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Subject: International Relations

  • At 75, NATO sees reasons to rejoice, facts suggest otherwise

    Why in the News? 

    NATO grandly commemorates its 75th anniversary on April 4, 2024.

    Present Concerns about NATO:

    • Changed Objective: NATO was established to defend its member states from aggression but has engaged in offensive military actions.
    • Cause of Military conflicts worldwide: Over the last seven decades, NATO has initiated or participated in more than 200 military conflicts worldwide, including major ones. Examples of NATO’s military interventions include the bombing of Yugoslavia, invasion of Iraq, disruption of statehood in Libya, military interference in Syria, and combating terrorism in Afghanistan.
    • Role in the creation of ISIS: Critics argue that instead of bringing peace and stability, NATO’s actions have led to damage, casualties, destruction, and alienation. There is a perception that the US, NATO’s leader, played a role in the creation of ISIS.
    • Provoking Russia-Ukraine War: Its expansion since 1991, despite assurances to the contrary, and its actions in Ukraine are seen as provocative moves against Russia. Russia has shown restraint in response to NATO’s actions, but NATO’s behavior remains unchanged.
    • Maintaining Western Hegemony: In stark contrast to its professed peaceful ideals, NATO engages in warfare or issues threats of attack against any state that rejects the established liberal “rules-based order.” for example invasion of Iraq and execution of Saddam Hussein
    • Increase presence in  Indo-Pacific: The US has been actively establishing smaller multilateral arrangements, like AUKUS, the US-Japan-South Korea trio, and the Tokyo-Seoul-Canberra-Wellington quartet, to involve them in practical collaboration with NATO.

    BACK2BASICS

    What is NATO?

    NATO, founded in 1949, is an intergovernmental military alliance initially aimed at collective defense against potential aggression, notably from the Soviet Union during the Cold War. However, its role has expanded over time to address various security challenges beyond its original purpose.

    Membership:

    • Starting Members: In starting only 12 founding members of NATO were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
    • Expansion: NATO has expanded since its founding, with new member countries joining in multiple rounds. The alliance currently consists of 32 member countries.

    Objectives:

    • Core mission: NATO’s core mission is collective defense, as articulated in Article 5 of the North Atlantic Treaty. This article specifies that an attack on any member nation will be regarded as an attack on all, triggering a collective response from the members.
    • Role in crisis management: Besides its core function of collective defense, NATO also participates in crisis management activities. These include conflict prevention, peacekeeping, and stabilization efforts in diverse regions globally.

     

    Conclusion: NATO, founded in 1949 for collective defense, faces criticisms for engaging in offensive actions, causing global conflicts, and perceived roles in creating ISIS and provoking tensions with Russia. It has expanded and diversified its roles beyond its original purpose.

    Mains Question for practice 

    Q Examine the key concerns raised about NATO’s actions and their implications for global security. 

  • [3 April 2024] The Hindu Op-ed: The Gaza war needs a smart exit strategy

    [3 April 2024] The Hindu Op-ed: The Gaza war needs a smart exit strategy

    PYQ Relevance:
    Mains: 
    Q) Too little cash, too much politics, leaves UNESCO fighting for life.’ Discuss the statement in the light of US withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’. (UPSC CSE 2019) 
    Q) How will the I2U2 (India, Israel, UAE, and USA) grouping transform India’s position in global politics? (UPSC CSE 2022)

    Note4Students: 

    Prelims: UNSC;

    Mains: UNSC; Recent Global challenges;

    Mentor comments: “History always repeats itself”. We all know that it is always easy to start a war but very difficult to decide when and how to call it off. If we see our Global past, the U.S. war in Afghanistan is a classical example. It was launched in October 2001 with the aim of ‘finishing off Al-Qaeda’, later it became a war that dragged on till the U.S. finally made a messy exit in August 2021. Secondly, think about the U.S. war in Iraq in 2003 is another example of a military offensive without a clearly defined exit strategy. The same history applies to the present context of the Middle East (Gaza Issue). Although the UNSC passed the Resolution, still the stand of major powers like the US remains questionable and it eventually leads the situation ‘back to square one’ in the context of Israel.

    Let’s learn. 

    —

    Why in the News?

    The Gaza Issue has become a more unwinnable conflict even after the UNSC resolution in March 2024.

