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GS Paper: GS2-20.Important International institutions, agencies and fora- their structure, mandate.

  • ‘2 Billion Kilometers to Safety’ campaign

     

    The UN Refugee Agency UNHCR has announced a new global campaign urging people worldwide to cover the total distance travelled by refugees each year – 2 billion kilometers – by running, jogging or walking.

    About the campaign

    • The “2 Billion Kilometers to Safety” campaign vies to encourage people to support refugees by championing individual acts of solidarity.
    • The goal is to acknowledge the resilience and strength of refugees.
    • It calls on the public to show their solidarity with refugees by running, walking or cycling to collectively cover two billion kilometers.
    • Participants can use their fitness apps or the campaign website to log the kilometers and contribute to the global total.

    Distance covered by refugees 

    • UNHCR traced the journeys of refugees around the world and calculated that, collectively, people forced to flee travel approximately two billion kilometers every year to reach the first point of safety.
    • This is roughly the distance that separates Earth from somewhere between the planets Saturn and Uranus.
    • According to UNHCR estimates, Syrian refugees travelled over 240 kilometers each to reach Turkey.
    • South Sudanese refugees travelled more than 640 kilometers to reach Kenya. Rohingya refugees from Myanmar travelled approximately 80 kilometers to reach Bangladesh.

  • [op-ed snap] A case of a maritime presence adrift

    Context

    The International Maritime Organization (IMO), had mandated that merchant ships should not burn fuel with sulphur content greater than 0.5% beginning January 1.

    Why the new sulphur content limit matters?

    • The previous limit of 3.5 %: Before the ban, fuel had a comfortable sulphur content limit of 3.5%, which was applicable to most parts of the world.
    • Problem with low content fuel: Many industry professionals feared that the new very-low-sulphur fuel would be incompatible with the engines and other vessel equipment.
    • Problems with past US limits: Past mandates on sulphur limits in American waters had led to many technical problems. There have been instances of ships having been stranded after fine particles separated out from the fuel, damaging equipment and clogging up devices.

    How such regulations matter for India?

    • Sulphur cap one of the many problems: The global sulphur cap is only one of the many environment-related regulations that have been shaking up the shipping industry.
      • The industry is generally risk-averse and slow to accept changes.
      • For instance, efforts are ongoing to reduce nitrogen oxides (NOx) and ozone-depleting gases.
    • IMO project to decarbonise shipping: Further, the IMO has announced an ambitious project to decarbonise shipping in order to reduce carbon emissions.
    • How it matters for India? These regulations are triggering massive technological, operational and structural changes.
      • They come at a price which will have to be borne to a large extent by developing countries such as India.
      • India among 10 countries: The IMO currently lists India as among the 10 states with the “largest interest in international seaborne trade”.
      • Inadequate participation of India: But India’s participation in the IMO to advance its national interests has been desultory and woefully inadequate.
    • How it could matters: The sulphur cap, for instance-
      • Will reduce emissions.
      • Reduce the health impact on coastal populations but-
      • Ship operational costs are going up since the new fuel product is more expensive.
    • Refineries struggling to meet demand: As refineries including those in India struggle to meet the demand, freight costs have started moving up, with a cascading effect on retail prices.

