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Subject: International Relations

  • UNGA declares December 21 as World Meditation Day

    Why in the News?

    India has played a leading role in co-sponsoring and guiding the unanimous adoption of a UN General Assembly draft resolution to declare December 21 as World Meditation Day.

    • The theme for 2024 is- “Inner Peace, Global Harmony”.

    About the World Meditation Day

    • It is a global observance that was officially recognized following the adoption of a UN General Assembly resolution on December 6, 2024. However, the 21st of December has been designated as the date for this annual observance.
    • It is also symbolic, of falling on the Winter Solstice (December 21), which is associated with new beginnings, reflection, and spiritual growth in Indian tradition.
      • The date is also exactly six months after the International Day of Yoga on June 21, which marks the Summer Solstice.

    The objective behind this Decision

    • Promote Well-Being: To globally encourage meditation for enhancing mental health and overall wellness.
    • Encourage Inner Reflection: Recognizing December 21 as a time for self-reflection and meditation, especially during Uttarayana in Indian tradition.
    • India’s Global Leadership: Reinforces India’s commitment to global wellness, following its leadership in declaring International Day of Yoga.

    PYQ:

    [2012] With reference to the religious history of medieval India, the Sufi mystics were known to pursue which of the following practices?

    1. Meditation and control of breath

    2. Severe ascetic exercises in a lonely place

    3. Recitation of holy songs to arouse a state of ecstasy in their audience

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

  • [6th December 2024] The Hindu Op-ed: A three-nation visit as a foray into summit diplomacy

    PYQ Relevance:

    Q) “If the last few decades were of Asia’s growth story, the next few are expected to be of Africa’s.” In the light of this statement, examine India’s influence in Africa in recent years. (UPSC CSE 2021)

    Mentor’s Comment: UPSC Mains have focused on ‘India’s influence in Africa (2021), and anti-colonial struggles in West Africa were led by the new elite of Western-educated Africans (in 2016).

    The Prime Minister’s visit to Nigeria, Brazil, and Guyana from November 16-21, 2024, was carefully planned to achieve multiple goals. This trip showcased India’s efforts in diplomacy across Africa, Latin America, and the Caribbean, focusing on important discussions about bilateral, regional, and global issues. While the main reason for the visit was to attend the G-20 summit in Brazil, dedicating time to Nigeria and Guyana added more value to this journey. The trip reflects India’s key foreign policy priorities.

    Today’s editorial highlights the what are the outcomes of the recent visits of the PM of India to Nigeria, Brazil and Guyana.

    _

    Let’s learn!

    Why in the News?

    The recent visit to Nigeria, Brazil, and Guyana provides valuable insights into India’s prevailing foreign policy priorities.

    Outcomes of the recent visit of the Indian PM to Nigeria in West Africa

    • Significance of the Visit: This was the first visit by an Indian Prime Minister to Nigeria in 17 years, underscoring the importance of strengthening bilateral ties. The visit was at the invitation of the Nigerian President, emphasizing a shared belief in democracy and pluralism.
    • Bilateral Cooperation: Discussions focused on enhancing cooperation in sectors such as trade, investment, education, energy, health, and culture.
      • New areas for collaboration included agriculture, urban transportation, renewable energy, and digital transformation.
    • Recognition and Awards: The Nigerian government conferred a top national award on the Indian leader for contributions to bilateral relations, signalling a strong appreciation for India’s expanding influence in Africa.
    • Counter-Terrorism Cooperation: Both leaders reaffirmed their commitment to combating terrorism and extremism together. However, only three memoranda of understanding (MoUs) were signed, likely due to bureaucratic delays.