    The Story behind the war concerning Israel and Hamas:

    • Israel had two major aims:
      • To Flatten Gaza: By eliminating Hamas, and getting back all its hostages. With the war well into its sixth month, it is important to review each of these aims. In short, Israel has flattened Gaza, in such a way that Gaza will be virtually uninhabitable (created a Buffer Zone) for years.
      • Destruction of Hamas: Israel has succeeded in eliminating only 30% of an estimated 30,000 Hamas fighters. Except for the exchange of a few hostages during a brief ‘humanitarian pause’ last November, Israel has not been able to rescue its hostages.
    • Hamas had two objectives:
      • Reminding Palestinian cause: To remind the world that while talks of normalization and reconciliation between Israel and the Arab world could go on; the cause for a Palestinian state could not be lost sight of.
      • Creating Support base: To expose to the world, and especially its support base, the false sense of the invincibility of the Israeli military and its intelligence services. For Hamas, it was not about winning the war militarily but making its voice heard.

    Major Challenges that are arising throughout the immediate region:

    • Neighboring countries in the region, Egypt and Qatar have been separately negotiating for an early ceasefire. Still, Israel had launched an attack on Gaza for the second time, again resulting in heavy civilian casualties.
    • Meanwhile, Hezbollah has also intensified its missile strikes, inflicting damage to key military assets and loss of lives.
    • Houthi rebels in the southern part continue to disrupt and block Israeli, U.S., and British ships in the Red Sea, causing heavy economic losses for Israel and its allies. 
    The passing of UNSC Resolution:

    On March 25, 2024, the United Nations Security Council (UNSC) adopted a resolution demanding an immediate ceasefire in Gaza calling for the immediate and unconditional release of all hostages.

    Previously, all four resolutions in the UNSC had failed due to veto, thrice exercised by the US. Although the US has historically protected Israel from censure, this time it abstained from voting. The resolution this time drew mixed reactions.

    Israel was the first to react, as it canceled the visit of its ministerial delegation to the US. Under Israeli pressure, the U.S. came out with a statement that the UN Resolution is ‘non-binding’ and that Israel can continue what it is doing in Gaza, making a mockery of the whole process in the UNSC.

    Hamas, on the other hand, initially welcomed the ceasefire resolution, but later, reiterated its position on a permanent ceasefire accompanied by a complete withdrawal of Israeli forces from Gaza. This turned the whole situation into a ‘back to square one’.

    Is the UNSC resolution binding?
    UNGA resolutions are like recommendations, while UNSC resolutions are normally seen as somewhat more prescriptive. However, there is a difference between UNSC votes under Chapter 6 and Chapter 7 of the UN Charter, with the latter considered as binding.

    How can it be enforced?
    If the UNSC wants to enforce its decision, it can decide to authorize travel bans, sanctions, or the sending of troops.

    What are the Impacts on Israel?

    • Military Impact: The Israeli Army has suffered losses and injuries to its personnel. Militarily, Gaza has been defeated, but Hamas, as an organization, is unlikely to be eliminated.
    • Economic Impact: Its economy is shrinking rapidly, with some estimates showing a decline of almost 20%.
    • Political Impact: Currently, it is becoming difficult for Mr. Netanyahu to hold on to his position, domestically and internationally. The U.S., Israel’s staunchest ally, has, in the past few weeks, made it clear that Israel has to restrain itself and cannot bank upon blanket support for any Israeli action in Gaza.

    What is the most viable option then for Israel?

    • Adapting to Ceasefire: To prevent a recurrence of ‘another 07th October’, there is an urgent need for an early ceasefire and withdrawal of forces from the Gaza Strip.
    • Two-state solution: Stakeholder countries will have to go back to the drawing board and search for a time-bound and acceptable solution. 

    Conclusion: Israel and Palestine are bound by geography and destiny and the solution for a peaceful future will have to include major compromises and climb-downs from previously stated positions. 

    https://www.thehindu.com/opinion/lead/the-gaza-war-needs-a-smart-exit-strategy/article68020974.ece

  •  Katchatheevu | What is the controversy all about?

    Why in the news? 

    Katchatheevu Island, a disputed stretch in the Palk Strait, was ceded to Sri Lanka during late PM Indira Gandhi, through an agreement.

    • Fifty years later, PM Modi, has mounted an attack on the Congress and DMK for ‘callously’ giving it away to Sri Lanka.

