United Nations Convention on International Settlement Agreements

GS PAPER - 02 INTERNATIONAL RELATIONS - Important International institutions, agencies and fora- their structure, mandate.

Context :

The Union Cabinet has approved the signing of the United Nations Convention on International Settlement Agreements(UNISA) by India.

Background:

Until the adoption of the convention, the often-cited challenge to the use of mediation was the lack of an efficient and harmonized framework for cross-border enforcement of settlement agreements resulting from mediation.
- In response to this need, the convention has been developed and adopted by the General Assembly.

The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation ("the Convention") on 20th December 2018.
The General Assembly authorized that the Convention will open for signature at a signing ceremony to be held on 7thAugust 2019 in Singapore and will be known as the "Singapore Convention on Mediation" (the Convention).

Benefits :

Signing of the Convention will boost the confidence of the investors and shall provide a positive signal to foreign investors about India's commitment to adhere to international practice on Alternative Dispute Resolution (ADR).

Initiatives to promote ADR Mechanisms:

In order to encourage international commercial arbitration in India, to evolve a comprehensive ecosystem of arbitration the Government is establishing the New Delhi International Arbitration Centre (NDIAC) as a statutory body.
The Commercial Courts Act, 2015, has been further amended and legislative exercise to further amend the Arbitration and Conciliation Act, 1996, is currently underway.
These initiatives are being taken with a view to encourage the settlement of commercial disputes, domestic and international, in India through ADR Mechanism of Arbitration, Conciliation and Mediation.
A new Chapter (IIIA) has been inserted in the Commercial Courts Act, 2015, for mandatory pre-institution mediation and settlement in certain category of cases.
Therefore, the provisions of the 'Convention' are in line with the domestic laws and the efforts made to strengthen Alternative Dispute Resolution Mechanisms.

United Nations Convention on International Settlement Agreements(UNISA) :

The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Convention”) on 20th December 2018.
The convention is also known as the “Singapore Convention on Mediation” (the Convention).
The Convention provides a uniform and efficient framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements, akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the “New York Convention”) provides for arbitral awards.
The Convention defines two additional grounds upon which a court may, on its own motion, refuse to grant relief.
- Those grounds relate to the fact that a dispute would not be capable of settlement by mediation or would be contrary to public policy.
The Convention ensures that a settlement reached by parties becomes binding and enforceable in accordance with a simplified and streamlined procedure.

Source :- PIB

WorldSkills International Competition 2019

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

Ministry of Skills Development & Entrepreneurship (MSDE), Government of India announced the 48-member contingent which will represent in WorldSkills International Competition 2019.

WorldSkills International Competition 2019 :

The WorldSkills International is a not for profit membership association open to agencies or bodies which have a responsibility for promoting vocational education and training in their respective countries/regions. The organization is registered in Amsterdam, Netherlands.
The WorldSkills International Competition is a biennial event and the biggest showcase of skills excellence in the world.
The World Skills International Competition 2019 also referred as the ‘Olympics for Skills’.
More than 1,500 competitors from 60 countries will compete in 55 skill competitions at this mega event. India will participate in 44 skills including mobile robotics, prototype modeling, hairdressing, baking, confectionery & patisserie, welding, bricklaying, car painting, floristry among others.

Source :- PIB

India’s large cities staring at water crisis: Water Stress Index

GS PAPER - 03 ENVIRONMENT - Conservation, environmental pollution and degradation, environmental impact assessment

Context :

The sub-national Water Stress Index, formulated by London-based risk analytics firm Verisk Maplecroft, lists India as the 46th highest risk country in the world.

Water Stress Index :

Key Highlights :

11 of India’s 20 largest cities face an ‘extreme risk’ of water stress and seven are in the ‘high risk’ category.
According to the index, Delhi, Chennai, Bengaluru, Hyderabad, Nashik, Jaipur, Ahmedabad and Indore are among the cities facing ‘extreme risk’.
According to the study, Bengaluru and Surat are experiencing the greatest surge in demand for water and are most at risk of facing scarcity. Further, Chennai and Delhi are also extremely vulnerable.
The index measures the water consumption rates of households, industries and farm sectors and the available resources in rivers, lakes and streams.
The United Nations estimates that Delhi’s population will grow from 28 million people to above 43 million by 2035, a 52% rise, while Chennai will grow by 47% to top 15 million over the same period. The study says Chennai is the tip of the iceberg for India’s water stressed cities.
Further, India is rated ‘high risk’ in the Climate Change Vulnerability Index. It indicates that effects of climate change like an ‘extended dry season’ would deteriorate water stress situation in Indian cities. The study has noted that many Indian cities are projected to experience a higher number of consecutive drought days when precipitation is less than 1 mm

Source :- The Hindu

In a first, Maharashtra gets biometric database to list criminals

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

Maharashtra has become the first state in the country to adopt automated multimodal biometric identification system(AMBIS).

