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  • Cashless Society – Digital Payments, Demonetization, etc.

    Sovereign green bond (SGB)

    | Economics | Mains Paper 3: Indian Economy

    Context

    The other two major budget announcements pertain to the issuance of sovereign green bonds and a central bank digital currency. While geopolitical turbulence might make the current moment inopportune for experimentation, the government seems firm on both the proposals and they will most probably be rolled out.

    Sovereign green bond (SGB):  how it is different from a traditional bond

    • The sovereign green bond is a novel idea.
    •  It will be a part of the government’s borrowing programme.
    • The gross borrowing programme of the government is pegged at Rs 14.95 lakh crore.
    • The SGB (sovereign green bond) raised will be part of the aggregate borrowing programme and has to be used for projects which are ESG (environment, social and governance) compliant.
    • Hence, if the bond is being used to finance a power project or road, or in case it is used to finance revenue expenditure, it has to be ESG compliant.
    • If they succeed at the central level, green bonds can be replicated by states.

    Challenges for SGB

    • Pricing challenge: As these bonds are different from G-secs (government securities), they may have to provide a better return as all ESG compliant companies have to make special investments that will push up costs.
    • Low-interest rate: Further, given the low-interest rates prevailing today — real returns on deposits are negative — the SGBs can be issued as tax-free bonds, open to the public.
    • This will evince a lot of interest given that these are government-issued bonds.
    • The RBI and the government have been trying to get retail investors to participate in the government’s borrowing programme, and this move will expedite the process.

    Central bank digital currency (CBDC) and challenges

    •  For launching such a currency, the RBI has to address certain fundamental questions.
    • 1] Will it replace currency: Is a CBDC going to replace currency at some point in the future?
    • One must remember that there are several sections in India that are not conversant with technology.
    • 2] How will it be different from digital payments: If it is going to coexist with currency, how different will it be for the public from the digital payments that are being made today?
    • Will people need to choose between a mobile wallet and a CBDC wallet?
    • 3] Security of owner’s information: any issuance of CBDC on a voluntary basis also raises a question on the security of the owner’s information.
    • CBDC has to be clear on the issue of confidentiality as it is bound to be a matter of concern.
    • 4] The future of the banking system: If people have to be incentivised to move voluntarily to the CBDC, the cash exchanged must earn interest or else all money will go to bank accounts where a minimal interest rate can be earned.
    • Will we require savings bank accounts with commercial banks in case all cash goes to the RBI?
    • Will we then require ATMs for cash withdrawal? Will bank tellers become redundant? Will we need logistics companies that handle cash?
    • These finer issues need to be addressed by the RBI as the widespread use of CBDC will progressively lead to lesser need for banks.
    • 5] Issue of security: Any financial system that runs on technology can be hacked.
    • It has to be foolproof and power failure resistant.
    • There is a real danger of cyber fraud increasing as the majority of the population is not tech-savvy.
    • Similarly, there is always downtime for bank servers when banking transactions cannot be carried on.
    • This cannot be allowed to be the case with CBDC as it has to be available on a 24 x 7 basis.

    Consider the question “What are green bonds? How the green bonds can act as a tool to achieve the targets of sustainable development as a means of finance?”

    Conclusion

    The arguments for CBDC are compelling on the grounds of keeping up with the central banks of other countries, and the possibilities of taking advantage of new technologies like blockchain. But before embarking on these measures, it might be useful to keep in mind the issues flagged above.

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    Exports in India

    | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    India’s annual goods exports crossed the $400-billion mark for the first time ever.

    The achievement of $400 billion in merchandise exports represents a growth of over 21 per cent from $330 billion achieved in FY2019 prior to the Covid-19 pandemic.

    Do you know?

    China’s total exports stood at $3.3 trillion ($3300 Billions) in 2021! Almost eight times of what we are celebrating!

    How did India achieve this?

    • The milestone was achieved due to increase in shipments of merchandise, including engineering products, apparel and garments, gems and jewellery and petroleum products.
    • The agriculture sector too had recorded its highest-ever export during 2021-22 with the help of export of rice, marine products, wheat, spices and sugar.

    Reasons behind the surge

    • One of the major reasons for jump in exports is rise in pent up demand, which had fallen as the Covid pandemic forced nations to remain under strict lockdown, thereby impacting global trade.
    • Beside, boost in domestic manufacturing due to production-liked incentive (PLI) schemes and implementation of some interim trade pacts have also led to surge in exports.
    • The Centre implemented a series of steps to promote exports of both goods and services and that includes the introduction of Refund of Duties and Taxes on Exported Products (RoDTEP) and Rebate of State and Central Levies and Taxes (RoSCTL) Schemes.