    Recently visit of PM to Brazil for the G20 summit:

    • Summit Overview: Hosted in Rio de Janeiro on November 18-19, the G-20 Summit aimed to incorporate perspectives of the Global South into its decision-making processes. Key priorities included social inclusion, sustainable development, and reforming global governance institutions.
    • Outcomes: The summit led to the launch of the Global Alliance against Hunger and Poverty and the adoption of a roadmap for more effective multilateral development banks. However, progress on climate finance remained limited.
    • Bilateral Engagements: The Indian delegation engaged with several world leaders during the summit, including discussions with U.S. and European leaders, as well as a meeting with the Chinese Foreign Minister to advance bilateral relations.

    Last visit of PM to Guyana: The Wrap-Up

    • Historical Significance: The visit to Guyana marked the first by an Indian Prime Minister since 1968, underscoring India’s commitment to strengthening ties with Caribbean nations, particularly given that 40% of Guyana’s population is of Indian origin.
    • Cooperation Agreements: Ten MoUs were signed across various sectors, including energy, defence, urban development, digital collaboration, education, and food security, reflecting a robust bilateral cooperation program.
    • India-CARICOM Summit: During the visit, the Indian leader co-chaired the second India-CARICOM Summit in Georgetown, proposing seven pillars for enhanced cooperation that align with regional priorities.

    Importance of Carrabian for India

    • Strategic Trade Gateway: The Caribbean serves as a crucial gateway to North and South American markets, making it an important trade partner for India.
      • Strengthening ties with CARICOM nations can facilitate access to these markets, enhancing India’s economic outreach and trade opportunities in the region.
    • Energy Security and Resource Collaboration: The Caribbean, particularly nations like Guyana, is rich in hydrocarbons and other natural resources.
      • India’s engagement in the region aims to diversify its energy sources and reduce dependence on traditional suppliers.  
    • Cultural and Historical Ties: The Caribbean has a significant Indian diaspora, providing a strong foundation for cultural exchange and bilateral relations.  

    Way forward: 

    • Strengthen Regional Partnerships: Build on existing MoUs by establishing follow-up mechanisms to ensure timely implementation of agreements across sectors like energy, education, and digital transformation. Enhance India’s role in regional forums like CARICOM and AU to solidify partnerships.
    • Leverage Cultural and Economic Ties: Utilize India’s cultural connections, especially in Guyana and Nigeria, to foster people-to-people links while expanding trade and investment in renewable energy, agriculture, and technology to deepen economic cooperation.

    https://www.thehindu.com/opinion/op-ed/a-three-nation-visit-as-a-foray-into-summit-diplomacy/article68951760.ece

  • India’s strategic focus on West Africa

    Why in the News?

    Despite China’s increasing involvement in financing and infrastructure development, India continues to hold a significant position as one of Nigeria’s key partners in West Africa.

    What are the strategic objectives of India in West Africa?

    • Strengthening Bilateral Relations: India aims to enhance its strategic partnership with Nigeria, which is pivotal as Nigeria is both the largest economy and democracy in Africa. This partnership is expected to extend beyond Nigeria, influencing broader regional dynamics in West Africa.
    • Focus on Security Cooperation: Given the challenges of terrorism, piracy, and drug trafficking in Nigeria, India seeks to bolster security cooperation. This includes defence collaboration and joint efforts in counterterrorism operations against groups like Boko Haram.
    • Development Partnerships: India positions itself as a development partner by providing concessional loans and capacity-building programs, demonstrating a commitment to supporting Nigeria’s socio-economic growth.
    • Promotion of Global South Aspirations: Both India and Nigeria share common goals as leaders of the Global South, aiming to amplify their voices in international forums like the UN Security Council.

    How does India plan to enhance its economic ties with West African countries?

    • Diversifying Trade Relations: India plans to revitalize trade with Nigeria, which has seen a decline recently. Efforts include negotiating trade agreements such as the Economic Cooperation Agreement (ECA) and the Bilateral Investment Treaty (BIT) to facilitate investment and trade.
    • Sectoral Collaboration: The focus areas for economic collaboration include defence, energy, technology, health, and education. India’s PM discussions with the President of Nigeria emphasized leveraging India’s expertise in these sectors to foster mutual growth.
    • Infrastructure Development: India aims to support infrastructure development through concessional loans and technical assistance, building on existing projects that have benefited from Indian investment.
    • Cultural and People-to-People Exchanges: Enhancing cultural ties and promoting exchanges between citizens are also part of India’s strategy to strengthen bilateral relations, fostering goodwill and mutual understanding.

