Central Idea

• The Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) or the High Seas Treaty was adopted by the UN on June 19.
• It became the third agreement under UNCLOS, following the establishment of the International Seabed Authority (ISB) and the Fish Stocks Agreement (FSA).

BBNJ/ High Seas Treaty

• The idea of protecting the marine environment emerged in 2002, leading to the recognition of the need for an agreement in 2008.
• In 2015, the UN General Assembly formed a Preparatory Committee to create the treaty.
• Intergovernmental conferences (IGC) were held, resulting in the adoption of the treaty in 2023.
• The treaty’s objective is to implement international regulations for the protection of marine life beyond national jurisdiction through international cooperation.

Key Provisions of Treaty

(1) Marine Protected Areas:

• The treaty establishes marine protected areas to safeguard the oceans from human activities.
• Decisions on protected areas require a “three-quarter majority vote” to prevent obstruction by a few parties.

(2) Sharing Benefits from Marine Genetic Resources:

• The treaty mandates sharing scientific information and monetary benefits through a “clear house mechanism.”
• The mechanism ensures open access to information on marine protected areas, marine genetic resources, and area-based management tools.

(3) Capacity Building and Marine Technology:

• The treaty emphasizes capacity building and the use of marine technology for environmental impact assessment.
• The Scientific and Technical Body will create standards and guidelines, assisting countries with limited capacity in carrying out assessments.

Challenges and Controversies

(1) Marine Genetic Resources:

• The issue of sharing and exchanging information on marine genetic resources was a contentious point during negotiations.
• Debates focused on monitoring information sharing and the potential hindrance to bioprospecting research.

(2) Definition and Language:

• The use of phrases like “promote” or “ensure” in different parts of the treaty, particularly regarding benefit sharing, sparked heated debates.

(3) Adjacency Issue:

• Negotiations were prolonged due to the need for provisions allowing coastal states to exercise sovereign rights over seabed and subsoil in areas beyond their jurisdiction.
• The interests of landlocked and distant states further complicated decision-making.

Opposition to the Treaty

• Several developed countries opposed the treaty due to their support for private entities involved in advanced research and development of marine technology.
• Russia and China also expressed reservations, with Russia ultimately withdrawing during the final stage of consensus building, arguing that the treaty lacks a balance between conservation and sustainability.

Significance of the treaty

(1) Environmental Preservation:

• The High Seas Treaty is crucial for protecting marine biodiversity and addressing pressing issues such as overfishing and pollution.
• It represents a significant step towards international cooperation in preserving the health and sustainability of our oceans.

(2) Global Cooperation and Research:

• The treaty promotes the sharing of scientific information and encourages collaboration among countries.
• This will foster research initiatives and facilitate a better understanding of marine ecosystems, leading to more effective conservation measures.

Conclusion

• The adoption of the High Seas Treaty marks a significant milestone in international efforts to protect marine biodiversity beyond national jurisdictions.
• While challenges and controversies prolonged the negotiation process, the treaty sets the stage for enhanced global cooperation and the implementation of regulations to safeguard our oceans for future generations.

Back2Basics:

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Central Idea

• The Intergovernmental Negotiations Framework (IGN) meetings, which aim to reform the United Nations Security Council, are now being webcasted for the first time in history.

What is IGN?

• The Intergovernmental Negotiations framework (IGN) is a collective effort by various nation-states within the United Nations to advance the reform of the United Nations Security Council (UNSC).
• This article provides an overview of the composition of the IGN and highlights the progress made in achieving consensus among its members.

Evolution of the Reform Agenda

• The issue of reforming the UN Security Council has been under discussion since 1993, with successive reports published in 2001 and 2007.
• The current agenda for this issue within the UN General Assembly can be accessed online.

