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Type: IOCR

  • Foreign Policy Watch: India-SAARC Nations

    [pib] Forum of the Election Management Bodies of South Asia (FEMBoSA)

    IOCRPIB | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: FEMBoSA

    Mains level: Not Much

    The Election Commission of India has handed over the Chair of FEMBoSA to the Election Commission of Bhutan for 2021-22.

    What is FEMBoSA?

    • Forum of the Election Management Bodies of South Asia (FEMBoSA) was established at the 3rd Conference of Heads of Election Management Bodies (EMBs) of SAARC Countries in 2012.
    • The forum aims to increase mutual cooperation with respect to the common interests of the SAARC’s EMBs.
    • The Forum has eight Member Election Management Bodies from Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.
    • The Election Commission of India was the latest Chair of the Forum (now Bhutan).

    Its establishment

    • The first meeting of the representatives of Election Management Bodies of Bangladesh, Bhutan, India, Maldives, Nepal and Pakistan was held in Dhaka, Bangladesh in the year 2010.
    • It was then decided at the conclusion that an organization representing those countries should be established.
    • Consequently, annual meets were held in the member countries and the charter for the organization also was adopted with the aim of fulfilling the objectives of the organization.
    • Since the creation of FEMBoSA, Annual Meetings were held in Pakistan (2011), in India (2012), in Bhutan (2013), in Nepal (2014),  in Sri Lanka (2015), in Maldives (2016), in Afghanistan (2017) and in Bangladesh(2018).

    Objectives of FEMBOSA

    • Promote contact among the Election Management Bodies of SAARC countries
    • Facilitate the appropriate exchange of experience and expertise among members
    • Share experiences with a view to learning from each other
    • Foster efficiency and effectiveness in conducting the free, fair, transparent, and participative election

    Significant activities under FEMBoSA

    • Member organizations celebrate National Voter’s Day in a calendar year in their respective countries
    • An initiative of establishing South Asia Institute for Democracy and Electoral Studies (SAIDES) in Nepal
    • In order to increase knowledge related to elections, take initiatives to include voter education in the school-level textbooks of their respective countries
    • Implementation of recommendations of South Asian Disabilities Organizations for the inclusion of disabled people in the electoral system and the creation of a suitable election environment

    Back2Basics: SAARC

    •  In 1985, at the height of the Cold War, leaders of South Asian nations — namely Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka — created a regional forum.
    • The South Asian Association for Regional Cooperation (SAARC) was established with the goal of contributing “to mutual trust, understanding, and appreciation of one another’s problems.”
    • Afghanistan was admitted as a member in 2007.

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  • Indian Ocean Power Competition

    Five-point Framework for Maritime Security

    IOCR | Security Issues | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Need for maritime cooperation

     

    A week into India’s United Nations Security Council (UNSC) presidency, PM Modi has outlined a five-point framework for maritime security debate at UNSC.

    Maritime Security

    • Maritime security is one of the latest buzzwords of international relations.
    • Major actors in maritime policy, ocean governance and international security have in the past decade started to include maritime security in their mandate or reframed their work in such terms.
    • Core dimensions of maritime security involves the concept of blue economy, food security and the resilience of coastal populations.
    • A secure maritime environment provides the precondition for managing marine resources.

    Threats to maritime security

    Need for an agenda

    • In today’s economy, the oceans have an increased importance, allowing all countries to participate in the global marketplace.
    • More than 80 percent of the world’s trade travels by water and forges a global maritime link.
    • About half the world’s trade by value, and 90 percent of the general cargo, are transported in containers.
    • Many countries have invested significant resources in maritime infrastructure, trade, energy supply chains, cargo movements and processes.
    • China, undeniably a continental country, claims sovereignty over all of the South China Sea islands and their adjacent waters.