    External factors

    • One of the key factors driving the surge in exports is pent up demand that was not met during major waves of the Covid-19 pandemic.
    • Expansionary monetary policy by developed economies in response to the economic impact of the pandemic has also boosted demand for Indian exports.

    Where has been the increase in imports?

    • While exports have grown sharply, merchandise imports have grown even faster reaching $550 billion in the first 11 months of the fiscal.
    • It has seen sharp growth in imports of crude oil, coal, gold, electronics and chemicals.
    • Rising prices of commodities including crude oil and coal have played a significant role in adding to India’s import bill and taking the trade deficit for the first 11 months to a record high of $176 billion.

    Why exports are important?

    • Exports are one of the fundamental drivers of growth for any economy.
    • It can influence a country’s GDP, exchange rate, level of inflation as well as interest rates.
    • A robust export data is beneficial as it leads to increase in job opportunities, enhances foreign currency reserves, boosts manufacturing and also increases government’s revenue collection.
    • It is also a good means by which a country can bring itself out of the recession phase.
    • Besides, it also plays a key role in strengthening the domestic manufacturing units by scaling up their quality to make India made products compete and stand out against global peers.

     

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  • President’s Rule

    What is Article 355 of Indian Constitution?

    | Polity | Mains Paper 2: Federalism

    Considering the law and order situation in West Bengal, some politicians demanded the invoking of Article 355 to ensure the State is governed as per the provisions of the Constitution.

    What is Article 355?

    • It states that-

    “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.”

    Cases for its invocation

    • This article thus comes handy when there are communal violence incidents. Over the period, this article has gained a different texture.
    • We know that the “public order” and “police” are state subject and states have exclusive power to legislate on these matters.
    • These subjects were entrusted to states because states would be in better position to handle any law and order problem.
    • Management of Police by states was also seen as administratively convenient and efficient.
    • However, there might be some circumstances where states are unable to maintain public order and protect people.
    • In such situation, centre can invoke article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc.

     

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  • Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

    Mid day Meal Scheme

    | Governance | Mains Paper 2: Health & Education

    A parliamentarian has recently asked the government to re-start the mid-day meals in reopening schools and to ensure that the meals provided are cooked and nutritious.

    What is the Mid-Day Meal Scheme?

    • The Midday Meal Scheme is a school meal program designed to better the nutritional standing of school-age children nationwide.
    • It was launched in the year 1995.
    • It supplies free lunches on working days for children in primary and upper primary classes in:
    1. Government, government aided, local body schools
    2. Education Guarantee Scheme, and alternate innovative education centres,
    3. Madarsa and Maqtabs supported under Sarva Shiksha Abhiyan, and
    4. National Child Labour Project schools run by the ministry of labour
    • The Scheme has a legal backing under the National Food Security Act, 2013.

    Objective: To enhance the enrolment, retention and attendance and simultaneously improve nutritional levels among school going children studying in Classes I to VIII

    History of the scheme

    • In 1925, a Mid Day Meal Programme was introduced for disadvantaged children in Madras Municipal Corporation.
    • By the mid-1980s three States viz. Gujarat, Kerala and Tamil Nadu and the UT of Pondicherry had universalized a same scheme with their own resources for children studying at the primary stage.
    • In 2001, the Supreme Court asked all state governments to begin this programme in their schools within 6 months.

    Features: Calorie approach

    • Primary (1-5) and upper primary (6-8) schoolchildren are currently entitled to 100 grams and 150 grams of food grains per working day each.
    • It also include adequate quantities of micronutrients like iron, folic acid, Vitamin-A, etc.
    • The calorific value of a mid-day meal at various stages has been fixed at a minimum:
    Calories Intake Primary Upper Primary
    Energy 450 calories 700 calories
    Protein 12 grams 20 grams

     

    Why in news?

    • The flagship report of The State of Food Security and Nutrition in the World 2020 estimated that as of April 2020 369 million children globally were losing out on school meals, a bulk of whom were in India.
    • As many as 116 million children — actually, 116 million hungry children — is the number of children impacted due to indefinite school closure during the pandemic.

    Why discuss it now?

    • The recent Global Hunger Index (GHI) report for 2020 ranks India at 94 out of 107 countries and in the category ‘serious’, behind our neighbours Pakistan, Bangladesh and Nepal.
    • The index is a combination of indicators of undernutrition in the population and wasting (low weight for height), stunting (low height for age), and mortality in children below five years of age.