Composition of the IGN

• The IGN consists of several international organizations representing different perspectives on UN Security Council reform, including:

1. African Union
2. G4 nations (Brazil, Germany, India, and Japan)
3. Uniting for Consensus Group (UfC), also known as the “Coffee Club”
4. 69 Group of Developing Countries
5. Arab League
6. Caribbean Community (CARICOM)

• Each group presents unique positions regarding the reform of the UN Security Council, reflecting the diverse interests and perspectives of its member states.

Establishment of Consensus

• On July 27, 2016, the United Nations General Assembly adopted an “oral decision” by general acclamation, approving the “elements of convergence” declaration.
• This declaration outlined the status of the consensus achieved by the IGN members at that time.

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Central Idea

• As Prime Minister Narendra Modi visits Washington, the US Senate is set to introduce legislation that aims to grant India ‘NATO plus five’ defence status.
• However, India’s External Affairs Minister has already rejected this framework for India.

What is NATO Plus?

• NATO Plus is a coalition consisting of the North Atlantic Treaty Organization (NATO) and five countries, namely Australia, New Zealand, Japan, Israel, and South Korea.
• The primary objective of this group is to enhance global defense cooperation.
• Membership in NATO Plus would offer several advantages to India, including seamless intelligence sharing among member countries, access to cutting-edge military technology without delays, and a strengthened defense partnership with the United States.

Why is the US keen to introduce India to NATO?

The US is keen to introduce India to NATO for these reasons:

• Counterbalancing China: India’s inclusion in NATO would help counterbalance China’s influence in the Indo-Pacific.
• Strengthening defense ties: It would deepen defense cooperation between the US and India.
• Enhancing regional stability: India’s participation would contribute to regional stability and improve defense capabilities.
• Expanding NATO’s reach: Including India would expand NATO’s global presence and address security challenges in the Indo-Pacific.
• Promoting a rules-based order: It aligns with shared values of democracy, human rights, and freedom of navigation.

Benefits if India’s ever joins

Joining NATO + 5 would offer several advantages to India, including:

• Enhanced security cooperation: India would benefit from increased security cooperation and intelligence sharing with NATO and its five partner countries, namely Australia, New Zealand, Japan, Israel, and South Korea.
• Access to advanced military technology: India would gain access to the latest military technologies and equipment through streamlined transfer processes, allowing for quicker modernization of its defense forces.
• Strengthened defense partnership: Becoming a member of NATO + 5 would further strengthen India’s defense partnership with the United States and other NATO allies, leading to closer collaboration on various defense initiatives.
• Improved regional security: India’s participation in NATO + 5 would contribute to regional security, especially in the Indo-Pacific region, by fostering cooperation among like-minded countries to address common security challenges.
• Enhanced deterrence against adversaries: Being part of this defense framework would enhance India’s deterrence capabilities against potential adversaries, particularly in light of increasing security threats in the region.

Details of the Bill

• The proposed legislation seeks to upgrade India-U.S. defence ties by adding India to this arrangement, enabling the transfer of defence equipment with minimal bureaucratic interference.
• The move comes following a recommendation from a U.S. House of Representatives committee on China, suggesting India’s inclusion in the club.

India’s Response

• India’s External Affairs Minister stated that the proposed template does not apply to India, appreciating the sentiment but clarifying that it was not suitable for the country.
• The distinction between India and the proposed framework is well understood by the Biden administration.

Reasons for India’s Denial

India is unlikely to join ‘NATO-Plus’ for the following reasons:

• Non-aligned policy: India has traditionally pursued a non-aligned foreign policy, which prioritizes strategic autonomy and avoids formal military alliances.
• Regional partnerships: India prefers forging strategic partnerships with countries in the Indo-Pacific region based on shared interests, rather than joining broad-based military alliances.
• Unique security challenges: India faces specific security challenges in its region and tailors its defense priorities accordingly, making a broad military alliance less suitable for its needs.
• Diverse foreign policy objectives: India pursues a multi-faceted foreign policy approach, focusing on a range of objectives beyond security alliances, such as economic cooperation and climate change.
• Avoiding provoking China: India seeks to manage its relationship with China pragmatically and avoid actions that could escalate tensions, making joining a US-led military alliance potentially provocative.