    What challenges does India face in its engagement with West Africa?

    • Geopolitical Competition: India’s engagement is challenged by China’s significant presence in Nigeria, where Chinese companies dominate various sectors including infrastructure and telecommunications. This competition complicates India’s efforts to establish itself as a key partner.
    • Economic Fluctuations: The decline in trade between India and Nigeria from $14.95 billion in 2021-22 to $7.89 billion in 2023-24 highlights vulnerabilities due to shifting global oil markets and increasing imports from other countries like Russia.
    • Political Instability: The political landscape in Nigeria can be unpredictable, posing risks for long-term investments and cooperation initiatives that require stability for successful implementation.
    • Capacity Constraints: While India offers developmental assistance, the effectiveness of these initiatives can be hindered by local capacity constraints in Nigeria, necessitating a tailored approach that considers local needs and capabilities.

    Way forward: 

    • Deepen Strategic Collaboration: Strengthen defence and security partnerships, diversify trade, and enhance collaboration in sectors like energy, technology, and health to counter China’s growing influence and foster mutual growth.
    • Focus on Regional Capacity Building: Expand developmental assistance with tailored initiatives addressing local needs, while supporting Nigeria’s stability through diplomatic engagement and joint Global South aspirations in international forums.

    Mains PYQ:

    Q Increasing interest of India in Africa has its pros and cons. Critically Examine. (UPSC IAS/2015)

  • Trump to impose ‘additional’ tariff on China

    Why in the News?

    President-elect Donald Trump announced his intention to impose tariffs on the United States’ three largest trading partners—Canada, Mexico, and China—once he assumes office.

    What specific tariffs is Trump proposing on imports from China, Canada, and Mexico?

    • 25% Tariff on Imports: President-elect Donald Trump announced plans to impose a 25% tariff on imported goods from the United States’ three largest trading partners: Canada, Mexico, and China.
    • Additional 10% Tariff on China: He also proposed an additional 10% tariff specifically targeting imports from China, citing the country’s failure to address the flow of fentanyl into the United States.

    What are the underlying reasons for these tariff increases?

    • Trade Imbalance: The tariffs aim to address perceived trade imbalances and protect American manufacturing jobs.
    • Fentanyl Crisis: The additional tariff on China is a direct response to the ongoing opioid crisis in the U.S., particularly related to fentanyl trafficking. Trump emphasized China’s lack of action in curbing the drug’s flow into the U.S. as a justification for the tariffs.
    • Political Strategy: The tariffs may also serve as a political manoeuvre to reinforce Trump’s stance on trade issues and drug-related policies as he prepares to take office.

    What potential economic impacts could arise in the Asian region (esp India) from these tariffs?

    • Increased Costs for Importers: Indian companies that rely on imports from these countries may face higher costs due to increased tariffs, potentially leading to higher prices for consumers.
    • Supply Chain Disruptions: The tariffs could disrupt existing supply chains, particularly in industries that rely on components from Canada, Mexico, and China, affecting production schedules and costs.
    • Investment Shifts: Businesses might reconsider their investment strategies in light of new tariffs, potentially leading to a shift in manufacturing bases or sourcing strategies away from affected countries.
    • Opportunities for Indian Manufacturers: Conversely, Indian manufacturers might find opportunities to fill gaps left by increased tariffs on imports, potentially boosting local production and employment.

    Way forward: 

    • Strengthen Trade and Strategic Engagement with the U.S.: India should proactively address trade imbalances by diversifying imports from the U.S., aligning with American regulatory standards, and offering enhanced market access in key sectors like technology and defence.
    • Position as a Reliable Alternative to China: Leverage initiatives like Make in India to attract U.S. investments, promote joint ventures, and emphasize India’s strategic importance as a trusted partner in global supply chains.