    What measures were resorted to counter this?

    • In March and April 2020 the GoI had announced that the usual hot-cooked mid-day meal or an equivalent food security allowance/dry ration would be provided to all eligible school-going children even during vacation.
    • Nearly three months into this decision, States were still struggling to implement this.

    What lies ahead?

    • Across the country and the world, innovative learning methods are being adopted to ensure children’s education outcomes.
    • The GHI report calls for effective delivery of social protection programmes.
    • With continuing uncertainty regarding the reopening of schools, innovation is similarly required to ensure that not just food, but nutrition is delivered regularly to millions of children.
    • For many of them, that one hot-cooked meal was probably the best meal of the day.

     

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  • International Space Agencies – Missions and Discoveries

    What is NASA’s Artemis I Mission?

    Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    On March 17, the National Aeronautics and Space Administration (NASA) rolled out its Artemis I moon mission to the launchpad for testing at the Kennedy Space Centre in Florida, United States.

    What is the Artemis I Mission?

    • NASA’s Artemis mission is touted as the next generation of lunar exploration, and is named after the twin sister of Apollo from Greek mythology.
    • Artemis is also the goddess of the moon.
    • Artemis I is the first of NASA’s deep space exploration systems.
    • It is an uncrewed space mission where the spacecraft will launch on SLS — the most powerful rocket in the world — and travel 2,80,000 miles from the earth for over four to six weeks during the course of the mission.
    • The Orion spacecraft is going to remain in space without docking to a space station, longer than any ship for astronauts has ever done before.
    • The SLS rocket has been designed for space missions beyond the low-earth orbit and can carry crew or cargo to the moon and beyond.

    Key objectives of the mission

    • With the Artemis Mission, NASA aims to land humans on the moon by 2024, and it also plans to land the first woman and first person of colour on the moon.
    • With this mission, NASA aims to contribute to scientific discovery and economic benefits and inspire a new generation of explorers.
    • NASA will establish an Artemis Base Camp on the surface and a gateway in the lunar orbit to aid exploration by robots and astronauts.
    • The gateway is a critical component of NASA’s sustainable lunar operations and will serve as a multi-purpose outpost orbiting the moon.

    Other agencies involved

    • Other space agencies are also involved in the Artemis programme.
    • The Canadian Space Agency has committed to providing advanced robotics for the gateway.
    • The European Space Agency will provide the International Habitat and the ESPRIT module, which will deliver additional communications capabilities among other things.
    • The Japan Aerospace Exploration Agency plans to contribute habitation components and logistics resupply.

    What is the mission trajectory?

    • SLS and Orion under Artemis I will be launched from the Kennedy Space Centre in Florida, U.S. in the summer of 2022.
    • The spacecraft will deploy the interim cryogenic propulsion stage (ICPS), a liquid oxygen/liquid hydrogen-based propulsion system that will give Orion the thrust needed to leave the earth’s orbit and travel towards the moon.
    • On its way to the moon, Orion will be propelled by a service module provided by the European Space Agency (ESA).
    • The spacecraft will communicate with the control centre back on Earth through the deep-space network.
    • It will fly around 100 km above the surface of the moon and use its gravitational pull to propel Orion into an opposite deep orbit around 70,000 km from the moon, where it will stay for approximately six days.

    What are the future missions in the Artemis programme?

    • The second flight under the programme will have crew on board and will test Orion’s critical systems with humans onboard.
    • Eventually, the learnings from the Artemis programme will be utilised to send the first astronauts to Mars.
    • NASA plans on using the lunar orbit to gain the necessary experience to extend human exploration of space farther into the solar system.

     

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  • Nobel and other Prizes

    Abel Prize awarded to American Mathematician

    Prelims Only | Trivia | Mains Paper 3: Awareness in various sc and tech fields

    The Norwegian Academy of Science and Letters has awarded the Abel prize for the year 2022 to American Mathematician Dennis Parnell Sullivan, for his contributions to topology in its broadest sense, and in particular its algebraic, geometric and dynamical aspects.

    Abel Prize

    • The Abel Prize is a prize awarded annually by the King of Norway to one or more outstanding mathematicians.
    • It is named after Norwegian mathematician Niels Henrik Abel (1802–1829) and directly modeled after the Nobel Prizes.
    • It comes with a monetary award of 7.5 million Norwegian kroner (NOK) (increased from 6 million NOK in 2019).
    • Its establishment was proposed by the Norwegian mathematician Sophus Lie when he learned that Alfred Nobel’s plans for annual prizes would not include a prize in mathematics.
    • The laureates are selected by the Abel Committee, the members of which are appointed by the Norwegian Academy of Science and Letters.