    5-point agenda for enhancing maritime cooperation

    [1] Removal of barriers to legitimate maritime trade:

    • Global prosperity depends on the active flow of maritime trade. Any hindrance in maritime trade can threaten the global economy, PM said.
    • Maritime trade has always been part of the civilizational ethos of India.
    • PM termed this principle as ‘SAGAR’ Security and Growth for All in the Region.

    [2] Resolution of maritime disputes peacefully in accordance with international law:

    [3] Fight threats from natural disasters, non-state actors:

    • PM said the Indian Navy has been patrolling to counter piracy in the Indian Ocean since 2008.
    • It is enhancing the common maritime domain awareness of the region through our White Shipping Information Fusion Centre.
    • India has provided support for hydrographic surveying and training of maritime security personnel to several countries.

    [4] Conservation of marine resources:

    • Our oceans directly impact our climate. Hence, it is very important that we keep our maritime environment free of pollutants like plastic waste and oil spills.
    • We also need to take joint steps against over-fishing and marine poaching, PM said.
    • He also emphasized the need for increased mutual cooperation in Ocean Science research.

    [5] Promoting responsible maritime connectivity:

    • PM said it is well understood that the creation of infrastructure is necessary to boost maritime trade.
    • He advocated for appropriate global norms and standards to ensure that such infrastructure projects are carried out as per the fiscal sustainability and absorption capacity of the host countries.

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  • India’s Bid to a Permanent Seat at United Nations

    India set to take over as President of the UNSC

    IOCR | International Relations | Mains Paper 2: Important International Institutions

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: United Nations Security Council

    Mains level: UNSC reforms

    India will take over the Presidency of the UN Security Council on August 1 and is set to host signature events in three major areas of maritime security, peacekeeping, and counterterrorism during the month.

    Key agendas on the table

    During its Presidency, India will be organizing high-level signature events in three major areas:

    • Maritime security
    • Peacekeeping and
    • Counterterrorism

    About United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.
    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Security Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms. The body’s presidency rotates monthly among its members.

    Issues with UNSC

    (1) Non-representative

    • UNSC in its current form is not representative of the developing world and global needs — with the primacy of policy being a political tool in hands of P5.
    • By 1992, India, Brazil, Germany, and Japan (referred as G4) had put up their claims and logic for demanding inclusion as permanent members.
    • India has been part of UN since its inception and has contributed maximum peacekeepers to UN so far, has a strong case.
    • Brazil is the largest country in Latin America (unrepresented continent) and fifth-largest in the world. Japan and Germany are one of the largest financial donors to UN.

    (2) Rivalry with G4

    • The pitch for reforms of G4 was lowered by their regional rivals like Italy, Pakistan, Mexico and Egypt.
    • They started formulation of another interest group, known to be “Uniting for Consensus” opposing G4 becoming permanent members with veto power.

    (3) Rigid framework

    • Reforms in the UNSC also require an amendment to the UN charter, in accordance with Article 108.
    • This highlights that any reform of the Security Council not only requires the support of at least two-thirds of UN member states but also all the permanent members.

    (4) Veto power

    • The stance of P5 members to expansion has been varying as per their national interest, like most P5 members agree to Indian inclusion, except China.
    • It becomes obvious that even if one member of P5 doesn’t agree to any reform, the UNSC cannot be reformed.
    • There have been many proposals since its inception from totally abolishing veto power to selectively using it for vital national security issues.

    (5) No consensus

    • It has been seen in past that the UNSC, in some of the major global security issues, could not arrive at a consensus and interventions that happened by countries mainly from P5 without UNSC resolution.
    • US entry in Iraq war or Warsaw Pact war in Afghanistan are few cases in point.
    • The UNSC has thus become an organization, which can pass strong resolutions against weak countries, weak resolutions against strong countries and no resolution against P5 countries.

    Suggested reforms

    • Expansion: Besides the existing P5 members, an expansion of UNSC from five to 10 permanent members, with the addition of G4 and South Africa. This will provide equitable regional representation besides balancing the developing and developed world to meet the aspirations of humanity.
    • Abolition of veto: The expansion of P5 without veto power makes very little impact on the problems, because of which the reforms are required. Ideally the veto power should be abolished.

