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BIOLOGICAL WEAPONS CONVENTION
It was the first multilateral disarmament treaty banning the production of an entire category of weapons.
The Geneva Protocol prohibits use but not possession or development of chemical and biological weapons.
It commits the 178 states to prohibit the development, production, and stockpiling of biological and toxin weapons.
However, the absence of any formal verification regime to monitor compliance has limited the effectiveness of the Convention.
An additional six states have signed the BWC but have yet to ratify the treaty.
Subsequent Review Conferences have reaffirmed that the general-purpose criterion encompasses all future scientific and technological developments relevant to the Convention.
Permitted purposes under the BWC are defined as prophylactic, protective and other peaceful purposes.
COMPREHENSIVE NUCLEAR-TEST-BAN TREATY (CTBT)
• The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is a multilateral agreement that prohibits all nuclearexplosions, whether for civilian or military purposes, in any environment.
• Adopted by the United Nations General Assembly on September 10, 1996, the treaty has not yet entered into force as eight specific states have not ratified it.
• As of now, 166 countries have ratified the CTBT, with an additional 17 countries having signed but not yet ratified it.
• China, Egypt, Iran, Israel, and the United States have signed but not ratified the treaty.
• India, North Korea, and Pakistan have not signed the treaty.
• Under the CTBT, each State Party commits to refraining from conducting nuclear weapon test explosions or any other type of nuclear explosion and to prevent such explosions within their jurisdiction or control.
• The Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO), an international body headquartered in Vienna, Austria, was established to support the treaty.
• The CTBTO is responsible for the verification regime, which includes the establishment and provisional operation of a network of monitoring stations, creation of an international data center, and development of On-Site Inspection capabilities.
CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR DAMAGE (CSC)
• The Convention on Supplementary Compensation for Nuclear Damage (CSC) is a key multilateral treaty addressing liability and compensation for damages caused by nuclear incidents.
• Adopted in 1997, the CSC aims to increase the amount of compensation available for nuclear incidents through public funds.
• The compensation fund is provided by the Contracting Parties based on their nuclear capacity and the UN rate of assessment.
• The treaty also seeks to establish legal relationships between states that are parties to the Vienna Convention on Civil Liability for Nuclear Damage, the Paris Convention on Third Party Liability in the Field of Nuclear Energy, or neither.
• India enacted its own nuclear liability law, the Civil Liability for Nuclear Damage (CLND) Act, in 2010.
• Some countries, such as the United States, have argued that provisions of India’s law violate the CSC, though India has denied these claims.
HAGUE CODE OF CONDUCT
The International Code of Conduct against Ballistic Missile Proliferation, also known as the Hague Code of Conduct (HCOC), was established in 2002 as an arrangement to prevent the proliferation of ballistic missiles (a missile with a high, arching trajectory, which is initially powered and guided but falls under gravity on to its target)
It is the only normative instrument to verify the spread of ballistic missiles.
The HCOC does not ban ballistic missiles, but it does call for restraint in their production, testing, and export.
As agreed by the conference in The Hague, Austria serves as the Immediate Central Contact (Executive Secretariat) and therefore coordinates the information exchange of the HCOC.
India joined the HCOC in 2016.
While the Missile Technology Control Regime (MTCR) has a similar mission, it is an export group with only 35 members.
Total members in the conduct 138.
INTERNATIONAL CHEMICAL WEAPONS CONVENTION (CWC)
The Chemical Weapons Convention (CWC) is an arms control treaty that bans the production, stockpiling, and use of chemical weapons and their precursors.
Administered by the Organisation for the Prohibition of Chemical Weapons (OPCW), an intergovernmental body based in The Hague, Netherlands, the CWC's primary goal is to eliminate chemical weapons worldwide.
Under the convention, any chemical used for warfare is classified as a chemical weapon.
The core obligation of the parties is to enforce this prohibition and destroy any existing chemical weapons.