    Mains PYQ:

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

  • What is the UNSC Resolution 1701?

    Why in the News?

    Israel and Lebanon agreed to a ceasefire after 13 months of rising conflict, though it is linked to the UN Resolution 1701, which has not been fully implemented.

    About UNSC Resolution 1701:

    Details
    What is it?
    • Passed on August 11, 2006, following the 34-day war between Israel and Hezbollah.
    • Aimed to end hostilities, ensure the security of Israel and Lebanon, and establish long-term peace along the Israel-Lebanon border.
    • Also designed to prevent Hezbollah from using southern Lebanon as a base for military operations against Israel.
    Key Provisions and Objectives
    • Cessation of Hostilities: Aimed at halting the conflict between Hezbollah and Israel.
    • Disarmament of Armed Groups: Called for the disarmament of Hezbollah and all other armed groups in Lebanon, leaving only the Lebanese state with weapons authority.
    • Israeli Withdrawal: Mandated Israel’s full withdrawal from southern Lebanon, which had been occupied since the 1982 Lebanon War.
    • Lebanese Forces Deployment: Directed the Lebanese government to deploy its army in southern Lebanon to ensure peace and prevent Hezbollah’s rearmament.
    • UNIFIL Deployment: Increased deployment of the United Nations Interim Force in Lebanon (UNIFIL) to monitor the border and ensure compliance.
    • Arms Embargo: Imposed restrictions to prevent the transfer of weapons to Hezbollah.
    • Implementation of Taif Accords (1989): The resolution emphasizes the full implementation of this accord, which is critical for the disarmament of non-state actors in Lebanon and the consolidation of Lebanese state authority across the country.
    Implementation and Violations
    • Partial Implementation: While Israel withdrew from southern Lebanon, Hezbollah retained its weapons and continued its terror operations.
    • Lebanese Army Deployment: The Lebanese army was deployed in southern Lebanon but struggled to assert full control, as Hezbollah’s influence remained strong in the region.
    • UNIFIL’s Role: UNIFIL, while active, faced challenges in fully enforcing the provisions of the resolution due to Hezbollah’s continued presence and the complexities of local politics.
    • Violations: Despite the resolution’s provisions, violations have included Hezbollah’s stockpiling of weapons and cross-border skirmishes, as well as the failure to fully disarm all armed groups, undermining the resolution’s goals.
    • Taif Accords Violation: This has hindered the establishment of complete state sovereignty in Lebanon.

     

    PYQ:

    [2018] “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss.

  • Crimes against humanity

    Why in the News?

    UNGA committee approved a resolution to initiate negotiations for the first-ever treaty to prevent and punish crimes against humanity after Russia withdrew potentially obstructive amendments.

    What are the present laws governing the conflict?

    • The 1949 Geneva Conventions provide the foundational legal framework for humanitarian protection during armed conflicts. These treaties outline the responsibilities of states to protect civilians and ensure humane treatment for non-combatants.
    • While the International Criminal Court (ICC) addresses war crimes and genocide, there is currently no specific treaty that comprehensively covers crimes against humanity. The ICC recognizes crimes against humanity as acts committed as part of a widespread or systematic attack against civilians, which include offenses such as murder, torture, and sexual violence.
      • The ICC operates as a court of last resort, intervening only when national courts are unable or unwilling to prosecute these crimes

    Why there is a need for a treaty dealing with the Crimes Against Humanity Treaty?

    • Legal Gaps: Existing international treaties cover war crimes and genocide but do not specifically address crimes against humanity. This lack creates a legal void that allows perpetrators to evade accountability for serious offenses committed against civilian populations.
    • Increasing Incidence of Crimes: There has been a notable rise in crimes against humanity globally, with reports of such offenses in countries like Ethiopia, Sudan, Ukraine, and Myanmar. A dedicated treaty would facilitate international cooperation in prosecuting these crimes and provide a framework for justice.
    • Strengthening International Law: A new treaty would reinforce the international justice framework by imposing obligations on states to prevent and punish these crimes, thereby enhancing global standards for human rights protection.