    About the Katchatheevu  Island:

    • Katchatheevu is an uninhabited area in the Palk Strait, between India and Sri Lanka.  It was created due to volcanic eruption in the 14th century and is comparatively youthful in the realm of geological chronology.
    • Historically, it was controlled by the Jaffna kingdom of Sri Lanka in the medieval period.
    • However, in the 17th century, control passed to the Ramnad zamindari based out of Ramanathapuram, about 55 km northwest of Rameswaram.
    • The Island became part of the Madras Presidency during the British Raj. But in 1921, both India and Sri Lanka, at the time were British colonies and claimed Katchatheevu to determine fishing boundaries.
    • A British delegation from India challenged this, citing ownership of the island by the Ramnad kingdom. This dispute was not settled until 1974.

    Indo-Sri Lankan Maritime Agreement of 1974:

    • In 1974, the Indian government, led by Indira Gandhi at the time, endeavored to definitively resolve the maritime border between India and Sri Lanka.
    • As a component of this arrangement, termed the ‘Indo-Sri Lankan Maritime agreement’, Katchatheevu was relinquished to Sri Lanka.
    • During this period, it was perceived that the island held minimal strategic significance, and relinquishing India’s claim over it was anticipated to foster stronger relations with its southern neighbor.
    • Limitations of the Agreement of 1974:
      • Issue of fishing rights: The 1974 agreement failed to address the issue of fishing rights. Sri Lanka interpreted the access of Indian fishermen to Katchatheevu as being restricted solely to activities such as resting, drying nets, and visiting the Catholic shrine, without the requirement of a visa.
      • The issue concerning EEZ: Further agreement was reached between the two countries, prohibiting fishing within each other’s Exclusive Economic Zones (EEZs).
      • However, the proximity of Katchatheevu to the edges of both countries’ EEZs left unresolved questions regarding fishing rights, contributing to ongoing uncertainty.

     

    India’s stand on the Kachchatheevu issue:

    • August 2013: The Union government informed the Supreme Court that the question of reclaiming Kachchatheevu from Sri Lanka did not arise because no Indian territory was ceded to Sri Lanka. Moreover, it was historically disputed territory between British India and Ceylon (now Sri Lanka), and the matter was settled through agreements in 1974 and 1976.
    • December 2022: The Union government reiterated the stance, emphasizing that Katchatheevu lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line as per the agreements. Additionally, it mentioned that the matter was under judicial consideration in the Supreme Court.

    Conclusion: The recent mention of Katchatheevu by Prime Minister Modi ahead of elections in Tamil Nadu highlights its contentious nature. To address fishermen’s issues, diplomatic dialogue and legal clarity are crucial.

    Mains PYQ

    Q What are the maritime security challenges in India? Discuss the organizational, technical, and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

  • Katchatheevu Island Conundrum

    Why in the news?

    Prime Minister recently claimed that the then PM Indira Gandhi had given away the island of Katchatheevu to Sri Lanka for no reason.

    About Katchatheevu Island

    • Katchatheevu is a small, uninhabited island measuring merely 285 acres, lying between India and Sri Lanka.
    • It is situated in the Palk Strait.
    • It was originally owned by the king of Ramnad (present-day Ramanathapuram, Tamil Nadu).
    • The island is used by fishermen to dry their nets.
    • Despite its modest size, the island holds significant religious significance, housing Anthony’s church, a centuries-old Catholic shrine revered by devotees from both nations.
    • Beyond its religious connotations, Katchatheevu is a vital ecosystem, supporting diverse flora and fauna endemic to the region’s maritime environment.

    A Quick Recap of its History

    • During the British rule, it was administered jointly by India and Sri Lanka.
    • In the early 20th century, Sri Lanka claimed territorial ownership over the islet.
    • India ceded the island to Sri Lanka, through a joint agreement in 1974; India further gave up its fishing rights in the region in 1976.

    Present Issue

    • In 1974 and 1976 treaties were signed between the two countries to demarcate the International Maritime Boundary Line (IMBL).
    • However, the agreement could not stop the fishermen from fishing in these waters, as fishermen know no boundary.

    Culmination of the Political Dispute

    • Unresolved Issue: While Indian fishermen retained certain access rights to the island, the agreements failed to address key concerns regarding fishing rights, leading to simmering discontent among fishing communities.
    • Sri Lankan Atrocities: The civil war in Sri Lanka overshadowed the Katchatheevu issue, with Indian fishermen facing arrests and allegations of mistreatment by the Sri Lankan navy.
    • Renewed Demands: Instances of fishermen’s rights violations reignited calls for the retrieval of Katchatheevu by Tamil Nadu politicians, who highlighted the plight of affected fishing communities.
    • Present Backlash: The agreement sparked widespread protests and political backlash in Tamil Nadu, with regional parties and activists condemning the perceived abandonment of Indian sovereignty over Katchatheevu.