    Has any Indian won this prestigious prize?

    • R. Srinivasa Varadhan, an Indian-American citizen won the Abel Prize in the year 2007 for his valuable contribution in “probability theory and in particular for creating a unified theory of large deviation”.

     

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Indian Legislative Service

    | Polity | Mains Paper 2: Parliament & State Legislatures

    Context

    The appointment of Dr. P.P.K. Ramacharyulu as the Secretary-General of the Upper House by M. Venkaiah Naidu, Chairman of the Rajya Sabha, on September 1, 2021, was news that drew much attention. Ramacharyulu was the first-ever Rajya Sabha secretariat staff who rose to become the Secretary-General of the Upper House.

    Responsibilities and role of Secretaries-General of both the Houses

    • Secretaries-General of both the Houses are mandated with many parliamentary and administrative responsibilities.
    • Privileges: The Secretary-General also enjoys certain privileges such as freedom from arrest, immunity from criminal proceedings, and any obstruction and breach of their rights would amount to contempt of the House.

    Principle of secretariate independent of executive government

    • Article 98 of the Constitution provides the scope of separate secretariats for the two Houses of Parliament.
    • The principle, hence, laid in the Article is that the secretariats should be independent of the executive government. 

    Issues with appointing civil servant

    • A separate secretariat marks a feature of a functioning parliamentary democracy.
    • Against the principle of independence: Serving civil servants or those who are retired come with long-held baggage and the clout of their past career.
    • When civil servants are hired to the post of Secretary-General, this not only dishonours the purpose of ensuring the independence of the Secretariat but also leads to a conflict of interests.
    • Against the principle of separation of power: It breaches the principle of separation of power.
    • The officials mandated with exercising one area of power may not expect to exercise the others.
    • Lack of expertise: One of the prerequisites that demand the post of the Secretary-General is unfailing knowledge and vast experience of parliamentary procedures, practices and precedents.
    • Most of the civil servants lack precisely this aspect of expertise.

    Way forward: All-India service

    • There are thousands of legislative bodies in India, ranging from the panchayat, block panchayat, zila parishad, municipal corporations to State legislatures and Union Parliament at the national level.
    • Despite these mammoth law-making bodies, they lack their own common public recruiting and training agency at the national level.
    • Ensuring competent and robust legislative institutions demands having qualified and well-trained staff in place.
    • The growth of modern government and expansion of governmental activities require a matching development and laborious legislative exercise.
    • Creating a common all-India service cadre — an Indian Legislative Service — is a must.
    • The Rajya Sabha can, under Article 312, pass a resolution to this effect.
    • In the United Kingdom, the Clerk of the House of Commons has always been appointed from the legislative staff pool created to serve Parliament.
    • It is high time that India adapts and adopts such democratic institutional practices.

    Conclusion

    A common service can build a combined and experienced legislative staff cadre, enabling them to serve from across local bodies to Union Parliament.

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  • Intellectual Property Rights in India

    A blow to equitable access to essential medicines

    | Economics | Mains Paper 3: Intellectual Property Rights

    Context

    At the height of the COVID-19 pandemic in October 2020, India and South Africa had tabled a proposal seeking a temporary waiver on COVID-19 related products from the TRIPS. Nearly 18 months later, 164 members of the WTO could not find common ground on the “waiver proposal”.

    How will the waiver help?

    •  The application and enforcement of intellectual property rights (IPRs) are affecting the timely provisioning of affordable medical products to patients.
    • Therefore, India and South Africa argued that therefore, argued that “rapid scaling up of manufacturing globally” was “an obvious crucial solution to address the timely availability and affordability of medical products to all countries in need”, and for doing so, IPRs must be waived for at least three years. 

    The EU solution

    • The EU had proposed in a submission in June 2021 that “[c]ompulsory licences are a perfectly legitimate tool that governments may wish to use in the context of a pandemic”.
    • India and South Africa, the movers of the “waiver proposal”, are among the four countries that found a “compromise outcome”.
    • Only vaccines are included: The solution is a severely truncated version of the “waiver proposal” in terms of product coverage, as only vaccines are included.
    • Generally, patent laws, including that of India’s, allow for the grant of compulsory licences if patent holders charge high prices on the proprietary medicines in exercise of their monopoly rights.
    • Moreover, such licences can usually be granted if efforts in obtaining voluntary licences from the patent holders have failed.
    • The EU proposal states there that in case of a medical urgency, as is the case now, this condition will be waived.
    • The proposal also provides that WTO members would be able to issue compulsory licences even if they do not currently have the provisions to issue them under their national patent laws.
    • Compulsory licences can even be granted using executive orders, emergency decrees, and judicial or administrative orders.

