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Subject: Global Groupings and Conventions

Important International institutions, agencies and fora- their structure, mandate.

  • [op-ed snap] Acting in concert

    Context

    The EU-India Strategic Partnership has come a long way in recent years. The relationship is based on long-standing shared values and interests. There are numerous opportunities to unleash the full potential of EU-India cooperation.

    India-EU Cooperation on Climate Change

    • The EU has committed to becoming carbon neutral by 2050.
    • But EU member states together only account for 9 per cent of global emissions.
    • Need to engage with the rest of the world:  EU-India cannot solve this problem unless they engage with the rest of the world to address it.
      • India’s commitment, as one of the biggest democracies in the world, is a key part of the solution.
      • The mixed outcome of the COP25 Climate Conference shows how much more remains to be done.
      • Clean Energy and Climate Partnership (CECP): In 2016 Prime Minister Narendra Modi and European leaders agreed on an EU-India Clean Energy and Climate Partnership (CECP).
      • EU and International Solar Alliance: In 2018, the EU joined efforts with the International Solar Alliance, headquartered in India.

    Cooperation in trade

    • Both are the members of WTO: India and EU both agree on the vital role of the World Trade Organisation (WTO) and the need to overcome the crisis of the dispute settlement system.
      • Ministerial dialogue: The launch of a regular ministerial dialogue on economic, trade and investment issues could give additional impetus to the relations.

    Cooperation on security

    • Indian Navy vessels are now escorting World Food Programme ships in the framework of the EU Atlanta operation against piracy off the coast of Somalia.
    • Cooperation on anti-terrorism: Counter-terrorism experts from Europe and India exchange experiences and best practices.
      • As a result, an enhanced working relationship between our police officers is taking shape.

    Digital economy and cyber

    • Need to deepen cooperation: EU and India should deepen cooperation to protect fundamental freedoms in cyberspace and the free flow of data – and counter the drift towards high-tech “de-coupling”.
    • India-EU does not want a split in cyberspace, forcing both to “choose sides” between competing systems and standards.
    • India and EU both believe in fair competition, based on global standards, for 5G, AI, big data and the internet of things.

    Conclusion

    There is much that the EU and India have accomplished in recent years. But there is even more to be done to further strengthen our dynamic dialogue and cooperation in all areas of mutual interest and as players on the world stage.

     

     

  • [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.
  • Raisina Dialogue 2020

     

    India`s annual global conference on geopolitics and geo-economics, Raisina Dialogue 2020 has began with the participation of over 100 countries.

    Raisina Dialogue

    • The Raisina Dialogue is a multilateral conference committed to addressing the most challenging issues facing the global community.
    • It is jointly organised by the Ministry of External Affairs and the Observer Research Foundation.
    • Every year, global leaders in policy, business, media and civil society are hosted in New Delhi to discuss cooperation on a wide range of pertinent international policy matters.
    • The Dialogue is structured as a multi-stakeholder, cross-sectoral discussion, involving heads of state, cabinet ministers and local government officials, as well as major private sector executives, members of the media and academics.

    This years’ agenda

    • The fifth edition of the Dialogue 2020 has been India`s contribution to global efforts to discover solutions, identify opportunities and provide stability to a century that has witnessed an eventful two decades.
    • This year`s Dialogue titled `Navigating the Alpha Century` is structured as a multi-stakeholder, cross-sectoral discussion, involving heads of states, cabinet ministers and local government officials as well as major private sector executives, members of the media and academics.

    Significance of the dialogue

    • The Raisina Dialogue has acquired an enviable global profile uniting the best strategic thinkers of the world.
    • The synergies and collaborations in the Raisina Dialogue represent India`s deliberative ethos, as well as its international credibility and convening power.
    • The Dialogue has grown along with India`s diplomatic profile and will set the tone for its intensive diplomatic engagement this year.
  • [pib] Mutual Legal Assistance

    In furtherance to India’s policy of zero tolerance for crime and in an endeavor to fast track the dispensation of justice, the Ministry of Home Affairs (MHA) has issued Revised Guidelines for Mutual Legal Assistance in Criminal Matters.