    PYQ:

    Consider the following statements:

    1.    The value of Indo-Sri Lanka trade has consistently increased in the last decade.

    2.    “Textile and textile articles” constitute an important item of trade between India and Bangladesh.

    3.    In the last five years, Nepal has been the largest trading partner of India in South Asia.

    Which of the statements given above is/are correct? (2020)

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 only

    (d) 3 only

     

    Practice MCQ:

    With reference to the Katchatheevu Island recently seen in news, consider the following statements:

    1.    During the British rule, it was administered by India.

    2.    India ceded the island to Sri Lanka, through a joint agreement in 1974 but holds fishing rights in the region.

    Which of the given statements is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Tech giants facing EU scrutiny

    Why in the news? 

    The European Commission has initiated investigations into major tech companies like Apple, Meta, Google’s parent Alphabet, and Amazon to enforce fair and competitive markets in the digital industry, following the regulations of the Digital Markets Act (DMA).

     

    What is the European Commission? 

    The European Commission is the executive arm of the European Union responsible for proposing and enforcing legislation, managing EU policies and spending programs, ensuring the proper application of EU laws, and representing the EU internationally.

    About Gatekeepers: It refers to significant market players in the digital sector who hold considerable market power and provide core platform services. In September 2023, several tech companies, including Alphabet, Amazon, Apple, ByteDance (TikTok’s parent company), and Microsoft, were designated as ‘gatekeepers,’ expected to comply fully with DMA obligations by March 7 of the following year.

    DMA’s Objective: The investigations align with the Digital Markets Act’s (DMA) goal to regulate ‘gatekeepers’ in the digital market and ensure fair competition and consumer access.

     

    Where is the context of these non-compliance investigations?

    • Investigations into Tech Giants: Alphabet (Google), Apple, and Meta (formerly Facebook) are facing investigations over alleged violations related to unfair competitive practices.
    • Specific Allegations: Alphabet is being investigated for steering customers towards its in-house services, Apple for similar practices in its App Store and Safari browser, Meta for its “pay or consent model.”

    Steering rules are Non-Compliant:

    • DMA Provisions: The Digital Markets Act (DMA) allows app developers to direct consumers to offers and services outside the gatekeeper’s app store without any charge.
    • Commission’s Concerns: The European Commission expressed concerns about Alphabet (Google) and Apple’s noncompliance with DMA provisions, citing various restrictions and limitations imposed by these companies.
    • Apple’s Defense: Apple defended its tight integration with the App Store, claiming it’s necessary for a secure and seamless user experience 

    Present Challenges with Tech-giants:

    • Alphabet engaging in self-preferencing:
      • Investigation on Google search: The Commission is investigating whether Google’s search results are discriminatory, particularly whether Google favors its own verticals over rival services, a practice known as self-preferencing 
      • U.S. Department of Justice’s Accusation: In October 2020, the U.S. Department of Justice (DoJ) accused Google of unlawfully maintaining monopolies in the search and search advertising markets through anti-competitive and exclusionary practices. 
    • Apple enabling choice:
      • European Commission’s Investigation on IOS: The Commission is assessing whether Apple allows users to uninstall pre-installed or default software applications on iOS easily.  
      • Concerns Over User Choice: The investigation stems from concerns that Apple’s measures may prevent users from effectively exercising their choice of services within the Apple ecosystem.  
    • Concerns about Meta’s model:
      • Meta’s Subscription Model: Meta (formerly Facebook) introduced a subscription model in the European Union (EU), European Economic Area (EEA), and Switzerland. This model offered users the choice to use Facebook and Instagram without ads by subscribing to a paid service.
      • Commission’s Concerns:  It expressed concerns that the binary choice offered by the model may not provide a real alternative for users who do not consent to personalized advertising. Consequently, the Commission doubted whether the model effectively prevented the accumulation of personal data by gatekeepers, as intended.

    How will non-compliant companies be penalized?

    • Potential Penalties: The companies under investigation face significant fines of up to 10% of their global turnover or 20% in the case of repeated infringements.
    • Consequences of Systematic Infringement: If the investigation uncovers systematic infringement, the companies may be required to divest certain business units or sell parts of their business. Additionally, they could face a ban from acquiring related additional services.

    Conclusion 

    EU investigates tech giants like Apple, Meta, Alphabet, and Amazon for unfair practices under the Digital Markets Act. Concerns arise over violations, including self-preferencing and restricting user choice. Penalties may include hefty fines and divestments for non-compliance.

