The Ministry of Ports, Shipping and Waterways has approved the project proposal for setting up a Major Port at Vadhavan, Palghar District of Maharashtra.
About Vadhavan Port Project
The project involves the development of core infrastructure, terminals, and other commercial infrastructure through a public-private partnership (PPP) mode.
The shareholding for the project is divided between the Jawaharlal Nehru Port Authority (74%) and the Maharashtra Maritime Board (26%).
The project aims to create a total capacity of 298 million metric tonnes per annum (MMTPA).
The port will accommodate mainline mega vessels operating on international shipping routes connecting the Far East, Europe, the Middle East, Africa, and America.
Existing Major Ports in India
India has 12 Major Ports: Chennai, Cochin, Deendayal (Kandla), Jawaharlal Nehru (Nhava Sheva), Kolkata, Mormugao, Mumbai, New Mangalore, Paradip, V.O. Chidambaranar (Tuticorin), Visakhapatnam, and Kamarajar Port Limited.
Private Sector participation is allowed in Major Ports for specific projects/berths/terminals through concession agreements for a specific period via open competitive bidding on revenue share/royalty between the Concessionaire and the Major Port Authority.
After the expiry of the concession period, the asset is handed over to the Port Authority.
Significance of Major Ports
Major ports play a critical role in facilitating international trade and commerce.
They serve as gateways for the import and export of goods, significantly contributing to the country’s economy.
Ports generate substantial revenue for the government through customs duties, port fees, and other related charges.
Ports facilitate international collaboration and partnerships, enhancing diplomatic and trade relations with other countries.
PYQ:
[2016] Recently, which of the following States has explored the possibility of constructing an artificial inland port to be connected to sea by a long navigational channel?
Q1 The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)
Q2 Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in the past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (UPSC IAS/2020)
Note4Students:
Prelims: Money Bill
Mains: Issues related to Money Bill
Mentor comments: In the coming weeks, a seven-judge Bench of the Supreme Court of India will address key questions regarding the definition and scope of a Money Bill. The ruling will impact numerous legislations passed recently without Rajya Sabha approval. The case, stemming from the November 2019 Rojer Mathew vs. South Indian Bank Ltd. verdict, challenges the Finance Act, 2017. This Act, certified as a Money Bill, made extensive changes to 26 tribunals’ authority and jurisdiction, including their abolition, merger, and the imposition of new qualifications and service conditions.
Let’s learn!
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Why in the News?
The Supreme Court’s ruling will impact legislation passed without the Rajya Sabha’s approval and influence the state of India’s federal structure.
Articles and definitions: •Article 109: Allows Money Bills to become law with only the Lok Sabha’s approval; Rajya Sabha can only make recommendations, which are not binding. •Article 110(1): Defines a Money Bill, listing subjects such as taxation, borrowing, and appropriation from the Consolidated Fund of India. A Bill must address only these subjects to be deemed a Money Bill. •Article 110(3): Grants the Speaker of the Lok Sabha the final authority to determine if a proposed legislation is a Money Bill.
A colourable exercise of power:
This term refers to actions taken by a legislative body that, while appearing to be within their authority, actually circumvent constitutional limits or principles.
In the context of the Finance Act, 2017, the petitioners argue that the Act’s provisions extend beyond the permissible scope of a Money Bill, thereby constituting a subterfuge to bypass the Rajya Sabha.
Arguments Against the Finance Act, 2017
The Finance Act, 2017, included extensive amendments affecting the terms of office, qualifications, and regulatory powers of tribunals. These changes were seen as far-reaching and not merely incidental to financial matters, which should be the sole concern of a Money Bill as defined in Article 110(1) of the Constitution.
The Act conferred significant powers to the executive to regulate tribunals through delegated legislation. This delegation was criticized as granting unbridled authority, undermining the independence of the judiciary.
The petitioners contended that the Act perverted the Constitution’s plain language, aiming to defeat its fundamental principles, particularly the separation of powers and the independence of the judiciary.