    What would be the step towards a Crimes Against Humanity Treaty?

    • Preparatory Sessions: Scheduled for 2026 and 2027, these sessions will prepare the groundwork for formal discussions on the treaty.
    • Formal Negotiating Sessions: Three-week sessions are planned for 2028 and 2029 to finalize the treaty’s text.
    • Broad International Support: The initiative is backed by Mexico, Gambia, and 96 other countries, indicating a strong international commitment to addressing these serious human rights violations

    Way forward: 

    • Adopt a Survivor-Centric and Inclusive Approach: Ensure the treaty prioritizes the rights of victims, incorporates survivor input, and mandates comprehensive support mechanisms while maintaining a robust, enforceable legal framework.
    • Strengthen Global Collaboration: Mobilize international cooperation, with developed nations providing financial and technical assistance, to build national capacities for prosecuting crimes against humanity and preventing impunity.

    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. (UPSC IAS/2015)

  • What is Global Alliance Against Hunger and Poverty, launched at Brazil G20?

    Why in the News?

    The recent G20 Leaders’ Summit in Rio de Janeiro, Brazil, featured the official launch of the Global Alliance Against Hunger and Poverty (referred to as “the Alliance”).

    What are the primary objectives of the Global Alliance?

    • Eradication of Hunger and Poverty: The Alliance aims to eliminate hunger and poverty by 2030, aligning with the United Nations’ Sustainable Development Goals (SDGs).
    • Support for Vulnerable Populations: It focuses on providing targeted assistance to vulnerable groups through various initiatives, including cash transfers and school meal programs.
    • Resource Mobilization: The initiative emphasizes large-scale resource mobilisation to support its objectives, aiming to reach 500 million people through income distribution programs by 2030.

    Who are the key stakeholders involved in this initiative?

    • The Alliance has 148 founding members, including 82 countries such as India, Brazil, and Bangladesh.
    • It includes participation from 26 international organizations, such as the Food and Agriculture Organization (FAO) and UNICEF.
    • Nine financial institutions and 31 philanthropic foundations and non-governmental organizations are also involved in supporting the Alliance’s goals.

    How will Alliance function?

    • The Alliance serves as a platform for countries to share best practices and access technical expertise or financial support from other member nations.
    • It offers more than 50 evidence-based policy instruments that member countries can utilize to develop their national strategies against hunger and poverty.
    • Unlike traditional funding bodies, the Alliance does not have an exclusive fund but acts as a matchmaking entity connecting countries in need with donors and technical support providers. Its operational costs are estimated at $2-3 million annually, funded by member contributions.

    What challenges does the Global Alliance aim to address in combating hunger and poverty?

    • Impact of COVID-19: The pandemic has exacerbated issues of hunger and poverty, reversing progress made toward the SDGs. The Alliance aims to counteract these setbacks by fostering international cooperation.
    • Global Inequalities: It addresses deepening social, racial, and gender inequalities that have been intensified by recent global crises.
    • Food Insecurity Projections: Current trends suggest that without intervention, millions will continue to live in extreme poverty and hunger by 2030—double the target levels set in the SDGs. The Alliance seeks to reverse these projections through coordinated action.

    Conclusion: The Global Alliance Against Hunger and Poverty aligns with SDGs 1 (No Poverty) and SDG 2 (Zero Hunger) by mobilizing resources, fostering collaboration, and implementing targeted interventions to combat hunger, poverty, and inequalities, ensuring a sustainable and inclusive future.

    Mains PYQ:

    Q Poverty and malnutrition create a vicious cycle, adversely affecting human capital formation. What steps can be taken to break the cycle? (UPSC IAS/2024)

  • International Cooperative Alliance (ICA)

    Why in the News?