    Will UNSC reforms ever happen?

    • Under the given charter, articles and structures, there is very little hope for UNSC reforms in near future.
    • The lack of reforms can push the credibility crisis of UN to a degree that it becomes unsustainable for it to function, or incidences of side-lining the UN increase manifold.
    • If the UNSC does not appoint new permanent members then its primacy may be challenged by some of the new emerging countries.
    • There is also a possibility that if UN doesn’t reform itself, it may lose relevance and alternate global and regional groupings may assume greater importance.
    • No P5 member is likely to compromise this power in its own national interest, which is generally prioritized before global interest, thus making the reformation process a mirage.

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

    [pib] India improves score in Ease of Cross-Border Trade

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

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: UNESCAP

    Mains level: Ease of Cross-Border Trade

    As per the latest UN Global Survey on Digital and Sustainable Trade Facilitation, India’s rank moved up from 78.49% in 2019 to 90.32% in 2021.

    About the Survey

    • The Global Survey on Digital and Sustainable Trade Facilitation is conducted every two years by UNESCAP.
    • The 2021 Survey includes an assessment of 58 trade facilitation measures covered by the WTO’s Trade Facilitation Agreement.
    • The Survey is keenly awaited globally as it evidences whether or not the trade facilitation measures being taken have the desired impact and helps draw comparison amongst countries.
    • A higher score for a country also helps businesses in their investment decisions.

    Global performance

    • Among developed countries, Australia, New Zealand, Netherlands, Japan, and Belgium have scored more than 93%.
    • In South Asia, Bangladesh and Sri Lanka were behind India with a score of 64.5% and 60.2%, the survey showed.

    India’s improvement

    • India has scored 90.32% in United Nation’s Economic and Social Commission for Asia Pacific’s (UNESCAP) latest Global Survey on Digital and Sustainable Trade Facilitation.
    • The Survey hails this as a remarkable jump from 78.49% in 2019.

    India’s significant improvement in the scores on all 5 key indicators, as follows:

    1. Transparency:100% in 2021 (from 93.33% in 2019)
    2. Formalities: 95.83% in 2021 (from 87.5% in 2019)
    3. Institutional Arrangement and Cooperation: 88.89% in 2021 (from 66.67% in 2019)
    4. Paperless Trade: 96.3% in 2021 (from 81.48% in 2019)
    5. Cross-Border Paperless Trade: 66.67% in 2021 (from 55.56% in 2019)
    • The Survey notes that India is the best-performing country when compared to the South and southwest Asia region (63.12%) and the Asia Pacific region (65.85%).
    • The overall score of India has also been found to be greater than many OECD countries including France, UK, Canada, Norway, Finland etc. and the overall score is greater than the average score of EU.
    • India has achieved a 100% score for the Transparency index and 66% in the “Women in trade” component.

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  • Child Rights – POSCO, Child Labour Laws, NAPC, etc.

    US puts Pakistan, Turkey on Child Soldier Recruiter List

    IOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: CRC treaty

    Mains level: Child rights abuse

    The US has added Pakistan and 14 other countries to a Child Soldier Recruiter List that identifies foreign governments having government-supported armed groups that recruit or use child soldiers.

    Who is a child soldier?

    • The recruitment or use of children below the age of 15 as soldiers is prohibited by the UN Convention on the Rights of the Child (CRC).
    • Currently, 193 countries have ratified the CRC.
    • The CRC requires state parties to “take all feasible measures” to ensure that children under 18 are not engaged in direct hostilities.
    • It further prohibits the state parties from recruiting children under 15 into the armed forces.
    • It is considered a war crime under the Rome Statute of the International Criminal Court.
    • In addition, the Optional Protocol to the CRC further prohibits kids under the age 18 from being compulsorily recruited into state or non-state armed forces or directly engaging in hostilities.
    • The United States is a party to the Optional Protocol.