Judicial Precedents and Constraints
K.S. Puttaswamy Case: The majority in the Rojer Mathew case felt constrained by the precedent set in K.S. Puttaswamy vs. Union of India, where the Supreme Court upheld the classification of the Aadhaar Act as a Money Bill. The majority opinion noted that the Puttaswamy case did not adequately clarify the implications of the word “only” in Article 110(1), which is crucial for determining the legitimacy of a Money Bill.
Need for Clear Standards: The lack of bright-line rules regarding the Speaker’s certification of a Bill as a Money Bill has led to ambiguity. The Rojer Mathew case emphasizes the necessity for a definitive interpretation of what constitutes a Money Bill to prevent future misuse of this classification.
Implications of the Rojer Mathew Case
Potential for Future Challenges: The outcome of the Rojer Mathew case could have significant implications for the classification of future legislation as Money Bills, particularly regarding the balance of power between the Lok Sabha and Rajya Sabha.
Broader Legislative Impact: If the seven-judge Bench decides to interpret the term “only” in a manner that restricts the scope of Money Bills, it could limit the legislative powers exercised through this route, thereby reinforcing constitutional safeguards against the misuse of legislative authority.
Role of Rajya SabhaFederal Backbone:
•Justice D.Y. Chandrachud emphasized that the Rajya Sabha is an “indispensable constitutive unit of the federal backbone of the Constitution.” It represents the interests of states and ensures their voices are heard in the legislative process. •Representation of Pluralism: The Rajya Sabha acts as a mirror to the pluralistic nature of Indian society, reflecting diverse regional and cultural interests that may not be adequately represented in the Lok Sabha.
Checks and Balances •Preventing Authoritarianism: The Rajya Sabha serves as a check on the Lok Sabha, especially when the ruling party has a significant majority. It can prevent hasty or ill-considered legislation driven by populist sentiment. •Deliberative Role: As a deliberative body, the Rajya Sabha provides a platform for thorough debate on major issues, allowing for a more measured approach to law-making compared to the often fast-paced decisions of the Lok Sabha.
Legislative Review • The Rajya Sabha is designed to review and re-evaluate legislation passed by the Lok Sabha, ensuring that laws are carefully considered and that potential flaws are addressed before enactment. • It acts as a guardian of the rights of states, promoting decentralization and ensuring that state interests are adequately represented in national legislation.
Representation of Vulnerable Sections •Inclusivity: The Rajya Sabha allows for representing marginalized and minority groups, providing them a voice in the legislative process. This is particularly important for women, and religious, ethnic, and linguistic minorities who may struggle to gain representation in the Lok Sabha. • The President nominates members to the Rajya Sabha for their expertise in various fields, ensuring that diverse perspectives are included in legislative discussions.
Way forward:
Clarification of Money Bill Criteria: The Supreme Court should provide a clear and definitive interpretation of Article 110, particularly the implications of the term “only” in defining what constitutes a Money Bill.
Strengthening the Role of the Rajya Sabha: The Court’s ruling should reinforce the importance of the Rajya Sabha as a critical component of India’s federal structure.
During his welcome of Vietnamese Prime Minister Pham Minh Chinh, Prime Minister Narendra Modi emphasized the significance of freedom of navigation while subtly referencing China.
Evolution of Bilateral Relations to Strategic Partnership
Early Relations: Cultural and economic links between India and Vietnam date back to the 2nd century, with significant support from India during Vietnam’s struggles against colonialism and foreign intervention, particularly during the Vietnam War.
Formal Diplomatic Relations: Official diplomatic relations were established in 1992, marking the beginning of extensive economic ties, including cooperation in oil exploration, agriculture, and manufacturing.
Upgrade to Strategic Partnership (2007): The relationship was elevated to a “Strategic Partnership” during Vietnamese Prime Minister Nguyen Tan Dung’s visit to India in July 2007. This marked a significant step in formalizing cooperation across various sectors, particularly in defence and security.