Automated multimodal biometric identification system(AMBIS) :

AMBIS unit comprises a computer terminal,a camera and iris,fingerprint, and palm scanners.It also includes a portable system to dust off and capture fingerprints from crime scenes.
AMBIS system collates data and enables automated identification of criminal records using fingerprint, face and iris recognition.
Ambis is part of the state government’s plans to modernise the police and improve crime detection.
AMBIS helps investigators trace suspects and ascertain whether a suspect has a criminal record.The system has a capacity to store the data of 20 lakh criminals.It can go through its archives and give results in 0.45 milliseconds.
Additionally,data from AMBIS can be shared with the National Crime Records Bureau(NCRB) and investigation agencies from other states and courts, including foreign agencies like Interpol.

Source :- The Times Of India

Too much quota may impact right to equal opportunity, remarks Supreme Court

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

The Supreme Court orally remarked that excessive quota may impact the right to equal opportunity guaranteed under the Constitution.
This observation was made while hearing several petitions which have asked for a Constitution Bench to examine the validity of 103rd Constitutional Amendment Act.

More in the news:

The Bench is examining whether to refer to a Constitution Bench a batch of petitions challenging the validity of a constitutional amendment providing 10% economic quota in government jobs and educational institutions.
Petitioner argued that the economic reservation violated the 50% reservation ceiling limit fixed by a nine-judge Bench in the Indra Sawhney case. Further, the 1992 judgment had barred reservation solely on economic criterion.

In a 6:3 majority verdict, the apex court, in the Indra Sawhney case, had held that “a backward class cannot be determined only and exclusively with reference to economic criterion… It may be a consideration or basis along with and in addition to social backwardness, but it can never be the sole criterion.

After a gap of 27 years, the Constitution (103rd Amendment) Act of 2019 has provided 10% reservation in government jobs and educational institutions for the “economically backward” in the unreserved category.

The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness.
This 10% economic reservation is over and above the 50% reservation cap.

The act has also been criticised on the grounds that it violates the basic Structure of the constitution as it is violative of the equality principle enshrined in Article 14 of the Constitution as it excludes OBCs, SCs and STs from the scope of economic reservation.
Further,it has also challenged the law on the ground that it provides for reservation in private unaided educational institutions which has been clearly barred by the SC in previous judgements.

Government Stand :

The government, represented by Attorney General K.K. Venugopal, however, has justified to the apex court that the 10% economic quota law was a move towards a classless and casteless society.

It said the law was meant to benefit a “large section of the population of 135 crore people” who are mostly lower middle class and below poverty line.

Equality of Opportunity in public employment :

Article 16 deals with the equality of opportunity in matters of public employment.

Article 16 is an instance of the application of the general rule with special reference to the opportunity of appointments under the State.
It says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Equal opportunity is a term which has differing definitions and there is no consensus as to the precise meaning.
The Constitution of India has given a wide interpretation of this article. Equal Employment Opportunity (EEO) principles apply to:
- Access to jobs

Conditions of employment
Relationships in the workplace
The evaluation of performance and
The opportunity for training and career development.

Source :- The Hindu

Anti-dumping duty imposed on PTA imports from South Korea,Thailand

GS PAPER - 03 ECONOMY - Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth.

Context :

The Finance Ministry has imposed anti-dumping duty on all imports of purified terephthalic acid (PTA) from South Korea and Thailand.

Dumping :

Dumping is the practice whereby the exporting nation sells its goods and services at a price lower than the price at which the importing nation sells the same goods and services within its domestic market
The objective of dumping is to increase market share in a foreign market by driving out competition and thereby create a monopoly situation where the exporter will be able to unilaterally dictate price and quality of the product.

Anti - dumping Duty :

An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value.
The purpose of anti dumping duty is to rectify the trade distortive effect of dumping and re-establish fair trade.