    Mains PYQ

    Q Elucidate the relationship between globalization and new technology in a world of scarce resources, with special reference to India. (UPSC IAS/2022)

    Q  Examine the impact of liberalization on companies owned by Indians. Are they competing with the MNCs satisfactorily? Discuss. (UPSC IAS/2013)

  • The countdown to a pandemic treaty

    Why in the news?

    In March 2021, a call for a pandemic treaty by 25 heads of government and international agencies marked a pivotal moment. The WHO Pandemic Agreement’s final negotiations began last week. With approval pending in May, its fate remains uncertain amid debates.

    Key features of Pandemic Agreement

    • Aim of the Pandemic Agreement: Address systemic failures revealed by COVID-19 crisis, strengthen global defenses, and prevent future pandemics from escalating into catastrophic human crises. Focus on pandemic prevention, preparedness, and response with equity as the goal.
    • Coverage of Issues: Includes pathogen surveillance, healthcare workforce capacity, supply chain and logistics, technology transfer for vaccine production, and waivers of intellectual property rights. Aims to strengthen surveillance for pathogens with pandemic potential and manage antimicrobial resistance.
    • Equitable Access: Emphasis on equitable access to medical products across provisions, including language on principles, preparedness, production, technology transfer, access, benefit-sharing, supply, and procurement.
    • Establishment of Conference of Parties (COP): Proposed establishment to oversee the implementation of the Pandemic Agreement 

    Disagreements between Developing countries and Developed countries 

    • Developing vs. Developed Countries’ Perspectives: Developing countries largely embrace the revised negotiating text, emphasizing equity and clarity on obligations vs. responsibilities. Developed countries criticize the text, particularly regarding financing and intellectual property issues, considering them ‘redlines’.
    • Disagreements: Major substantive disagreements exist alongside general disagreement on negotiation modalities. Developing countries, represented by India among others, stress the importance of clarity on obligations to operationalize equity within the Agreement.

    Concerns related Pandemic Agreement

    • Equity Concerns:  Dissatisfaction among developed countries and the pharmaceutical industry regarding access and benefit-sharing provisions.
    • Global Governance and Enforcement Challenges: Lack of adequate enforcement mechanisms poses a significant challenge. Without robust enforcement, the Agreement risks being symbolic. Enforcement capabilities are vital for coordination efforts, stockpile management, medical response teams, and data sharing.
    • Issues related to technology transfer: Even with consensus on key issues like technology transfer and intellectual property waivers, the Agreement may be ineffective without robust enforcement mechanisms.
    • International Health Regulations (IHR): Existing IHR are legally binding but failed to prevent unjust travel restrictions, vaccine hoarding during COVID-19. Proposals for a decision-making body and a secretariat within the Agreement aim to address these shortcomings.

    Way Forward:

    • Negotiations Conclusion: The current round of negotiations in Geneva is set to conclude this week, to achieve a consensus decision by the World Health Assembly by the end of May.
    • Diluted Agreement: The possibility of a diluted Agreement looms large as there is pressure to achieve consensus. Contentious issues like intellectual property (IP) waivers may have diluted language, referring to national circumstances and using non-binding terms like “best endeavor.”
    • Collective Effort: The Agreement acknowledges that no single government or institution can tackle the threat of future pandemics alone, emphasizing the importance of international collaboration and cooperation.

    Conclusion: The Pandemic Agreement aims to address COVID-19 failures, emphasizing equity and preparedness. Disagreements persist, especially on access and enforcement. Negotiations aim for consensus, but risks of dilution remain amid pressure for agreement.

    Mains PYQ

    Q  COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are being availed readily to win over the crisis. Give an account of how technology was sought to aid management of the pandemic. (UPSC IAS/2020)

    Q  Critically examine the role of WHOin providing global health security during the Covid-19 pandemic. (UPSC IAS/2020)

  • Why are Rohingya refugees risking their lives at sea? | Explained

    Why in the news?

    The recent incident involving a wooden boat carrying nearly 150 Rohingya refugees capsizing off the Indonesian coast last week has once more spotlighted the dire situation faced by these refugees.

    • According to the United Nations High Commissioner for Refugees (UNHCR), more than 4,500 Rohingya refugees started risky trips across the Bay of Bengal and the Andaman Sea last year.

    Who are the Rohingya refugees?

    The Rohingya are a group of Muslims who come from the area called Arakan in Myanmar, which used to be called Burma. The word “Rohingya” comes from combining “Arakan” with “ga” or “gya,” which means “from” in the Rohingya language.