Comprehensive Strategic Partnership (2016): During Indian Prime Minister Narendra Modi’s visit to Vietnam in September 2016, the partnership was further upgraded to a “Comprehensive Strategic Partnership.” This upgrade emphasized enhanced cooperation in defence, trade, and cultural exchanges, as well as a shared commitment to regional security.
Vietnam’s Remarkable Strides under Communist Party of Vietnam (CPV) Leadership
Economic Development: Under the CPV’s leadership, Vietnam has experienced significant economic growth and development, embracing a foreign policy of independence and multilateralism.
This approach has positioned Vietnam as a reliable partner in the region, fostering deeper economic ties with countries like India.
Strategic Investments: Vietnam has actively sought to attract Indian investments in various sectors, including renewable energy, pharmaceuticals, and technology.
The Vietnamese government has expressed gratitude for India’s support during the COVID-19 pandemic, particularly in vaccine distribution, which has further solidified ties between the two nations.
Building Bridges in Strategic Relationship through Foreign Policy
Shared Vision for the Indo-Pacific: Both Prime Ministers emphasized their commitment to a free, open, and rules-based Indo-Pacific.
Indian PM’s assertion that India supports development, not expansionism, reflects a mutual stance against aggressive territorial claims, particularly in the South China Sea, where both nations advocate for adherence to international law.
Collective Approach to Conflicts: The leaders highlighted the importance of a collective approach to resolving regional conflicts, including those in Myanmar and West Asia.
This stance underscores their commitment to multilateralism and regional stability, with Vietnam recognizing India’s role as a stabilizing force in the Indo-Pacific.
Significance of the Visit
Strengthening Strategic Ties: Prime Minister Chinh’s visit signifies a deepening of the strategic partnership, with both sides committing to enhanced cooperation in defence, maritime security, and economic development.
The agreement on a $300 million credit line for Vietnam’s maritime capabilities is a notable outcome of the discussions.
Cultural and Economic Connectivity: The visit also marked the signing of multiple agreements across various sectors, including customs, agriculture, and traditional medicine, demonstrating a comprehensive approach to enhancing bilateral relations.
The establishment of digital payment connectivity is another step towards strengthening economic ties.
Way forward:
Strengthening Economic and Trade Ties: Both nations should focus on achieving the proposed bilateral trade target of $20 billion by expanding cooperation in key sectors such as renewable energy, technology, and agriculture.
Enhancing Defense and Security Cooperation: To address regional security challenges, particularly in the context of the South China Sea, India and Vietnam should deepen their defence and security collaboration.
The Union Budget for 2024-25 announced that “a policy will be introduced to promote pumped storage projects aimed at electricity storage and ensuring the seamless integration of the increasing share of renewable energy.
Why is renewable power generation subject to variations and weather changes?
Due to Intermittent nature: Renewable energy sources, particularly solar and wind, are inherently intermittent. Solar energy is only available during daylight hours and is affected by weather conditions such as cloud cover, while wind energy varies with wind speed and direction. This variability leads to fluctuations in power generation, making it challenging to match supply with demand consistently.
Daily and Seasonal Variations: The generation capacity of renewable sources can change significantly over short periods (hours to days) and longer periods (seasonal). For instance, solar power generation peaks during sunny days and drops to zero at night, while wind power can vary greatly depending on seasonal weather patterns.
Significance of Pumped Storage Projects
Grid Stabilization: Pumped storage projects are critical for stabilizing the power grid by addressing the variability and intermittency of renewable energy sources like solar and wind.
Energy Storage Capacity: PSPs account for over 94% of the installed global energy storage capacity, making them the most widely used technology for large-scale energy storage.
Flexible Energy Generation: These projects can provide both base load and peaking power, offering flexibility in energy generation.
Environmental Benefits: Pumped storage is a clean and environmentally friendly technology.