    Mutual Legal Assistance guidelines

    • They aim to enhance and streamline the process of international mutual legal assistance in criminal matters.
    • By incorporating various legal and technological developments in the recent years, it aims to make the documentation in this regard more precise and focused as well as compliant with International requirements.
    • The guidelines have also taken into account the concerns raised by various courts for prompt and timely responses in service of documents on persons residing abroad.
    • As an initiative, the revised guidelines have provision for service of documents on authorities of foreign country preferably within 10 days of receipt of request in respect of offences committed against women and children.

    Why need Mutual Legal Assistance?

    • The transnational nature of crime and digital explosion has blurred geographical boundaries for criminal activities.
    • Availability of evidence and criminals outside the sovereign jurisdiction of countries has necessitated the transformation of scope and nature of conventional investigation.

    MLA treaties

    • India has entered into Mutual Legal Assistance Treaties/ Agreements with 42 countries and is signatory to various international conventions i.e. UNCAC, UNTOC etc.
    • The Ministry of Home Affairs (MHA) is the designated ‘Central Authority’ for India. Generally, assistance is sought and received in the form of Mutual Legal Assistance Requests/Letters.
  • [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
  • Trans Pacific Partnership: Latest updates and developments


     

    What is the TPP?

    Trans-Pacific Partnership (TPP) is a trade agreement between several Pacific Rim countries concerning a variety of matters of economic policy.

    The aims of the TPP include the lowering of barriers to trade in goods and services, reducing tariffs to zero by 2015. In addition, the TPP hopes to promote investment and job creation in member states.

     

    How does it come into reality?

    TPP initially called the Trans-Pacific Strategic Economic Partnership Agreement, the pact began as a 2005 trade agreement between Brunei, Chile, New Zealand and Singapore in an effort to integrate their economies, drive growth and create unified regulations.

    In 2008, during the Bush administration, the U.S. joined talks to expand the agreement, along with Australia, Peru and Vietnam. The U.S. trade representative under Obama, Ron Kirk, declared the American interest in forging a broad-based regional pact.

    Then, in 2010, under the new name the Trans-Pacific Partnership, Malaysia entered the discussions, followed by Canada and Mexico in 2012.

    By 2013, Japan began participating in the talks. South Korea and Taiwan have subsequently announced their interest but not formal participation.

    Though all of the negotiating parties belong to the Asia-Pacific Economic Cooperation forum (APEC), the TPP is a separate initiative but with similar goals as APEC’s proposed Free Trade Area of the Asia Pacific.


     


     

    Why the Trans-Pacific Partnership Matters?

    The Pacific accord would phase out thousands of import tariffs as well as other barriers to international trade, like Japanese regulations that keep out some American-made autos and trucks.

    It also would establish uniform rules on corporations’ intellectual property, and open the Internet even in communist Vietnam.

    It eventually would end more than 18,000 tariffs that the participating countries have placed on American exports, including autos, machinery, information technology and consumer goods, chemicals and agricultural products as varied as avocados in California and wheat, pork and beef from the Plains states.

    The trade ministers who negotiated it predicted the overall economic and political heft of the 12-nation group would turn the accord into a model for future trade agreements.

    It would overhaul the system for settling disputes between nations and foreign companies, while barring tobacco companies from using that process to block countries’ antismoking initiatives.

    It also would enforce higher standards for labor conditions and environmental protection, including wildlife-trafficking.

    How will it benefits to USA ?

    Expanding the orbit of U.S. free trade is a major foreign policy goal of the Obama administration, and as a part of its desired international “pivot” toward Asia, it hopes to increase its economic presence in the region.

    Supporters of the partnership say by lowering barriers to trade and increasing avenues for economic globalization, the enlarged $2 trillion zone of diminished tariffs would stimulate employment in U.S. and provide an incentive to invest abroad.

    Agreement hopes to show China that the U.S. will remain a committed economic partner for the nations of the Pacific Rim, without excessively provoking Beijing.

    Who opposes the TPP?

    Opposition to the proposed agreement and to the perceived influence of multinational corporations in the process has been led by public health advocates, labor groups and environmentalists and politicians.

    Some U.S. legislators have voiced concerns that the TPP requirements would prevent access to medicine in developing countries, due to excessive patent protection. Doctors Without Borders argues against “dangerous provisions that would dismantle public health safeguards enshrined in international law.”

    Many activists also focused criticisms on the intellectual property section of the proposed partnership, which, according to WikiLeaks, could have “wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents.”

    As a trade agreement, the TPP would require House and Senate majorities and then the president’s signature. Domestic American opposition has concentrated their skepticism not just on how “free” the agreement would be but also on problems with the “fast track” congressional voting procedure.