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Central Idea

• The launch of the Developing Countries Trading Scheme (DCTS) by the United Kingdom presents a significant opportunity for India and 65 other poor and developing nations.

Developing Countries Trading Scheme (DCTS)

• The DCTS is a preferential trading program introduced by the United Kingdom.
• It replaces similar arrangements that were in place during the UK’s membership in the European Union.
• The scheme aims to support trade and economic growth for 65 poor and developing countries.

Key Features:

• Tariff Reduction: DCTS removes or reduces tariffs on imports from eligible countries.
• Simplified Trading Rules: The scheme simplifies trade procedures to facilitate smoother transactions.
• Enhanced Market Access: It provides improved market access for participating countries’ products.
• Favorable Terms: UK businesses can save costs through reduced or eliminated tariffs on imports.
• Product Coverage: The scheme covers various goods, including clothing, food, and children’s toys.

Focus on Sustainability and Good Governance

• Responsible Trade Practices: Participating countries are expected to adhere to international conventions related to human rights, labor standards, anti-corruption measures, climate change, and environmental protection.
• Mutual Benefits: The scheme promotes sustainable development and creates a mutually beneficial partnership between the UK and developing countries.

Benefits for Participating Countries

• Trade Opportunities: DCTS creates opportunities for businesses and supports livelihoods.
• Job Creation: The scheme aims to generate employment by diversifying local and international supply chains.
• Economic Growth: It contributes to sustained economic growth in participating countries.
• Market Expansion: DCTS helps countries access the UK market and expand their export capacities.

Impact on India

• Trade Opportunities for India: The DCTS presents significant trade opportunities for India.
• Labour-Intensive Sectors: Indian exporters in sectors like textiles, leather goods, and metals can benefit.
• Market Access: The scheme reduces trade barriers and expands market access to the UK for Indian goods.
• Interim Measure: DCTS serves as an interim measure while negotiations for a comprehensive Free Trade Agreement (FTA) between the UK and India continue.
• Future Potential: The DCTS sets the stage for deeper economic ties and a future FTA between the UK and India.

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Central Idea

• China’s nuclear arsenal: China increased its nuclear arsenal from 350 warheads in January 2022 to 410 warheads in January 2023, according to SIPRI.
• Potential ICBM parity: SIPRI suggests that depending on how China structures its forces, it could have a comparable number of intercontinental ballistic missiles (ICBMs) to the U.S. or Russia by the end of the decade.
• Concerns over stated aim: SIPRI’s Weapons of Mass Destruction Programme questions the alignment between China’s expanding nuclear arsenal and its declared goal of maintaining minimum nuclear forces for national security.

India and Pakistan’s Nuclear Arsenal Growth

• India’s nuclear arsenal: SIPRI estimates indicate that India’s nuclear arsenal grew from 160 warheads in 2022 to 164 warheads in 2023.
• Pakistan’s nuclear arsenal: SIPRI estimates that Pakistan’s nuclear arsenal increased from 165 warheads in 2022 to 170 warheads in 2023.
• Emphasis on longer-range weapons: India seems to be placing growing importance on longer-range weapons capable of reaching targets across China, while Pakistan remains the primary focus of India’s nuclear deterrent.

Global Nuclear Weapons Inventory

• Total global inventory: As of January 2023, the global inventory of warheads reached 12,512.
• Warheads in military stockpiles: Approximately 9,576 warheads were held in military stockpiles for potential use, representing an increase of 86 warheads compared to January 2022.
• Dominance of Russia and the U.S.: Russia and the U.S. collectively possess nearly 90% of all nuclear weapons.
• Stability in nuclear arsenals: The size of Russia’s and the U.S.’ nuclear arsenals remained relatively stable in 2022, although transparency regarding nuclear forces declined due to the Ukraine conflict, as noted by SIPRI.