Economic Viability: The cost of energy from pumped storage is competitive compared to other energy storage technologies.
How do Power Managers decide which energy source to use?
Use of forecasting Techniques: Power managers utilize advanced forecasting techniques to predict renewable energy generation based on expected weather conditions. This allows them to plan the operation of different power plants in advance, ensuring a steady supply of electricity.
Demand and Supply Management: Decisions on which energy source to use are based on real-time demand and the availability of renewable energy. When there is a surplus of renewable energy (e.g., during sunny or windy periods), it may be used to pump water in pumped storage systems. Conversely, when renewable generation is low, power managers may rely on more stable sources like hydro, coal, or nuclear power to meet demand.
Where are some of the Pumped Storage Projects of India situated?
Kadamparai: Located in Tamil Nadu, this facility has a capacity of 400 MW and operates by pumping water to a higher reservoir during periods of surplus power generation.
Other Notable Projects: India has several other pumped storage projects, including those at Nagarjunasagar, Kadana, and Panchet. These facilities contribute to managing the variability of renewable energy generation in the country.
How do the reservoirs in Kadamparai, Tamil Nadu operate?
The Kadamparai pumped storage plant consists of two reservoirs at different elevations. Water is pumped from the lower reservoir to the upper reservoir when there is surplus power available, typically from solar or wind sources.
When demand rises, especially during peak evening hours, water flows from the upper reservoir to the lower reservoir, turning turbines to generate electricity. This operation allows the plant to provide power for three to four hours during peak demand periods, effectively stabilizing the grid.
The plant can switch between pumping and generating modes, allowing it to respond quickly to changes in power demand. This flexibility is crucial for integrating variable renewable energy sources into the grid.
Conclusion: The need to Develop a robust and flexible grid infrastructure that can efficiently handle the integration of renewable energy sources is crucial. Implementing smart grid technologies, including real-time monitoring, advanced forecasting techniques, and automated demand-response systems, can optimize the balance between supply and demand.
However, the seven-judge Bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, emphasized that this must be grounded on “quantifiable and demonstrable data” rather than political motivations.
Why sub-classification is necessary?
Addressing Inequality Within SCs: The Supreme Court ruling emphasizes that SCs are not a homogeneous group. Instead, there are significant disparities in socio-economic and educational status among different castes within the SC category.
Sub-classification allows for the identification of those who are more disadvantaged and ensures that benefits are equitably distributed among them.
Equitable Distribution of Benefits: States have argued that despite existing reservations, certain castes remain grossly underrepresented compared to others.
Sub-classification aims to create separate quotas for these underrepresented groups within the SC quota, thereby promoting fairness and equity in the distribution of affirmative action benefits.
Legal Precedent and Historical Evidence: The majority opinion of the Supreme Court referenced historical and empirical evidence indicating that specific castes within the SCs face greater oppression and discrimination.
Judicial Oversight: The ruling stipulates that any sub-classification must be based on “quantifiable and demonstrable data” regarding levels of backwardness and representation, ensuring that the process is transparent and justifiable.
What does the creamy layer principle say?
Exclusion of the Creamy Layer: The creamy layer principle refers to the exclusion of the more affluent and advanced members within a backward class from receiving reservation benefits. This principle is currently applied to Other Backward Classes (OBCs) but has been suggested for implementation within SCs and STs as well.
Achieving True Equality: Justice B.R. Gavai, in his concurring opinion, emphasized the need for states to identify and exclude the creamy layer among SCs and STs to ensure that affirmative action benefits reach those who are genuinely disadvantaged.
Historical reason: The creamy layer principle has been upheld in various Supreme Court judgments (Indra Sawhney judgment in 1992), which have recognized that certain individuals within reserved categories may have advanced socio-economic status and should not benefit from reservations intended for the disadvantaged.
Way forward:
Data Collection and Analysis: States should prioritize the collection of comprehensive and quantifiable data on the socio-economic status of different castes within the SC and ST categories.