    Japanese producers in the anime and manga industry say the TPP could damage their business by allowing companies to halt imports of intellectual property, in order to protect local distributors of licensed merchandise.

    Rice farmers, as well as beef, poultry and pork producers, have mounted firm resistance to the pact, which would dramatically decrease import tariffs.

    Geopolitically, China is concerned that the partnership is designed to exclude its economic activities, while some American officials have expressed doubts whether the market-oriented pact would ever be compatible with Beijing’s command economy.

    In Europe, analysts view the TPP as a trade regime that could set a precedent for the nascent Transatlantic Trade and Investment Partnership (TTIP).


     

    Published with inputs from Arun
  • WTO Nairobi meet: Updates on the 10th Ministerial Conference

    WTO Nairobi Ministerial Meeting – What’s at stake for India?

    Recently, the WTO Trade Ministers concluded their talks without any commitment on rich countries being asked to check their domestic subsidies. The negotiations exceeded by one day due to lack of consensus among the developed and developing world.


     

    India and other developing countries were particular about the re-affirmation to conclude the 14-year old Doha Round. < Let's begin with the basics of WTO negotiations>

    What is Doha Development Round?

    It is the latest round of trade negotiations among the WTO members, which started in 2001, to sign a pact to open up world trade by lowering or eliminating trade barriers.

    The focus is on helping developing countries join the global marketplace, and boost their economies as a result.

    The Doha Round is also known as the Doha Development Agenda.

    What are they negotiating?

    The goal of any trade talks is to make it easier for goods and services to be bought and sold across national borders.

    The negotiations includes:

    • Restricting countries’ use of subsidies for farmers and fishermen.
    • Lowering taxes and regulatory barriers that affect the cross-border trade in services, such as banking and consulting.
    • Negotiating new intellectual property rules on things such as drugs and copyrighted works.

    Why developing countries are pressing for conclusion of Doha round?

    Basically, the benefits for developing countries depends on the the kind of agreement the negotiators come up with.

    However, the developing countries are hoping that stronger restrictions on farm subsidies in developed countries would be good for farmers in the developing world.

    What was the outcome of 2013 Bali Ministerial Meeting?

    • Protection of the interests of poor farmers and food security.< This is what India wants to be honoured and implemented>
    • Exporters from Least developing countries(LDCs), will get duty free, quota free access to markets in foreign countries
    • Trade facilitation agreement, to ease the customs clearance.

    What is Special Safeguard Mechanism and its need for poor & developing countries?

    Basically, SSM will allow developing countries to temporarily increase the import duties on farm products, so as to counter the sudden increase in imports and price falls.< Actually, the developed countries have well-developed and mechanised agriculture along with that, huge subsidies are extended to farmers in these countries>

    This mechanism would empower the developing countries to impose additional duties on agri-products, when their imports breach specified ceilings or price.

    What’s the problem here?
    The negotiations are on the extent to which different categories of developing countries will be allowed to hike duties using the SSM, beyond their tariff.

    What are the new issues that have emerged?

    1. Rich countries are diluting the development dimension. Some developing countries are attempting to categorise nations such as India and China as emerging economies, instead of developing. 
    2. The developed countries are also redefining the developmental aspects.
    3. Rich countries wanted to revitalise WTO by introducing new issues, often called emerging trade issues:
      • Labour and environmental standards
      • Global value chains and promotion of supply chains
      • e-Commerce
      • Competition & investment provisions
      • Environmental and sustainable goods produced using clean and green energy
      • Transparency in govt. procurement
      • Transparency in state-owned enterprises and designated monopolies

    < If these issues are included in the agreement, developing and poor countries feel that these standards or rules might become non-tariff barriers, hurting their exports>

    What is India’s stand on these issues?

    • India has made it clear that it will not undertake any binding commitments.
    • The issues of labour and environment should be taken at concerned international bodies such as ILO and UNFCCC, not at WTO.
    • India wants new issues should also include those with a development angle such as easier movement of natural persons, such as skilled professionals.

    < Developed countries are fearing large scale migration, on account of increase in skilled manpower in developing countries such as India. India is looking for such concessions so that it's skilled manpower can find access to developed countries market.>

    What was India’s demand at Nairobi Meeting?