    About Rohingya Crises:

    • Labeled as ‘illegal immigrants’: Rohingya claim ancestral ties to Myanmar’s Rakhine State, but successive governments dispute this, labeling them illegal immigrants from Bangladesh.
    • Distinct from the majority: They are culturally and religiously distinct from the majority Buddhist population in Myanmar because Rohingya speak a Bengali dialect, which is different from the common Burmese language.
    • Strict criteria for citizenship: Myanmar has denied Rohingya recognition as an ethnic group and citizenship since 1982. Myanmar’s 1982 citizenship law imposes strict criteria for citizenship, requiring proof of ancestors residing in Myanmar before 1823.
    • World’s largest stateless population: Consequently, Rohingya are considered the world’s largest stateless population, lacking fundamental rights and security.

    Why have Rohingyas fled their homeland?

    • Military crackdown: Decades of discrimination, violence, and persecution by security forces in Myanmar. Significant numbers of Rohingyas began fleeing Myanmar in 2012 after a military crackdown triggered by the rape and murder of a Rakhine woman in a Rohingya-dominated area, leading to tensions between Rohingyas and Rakhine’s Buddhist community.
    • largest exodus: The largest exodus occurred in August 2017 following a massive wave of violence in Rakhine, driving over 750,000 people to seek sanctuary in Bangladesh.
    • UN fact-finding commission: The United Nations described the 2017 violence as “ethnic cleansing” and the humanitarian situation as “catastrophic. In 2018, the UN fact-finding commission concluded that the Myanmar government had “genocidal” intent against the Rohingya

    Why they are choosing sea journeys?

    • Overcrowded refugee Camp: An estimated 9,60,000 Rohingya reside in refugee camps in Bangladesh, particularly near the Myanmar border in Cox’s Bazar, which houses some of the world’s largest and most densely populated refugee camps.
    • Susceptible to weather disasters and outbreaks: The camps are highly susceptible to weather-related disasters and outbreaks of diseases due to unsanitary conditions, as well as security concerns such as gang violence and arson attacks. For example, over 60 Rohingya were killed in Bangladeshi camp clashes in 2023
    • Returning to Myanmar impossible: With the option of returning to Myanmar virtually impossible and worsening conditions in relief camps in Bangladesh, an increasing number of Rohingya are undertaking dangerous sea journeys across the Bay of Bengal and the Andaman Sea.

    The Rohingya Population in India:

    • Groups of Rohingya people are found in Jammu, Hyderabad, and Delhi-NCR, as well as in the states of Haryana, Uttar Pradesh, and Rajasthan.
    • According to the Ministry of Home Affairs, India hosts over 40,000 Rohingya individuals. Among them, only 14,000 possess United Nations High Commissioner for Refugees (UNHCR) refugee ID cards, providing them with protection against random arrest or detention.

     Legal provisions regarding ‘Refugees’ in India:

    • No specific law: In India, there is no specific law enacted solely for refugees. Consequently, Rohingya refugees are frequently categorized alongside illegal immigrants and deported by the Government under the Foreigners Act, 1946, and the Foreigners Order, 1948.
    • Right to deport: Section 3 of The Foreigners Act, 1946 gives the Central government the right to deport a foreign national.

    Conclusion: Rohingya refugees risk sea journeys due to impossible return to Myanmar and dire conditions in overcrowded camps. In India, with no specific refugee law, they face deportation under existing immigration acts.

    Mains PYQ

    Q At the international level, the bilateral relations between most nations are governed on the policy of promoting one’s own national interest without any regard for the interest of other nations. This leads to conflicts and tensions between the nations. How can ethical consideration help resolve such tensions? Discuss with specific examples. (150 words) UPSC IAS/2015

    Source 

  • [28 March 2024] The Hindu Op-ed: WTO’s investment facilitation negotiations are not illegal

    PYQ Relevance:
    Mains: 
    Q) What are the key areas of reform if the WTO has to survive in the present context of the ‘Trade War’, especially keeping in mind the interest of India? (UPSC CSE 2018) 

    Q) “The broader aims and objectives of WTO are to manage and promote international trade in the era of globalization. But the Doha round of negotiations seems doomed due to differences between the developed and the developing countries.” Discuss from the Indian perspective. (UPSC CSE 2016) 

    Prelims:
    Q) India enacted The Geographical Indications of Goods (Registration and Protection) Act, 1999 to comply with the obligations to (UPSC CSE 2018)
    (a) ILO (b) IMF (c) UNCTAD (d) WTO

    Note4Students: 

    Prelims: International Organisations;

    Mains: International Organisations; Trades and Practices;

    Mentor comments: WTO members concluded the 13th Ministerial Conference (MC13) in Abu Dhabi on 2 March with the adoption of a Ministerial Declaration setting out a forward-looking, reform agenda for the organization. Over the last decades, many countries have adopted policies aimed at facilitating investment to attract, retain, and expand foreign investment flows. We need to analyze this news thoroughly as MC13 represented a historic opportunity for the first time by addressing the issue of Trade Cooperation for the environment and the associated challenges in industrial policy.