    Issues with the EU solution

    1] Eligible member criteria

    •  The waiver solution can be used only by an “eligible member”, defined as a “developing country member” of the WTO that “had exported less than 10 percent of world exports of COVID-19 vaccine doses in 2021”.
    •  This means that Bangladesh, which is still a least developed country, but has a growing pharmaceutical industry, is also excluded.
    • Restricting China: The eligibility condition seems to have been introduced to limit China’s expansion in the global vaccine market.
    • No concern for India: At the current juncture, India does not have to be concerned with the export restriction clause, as its share in global exports of vaccines was 2.4% as on January 31.

    2] Export restrictions in the form of eligibility criteria

    • While introducing the above-mentioned export restriction, the solution proposes to waive the obligation under Article 31(f) of the TRIPS Agreement.
    • Article 31(f) provides that the compulsory licences issued by any WTO member must be used “predominantly for the supply of the domestic market”.
    • But while they have proposed removal of Article 31(f), solution includes a more stringent export restriction in the form of the eligibility criteria mentioned above.

    3] Further conditions

    • The proposed condition of listing all patents covered under the compulsory licences is not a requirement under the TRIPS Agreement.
    • Similarly, there is no obligation to notify the details of licensee, the quantity and export destination under the TRIPS provisions.
    • But the EU proposal text proposes mandatory notification.

    4] Transfer of know-how is not ensured

    • According to the EU, when compulsory licences are granted, the “patent holder receives adequate remuneration”, but “[t]ransfer of know-how is not ensured”.
    • This demerit of compulsory licences would make it difficult to scale up production of COVID-19 vaccines, medicines, and medical devices in the developing world, thus constraining their availability at affordable prices.

    Conclusion

    It must be said that by accepting the “compromise outcome”, India and South Africa could jeopardise their high moral ground.  Consequently, the global community would lose an important opportunity to ensure that vaccines and medicines are accessible to all.

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    Make trade deals for Make in India

    | Economics | Mains Paper 3: Indian Economy

    Context

    It will be a good idea to look at the intent, reality, and other ramifications of India’s trade agreements, especially in regard to goods.

    Why PTAs matters

    • Amongst the existing Preferential Trade Agreements (PTAs), the most commonly used by exporters and importers, are the agreements with the ASEAN region, South Korea, Japan, and South Asian countries.
    • It is noteworthy that India has significant trade deficits with three of the aforementioned regions.
    • Another factor to note is that three of these regions have significant manufacturing capacity and investment in their own territories.
    • Thus, India’s ongoing initiatives in trade agreements must consider whether such deals strengthen imports into India or incentivize investment.
    • This is all the more important as the Centre has laid out schemes like Phased Manufacturing Programs (PMPs) and Production Linked Incentives (PLIs) to encourage investment in Make in India.

    How existing trade agreements affect Phased Manufacturing Programs(PMP)

    • How does it work? Under the PMP, calibrated reductions in customs duty rates on inputs and intermediate goods have been provided along with higher duty rates on finished products.
    • However, considering that many of the finished products are covered by zero duty rates under existing trade agreements with some regions or countries, manufacturers with existing facilities in such countries may not have a compelling reason to move manufacturing to India.
    • Similar benefits exist under other agreements and may inhibit the uptake of the PMPs by multinational manufacturing entities.

    Production Linked Incentives and trade agreements

    • Under PLIs, based on a threshold level of capital investment and incremental production, subsidies are to be given to approved applicants.
    • Such schemes cover 15 product categories as of now.
    • In some cases, the attraction of incentives could score over the benefits of importing goods under low or nil rates of duty under PTAs.

    Suggestions:

    • The PLIs could become even more attractive if it is combined with certain pre-existing special governmental schemes that reduce costs and conserve cash flow.
    • While the application window for most of the PLI schemes has closed, a few may be extended and depending on the success of current schemes, more could follow.
    • Improving trade governance: PTAs are governed by written agreements between nation states or groups of nation states and domestic laws of the signatories.
    • Contrary to a violation of a multilateral or plurilateral agreement entered into under the aegis of the WTO, enforcement mechanisms external to the parties, do not exist for PTAs.
    • The committed benefits could be allowed or disallowed by customs rules (for example the CAROTAR in India) and customs officials, conditional upon certifications and validations.
    • Mechanisms exist in the FTAs themselves to solve such matters, but in a situation where entities of different sizes and economic power attempt to resolve such issues, the resolutions may not be acceptable to all parties.
    • Better governance mechanisms are needed.