    What is US law?

    • The US adopted the Child Soldiers Prevention Act (CSPA) in 2008.
    • The CSPA prohibits the US government from providing military assistance, including money, military education and training, or direct sales of military equipment, to alleged countries.

    What is prohibited for countries on the list?

    The following types of security assistance are prohibited for countries that are on the list:

    • Licenses for direct commercial sales of military equipment
    • Foreign military financing for the purchase of defence articles and services, as well as design and construction services
    • International military education and training
    • Excess defence articles
    • Peacekeeping operations

    Criticism of the treaty

    • International treaties like CRS are valuable and necessary tools to establish international norms as they raise awareness regarding human rights abuses.
    • However, these treaties are limited in scope and nature, and they tend to be idealistic rather than practicable.
    • The UN’s mechanisms only bind state parties that ratify the treaties.
    • It, therefore, has no authority over countries that are not parties to the convention or are non-state entities, such as rebel militias recruiting child soldiers.
    • While the UN views its treaties and conventions as binding on state parties, it has no police power mechanism to enforce its decisions.
    • Therefore, the CRC and its Optional Protocol are limited by the signatories’ willingness to comply. Somalia, for example, is a signatory but it hasn’t ratified the convention.

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  • Oil and Gas Sector – HELP, Open Acreage Policy, etc.

    OPEC+ seeks consensus on oil output

    IOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: OPEC, OPEC Plus

    Mains level: Global crude oil pricing mechanisms

    OPEC+ has failed to reach a deal on oil output policy because the United Arab Emirates blocked some aspects of the pact.

    About OPEC

    • OPEC is a permanent, intergovernmental organization, created at the Baghdad Conference in 1960, by Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela.
    • It aims to manage the supply of oil in an effort to set the price of oil in the world market, in order to avoid fluctuations that might affect the economies of both producing and purchasing countries.
    • It is headquartered in Vienna, Austria.
    • OPEC membership is open to any country that is a substantial exporter of oil and which shares the ideals of the organization.
    • Today OPEC is a cartel that includes 14 nations, predominantly from the middle east whose sole responsibility is to control prices and moderate supply.

    What is OPEC+?

    • The non-OPEC countries which export crude oil along with the 14 OPECs are termed as OPEC plus countries.
    • OPEC plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, and Sudan.
    • Saudi and Russia, both have been at the heart of a three-year alliance of oil producers known as OPEC Plus — which now includes 11 OPEC members and 10 non-OPEC nations — that aims to shore up oil prices with production cuts.

    Must read:

    [Burning Issue] Oil Prices and OPEC+

    Concerns for India

    • Rising oil prices are posing fiscal challenges for India, where heavily-taxed retail fuel prices have touched record highs, threatening the demand-driven recovery.
    • India imports about 84% of its oil and relies on West Asian supplies to meet over three-fifths of its demand.
    • As one of the largest crude-consuming countries, India is concerned that such actions by producing countries have the potential to undermine consumption-led recovery.
    • This would hurt consumers, especially in our price-sensitive market.

    Answer this PYQ in the comment box:

    Q.The term ‘West Texas Intermediate’, sometimes found in news, refers to a grade of (CSP 2020):

    (a) Crude oil

    (b) Bullion

    (c) Rare earth elements

    (d) Uranium

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  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition

    IOCR | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: LEAF Coalition

    Mains level: Not Much

    At the recently concluded Leaders’ Summit on Climate in April 2021, the Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition was announced.

    LEAF Coalition

    • LEAF Coalition is a collective of the US, UK and Norway governments.
    • It is a public-private effort, thus supported by transnational corporations (TNCs) like Unilever plc, Amazon, Nestle, Airbnb etc.
    • It came up with a $1 billion fund plan that shall be offered to countries committed to arresting the decline of their tropical forests by 2030.
    • The LEAF coalition initiative is a step towards concretizing the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.

