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
applications of persons detained under the Internal Security Act
Internal Security Act (Singapore)
The Internal Security Act of Singapore is a law that allows the Singapore government to investigate security threats like international terrorism, foreign subversion, espionage and acts of violence or hatred using race or religion...
during Operation Spectrum
Operation Spectrum
Operation Spectrum was launched on May 21, 1987 by Singapore's Internal Security Department using the Internal Security Act . 16 people were arrested for their involvement in what was described as a "Marxist conspiracy". On June 20, 1987, four of the original 16 were released and six more were...
before the High Court in De Souza Kevin Desmond v. Minister for Home Affairs and Teo Soh Lung v. Minister for Home Affairs, and in the appeal from those judgments to the Court of Appeal
Court of Appeal of Singapore
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the Chief Justice of Singapore, who is the President of the...
in Chng Suan Tze v. Minister for Home Affairs
Chng Suan Tze v. Minister for Home Affairs
Chng Suan Tze v. Minister for Home Affairs is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants' favour on a technical ground, but considered obiter dicta the reviewability of government power in preventive...
. In the latter case, the Court of Appeal held in a landmark decision that the executive's decision to detain a person under the Act on national security grounds was reviewable by the courts. The effect of this decision was legislatively reversed in 1989, and Tiwari also represented the Government in challenges to the legality of the amending legislation in the case of Teo Soh Lung v. Minister for Home Affairs
Teo Soh Lung v. Minister for Home Affairs
Teo Soh Lung v. Minister for Home Affairs is the name of two cases of the Singapore courts, a High Court decision delivered in 1989 and the 1990 judgment in the appeal from that decision to the Court of Appeal. The cases were concerned with the constitutionality of amendments made to the...
.
Tiwari acted as legal advisor to the Singapore team to the Uruguay Round of Multilateral Trade Negotiations
Uruguay Round
The Uruguay Round was the 8th round of Multilateral trade negotiations conducted within the framework of the General Agreement on Tariffs and Trade , spanning from 1986-1994 and embracing 123 countries as “contracting parties”. The Round transformed the GATT into the World Trade Organization...
, serving in particular as Singapore's lead negotiator for intellectual property issues during the Uruguay Round. In addition, he was chairman of the Association of Southeast Asian Nations (ASEAN) Working Group on Intellectual Property for six years, and of the Asia-Pacific Economic Cooperation
Asia-Pacific Economic Cooperation
Asia-Pacific Economic Cooperation is a forum for 21 Pacific Rim countries that seeks to promote free trade and economic cooperation throughout the Asia-Pacific region...
forum's Intellectual Property Experts' Group from 2005 to 2007. He was a member of the Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
delegation which negotiated the United States – Singapore Free Trade Agreement (FTA) signed on 6 May 2003, and led negotiations for the FTA's Intellectual Property and Dispute Settlement Chapters. He also led talks relating to numerous investment agreements on Singapore's behalf, including those with Iran, Oman, Russia and Saudi Arabia; and assisted with the drafting of various ASEAN legal instruments, including the Framework Agreement on Enhancing ASEAN Economic Cooperation, the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area
ASEAN Free Trade Area
ASEAN Free Trade Area is a trade bloc agreement by the Association of Southeast Asian Nations supporting local manufacturing in all ASEAN countries....
, the ASEAN Protocol on Enhanced Dispute Settlement Mechanism, and the ASEAN Framework Agreement for the Integration of the Priority Sectors.
Tiwari was one of the first legal officers who specialized in public international law when the International Affairs Division of the Attorney-General's Chambers was established. He was part of the Singapore team to the United Nations Conference on the Law of the Sea and helped to frame important provisions in the United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
(UNCLOS), which Singapore acceded
Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
to on 17 November 1994. He also headed negotiations which culminated in the signing of a pact in 1994 delineating a new boundary between Malaysia and Singapore in the Straits of Johor
Straits of Johor
The Straits of Johor is a strait that separates the Malaysian state of Johor to the north from Singapore to the south....
. Tiwari was on Singapore's legal team in a case brought by Malaysia to the International Tribunal for the Law of the Sea
International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on December 10, 1982...
for provisional measures
Provisional measure of protection
A provisional measure of protection is the term that the International Court of Justice uses to describe a procedure "roughly equivalent" to an interim order in national legal systems. The carrying out of the procedure is termed indicating the provisional measure of protection...
against alleged damage to its territorial waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
due to land reclamation
Land reclamation
Land reclamation, usually known as reclamation, is the process to create new land from sea or riverbeds. The land reclaimed is known as reclamation ground or landfill.- Habitation :...
by Singapore in Tuas
Tuas
Tuas is largely an industrial zone located in the western part of Singapore. The Tuas Planning Area is located within the West Region, and is bounded by Tengeh Reservoir to the north, Strait of Johor to the west, Straits of Singapore to the south, and the Pan Island Expressway to the east.It is...