    Conclusion

    It is expected that a holistic view, keeping in mind the government’s schemes on investment and trade governance, would inform future negotiations as well as a review of existing trade agreements of India.

    Source:

    https://www.financialexpress.com/opinion/make-trade-deals-for-make-in-india/2457320/

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    Back2Basics: CAROTAR 2020

    • CAROTAR 2020 (“Rules”) aims to add to the existing operational certification procedures which are prescribed under different trade agreements such as Free Trade Agreements (FTAs), Preferential Trade Agreement, Comprehensive Economic Cooperation Agreement and Comprehensive Economic Partnership Agreement.
    • The Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR, 2020), was notified on 21st August 2020 by the Central Board of Indirect Taxes and Customs.

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  • Russian Invasion of Ukraine: Global Implications

    Why ICJ order on Ukraine matters

    | International Relations | : Bilateral, Regional and Global Groupings and agreements involving India,Effect Of Policies & Politics Of World On India’S Interests

    Context

    The International Court of Justice (ICJ) has ordered Russia to immediately suspend its military operations in Ukraine. In short, to end the war instantly.

    Breach of the Genocide Convention

    • Ukraine moved the ICJ against Russia accusing it of falsely claiming that Ukrainians are committing genocide in their territory and using this untruthful premise to start an illegal war.
    • This, Ukraine believes, breaches its rights under the Genocide Convention — a treaty that is binding to both Russia and Ukraine.
    • This decision was rendered by the ICJ in response to Ukraine’s application for indication of provisional measures under Article 41 of the ICJ Statute.
    • Provisional measures under the ICJ Statute are the international equivalent of an interim injunction that can be provided by the court to preserve the rights of the parties pending a final decision on the merits of the case.

    Three reasons cited by the ICJ

    1] ICJ’s jurisdiction in the case

    • Since 2014, Russia has been repeatedly accusing Ukraine of committing genocide in the Donetsk and Luhansk regions.
    •  Just before the military invasion, Russian President Vladimir Putin mentioned ending the genocide in Ukraine as the reason to use force.
    • Ukraine vehemently rejects this charge.
    • Prima facie, this shows the existence of a “dispute” under Article IX of the Genocide Convention — the compromissory clause that bestows jurisdiction on the ICJ.
    • Self-defence under Article 51 of the UN Charter: Russia contended that its formal basis for use of force against Ukraine was its right to self-defence under Article 51 of the UN Charter (a patently illegal argument, but this issue is not before the ICJ).
    • The court held that it had prima facie jurisdiction in the case because the subject matter fell under the Genocide Convention.

    2] Preservation of rights claimed by the parties

    • Ukraine argues that it has a right under the Genocide Convention not to be falsely accused of genocide and rely on this wrong pretext to use force against its territorial integrity.
    • The ICJ held that the objective of indicating provisional measures is the preservation of the rights claimed by the parties, pending the decision on merits.
    • Since the current proceedings were only for provisional measures, the ICJ did not decide definitively whether Ukraine has such a right under the Genocide Convention.
    • Nonetheless, the ICJ found Ukraine’s right plausible, which is adequate for the current purposes.
    • While the court did not decide on whether Russia has breached the Genocide Convention, as this is a question of merits, it did express doubt over whether a country can unilaterally use force against another country for punishing or preventing an alleged act of genocide.

    3] Risk of irreparable harm to Ukraine’s rights

    • The ICJ held that if it does not indicate provisional measures, that is, order cessation of military action, there is a real and imminent risk of irreparable harm to Ukraine’s rights.
    • This is because of the magnitude of destruction that the ongoing war has caused.

    Significance of the order

    • ICJ’s decision is binding on Russia and constitutes part of its international legal obligations.
    • However, the remedy for not complying with ICJ rulings lies with the UN Security Council, which has Russia as a permanent member.
    • But just because authoritarian populist leaders like Vladimir Putin don’t care for international law does not diminish its significance.

    Conclusion

    The weight of global opinion against Russia on its egregious abuse of international law is mounting with each passing day. Russia can keep ignoring this only at grave peril to itself.

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