Policy Framework for Creamy Layer Exclusion: States should develop clear policies to identify and exclude the creamy layer within SCs and STs from reservation benefits.
Union Minister of State for Home Nityanand Rai presented the Disaster Management (Amendment) Bill, 2024 in the Lok Sabha on Thursday.
Proposed Provisions in the Bill
Creation of a Disaster Database: The Bill mandates the establishment of a comprehensive disaster database at both national and state levels, which will include disaster assessments, fund allocation details, expenditures, preparedness and mitigation plans, and a risk register based on the type and severity of risks.
Urban Disaster Management Authority: It proposes the formation of an “Urban Disaster Management Authority” for state capitals and large cities with municipal corporations, aimed at enhancing local disaster management capabilities.
Empowerment of NDMA and SDMAs: The Bill empowers the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs) to prepare disaster management plans, replacing the previous role of the National Executive Committee and State Executive Committees.
Periodic Risk Assessment: The NDMA is tasked with periodically assessing the entire range of disaster risks in the country, including emerging risks due to extreme climate events.
Statutory Status for Pre-Act Organizations: The Bill provides statutory recognition to certain pre-existing organizations, such as the National Crisis Management Committee and the High-Level Committee.
Penalties for Non-Compliance: It includes provisions allowing the Central and State governments to impose penalties for actions that hinder disaster management efforts, with fines not exceeding ₹10,000.
Substantial Questions on Excessive Powers
Concerns Over Central Authority: Opposition members, including Congress leader Manish Tewari, raised concerns that the Bill grants excessive rule-making powers to the Central government, potentially encroaching upon the legislative powers reserved for State governments.
Constitutional Validity: Questions were raised regarding the constitutional basis for the Bill, as disaster management is not explicitly mentioned in the subjects of the Concurrent List.
Multiplicity of Authorities: Critics, including Trinamool Congress member Sougata Roy, expressed concerns that the creation of multiple authorities could lead to confusion and bureaucratic inefficiencies, potentially hampering effective disaster response.
Need to aim for more clarity
Clarification of roles: The Bill aims to bring more clarity and convergence in the roles of various authorities and committees involved in disaster management, addressing the need for streamlined coordination among stakeholders.
Enhanced Local Management: By empowering local authorities through the establishment of Urban Disaster Management Authorities, the Bill seeks to ensure that disaster management plans are more relevant and tailored to specific regional challenges.
Alignment with Development Plans: The Bill emphasizes the need to mainstream disaster management into development plans, aligning with recommendations from the Fifteenth Finance Commission and ensuring that disaster risk reduction is integrated into broader governance frameworks.
Way forward:
Strengthening Collaboration with State Governments: To address concerns about excessive central authority and potential overlaps with state powers, it is crucial to establish a framework for ongoing collaboration between the Central and State Disaster Management Authorities.
Implementing a Comprehensive Training and Capacity-Building Program: The successful implementation of the proposed Urban Disaster Management Authorities and the broader disaster management framework will depend on the capacity of local officials and stakeholders.
Mains PYQ:
Q Discuss the recent measures initiated in disaster management by the Government of India departing from the earlier reactive approach. (2020)
The Union Food and Consumer Affairs Minister announced that States can now directly purchase rice from the Food Corporation of India (FCI) under the Open Market Sale Scheme (Domestic) without participating in e-auctions.
Key Announcements:
Direct Rice Purchase of Rice by the States:
States can procure rice directly from FCI at ₹2,800 per quintal (excluding transportation cost), down from the earlier rate of ₹2,900 per quintal.
Recent reports suggest that the government might reduce or discontinue the Sovereign Gold Bond (SGB) scheme due to its high cost.
Decline in Popularity of SGB:
This speculation follows the Union budget’s decision to slash customs duties on gold and silver from 15% to 6%.
The reduction in customs duties is expected to decrease demand for SGBs, which has already led to a 2-5% drop in their prices on the National Stock Exchange (NSE).