Reasons for increased stockpile

• Shifting power dynamics: China’s significant expansion of its nuclear arsenal has implications for global power dynamics, potentially challenging the traditional dominance of the U.S. and Russia in the nuclear arena.
• Regional security concerns: China’s increased nuclear capabilities raise concerns among neighboring countries, particularly those involved in territorial disputes or security rivalries in the Asia-Pacific region.
• Global arms race: China’s nuclear arsenal growth may fuel an arms race in the region, leading to increased tensions and instability.

Nuclear Dynamics in South Asia

• Strategic rivalry between India and Pakistan: The nuclear arsenals of India and Pakistan continue to expand, reflecting the ongoing strategic competition and deterrence dynamics between the two countries.
• Escalation risks: The increase in nuclear capabilities in South Asia raises the potential for miscalculation and escalation, heightening the risk of a nuclear conflict in the region.
• Implications for regional stability: The growth of nuclear arsenals in India and Pakistan has wider implications for regional stability and the effectiveness of non-proliferation efforts.

Challenges to the Global Disarmament ideals

• Declining transparency: The decline in transparency regarding nuclear forces in Russia and the U.S., coupled with the overall increase in global warhead stockpiles, poses challenges to nuclear arms control and disarmament efforts.
• Erosion of trust: The lack of transparency and increased stockpiles undermine trust between nuclear-armed states, making it more difficult to achieve meaningful progress in disarmament negotiations.
• Need for renewed dialogue: The growing nuclear arsenals underscore the importance of revitalizing international dialogue on disarmament and strengthening existing arms control agreements.

Legacy issues

• Notion of Nuclear ‘Haves’ and ‘Have-Nots’: The proponents of disarmaments are themselves nuclear armed countries thus creating a nuclear monopoly.
• Concept of Peaceful Nuclear Explosion (PNE): conducted for non-military purposes such as mining.

India’s commitment for de-nuclearization

• Universal commitment and non-discriminatory framework: India advocates for nuclear disarmament based on principles of equality, non-discrimination, and global security.
• Working paper on Nuclear Disarmament: India submitted a working paper on Nuclear Disarmament to the UN General Assembly in 2006, presenting its perspectives and proposals for achieving global disarmament.
• Participation in Nuclear Security Initiatives: India actively engages in the Nuclear Security Summit process and supports efforts to enhance global nuclear security through participation in international conferences organized by the IAEA.
• Membership in the Nuclear Security Contact Group: India is a member of the Nuclear Security Contact Group, contributing to discussions and initiatives aimed at strengthening international cooperation on nuclear security.
• Support for Fissile Material Cut-off Treaty (FMCT): India expresses readiness to support negotiations on a Fissile Material Cut-off Treaty, considering it an important step towards disarmament by banning the production of fissile material for nuclear weapons.
• Concerns regarding the Comprehensive Nuclear-Test-Ban Treaty (CTBT): India has not joined the CTBT due to several concerns, but it remains open to addressing these concerns and exploring possibilities for future accession to the treaty.
• Leadership in Preventing Weapons of Mass Destruction (WMD) Proliferation: India actively leads efforts to prevent terrorists from acquiring WMDs, piloting an annual UNGA Resolution on “Measures to Prevent Terrorists from Acquiring Weapons of Mass Destruction” since 2002, which receives consensus adoption.

Way forward

• Strengthening non-proliferation efforts: The expansion of nuclear arsenals highlights the need for robust non-proliferation mechanisms and adherence to international agreements such as the Treaty on the Non-Proliferation of Nuclear Weapons (NPT).
• Managing nuclear risks: As the number of nuclear-armed states increases, effective risk management and confidence-building measures become crucial to prevent accidental or intentional use of nuclear weapons.
• Balancing deterrence and disarmament: The international community faces the challenge of striking a balance between maintaining credible deterrence and pursuing disarmament goals to ensure global security.

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