    How does this coalition work?

    • The LEAF Coalition can help reverse the trend by providing unprecedented financial support to tropical forest governments implementing forest protection, contributing to green and resilient growth through sustainable investments.
    • It empowers tropical and subtropical forest countries to move more rapidly towards ending deforestation while supporting them in achieving their Nationally Determined Contributions (NDCs) under the Paris Agreement.
    • Reductions in emissions are made across entire countries or large states and provinces (“jurisdictions”) through programs that involve all key stakeholders, including Indigenous peoples and local communities.

    Why is it significant?

    • Financial impetus is crucial as it incentivizes developing countries to capture extensive deforestation and provide livelihood opportunities to forest-dependent populations.
    • The initiative comes at a crucial time when the tropics have lost close to 12.2 million hectares (mha) of tree cover year last year according to global estimates released by Global Forest Watch.
    • Most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
    • India’s estimated loss in 2020 stands at 20.8-kilo hectares due to forest fires

    What lies next?

    • Implementation of the LEAF Coalition will help pump in fresh rigour among developing countries like India, that are reluctant to recognize the contributions of their forest-dwelling populations in mitigating climate change.
    • With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
    • Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest-dwelling population.

    Answer this PYQ in the comment box:

    With reference to ‘Forest Carbon Partnership Facility’, which of the following statements is/ are correct?  (CSP 2013)

    1. It is a global partnership of governments, businesses, civil society and indigenous peoples.
    2. It provides financial aid to universities, individual scientists and institutions involved in scientific forestry research to develop eco-friendly and climate adaptation technologies for sustainable forest management.
    3. It assists the countries in their ‘REDD+ (Reducing Emissions from Deforestation and Forest Degradation+)’ efforts by providing them with financial and technical assistance.

    Select the correct answer using the code given below:

    (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

    Back2Basics: REDD+

    • REDD+ is a mechanism developed by Parties to the United Nations Framework Convention on Climate Change (UNFCCC).
    • It creates a financial value for the carbon stored in forests by offering incentives for developing countries to reduce emissions from forested lands and invest in low-carbon paths to sustainable development.
    • Developing countries would receive results-based payments for results-based actions.
    • REDD+ goes beyond simply deforestation and forest degradation and includes the role of conservation, sustainable management of forests and enhancement of forest carbon stocks.
    • It aims to create incentives for communities so that they stop forest degrading practices.

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  • G20 : Economic Cooperation ahead

    OECD-G20 Inclusive Framework Tax Deal

    IOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Global Minimum Tax, BEPS

    Mains level: Global Minimum Tax Debate

    India has joining the OECD-G20 framework for a global minimum tax.

    Must read

    What is Global Minimum Corporate Tax?

    What is this tax deal?

    • The proposed solution consists of two components:
    1. Pillar One is about the reallocation of an additional share of profit to the market jurisdictions and
    2. Pillar Two consists of minimum tax and subject to tax rules
    • Some significant issues including share of profit allocation and scope of subject to tax rules, remain open and need to be addressed.
    • Further, the technical details of the proposal will be worked out in the coming months and a consensus agreement is expected by October.

    Why did India join?

    • The principles underlying the solution vindicates India’s stand for a greater share of profits for the markets, consideration of demand-side factors in profit allocation.
    • There is a need to seriously address the issue of cross border profit shifting and need for the subject to tax rules to stop treaty shopping.
    • India is in favour of a consensus solution that is simple to implement and simple to comply with.
    • At the same time, the solution should result in the allocation of meaningful and sustainable revenue to market jurisdictions, particularly for developing and emerging economies.

    What is Base Erosion and Profit Shifting (BEPS)?

    • BEPS refers to corporate tax planning strategies used by multinationals to “shift” profits from higher-tax jurisdictions to lower-tax jurisdictions.
    • It thus “erodes” the “tax base” of the higher-tax jurisdictions.
    • Corporate tax havens offer BEPS tools to “shift” profits to the haven, and additional BEPS tools to avoid paying taxes within the haven.
    • It is alleged that BEPS is associated mostly with American technology and life science multinationals.