About Sovereign Gold Bonds (SGBs)
Details
Launch
2015
Nature
Government securities denominated in grams of gold.
Issued by RBI.
Objective
Reduce dependence on gold imports and shift savings from physical gold to paper form.
Eligibility
Resident in India, including individuals, HUFs, trusts, universities, and charitable institutions.
Denomination and Tenor
Denominated in multiples of grams of gold, with a basic unit of 1 gram.
Tenor of 8 years with an exit option from the 5th year on interest payment dates.
Investment Limits
Minimum: 1 gram of gold.
Maximum: 4 kg for individuals and HUFs,
20 kg for trusts and similar entities per fiscal year.
Benefits
Quantity of gold protected, receiving market price at redemption.
Eliminates storage risks and costs.
Assured market value at maturity and periodic interest.
Free from making charges and purity issues.
Held in RBI books or demat form, eliminating scrip loss risk.
Add-ons
Can be used as collateral for loans.
Loan-to-value (LTV) ratio set equal to ordinary gold loans.
PYQ:
[2016] What is/are the purpose/purposes of Government’s ‘Sovereign Gold Bond Scheme’ and ‘Gold Monetization Scheme’?
To bring the idle gold lying with Indian households into the economy
To promote FDI in the gold and jewellery sector
To reduce India’s dependence on gold imports
Select the correct answer using the codes given below:
The Health Ministry has requested the Sports Authority of India (SAI) and the Board of Control for Cricket in India (BCCI) to implement measures to prevent surrogate advertisements of tobacco and alcoholrelated products by sportspersons.
AboutSports Authority of India (SAI)
Details
Establishment
Founded in 1984 by the Ministry of Youth Affairs and Sports, Government of India
Headquarters
Jawaharlal Nehru Stadium Complex, New Delhi, India
Objectives
Promote sports and physical education
Develop sports infrastructure
Identify and nurture sports talent
Conduct coaching and training programs
Key Programs
National Sports Talent Contest Scheme (NSTC)
Special Area Games (SAG)
SAI Training Centres (STC)
Centres of Excellence (COE)
National Sports Academies (NSA)
Major Facilities
Jawaharlal Nehru Stadium, New Delhi
Indira Gandhi Stadium Complex, New Delhi
Major Dhyan Chand National Stadium, New Delhi
Netaji Subhas National Institute of Sports (NSNIS), Patiala
Notable Initiatives
Khelo India Program
Target Olympic Podium Scheme (TOPS)
Mission Olympic Cell (MOC)
About Board of Control for Cricket in India (BCCI)
Details
Establishment
Founded in December 1928
Headquarters
Cricket Centre, Wankhede Stadium, Mumbai, India
Objectives
Promote and develop cricket in India
Organize domestic and international cricket matches
Identify and nurture cricket talent
Maintain cricket infrastructure and facilities
Key Responsibilities
Selection of national cricket teams (men’s, women’s, and junior)
Organization of domestic cricket tournaments
Administration of Indian Premier League (IPL)
Conducting training and coaching programs
Major Tournaments
Indian Premier League (IPL)
Ranji Trophy
Vijay Hazare Trophy
Syed Mushtaq Ali Trophy
Duleep Trophy
Irani Cup
Funding and Support
Funded through sponsorships, broadcasting rights, and match revenues
Provides financial assistance and contracts to cricketers
Reforms
Justice Lodha Committee: Result of the report submitted by the Justice Mukul Mudgal Committee after an investigation into the 2013 IPL betting scandal.