A total of 192 states have agreed to be bound by the CWC.
Israel has signed but not ratified the treaty, while three UN member states—Egypt, North Korea, and South Sudan—have neither signed nor acceded to it.
Angola has recently deposited its instrument of accession to the CWC.
The convention includes provisions for the systematic evaluation of chemical production facilities and for investigating allegations of the use or production of chemical weapons based on intelligence provided by other state parties.
• Some chemicals, such as phosgene, which have been used in warfare but also have legitimate industrial applications, are highly regulated, though certain exceptions exist.
• Chlorine gas, which is toxic but widely used for non- weapon purposes, is not officially classified as a chemical weapon under the CWC.
• Some state actors, such as the Assad regime in Syria, continue to produce and use chemical weapons in armed conflict.
• While chemicals like these may not be explicitly listed as controlled under the CWC, the use of any toxic chemical as a weapon is explicitly prohibited by the treaty.
• Chemicals like white phosphorus, though highly toxic, are permitted under the CWC when used by military forces for purposes other than their toxicity.
• Chemicals with limited or no uses outside of chemical weapons may be produced or used for research, medical, pharmaceutical, or chemical weapon defense testing, but any production exceeding 100 grams per year must be declared to the OPCW.
• A country is allowed to possess no more than one tonne of these chemicals.
• Examples of such chemicals include sulphur mustard and nerve agents.
• Chemicals with legitimate small-scale uses, such as thiodiglycol (used in both the manufacture of mustard agents and as a solvent in inks), must be declared, and there are restrictions on their export to countries that are not signatories of the CWC.
MISSILE TECHNOLOGY CONTROL REGIME (MTCR)
• MTCR is a multilateral export control regime.
• It is an informal and voluntary partnership among 35 countries to prevent the proliferation of missile and unmanned aerial vehicle technology capable of carrying above 500 kg payload for more than 300 km.
• G7 countries founded MTCR.
• Prohibited materials are divided into two Categories, which are outlined in the MTCR Equipment, Software, and Technology Annex.
• Membership has grown to 35 nations, with 4 additional nations, including Israel.
India also joined in 2016 adhering to the MTCR Guidelines unilaterally.The People’s Republic of China is not a member of MTCR.
NUCLEAR SUPPLIERS GROUP (NSG)
• NSG is a group of nuclear supplier countries that seek to prevent nuclear proliferation by controlling the export of materials, equipment and technology that can be used to manufacture nuclear weapons.
• The NSG was founded in response to the Indian nuclear test in May 1974 (Operation Smiling Buddha).
• Nations already signatories of the Nuclear Non- Proliferation Treaty (NPT) saw the need to further limit the export of nuclear equipment, materials or technology.
• As of 2016 the NSG has 48 members with European Commission and the Zangger Committee Chair participates as observers.
• As the sole African member of the NSG, South Africa is honored to chair the NSG for a second time during the 2024/2025 term, following its role in hosting the Plenary Week in Cape Town in 2007.
• China, New Zealand, Ireland, Turkey and Austria are opposing India’s membership to NSG.
• Pakistan’s position on a need for a non- criteria-based approach for all non-NPT states is supported by several countries including New Zealand, Austria, Ireland, Switzerland, Brazil, Mexico, Italy, Kazakhstan and Belarus.
• In 2008, the NSG participating governments agreed to grant India a “clean waiver” from its existing rules, which forbid nuclear trade with a country which has not signed the Nuclear Non-Proliferation Treaty (NPT).
PELINDABA TREATY
• The African Nuclear-Weapon-Free Zone Treaty, also known as the Treaty of Pelindaba, is named after South Africa’s primary nuclear research center.
• It establishes a Nuclear-Weapon-Free Zone across the African continent.
• The Treaty prohibits the research, development, manufacture, stockpiling, acquisition, testing, possession, control, or stationing of nuclear explosive devices within the territories of its signatories, as well as the disposal of radioactive waste in the African zone.