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  • Cyber Security – CERTs, Policy, etc

    Global Cybersecurity Index 2020

    IOCR | Security Issues | Mains Paper 3: Cyber Security

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Global Cybersecurity Index

    Mains level: Cyber security challenges for India

    India has made it to the top 10 in Global Cybersecurity Index (GCI) 2020 by ITU, moving up 37 places to rank as the tenth best country in the world on key cybersafety parameters.

    Global Cybersecurity Index

    • GCI assessment is done on the basis of performance on five parameters of cybersecurity including legal measures, technical measures, organizational measures, capacity development, and cooperation.
    • The performance is then aggregated into an overall score.
    • For each of the five aspects, all the countries’ performance and commitment are assessed through a question-based online survey, which further allowed for the collection of the supporting evidence.

    India’s progress

    • As per the ranking, India has moved up by 37 places to rank as the tenth best country in the world.
    • The US topped the chart, followed by the UK and Saudi Arabia tied on the second position, while Estonia was ranked third in the index.
    • India has also secured the fourth position in the Asia Pacific region, underlining its commitment to cybersecurity.

    Its significance

    • The affirmation by the UN body of India’s efforts on cybersecurity comes just ahead of the sixth anniversary of Digital India on July 1.
    • India is emerging as a global IT superpower, asserting its digital sovereignty with firm measures to safeguard data privacy and online rights of citizens.

    Back2Basics: International Telecommunication Union

    • ITU is the United Nations specialized agency for information and communication technologies – ICTs.
    • Founded in 1865 to facilitate international connectivity in communications networks. It is Headquartered in Geneva, Switzerland.
    • It allocates global radio spectrum and satellite orbits, develops the technical standards that ensure networks and technologies seamlessly interconnect, and strives to improve access to ICTs to underserved communities worldwide.
    • Recently, India got elected as a member of ITU Council for another 4-year term – from 2019 to 2022. India has remained a regular member since 1952.

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  • Civil Aviation Sector – CA Policy 2016, UDAN, Open Skies, etc.

    What is Chicago Convention of 1944?

    IOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Chicago Convention of 1944

    Mains level: NA

    A private commercial flight was forced to make an emergency landing in Minsk by a MiG-29 fighter jet of Belarus.  The incident received considerable global attention.

    How justified was Belarus in taking such a decision?

    • The answer lies at the junction of Belarus’s domestic laws as a sovereign country and international laws governing the action that states can legitimately take to deal with threats to security, real or perceived.
    • The issue of the use of military aircraft to neutralize potential threats posed by civilian aircraft acquired a different kind of urgency in the aftermath of terrorist attacks in the US on September 11, 2001.
    • Generally speaking, international law grants sovereignty to nations over their airspace as it does in territorial waters.

    The Chicago Convention of 1944

    • The Convention on International Civil Aviation, better known as the Chicago Convention of 1944, to which Belarus is a signatory state, prohibits any unlawful intervention against a civilian aircraft.
    • At the same time, it has various provisions under Article 9 which permit a sovereign state the right to impose restrictions.
    • This includes enforced landings at a designated airport in its territory, in “exceptional circumstances or during a period of emergency, or in the interest of public safety”.
    • Once a flight has landed, Article 16 provides the host country the right to board/search the aircraft.
    • This is probably the clause that provided cover for the local authorities to board Mr. Morales’s aircraft in Austria in 2013.
    • But the Chicago Convention applies only to civilian aircraft of the contracting parties.

    Other such laws

    • International law might also have to be examined in light of the International Air Services Transit Agreement (IASTA), also concluded in Chicago in 1944.
    • According to this agreement, contracting states grant to one another the freedom of air transit in respect of scheduled international air services, that is, the privilege to fly across territories without landing.
    • Belarus is not a signatory of IASTA.

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