    Significance of shipping and the role of IMO

    • Significance of shipping: Shipping, which accounts for over 90% by volume and about 80% by value of global trade.
      • Role of IMO: It is a highly regulated industry with a range of legislation promulgated by the IMO.
      • The IMO currently has 174 member states and three associate members; there are also scores of non-governmental and inter-governmental organisations.
      • The IMO’s policies or conventions have a serious impact on every aspect of shipping including the cost of maritime trade.
    • How IMO functions
      • The IMO, like any other UN agency, is primarily a secretariat, which facilitates decision-making processes on all maritime matters through meetings of member states.
      • How treaties are made? The binding instruments are brought in through the conventions -to which member states sign on to for compliance -as well as amendments to the same and related codes.
      • Structure of IMO: Structurally, maritime matters are dealt with by the committees of the IMO –
      • The Maritime Safety Committee (MSC).
      • Marine Environment Protection Committee (MEPC).
      • Technical Cooperation Committee.
      • Legal Committee and the Facilitation Committee.
      • Each committee is designated a separate aspect of shipping and supported by sub-committees. Working groups and correspondence groups support the subcommittees.
    • Role of subcommittees of IMO: The subcommittees are the main working organs, where the proposals from a member state are parsed before they are forwarded to one of the main committees.
      • The main committees, thereafter, with the nod of the Assembly, put the approved proposal for enactment through the Convention, amendments, and codes or circulars.

    India’s inadequate efforts at protecting the interest

    • How other countries deal with the issues: To ensure that their maritime interests are protected, the European countries move their proposals in unison and voting or support are given en bloc.
      • Permanent representative: China, Japan, Singapore, Korea and a few others represent their interests through their permanent representative as well as ensuring that a large delegation takes part and intervenes in the meetings.
    • How India is falling short? While these countries have fiercely protected their interests, India has not.
      • No permanent representative: For example, its permanent representative post at London has remained vacant for the last 25 years.
      • Representation at meetings is often through a skeletal delegation
      • India’s presentation inadequate: A review of IMO documents shows that the number of submissions made by India in the recent past has been measly and not in proportion to India’s stakes in global shipping.
    • “High-Risk Area” demarcation issue: The promulgation of “High-Risk Areas” when piracy was at its peak and dominated media headlines.
      • What happened in the issue? The IMO’s demarcation resulted in half the Arabian Sea and virtually the entire south-west coast of India being seen as piracy-infested, despite the presence of the Indian Navy and Coast Guard.
      • The “Enrica Lexie” shooting incident of 2012, off the coast of Kerala, was a direct fallout of the demarcation.
    • What were the consequences of the demarcation issue?
      • Increase in insurance costs: The “High-Risk Area” formulation led to a ballooning of insurance costs; it affected goods coming into or out of India.
      • It took great efforts to revoke the promulgation and negate the financial burden.
      • The episode highlighted India’s apathy and inadequate representation at the IMO.
      • NavIC introduction difficulty: There was also great difficulty in introducing the indigenously designed NavIC (NAVigation with Indian Constellation) in the worldwide maritime navigation system.
    • What could be the consequences in future?
      • EU’s documented procedure: In contrast, the European Union has a documented procedure on how to influence the IMO.
      • Agenda driven by developed countries: New legislative mandates, fitment of new equipment and changes to ship structural designs being brought on have been driven by developed countries.
      • Consequences for India: All the issues pushed by developed countries are not entirely pragmatic from the point of view of India’s interests.
      • Further, it will not be mere speculation to see them as efforts to push products and companies based in the West.

    Conclusion

    So far, India’s presence and participation in the IMO has been at the individual level. India should now make its presence felt so that its national interests are served. It is time India regained its status as a major maritime power.

     

  • Oslo Peace Accord

     

    Palestinian officials threatened to withdraw from key provisions of the Oslo Accords, which define relations with Israel, if U.S. President Donald Trump announces his Middle East peace plan next week.

    The Oslo Peace Accord

    • The Oslo Accords were a landmark moment in the pursuit of peace in the Middle East.
    • Actually a set of two separate agreements signed by the government of Israel and the leadership of the Palestine Liberation Organization (PLO)—the militant organization established in 1964 to create a Palestinian state.
    • The negotiations between Israel and the PLO that ultimately led to the Oslo Accords began, in secret, in Oslo, Norway, in 1993.
    • The Oslo Accords were ratified in Washington, D.C., in 1993 (Oslo I) and in Taba, Egypt, in 1995 (Oslo II).
    • Sometimes called Oslo II, the interim agreement set out the scope of Palestinian autonomy in the West Bank and Gaza.
    • The interim pact was only supposed to last five years while a permanent agreement was finalised but it has tacitly been rolled over for more than two decades.