    • India is set to host the International Cooperative Alliance (ICA) Global Cooperative Conference in Delhi this month.
      • It will mark the first time in the 130-year history of ICA that the ICA General Assembly and Global Cooperative Conference are being hosted in India.

    About the International Cooperative Alliance (ICA):

    Details
    About Established in 1895 to unite, represent, and serve cooperatives globally.
    • Represents 315 cooperative federations and organizations from 107 countries.
    • Estimated to represent about 1 billion individuals worldwide across various sectors like agriculture, banking, fisheries, health, housing, insurance, and more.
    • It has held consultative status with the UN Economic and Social Council (ECOSOC) since 1946, making it the first NGO to receive this status.
    Custodian of the internationally recognized definition, values, and principles of cooperatives. 
    Structure of ICA Governing Board: A 20-member board responsible for overseeing activities.
    General Assembly: Highest governing authority, with representatives from member organizations, convened at least annually.
    • ICA is divided into four regional organizations:

    1. ICA Asia-Pacific (New Delhi, India),
    2. ICA Africa (Nairobi, Kenya),
    3. Cooperatives Europe (Brussels, Belgium), and
    4. ICA Americas (San José, Costa Rica).

    8 sectoral organizations representing cooperatives in various sectors like agriculture, banking, fisheries, and more.
    5 thematic committees focused on cooperative development, economic sustainability, social responsibility, and advocacy.

    Powers and Functions of ICA Represents cooperatives in international forums, particularly within the United Nations and other multilateral organizations.
    Influences international policies related to social and economic development and sustainable cooperative businesses.
    Promote and define cooperative identity globally, ensuring cooperatives adhere to internationally recognized principles.
    Collects and publishes data about the cooperative sector via reports like the World Cooperative Monitor and ICA Global 300 index.
  • International Criminal Court (ICC)

    Why in the News?

    The International Criminal Court (ICC) has issued arrest warrant for Israeli PM Benjamin Netanyahu accusing them of war crimes and crimes against humanity.

    About the International Criminal Court (ICC)

    Details
    What is it? First international permanent court to prosecute individuals for serious international crimes.
    • Established under the Rome Statute (1998, w.e.f 2002).
    124 countries are States Parties to the Rome Statute.• Headquarters: The Hague, Netherlands.
    Structural Mandate Official languages: English, French, Arabic, Chinese, Russian, and Spanish.
    Members: 124 States Parties to the Rome Statute; Palestine (2015) and Malaysia (2019) became the latest members.
    Notable non-members: India, Israel, the US, Russia, Ukraine, and China.
    Funding: By contributions from member states and voluntary contributions.
    Enforcement: Relies on state cooperation for enforcement, as it does not have its own police force.
    Composition   Judges: Consists of 18 judges elected by the Assembly of States Parties for a term of 9 years.
    Prosecutor: Leads the Office of the Prosecutor and investigates crimes.
    Additional Components: Includes the Trust Fund for Victims (2004), Detention Centre, and the Assembly of States Parties.
    Jurisdiction  Prosecutes 4 main crimes:    

    1. War Crimes: Violations of the laws of war.
    2. Crimes against Humanity: Acts like murder, enslavement, and torture.
    3. Genocide: Intent to destroy a national, ethnical, racial, or religious group.
    4. Crimes of Aggression: Unjustified military action against another state.

    • ICC can only prosecute crimes committed after the Rome Statute’s entry into force (July 1, 2002).

     

    PYQ:

    [2018] “Rule of Law Index” is released by which of the following?

    1. Amnesty International
    2. International Court of Justice
    3. The Office of UN Commissioner for Human Rights
    4. World Justice Project
  • A bilateral investment treaty with a ‘bit’ of change

    Why in the News?

    The bilateral investment treaty (BIT) between India and the United Arab Emirates (UAE), signed earlier this year, has recently been made public. This new treaty will replace the 2014 India-UAE investment agreement and holds significant importance.