    Let’s learn. 

    —

    Why in the News?

    India must reconsider its defensive approach towards Plurilateral Agreements (PA) such as the Investment Facilitation for Development agreement.

    Background:

    • Ministers at the meeting of WTO took several ministerial decisions, including renewing the commitment to have a fully and well-functioning Dispute Settlement System by 2024 and to improve the use of the Special and Differential Treatment (S&DT) provisions for developing and Least Developed Countries (LDCs).
    • India has strongly opposed a China-led proposal for an investment facilitation pact besides pressing for finding a permanent solution to public stock holding of grains for food security and protection of the interests of fishermen at the upcoming WTO ministerial meeting.

    Key Takeaways about Plurilateral Agreement (PA) from MC13:

    • It is critical to recall that while the WTO is a multilateral trade organization.
    • Article II of the WTO Agreement categorically allows for Pas which binds the WTO member countries that accept them and do not create rights or impose obligations on the remaining members.
    • Despite opposition from countries such as India, negotiations for an IFD agreement at the WTO were launched in 2017 on a plurilateral basis by 70 countries. This was done through a process known as the Joint Statement Initiative.
    • Further, 120 countries wanted to include the IFD Agreement as a Plurilateral Agreement (PA) within Annex 4 of the WTO Agreement.
    What is the Agreement on Investment Facilitation for Development (IFD)?

    In the WTO context, the concept of investment facilitation means the setting up of a more transparent, efficient, and investment-friendly business climate, by making it easier for investors to invest, and conduct their day-to-day business.

    It also expands their existing investments (whole-investment-lifecycle approach), as well as for host and home governments to work cooperatively and in mutually beneficial ways to facilitate not only more but also more sustainable investment.

    What are the present concerns of the Indian government regarding the Plurilateral Agreement (PA)?

    • Principle Concerns: India does not seem to be exceedingly concerned about the text of the IFD agreement. India’s principal concerns are two-fold.
      • The question of whether investment can be part of the WTO.
      • The process followed to make the IFD agreement a part of the WTO rulebook.
    • Challenge of Legal Mandate and Mutual Consensus: The IFD Agreement will require states to augment regulatory transparency, and streamline administrative procedures to bolster foreign investment inflows.
      • Since all countries never agreed to launch negotiations on an IFD Agreement, according to India, IFD negotiations and the subsequent text that came up for adoption are illegal. (According to the Article X.9 of the WTO Agreement)
    • On Dispute Resolution: The IFD does not contain provisions on market access, investment protection, and Investor-State Dispute Settlement (ISDS).
      • Given the existing structure of the WTO’s dispute settlement mechanism, where only states can bring legal claims against other states, it is implausible that ISDS can be a part of it.

    Current Dilemma between ‘Investment’ and ‘Trade’: 

    • The current dilemma is whether the investment is part of the WTO or not because investment per se is not trade. However, the recent scenario talks on contrast such as follows:
    • According to the Organisation for Economic Co-operation and Development (OECD), about 70% of international trade occurs through global value chains, which are characterized by trade and investment, thus proving the close relationship between the two.
    • Therefore, several modern-day free trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership include detailed investment provisions covering both facilitation and protection.
    • India’s newly minted trade agreement with the European Free Trade Association also contains provisions on investment, though it is restricted to facilitation and promotion measures.

    Conclusion: The PAs such as the IFD agreement are essential for reinvigorating the WTO’s stalemated legislative function. India, which will soon be the third biggest economy, should reconsider its defensive approach towards PAs, as in the proposed IFD Agreement in the WTO.

  • Preventing a China-Taiwan conflict

    Why in the News?

    India, with growing national interests, faces entanglements in disputes like Taiwan. While China claims Taiwan, India is unlikely to engage militarily, focusing on safeguarding its economic and security interests.