    A final nail in the coffin

    • World powers have long agreed that Jerusalem’s fate should be settled through negotiations between Israel and the Palestinians.
    • The Palestinians see east Jerusalem as the capital of their future state and believe Trump’s plan buries the two-state solution that has been for decades the cornerstone of international Middle East diplomacy.

  • ICJ ruling on Rohingyas

     

    • The International Court of Justice (ICJ) ruled that Myanmar must take effective measures to protect its Rohingya Muslims, including protecting evidence relating to allegations of genocide.
    • It is important to note that these directions are “provisional measures” until the ICJ can finally decide if Myanmar has been committing genocide against the Rohingya. The final verdict could take years.

    What is the case against Myanmar?

    • Last year, the Republic of the Gambia moved the ICJ against Myanmar over alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide.
    • The Gambia urged the ICJ to direct Myanmar to stop the genocide, ensure that persons committing genocide are punished, and allow the “safe and dignified return of forcibly displaced Rohingya”.
    • The Gambia and Myanmar are parties to the Genocide Convention that allows a party to move the ICJ for violations.
    • Disputes between the Contracting Parties are settled according to Article 9 of the Genocide Convention.

    How did Myanmar respond?

    • Myanmar asked the ICJ to remove the case from its list, citing lack of jurisdiction of the court.
    • Myanmar alleged that the proceedings before the court were instituted by the Gambia, not on its own behalf, but rather as a “proxy” and “on behalf of” the Organisation of Islamic Cooperation (OIC).
    • Gambia is a member of the OIC, which includes 53 Muslim-majority nations.
    • Myanmar cited the Gambia’s reliance on OIC documents to allege genocide and said the Gambia did not point to specific violations of the Genocide Convention.
    • The court refused to accept Myanmar’s argument and said the fact that the Gambia “may have sought and obtained the support of other States or international organizations in its endeavour” does not take away from its right to bring a case against Myanmar.

    Does the ICJ ruling indict Myanmar?

    • Although a ruling against Myanmar dents its image internationally, the order of provisional measures does not translate into a finding against Myanmar.
    • While granting provisional measures, the court is not required to ascertain whether Myanmar violated the Genocide Convention.
    • The court found that it is sufficient at this stage “to establish prima facie the existence of a dispute between the Parties relating to the interpretation, application or fulfillment of the Genocide Convention”.
    • Myanmar leader Aung San Suu Kyi’s personal appearance before the ICJ to lead the defence of the military, however, shows the great stakes her country had in the case.

    Effects of non-compliance for Myanmar

    • For its part, Myanmar has denied that its military or paramilitary has participated in genocide of Rohingya and it is unlikely to alter its position.
    • Provisional measures are essentially a restraining order against a state when a case is pending and can be seen as, at most, a censure.
    • Provisional orders cannot be challenged and are binding upon the state.
    • However, limitations in enforcing decisions of the ICJ are widely acknowledged by law experts.

    What are these limitations?

    • As per Article 94 of the Charter of the United Nations, all member states are required to comply with decisions of the ICJ.
    • However, any action by a state can be secured only through consent of the state in international law.
    • When a state fails to comply, the Security Council has the power to impose sanctions against it and ensure compliance when international security and peace are at stake.
    • So far, the Security Council has never taken a coercive measure against any country to get an ICJ ruling implemented.
    • Even with the stepping in of the Security Council, there are several hurdles in enforcement of ICJ decisions.
    • Any one of the five permanent members of the Security Council with veto powers can block the enforcement of an ICJ decision against itself or its ally.

  • Democracy Index 2019

     

    The latest edition of the Democracy Index spells gloom for India. The world’s biggest democracy slipped 10 places in the 2019 global ranking to 51st place.