    What is the Bilateral Investment Treaty (BIT) for investors?

    • The Model BIT is a framework established by India to guide negotiations for bilateral investment treaties, aiming to protect foreign investments while balancing the state’s regulatory rights.
    • It emphasizes clear definitions, local remedies, and limits on investor-state dispute settlement (ISDS) claims.

    Background of  2024 BIT: 

    • The 2014 India-UAE investment treaty, formally known as the Bilateral Investment Promotion and Protection Agreement (BIPPA), was established to enhance economic cooperation and protect investments between India and the United Arab Emirates.
    • This treaty aimed to create a stable and predictable investment climate for investors from both countries, facilitating foreign direct investment (FDI) flows.
    • The 2014 BIPPA was replaced by a new Bilateral Investment Treaty (BIT) signed in February 2024, which came into effect in August 2024.
    • This new BIT introduces several changes aimed at improving investment protection and reducing arbitral discretion while maintaining India’s regulatory sovereignty.

    What are the implications of India’s revised Model BIT for foreign investors?

    • Enhanced Investor Protection: The new BIT aims to provide greater protection for foreign investments while balancing the state’s right to regulate. This is expected to boost investor confidence by assuring minimum standards of treatment and non-discrimination.
    • Quicker Access to ISDS: The reduction of the local remedies exhaustion period from five years to three years allows investors to access international arbitration more quickly if disputes arise, potentially making India a more attractive destination for foreign investments.
    • Clearer Definitions and Reduced Discretion: By refining the definition of what constitutes an investment and removing subjective criteria related to the significance of investments for host state development, the BIT reduces arbitral discretion, which can lead to more predictable outcomes in dispute resolution.

    How does the India-UAE BIT depart from the Model BIT?

    • Exhaustion of Local Remedies: As noted, the India-UAE BIT lowers the exhaustion period from five years to three years, reflecting India’s responsiveness to concerns about lengthy legal processes in its judicial system.
    • Removal of Development Significance Criterion: The BIT omits the requirement that investments must significantly contribute to the host state’s development—a criterion present in the Model BIT. This change simplifies the definition of what constitutes an investment eligible for protection, reducing subjective interpretations by ISDS tribunals.
    • No Reference to Customary International Law: Unlike the Model BIT, which links treaty violations to customary international law (CIL), Article 4 of the India-UAE BIT does not reference CIL, thereby limiting arbitral discretion and providing clearer grounds for evaluating state actions against investments.
    • Prohibition on Third-Party Funding: The new treaty explicitly disallows third-party funding in ISDS proceedings, which may impact investors’ ability to finance their claims against states without personal financial risk.

    What are the positives and future opportunities for India-UAE BIT relations?

    • Strengthened Economic Cooperation: The BIT is expected to enhance bilateral economic ties by providing a stable legal framework that encourages investment flows between India and the UAE, both of which have significant stakes in each other’s economies.
    • Increased FDI Inflows: With UAE being a key source of foreign direct investment (FDI) for India, estimated at around $19 billion, the new treaty is anticipated to stimulate further investments, benefiting various sectors in both countries.
    • Alignment with Broader Economic Agreements: The BIT complements other agreements such as the Comprehensive Economic Partnership Agreement (CEPA), reinforcing a comprehensive framework for economic collaboration beyond just investment protection.
    • Potential Influence on Future Treaties: India’s approach in negotiating this BIT may serve as a model for future treaties with other countries, reflecting a more flexible stance that could attract additional foreign investments while still safeguarding national interests.

    Conclusion: The India-UAE BIT offers stronger investment protection, quicker dispute resolution, and clearer definitions, fostering bilateral economic ties. This new agreement balances investor rights and state regulation, encourages increased FDI, strengthens economic cooperation, and could influence future treaties for enhanced global investment.

    Mains PYQ:

    Q How will the I2U2 (India, Israel, UAE and USA) grouping transform India’s position in global politics? (UPSC IAS/2022)