PYQ:
[2021] Consider the following statements in respect of the ICC World Test Championship:
1. The finalists were decided by the number of matches they won.
2. New Zealand was ranked ahead of England because it won more matches than England.
Q1 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 the management of the pandemic. (UPSC IAS/2020)
Q2 Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (UPSC IAS/2020)
Note4Students:
Mains: Reasons behind the disagreement on the Pandemic Treaty;
Mentor comments: Despite extensive negotiations, 194 WHO member states failed to finalize a historic Pandemic Agreement to bolster global pandemic preparedness and reduce inequities highlighted by COVID-19. At the 77th World Health Assembly (May 27-June 1, 2024), two significant developments occurred. First, amendments to the International Health Regulations (IHR) 2005 were agreed upon, drawn from 300 global reform proposals. These amendments aim to improve response to Public Health Emergencies of International Concern (PHEIC) and introduce a Pandemic Emergency (PE) category, ensuring equitable access to health products and financial support for developing countries, emphasizing solidarity and equity, and mandating a National IHR Authority.
Let’s learn!
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Why in the News?
The 77th World Health Assembly in May 2024 failed to finalize the treaty due to disagreements on key articles, particularly PABS, technology transfer, and the One Health approach.
Background:
The COVID-19 pandemic exposed severe limitations in the International Health Regulations (IHR) and the WHO’s institutional capacities to effectively prevent, prepare for and respond to global health emergencies.
In light of the pandemic’s devastating global impact, many countries called for a stronger international framework to deal with future pandemics.
Responding to these calls, a special session of the World Health Assembly (WHA) in November 2021 agreed to establish an intergovernmental negotiating body (INB) to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response
What is the Pandemic Treaty?
The Pandemic Treaty, also known as the International Treaty on Pandemic Prevention, Preparedness and Response, is a proposed international agreement currently being negotiated by the 194 member states of the World Health Organization (WHO).
Key Provisions
Pathogen Access and Benefit Sharing (PABS): The treaty aims to establish a PABS system to ensure that genetic resources and pathogen samples shared from developing countries are reciprocated with corresponding benefits, such as vaccines and diagnostics.
Technology Transfer and Intellectual Property: The treaty seeks to address issues related to technology transfer, local production, and intellectual property rights to enhance the manufacturing capacities of low- and middle-income countries.
One Health Approach: The treaty emphasizes a holistic approach that recognizes the interconnections between human, animal, and environmental health, promoting coordinated public health measures across these domains.
Reasons behind the disagreement
Pathogen Access and Benefit Sharing (PABS): The PABS mechanism under Article 12 is a central point of contention, with low- and middle-income countries (LMICs) advocating for guaranteed access to at least 20% of shared pandemic products.
In contrast, many high-income countries argue that this percentage should be the maximum limit, with some refusing to agree to any fixed percentage.
Technology Transfer and Intellectual Property: Disagreements over technology transfer provisions are significant, with LMICs pushing for mandatory technology transfer and intellectual property waivers to enable local production of vaccines and treatments.
High-income countries prefer voluntary agreements, fearing that mandatory requirements could undermine their intellectual property rights.
One Health Approach: The One Health approach, which emphasizes the interconnectedness of human, animal, and environmental health, has faced resistance from LMICs. They view it as an additional burden without adequate funding, while high-income countries strongly support it.
Geopolitical Discord: Geopolitical tensions and competing interests between higher- and lower-income countries have hindered progress in negotiations.
Misinformation and Distrust: The negotiations have been affected by misinformation, skepticism, and distrust among member states. Some countries are concerned about the implications of the agreement on their national sovereignty and public health policies.
Urgency vs. Comprehensive Solutions: There is a tension between the urgency to finalize an agreement and the desire to address complex issues comprehensively. Some countries are pushing for quick resolutions, while others emphasize the need for thorough discussions to ensure long-term effectiveness.
Way forward:
Promote Inclusive Dialogue and Mutual Compromise: Need to facilitate continuous, transparent dialogue among all member states to address concerns and build trust. Encourage mutual compromise by balancing the interests of both high- and low-income countries, ensuring that all parties feel their needs and perspectives are being considered.
Strengthen Financial and Technical Support for LMICs: Need to enhance financial and technical assistance for low- and middle-income countries to implement the proposed treaty provisions effectively.
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