• It also forbids any attacks on nuclear installations within the zone by Treaty parties.
• The Treaty mandates all parties to apply full-scope International Atomic Energy Agency (IAEA) safeguards to their peaceful nuclear activities.
• To ensure compliance, the Treaty has established the African Commission on Nuclear Energy, with its office located in South Africa.
• The African Nuclear-Weapon-Free Zone (ANWFZ) covers the entire African continent, along with several islands: Cabo Verde, the Canary Islands, Chagos Archipelago (Diego Garcia), Comoros, Europa Island, Madagascar, Mauritius, Prince Edward & Marion Islands, Réunion, Rodrigues Island, Seychelles, Tromelin Island, and Zanzibar and Pemba Islands.
• South Sudan is not a signatory to this Treaty.
• Other Nuclear-Weapon-Free Zone Treaties include those for Antarctica, Tlatelolco (Latin America and the Caribbean), Rarotonga (South Pacific), and Bangkok (ASEAN).
REFUGEE CONVENTION
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum.
The Convention also sets out which people do not qualify as refugees, such as war criminals.
The Convention also provides for some visa-free travel for holders of travel documents issued under the convention.The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries.
There were 145 parties to the Convention, and 146 to the Protocol.
The United States of America and Venezuela are parties only to the Protocol.
Countries that have ratified the Refugee Convention are obliged to protect refugees that are on their territory, in accordance with its terms.
India is not a member to this convention.
The convention asks the contracting states to do the following,
• Respect a refugee’s personal status and the rights that come with it, particularly rights related to marriage; provide free access to courts for refugees.
• Provide administrative assistance for refugees, provide identity papers for refugees, and provide travel documents for refugees.
• Allow refugees to transfer their assets, provide the possibility of assimilation and naturalization to refugees
• Cooperate with the UNHCR in the exercise of its functions and to help UNHCR supervise the implementation of the provisions in the Convention.
The convention also asks the contracting states not to,
Discriminate against refugees, take exceptional measures against a refugee solely on account of his or her nationality, expect refugees to pay taxes and fiscal charges that are different to those of nationals.
impose penalties on refugees who entered illegally in search of asylum if they present themselves
expel refugees.
Forcibly return or “refoul” refugees to the country they’ve fled from.
SENDAI FRAMEWORK
• The Sendai Framework for Disaster Risk Reduction (2015-2030) is an international document which was adopted by UN member states at the World Conference on Disaster Risk Reduction held in Sendai, Japan.
• It is the successor agreement to the Hyogo Framework for Action (2005–2015)
• It sets four specific priorities for action:
Understanding disaster risk;
Strengthening disaster risk governance to manage disaster risk;
Investing in disaster risk reduction for resilience;
Enhancing disaster preparedness for effective response and to “Build Back Better” in recovery, rehabilitation and reconstruction.
THE AUSTRALIAN GROUP
The Australia Group is an informal group to help member countries identify those exports which need to be controlled so as not to contribute to the spread of chemical and biological weapons.
It has 42 members including the European Commission, all 28 member states of the European Union, Ukraine, and Argentina.
Members of the group maintain export controls on a uniform list of 54 compounds, including several that are not prohibited for export under the Chemical Weapons Convention, but can be used in the manufacture of chemical weapons.
The group follows two policies- ―no undercut and ― catch all.
The “no-undercut” requirement, states that any member of the group considering making an export to another state that had already been denied an export by any other member of the group must first consult with that member state before approving the export.
• “Catch-all” provision, which requires member states to halt all exports that could be used by importers in chemical or biological weapons programs, regardless of whether the export is on the group’s control lists.
• Members meet every year in Paris.
• India became a member in 2018.
TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS)
• The Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all member nations of the World Trade Organization (WTO).
It establishes minimum standards for the regulation of various forms of intellectual property (IP) by national governments, specifically regarding nationals of other WTO member countries.