Institutional Arrangement in India for Anti Dumping Measures :

Anti dumping and anti subsidies & countervailing measures in India are administered by the Directorate General of Anti dumping and Allied Duties (DGAD) functioning in the Department of Commerce in the Ministry of Commerce and Industry and the same is headed by the "Designated Authority".
The Designated Authority’s function, however, is only to conduct the anti dumping & countervailing duty investigation and make a recommendation to the Government for imposition of anti dumping or anti subsidy measures.
Such duty is finally imposed by a Notification of the Ministry of Finance. Thus, while the Department of Commerce recommends the anti-dumping duty, it is the Ministry of Finance, which levies such duty.

WTO and anti - dumping Duty:

The World Trade Organization does not regulate the actions of companies engaged in dumping, but instead focuses on how governments can—or cannot—react to dumping.
The use of anti dumping measure as an instrument of fair competition is permitted by the WTO.

Source :- The Hindu Business Line

Thailand in talks with India to buy Brahmos cruise missiles

GS PAPER - 02 INTERNATIONAL RELATIONS - Bilateral, regional and global groupings and agreements involving India and/or affecting India's interests

Context :

Thailand is in talks with India over purchasing BrahMos supersonic cruise missiles.
- If the sale materialises, it will be the first export of the BrahMos missile by India.

India and Thailand Bilateral exercise :

In recent times, Thailand and India has increased maritime interaction and cooperation. The navies of India and Thailand have been working together in the areas of disaster risk management, maritime security safety, information sharing and interoperability.
The two navies conduct a Coordinated Patrol (CORPAT) exercise twice a year every year since 2005. It aims to keep a vital part of the Indian Ocean Region safe and secure for commercial shipping and international trade.
The CORPAT has also strengthened understanding and interoperability between the navies. It has also facilitated institution of measures to prevent unlawful activities at sea as well as conduct Search and Rescue (SAR) operations.

Trilateral exercise :

Thailand and Singapore trilateral naval exercise announced by Prime Minister Narendra Modi during his address at Shangri-La dialogue in June 2018 is scheduled to be held later this year.
- India will host the first edition of the exercise in September this year
it will become an annual affair to increase interoperability between the nations.

BrahMos supersonic cruise missiles :

It is Designed and developed by BrahMos Aerospace, a joint venture of India and Russia
It has derived its name from the names of two rivers, India’s Brahmaputra River and Russia’s Moskva River.
It operates on fire and forget principal
Capable of being launched from land, sea, sub-sea and air against sea and land targets
Carrying capacity : 300 Kg (both conventional and nuclear)
Speed : Mach 3 (that is, three times the speed of sound)
Max Range : 290 Km. Its range was extended to 450 km and plan is to increase it to 600km.
It is two-stage missile, the first one being solid and the second one ramjet liquid propellant.
BrahMos missile already has been inducted into the Indian Army and Navy

1st AUGUST 2019 DAILY CURRENT AFFAIRS

United Nations Convention on International Settlement Agreements

WorldSkills International Competition 2019

India’s large cities staring at water crisis: Water Stress Index

In a first, Maharashtra gets biometric database to list criminals

Too much quota may impact right to equal opportunity, remarks Supreme Court

Anti-dumping duty imposed on PTA imports from South Korea,Thailand

Thailand in talks with India to buy Brahmos cruise missiles

United Nations Convention on International Settlement Agreements

GS PAPER - 02 INTERNATIONAL RELATIONS - Important International institutions, agencies and fora- their structure, mandate.

Context :

The Union Cabinet has approved the signing of the United Nations Convention on International Settlement Agreements(UNISA) by India.

Background:

Until the adoption of the convention, the often-cited challenge to the use of mediation was the lack of an efficient and harmonized framework for cross-border enforcement of settlement agreements resulting from mediation.

In response to this need, the convention has been developed and adopted by the General Assembly.

The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation ("the Convention") on 20th December 2018.

The General Assembly authorized that the Convention will open for signature at a signing ceremony to be held on 7thAugust 2019 in Singapore and will be known as the "Singapore Convention on Mediation" (the Convention).

Benefits :

Signing of the Convention will boost the confidence of the investors and shall provide a positive signal to foreign investors about India's commitment to adhere to international practice on Alternative Dispute Resolution (ADR).