    Democracy Index

    • The report is published by The Economist Intelligence Unit — the research and analysis division of The Economist Group, which is the sister company to The Economist newspaper.
    • It records how global democracy fared, analysing 165 independent states and two territories.
    • The 2019 survey attributes the primary cause of “the democratic regression” to “an erosion of civil liberties in the country”.

    India’s performance

    • India’s overall score fell from 7.23 to 6.9, on a scale of 0-10, within a year (2018-2019) — the country’s lowest since 2006.
    • India was graded in electoral process and pluralism (8.67), government functioning (6.79), political participation (6.67), political culture (5.63) and civil liberties (6.76).
    • In the Asia and Australasia region, India ranks eighth, behind Taiwan and Timor-Leste.
    • The report talks about the repeal of both Article 370 and Article 35A and various restrictions such as house arrests, internet shutdowns and excessive use of forces.

    India: A flawed democracy?

    The Index also categorizes India under “flawed democracies”, i.e. countries that hold free and fair elections and where basic civil liberties are respected, but have significant weaknesses in aspects of democracy, such as problems in governance, an underdeveloped political culture and low levels of political participation.

  • Blue Corner Notice

    Interpol has issued a Blue Corner notice to help locate an infamous fugitive self-styled godman weeks after the Gujarat Police sought the agency’s intervention for this.

     ‘Blue Corner’ notice

    • According to the Interpol website, “Notices are international requests for cooperation or alerts allowing police in member countries to share critical crime-related information.”
    • There are seven types of notices — Red Notice, Yellow Notice, Blue Notice, Black Notice, Green Notice, Orange Notice, and Purple Notice.
    • The Blue Notice is issued to “collect additional information about a person’s identity, location or activities in relation to a crime.”

    Blue notices a/c to CBI

    • The Central Bureau of Investigation (CBI) website refers to Blue Notices as ‘B Series (Blue) Notices’.
    • It says, “The ‘B’ series notices are also called ‘enquiry notices’ and may be issued in order to have someone’s identity verified; to obtain particulars of a person’s criminal record; to locate someone who is missing or is an identified or unidentified international criminal or is wanted for a violation of ordinary criminal law and whose extradition may be requested.”

  • [pib] UNCITRAL

     

    An International Arbitration Tribunal has dismissed all claims brought against  India in entirety. The arbitration arose out of the cancellation of Letters of Intent for the issuance of telecom licences to provide 2G services in five telecommunications circles by reason of India’s essential security interests.

    UNCITRAL

    • The UN Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly responsible for helping to facilitate international trade and investment.
    • Established by the UNGA in 1966, UNCITRAL’s official mandate is “to promote the progressive harmonization and unification of international trade law” through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.
    • UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered.
    • The Tribunal constituted in accordance with the UNCITRAL Arbitration Rules 1976 is seated at the Hague, Netherlands, and proceedings are administered by the Permanent Court of Arbitration.

  • Henley Passport Index 2020

    The Indian passport is closer to the bottom, ranked 84th in the world, according to the 2020 edition of the Henley Passport Index.

    Henley Passport Index

    • According to Henley & Partners publishes the ranking and the Index of the world’s passports “according to the number of destinations their holders can access without a prior visa”.
    • The ranking is based on data from the International Air Transport Association (IATA), a trade association of some 290 airlines, including all major carriers.
    • The index includes 199 different passports and 227 different travel destinations.
    • The data are updated in real time as and when visa policy changes come into effect.

    India’s performance

    • Since the index began in 2006, the Indian passport has ranked in a band of 71st to 88th. (The number of passports ranked has, however, varied from year to year.)
    • The Indian passport’s 2020 ranking of 84th translates into visa-free access to 58 destinations, including 33 which give Indians visas on arrival.
    • It ranked higher in both 2019 (82, with visa-free access to 59 destinations) and 2018 (81, with visa-free access to 60 destinations).
    • Twenty of the 58 visa-free access destinations in the 2020 list are in Africa, and 11 each in Asia and the Caribbean.
    • Serbia is the only European country to which Indian passport holders can travel visa-free. There is no major or developed country to which Indian passport holders have visa-free access.