    Context:

    • The Democratic Progressive Party (DPP) recently achieved an unprecedented third consecutive term in Taiwan’s legislative elections, defying China’s threats and hostilities.
    • Taiwan’s legislative assembly faces a unique scenario with no clear majority for the first time in twenty years, which complicates policymaking and interactions with China.

    Three reasons for Indian Government to maintain the Status quo:

    • Firstly, India is interested in maintaining the current state, wherein Taiwan operates as a self-governing territory without asserting independence.
    • Secondly, Chinese aggression against Taiwan would be catastrophically costly for India. A recent Bloomberg study estimates that the costs of a conflict would amount to over 10% of global GDP. India’s economy would suffer a greater shock than the U.S. economy and its most valuable sectors, from electronics to pharmaceuticals, would run dry of components and materials.
    • Thirdly, if China wins, it could become more confident and expand its influence, possibly reaching the Indian Ocean. This could pose significant challenges to India’s strategic interests and territorial integrity, potentially leading to increased tensions, especially in Arunachal Pradesh.

    Scope for Indian Government:

    • Utilize International Law: India can leverage international legal frameworks to advocate for peaceful resolutions and oppose aggression against Taiwan.
    • Narrative Building: India can shape narratives against aggression, highlighting the risks and consequences of military conflict.
    • Diplomatic Coordination: India can work with other nations to coordinate diplomatic efforts aimed at dissuading China from military action.
    • Economic Measures: India can undertake economic de-risking measures to minimize vulnerabilities and reduce dependence on China like economic relations with other countries
    • Information Operations: India can engage in information campaigns to support the Taiwanese people and raise awareness about the situation.
    • Military Support: India can support U.S. forces in the Indian Ocean, enhancing deterrence capabilities and signalling commitment to regional stability.

    Conclusion: India, prioritizing economic and security interests, maintains the Taiwan status quo. To prevent conflict, it leverages international law, builds narratives against aggression, coordinates diplomacy, and considers economic diversification while supporting regional stability.

    Mains PYQ

    Q China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbor. (UPSC IAS/2017)

    Q With respect to the South China sea, maritime territorial disputes and rising tension affaire the need for safeguarding maritime security to ensure freedom of navigation and ever flight throughout the region. In this context, discuss the bilateral issues between India and China. ( UPSC IAS/2014)

  • China to develop strategic Hambantota Seaport

    Why in the News?

    Sri Lanka’s PM said that China has pledged to develop the island nation’s strategic Hambantota Seaport and the capital’s airport after talks with his counterpart in Beijing.

    About Hambantota Seaport

    • The Hambantota Seaport, also known as the Magampura Mahinda Rajapaksa Port, is a deep-sea port.
    • It is situated on the southern coast of Sri Lanka and lies strategically along major international shipping routes, particularly connecting Asia with Africa and Europe.
    • The construction of the Hambantota Seaport began in 2007 and was completed in multiple phases in November 2010.
    • Sri Lanka in a controversial move signed an agreement in 2017 wherein a Chinese state-owned enterprise, acquired a 70% stake in the port on a 99-year lease.

    How does this port benefit China?

    • The port is anticipated to assume a crucial role within China’s Belt and Road initiative (BRI), aiming to connect ports and roadways spanning from China to Europe.
    • BRI’s foundation lies in a network of harbors worldwide, positioning China to challenge the United States as the foremost maritime superpower.
    • The port forms part of China’s ‘string of pearls’ strategy, potentially encircling India and accommodating its military vessels.

     

    PYQ:

    2022: Which one of the following statements best reflects the issue with Senkaku Islands, sometimes mentioned in the news?

    1. It is generally believed that they are artificial islands made by a country around South China Sea.
    2. China and Japan engage in maritime disputes over these islands in East China Sea.
    3. A permanent American military base has been set up there to help Taiwan to increase its defence capabilities.
    4. Though International Court of Justice declared them as no man’s land, some South-East Asian countries claim them.

     

    Practice MCQ:

    Which of the following statements regarding important seaports in Asia are correct?

    1. Port of Singapore is the world’s busiest transshipment port and a major hub for global shipping.
    2. Port of Shanghai, located in China, is the busiest container port in the world.
    3. Port of Colombo in Sri Lanka serves as a major transshipment hub in the Indian Ocean region.
    4. Port of Yokohama, situated in Japan, is the largest port in terms of cargo tonnage handled annually.

    Select the correct option:

    1. 1 and 2 only
    2. 2 and 3 only
    3. 1, 2, and 3 only
    4. All of the above