    • India wants the rich countries to drastically reduce their trade distorting farm subsidies.
    • India wants on priority that a permanent solution to the issue of public food stock holding in developing countries for the purpose of food security.
    • India is also looking for effective implementation of a package for LDCs including duty-free and quota-free market access.

    What does draft declaration at Nairobi says?

    • A commitment to allow developing nations to use special safeguards to protect farmers against import surges.
    • It reflects India’s demand for a reaffirmation from all members to work towards a permanent solution on public stockholding.
    • All countries agreed to the elimination of agricultural export subsidies subject to preservation of Special and Differential Treatment for developing countries such as longer phase-out period for transporting and export subsidies for exporting agricultural products.
    • Developed countries have committed to remove export subsidies immediately, except for a few agricultural products, and developing countries will do so by 2018.
    • However, developing countries will keep the flexibility to cover marketing and transport subsidies for agriculture exports until the end of 2023.
    • The talks concluded without any commitment on rich countries to check their domestic subsidies.
    • There was division among the WTO members on the issue of the reaffirmation of the Doha mandate.
    • However, some of the WTO members excluding India agreed on the timetable to implement a major deal to get rid off tariffs on 201 IT products valued at over $1.3 trillion/annum, and accounting for around 10% of total global trade.

  • Foreign Policy Watch: India-SCO

    SCO & India

    As of July 2015, India has been accorded full membership of the Shanghai Cooperation Organisation (SCO) along with Pakistan at its Ufa summit held in Russia.

    • SCO is a Eurasian economic, political and military organisation
    • HQ: Beijing, China
    • Established: 2001 in Shanghai by the leaders 6 countries viz. China, Kyrgyzstan, Kazakhstan, Russia, Tajikistan, and Uzbekistan
    • Since 2005, India was having an Observer status of SCO and had applied for full membership in 2014. India would be finally ratified in the member list by 2016

    Connecting the dots with SCO

    Per Chinese and Russian scholars, creation of SCO helped address the security problems and enhance economic cooperation in the Central Asia region. The Western discourse, however, has tended to see the SCO as a mechanism to counter-balance the influence of the United States in the region. Both are correct!

    SCO is considered and tagged as anti-west. Behind the veils, it is alleged that SCO is going to be a NATO like military alliance in East. You might expect a question on that line and be asked to put India’s context in place.

    However, China exaggeratedly says that the SCO was founded on a principle of non-alignment and functions as an effective stabilizer for regional security and peace. China has always maintained that the focus of SCO is on combating the “three evil forces” – terrorism, separatism, and extremism – and other unconventional security menaces.

    Advantage India?

    There are multiple benefits for India as well as the SCO which is concerned with security and stability in the Eurasian space.

    1. India’s presence will help moderate the anti-West bias of the grouping, which will calm Washington’s nerves to a considerable extent
    2. Greater engagement with India will also aid the organisation’s capability to improve regional economic prosperity and security
    3. Membership will give India an opportunity to play an active role in China’s Silk Road initiative which plans to link a new set of routes from the north and east of the country to an old network of routes in the greater Eurasian region.
    4. Indian interest in International North-South Transport Corridor to connect Mumbai with Abbas port in Iran. This route is shorter than the existing Suez Canal and the Mediterranean Sea
    5. SCO may also serve as guarantor for projects such as the Turkmenistan-Afghanistan-Pakistan-India (TAPI) and Iran-Pakistan-India (IPI) pipelines, which are held by India due to security concerns.

    India’s entry is also likely to tip the balance of power in favor of peace and stability in Afghanistan.

    Challenges ahead for SCO?

    It is naive to expect that India’s differences with China regarding the border or its ties with Pakistan will magically disappear. The inclusion of Pakistan in the SCO will also make it difficult for India to enjoy a level playing field.

    Pakistan, which is embroiled in a domestic political crisis, may not be so willing to challenge hardliners in its country, and go along with India in promoting peace and stability in the Eurasian space. We have seen how Indo-Pak presence in SAARC makes it difficult to ink key pacts.

    The clash of interests in a post – 2014 Afghanistan makes prospects of cooperation difficult. There is also a possibility that China may collude with Pakistan to suffocate India’s voice in the decision making process.

    Other than that, India will have to balance the geopolitical ambitions of China and Russia to evolve a mutually beneficial framework.


    Further readings:

    SCO becomes a reasonably hot topic post India’s accession to the member status. If you are comfortable with IR, try these articles  –