TRIPS was negotiated at the conclusion of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994 and is administered by the WTO.
For the first time, TRIPS introduced intellectual property law into the international trading system, making it the most comprehensive international agreement on IP to date.
The Doha Declaration emphasized that TRIPS should be interpreted with the goal of "promoting access to medicines for all."
TRIPS requires WTO members to provide protection for copyrights, geographical indications, industrial designs, integrated circuit layout designs, patents, new plant varieties, and trademarks.
While the obligations under TRIPS apply equally to all member states, developing countries were granted additional time to implement the necessary changes to their national laws.
VIENNA CONVENTION ON DIPLOMATIC RELATIONS
• The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries.
• It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country.
• The convention forms the legal basis for diplomatic immunity.
• It is ratified by 191 countries.
Discuss the provisions of Article 36 of the Vienna on Consular Relations, 1963 in the light of recent events.
The Vienna convention on consular relations 1963 (VCCR), is an international treaty which defines relations between different sovereign countries pertaining to consular issues.
The treaty extensively talks about the protection of rights of the people along with economic, commercial, cultural and scientific relations among the countries. The Article 36 of the convention is highlighted in the recent fit between India and Pakistan pertaining to the Kulbhushan Jadhav case.
Article 36 states that, if any foreign national is detained or arrested on criminal or immigration charges, he/she is entitled to be notified about the right to notify the detainee country’s consulate of his/her arrest. If the detained person requests, the police ought to fax the notice to the embassy. It also provides for a regular consultation with the consular officials during the detention and any trial if needed. The essential core of the article is to provide communication between a national and his/her country’s officials when held in a foreign land.
India moved the International Court of Justice stating that Pakistan has violated the rules of Vienna Convention on Consular Relations in detention, trial and conviction of Kulbushan Yadav an Indian Naval officer. Pakistan states that Kulbushan committed to espionage and terrorist activities in the country and thus it refused for consular access. Pakistan also argues that India and Pakistan entered into a bilateral agreement in 2008 which overpowers the international treaty of VCCR which both the countries are a party.
WASSENAAR ARRANGEMENT
• The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies is a multilateral export control regime (MECR) with 41 participating states.
• It was established to contribute to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies.
• It focuses primarily on the transparency of national export control regimes and not granting veto power to individual members over organizational decisions.
• A Secretariat for administering the agreement is located in Vienna, Austria.
• It is not a treaty, and therefore is not legally binding.
• Every six months member countries exchange information on deliveries of conventional arms to non-Wassenaar members that fall under eight broad weapons categories: battle tanks, armoured combat vehicles (ACVs), large- caliber artillery, military aircraft, military helicopters, warships, missiles or missile systems, and small arms and light weapons.
• The People’s Republic of China and Israel are not members, but they have aligned their export controls with Wassenaar lists.
• The Arrangement is open on a global and non- discriminatory basis to prospective adherents that comply with the agreed criteria.
• Admission of new members requires the consensus of all members.
• In December 2013, the list of export restricted technologies was amended to include internet-based surveillance systems.
• New technologies placed under the export control regime include “intrusion software”—software designed to defeat a computer or network’s protective measures so as to extract data or information.
• India became a member of the Arrangement in 2017.
ZANGGER COMMITTEE
• The Zangger Committee, also known as the Nuclear Exporters Committee came due to the Treaty on the Non- Proliferation of Nuclear Weapons (NPT) which entered into force in 1970.
• Under the terms International Atomic Energy Agency (IAEA) safeguards must be applied to nuclear exports.
• Each State Party to the Treaty undertakes not provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this Article.
• The Committee (a) maintains and updates a list of equipment that may only be exported if safeguards are applied to the recipient facility (called the “Trigger List” because such exports trigger the requirement for safeguards); and (b) allows members to coordinate on nuclear export issues.
• The People’s Republic of China is a member of the Zangger Committee.