    Global performance

    • The top 10 most powerful passports this year are ranked in this order: Japan, Singapore, South Korea, Germany, Italy, Finland, Spain, Luxembourg and Denmark.
    • Japan has been topping the Index for three straight years; according to the 2020 index, its citizens are able to access 191 destinations without having to obtain a visa in advance.
    • Afghanistan at rank 107 is the weakest.
    • Singapore, in second place (same as in 2019), has a visa-free/visa-on-arrival score of 190.
    • Germany is No. 3 (same position as in 2019), with access to 189 destinations; it shares this position with South Korea, which dropped from the second place it held a year ago.
    • The US and the UK have been falling consistently over successive Indices.

  • [op-ed snap] Art of science diplomacy

    Context:

    Some of the most pressing issues and developmental challenges facing nations in contemporary times have a scientific and technological dimension. Science and Technology (S&T)-led innovation offers an opportunity to address these multifaceted challenges, which are now global in nature.

    Role of S&T in national and international obligations:

    • S&T today has a national obligation.
    • For a diverse country such as India, S&T is expected to empower the common citizen, making his/her life easier and also being inclusive, which is a national obligation.
    • It has to also meet the international obligation of a responsible country.
    • Importance of S&T innovation in achieving the 2030 Agenda for UN Sustainable Development Goals (SDGs)- points towards new opportunities for cross border collaboration.
    • Science diplomacy, thus, is a crucial policy dimension.
    • India has launched several global initiatives.

    Global Innovation and Technology Alliance (GITA):

    • It was launched by India a few years ago.
    • GITA has provided an enabling platform for frontline techno-economic alliances.
    • It is an industry-led collaboration, with the government as an equal partner.
    • It is aimed at supporting the last phase of technology-based high-end, affordable product development — which can connect to both global and domestic markets.
    • Under GITA, enterprises from India are tying up with their counterparts from partner countries.
    • Partnering countries include Canada, Finland, Italy, Sweden, Spain, and the UK.

     International Solar Alliance (ISA):

    • It has more than 79 sunshine countries as signatories and nearly 121 prospective countries as partners.
    • The vision and mission of the ISA are to provide a dedicated platform for cooperation among solar resource-rich countries.
    • ISA can make a contribution to increasing the use of solar energy in meeting the energy needs of member countries in a safe, affordable, equitable and sustainable manner.

    Coalition for Disaster Resilient Infrastructure (CDRI):

    • It was recently announced at the UN Climate Action Summit in New York.
    • CDRI is an international partnership piloted by India in consultation with 35 countries.
    • CDRI will support developed and developing nations in their efforts to build climate and disaster-resilient infrastructure.
    • It will provide member countries with technical support and capacity development, research and knowledge management, and advocacy and partnerships.
    • It is aimed at risk identification and assessment, urban risk and planning, and disaster risk management.
    • In the next two-three years, the coalition aims to have three types of impact.
    • First-impact on country’s policy framework, second-on infrastructure investments, third-reduction in economic losses from climate-related events and natural disasters.
    • Through this coalition, we can mitigate the fallouts of earthquakes, tsunami, floods.

    Conclusion:

    • No nation alone has the capacity, infrastructure, and human resources to address the massive challenges that the earth and mankind face, threatening our very existence. It is inevitable, therefore, that science, technology, and innovation should increasingly become an intrinsic diplomatic tool for India.

  • Solar Panel Dispute at WTO

    India & US at loggerheads on the Solar Panel dispute

    What is the origin of the dispute?

    In 2010, India launched its national solar programme, which aims at adding 1,00,000 MW of solar power capacity by 2022.