. On 8 October 2003, the Tribunal declined to prescribe provisional measures, stating that Malaysia had not shown that there was a situation of urgency or any risk that its rights to its territorial sea would suffer irreversible damage pending consideration of the merits of the case. Having been involved in the territorial dispute
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...
between Singapore and Malaysia over Pedra Branca, Middle Rocks and South Ledge for almost 30 years, including leading bilateral negotiations to attempt a settlement and later to conclude the special agreement submitting the dispute to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ), he was part of the team that presented Singapore's case before the ICJ in 2007. The following year, the Court ruled
Pedra Branca dispute
The Pedra Branca dispute was a territorial dispute between Singapore and Malaysia over several islets at the eastern entrance to the Singapore Strait, namely Pedra Branca , Middle Rocks and South Ledge...
that Singapore had sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
over Pedra Branca. Tiwari was also legal adviser to the delegation which negotiated the agreement establishing diplomatic relations between Singapore and the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, and was a member of the Hindu Endowments Board
Hindu Endowments Board
The Hindu Endowments Board is a statutory board of the Singapore Government, under the Ministry of Community Development, Youth and Sports .-Role:...
(from 2 May 1983), the Hindu Advisory Board which advises the Government
Government of Singapore
The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check...
and the Hindu Endowments Board on matters relating to the Hindu religion and custom, and the board of the Maritime and Port Authority of Singapore
Maritime and Port Authority of Singapore
The Maritime and Port Authority of Singapore is a statutory board under the Ministry of Transport of the Singapore Government.-History:The Maritime and Port Authority of Singapore was established on 2 February 1996 by the MPA Act of...
.
Later life
Despite retiring from the Legal Service in December 2007, Tiwari was re-employed by the Attorney-General's Chambers as a special consultant until December 2008. On 13 December 2007, he was appointed by the World Trade OrganizationWorld Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
as a panellist for the first international adjudication of enforcement provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
in a dispute between China and the United States. Following his stint as a consultant, he became a senior visiting fellow at the Institute of Southeast Asian Studies. He was appointed to the board of governors of the IP Academy, an organization providing training and conducting research in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
matters, on 1 February 2009. He was also Secretary of the Kreta Ayer People's Foundation and patron of the Siglap South
Siglap
Siglap is a neighbourhood in the eastern part of Singapore established in 1955, consisting primarily of low-rise residential properties. It is part of the Bedok Planning Area, an urban planning zone under the Urban Redevelopment Authority...
Management Committee.
Tiwari was the founding president of the Hindi Society (Singapore) and continued to serve as principal of the Hindi Centres managed by the Society in his retirement years. In 1989 he had been elected to chair a pro tempore
Pro tempore
Pro tempore , abbreviated pro tem or p.t., is a Latin phrase which best translates to "for the time being" in English. This phrase is often used to describe a person who acts as a locum tenens in the absence of a superior, such as the President pro tempore of the United States Senate.Legislative...
committee to look into the study of Hindi
Hindi
Standard Hindi, or more precisely Modern Standard Hindi, also known as Manak Hindi , High Hindi, Nagari Hindi, and Literary Hindi, is a standardized and sanskritized register of the Hindustani language derived from the Khariboli dialect of Delhi...
, and met the Minister for Education
Ministry of Education (Singapore)
The Ministry Of Education is a ministry of the Government of Singapore that directs the formulation and implementation of policies related to education in Singapore.-Statutory boards:...
Dr. Tony Tan Keng Yam to request that Hindi be allowed to be learned as a second language
Second language
A second language or L2 is any language learned after the first language or mother tongue. Some languages, often called auxiliary languages, are used primarily as second languages or lingua francas ....
by students. On 6 October 1989, the Minister announced that Hindi – along with Bengali
Bengali language
Bengali or Bangla is an eastern Indo-Aryan language. It is native to the region of eastern South Asia known as Bengal, which comprises present day Bangladesh, the Indian state of West Bengal, and parts of the Indian states of Tripura and Assam. It is written with the Bengali script...