    So, govt. wanted to incentivise the production of solar energy within the country. Therefore, they agreed to enter into long-term power purchase agreements with solar power producers, providing the guarantee for the sale of the energy produced. Thereafter, it would sell such energy through distribution utilities to the ultimate consumer.

    Bone of Contention

    However, there was a clause that a solar power producer, to be eligible to participate under the programme, is required compulsorily to use certain domestically sourced inputs, namely solar cells and modules for certain types of solar projects. In other words, unless a solar power producer satisfies this domestic content requirement, the govt will not ‘guarantee’ the purchase of the energy produced.

    What is India’s argument?

    India principally relied on the ‘govt procurement’ justification, which permitted countries to deviate from their national treatment obligation provided that the measure was related to “the procurement by governmental agencies of products purchased for governmental purposes and not with a view to commercial resale or use in production of goods for commercial sale”.

    India also argued that the measure was justified under the general exceptions since it was necessary to secure compliance with its domestic and international law obligations relating to ecologically sustainable development and climate change.

    What is US’ argument?

    In 2013, the U.S. brought a complaint before the WTO arguing that the domestic content requirement imposed under India’s national solar programme is in violation of the global trading rules.

    It said that India has violated its “national treatment” obligation by unfavourably discriminating against imported solar cells and modules. In other words, India was discriminating between solar cells and modules (which were otherwise identical) on the basis of the national ‘origin’ of the cells and modules, a clear violation of its trade commitment.

    Us has argued that India can achieve its clean energy goals faster and more cost-effectively by allowing solar technologies to be imported from the US and other producers.

    What was the WTO judgment on the issue?

    WTO concluded that India had violated its national treatment obligation, by imposing a mandatory domestic content requirement. The panel found India violated global trade rules by imposing local content requirements for solar cells and solar modules.

    Agreement’s Violated: India violated its commitments under the global trading rules, specifically the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade Related Investment Measures (TRIMs).

    Explanation: The product being subject to the domestic content requirement was solar cells and modules, but the product that was ultimately procured or purchased by the govt was electricity. Therefore, the domestic content requirement was not an instance of “government procurement”.

    Room for Negotiation

    The verdict was delayed for over 2-3 months, so that India and US can reach an agreement. In this regard, changes were suggested by New Delhi to its solar power programme. India proposed that it would use the domestic content requirement measures for buying solar panels for its own consumption such as by the railways and defence and would not sell the power generated from such subsidized panels for commercial use. However, the US may have rejected India’s offer.

    Why is the ruling being criticized?

    Various environmentalists have criticized the ruling, as it undermines India’s efforts towards promoting the use of clean energy. It threatens the clean energy economy and undermined actions to tackle the climate crisis.

    What is the criticism to India’s stand?

    There appears to be no rational basis for how mandatory local content requirements contribute towards promoting the use of clean energy. If the objective is to produce more clean energy, then solar power producers should be free to choose energy-generation equipment on the basis of price and quality, irrespective of whether they are manufactured locally or not.

    It is also argued that by mandatorily requiring solar power producers to buy locally, the govt is imposing an additional cost for the production of clean energy, which will be ultimately passed on to the ultimate consumer.

    What is alternative in India’s hand?

    Though, the WTO decision may impact the ‘Make in India’ campaign. But, the govt. can give preferential treatment to clean energies in the form of tax rebates for solar power producers, tax breaks, ensuring a strong line of long term credit at low rates, collaborating with global leaders to enhance domestic research and development.

    Future

    The reports indicate that India will prefer an appeal to the appellate body. Simultaneously, India may be exploring the option of filing a counter complaint against the US, as many of its state’s such as Michigan, Texas and California having also reportedly been accused of employing mandatory local content requirements in the renewable energies sector.

    Experts argue that govt should work towards building a business and regulatory environment, which is conducive to manufacturing. The need is for systemic changes in the form of simpler, transparent and consistent laws and effective dispute resolution mechanisms.

    Published with inputs from Pushpendra