, Gujarati
Gujarati language
Gujarati is an Indo-Aryan language, and part of the greater Indo-European language family. It is derived from a language called Old Gujarati which is the ancestor language of the modern Gujarati and Rajasthani languages...
, Punjabi
Punjabi language
Punjabi is an Indo-Aryan language spoken by inhabitants of the historical Punjab region . For Sikhs, the Punjabi language stands as the official language in which all ceremonies take place. In Pakistan, Punjabi is the most widely spoken language...
and Urdu
Urdu
Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
– would be offered as a second language in secondary schools up to the O-level standard. While the Ministry would provide premises for the lessons, students had to make their own arrangements for teachers. The pro tem committee arranged for the first Hindi classes for secondary school students on 21 January 1990 and, after registering as the Hindi Society (Singapore) on 4 August 1990, began primary school classes the next day. Tiwari was also Vice-President of the Board for the Teaching and Testing of South Asian Languages.
On 25 July 2010, Tiwari had a severe headache and was taken to hospital and operated upon. However, while sedated
Sedation
Sedation is the reduction of irritability or agitation by administration of sedative drugs, generally to facilitate a medical procedure or diagnostic procedure...
, he suffered a fatal aneurysm
Aneurysm
An aneurysm or aneurism is a localized, blood-filled balloon-like bulge in the wall of a blood vessel. Aneurysms can commonly occur in arteries at the base of the brain and an aortic aneurysm occurs in the main artery carrying blood from the left ventricle of the heart...
and cerebral haemorrhage, and died shortly before noon on 26 July 2010 aged 64 years. He was cremated that evening. He was survived by his wife Mrs. Teekeshwari Tiwari; his three children, daughter Lachimi and sons Rama and Anand; and his sister Sushila.
Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
Lee Hsien Loong
Lee Hsien Loong
Lee Hsien Loong is the third and current Prime Minister of Singapore. He is married to Ho Ching, who is the Executive Director and Chief Executive Officer of Temasek Holdings. He is the eldest son of Singapore's first Prime Minister Lee Kuan Yew....
wrote in his letter of condolence to Mrs. Tiwari that her husband "did much to advance Singapore's interests internationally. He was a determined, patient and skilful negotiator. He held his own against diplomats and lawyers from other countries and could be counted upon to deliver results for Singapore." In a tribute published in The Straits Times
The Straits Times
The Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
on 27 July 2010, Senior Minister and Co-ordinating Minister for National Security S. Jayakumar said that Tiwari "was much respected, not just by his colleagues in the Singapore public service, but in Asean and internationally. Whether negotiating bilateral agreements or at international conferences, he achieved the reputation among other delegations as a tough, fair-minded and skilful negotiator." Minister Mentor
Minister Mentor
Minister Mentor is a Singapore cabinet position created in 2004 as part of a leadership transition.The newly appointed Prime Minister, Lee Hsien Loong , announced Lee Kuan Yew's new title together with the naming of his Cabinet on August 12, 2004...
Lee Kuan Yew
Lee Kuan Yew
Lee Kuan Yew, GCMG, CH is a Singaporean statesman. He was the first Prime Minister of the Republic of Singapore, governing for three decades...
said in a condolence letter of 29 July that "Singapore has lost an outstanding legal public officer".
Awards and honours
Tiwari was awarded the Pingat Pentadbiran AwamPingat Pentadbiran Awam
The Pingat Pentadbiran Awam was instituted in Singapore in 1963 and has three grades:* Emas * Perak * Gangsa...
(Emas) (Public Administration Medal (Gold)) in 1984 for directing investigations into the Sentosa cable car tragedy, and for his involvement in drafting much of the defence-related legislation during the early years of the Ministry of Defence. In 1996 he received the Pingat Bakti Setia
Pingat Bakti Setia
The Pingat Bakti Setia was instituted in 1962. The medal may be awarded to any person who has completed 25 years continuous service in the service of:* the Government.* any statutory authority ....
(Long Service Award), and in 2000 an additional Lintang or Bar for his Public Administration Medal (Gold). For his contributions to the Pedra Branca case, he was conferred the Pingat Jasa Gemilang
Pingat Jasa Gemilang
The Pingat Jasa Gemilang , instituted in Singapore in 1962. The Medal may be awarded to any person who has performed service of conspicuous merit characterised by resource and devotion to duty, including long service marked by exceptional ability, merit and exemplary conduct within Singapore...
(Meritorious Service Medal) in 2008.