Initiatives to promote ADR Mechanisms:

In order to encourage international commercial arbitration in India, to evolve a comprehensive ecosystem of arbitration the Government is establishing the New Delhi International Arbitration Centre (NDIAC) as a statutory body.

The Commercial Courts Act, 2015, has been further amended and legislative exercise to further amend the Arbitration and Conciliation Act, 1996, is currently underway.

These initiatives are being taken with a view to encourage the settlement of commercial disputes, domestic and international, in India through ADR Mechanism of Arbitration, Conciliation and Mediation.

A new Chapter (IIIA) has been inserted in the Commercial Courts Act, 2015, for mandatory pre-institution mediation and settlement in certain category of cases.

Therefore, the provisions of the 'Convention' are in line with the domestic laws and the efforts made to strengthen Alternative Dispute Resolution Mechanisms.

United Nations Convention on International Settlement Agreements(UNISA) :

The United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Convention”) on 20th December 2018.

The convention is also known as the “Singapore Convention on Mediation” (the Convention).

The Convention defines two additional grounds upon which a court may, on its own motion, refuse to grant relief.

Those grounds relate to the fact that a dispute would not be capable of settlement by mediation or would be contrary to public policy.

The Convention ensures that a settlement reached by parties becomes binding and enforceable in accordance with a simplified and streamlined procedure.

Source :- PIB

WorldSkills International Competition 2019

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

Ministry of Skills Development & Entrepreneurship (MSDE), Government of India announced the 48-member contingent which will represent in WorldSkills International Competition 2019.

WorldSkills International Competition 2019 :

The WorldSkills International is a not for profit membership association open to agencies or bodies which have a responsibility for promoting vocational education and training in their respective countries/regions. The organization is registered in Amsterdam, Netherlands.

The WorldSkills International Competition is a biennial event and the biggest showcase of skills excellence in the world.

The World Skills International Competition 2019 also referred as the ‘Olympics for Skills’.

More than 1,500 competitors from 60 countries will compete in 55 skill competitions at this mega event. India will participate in 44 skills including mobile robotics, prototype modeling, hairdressing, baking, confectionery & patisserie, welding, bricklaying, car painting, floristry among others.

More in the news:

National Skill Development Corporation (NSDC) under the aegis of MSDE has been leading India’s delegation at this biennial event since 2011.

During the last edition at Abu Dhabi in 2017, India won one silver, one bronze and nine medallions of excellence.

India also finished 19th out of 56 countries which participated at this event, making it India’s best performance since its participation at this event.

Source :- PIB

India’s large cities staring at water crisis: Water Stress Index

GS PAPER - 03 ENVIRONMENT - Conservation, environmental pollution and degradation, environmental impact assessment

Context :

The sub-national Water Stress Index, formulated by London-based risk analytics firm Verisk Maplecroft, lists India as the 46th highest risk country in the world.

Water Stress Index :

Key Highlights :

11 of India’s 20 largest cities face an ‘extreme risk’ of water stress and seven are in the ‘high risk’ category.

According to the index, Delhi, Chennai, Bengaluru, Hyderabad, Nashik, Jaipur, Ahmedabad and Indore are among the cities facing ‘extreme risk’.

According to the study, Bengaluru and Surat are experiencing the greatest surge in demand for water and are most at risk of facing scarcity. Further, Chennai and Delhi are also extremely vulnerable.

The index measures the water consumption rates of households, industries and farm sectors and the available resources in rivers, lakes and streams.

The United Nations estimates that Delhi’s population will grow from 28 million people to above 43 million by 2035, a 52% rise, while Chennai will grow by 47% to top 15 million over the same period. The study says Chennai is the tip of the iceberg for India’s water stressed cities.

Source :- The Hindu

In a first, Maharashtra gets biometric database to list criminals

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

Maharashtra has become the first state in the country to adopt automated multimodal biometric identification system(AMBIS).

Automated multimodal biometric identification system(AMBIS) :

AMBIS unit comprises a computer terminal,a camera and iris,fingerprint, and palm scanners.It also includes a portable system to dust off and capture fingerprints from crime scenes.

AMBIS system collates data and enables automated identification of criminal records using fingerprint, face and iris recognition.

Ambis is part of the state government’s plans to modernise the police and improve crime detection.

AMBIS helps investigators trace suspects and ascertain whether a suspect has a criminal record.The system has a capacity to store the data of 20 lakh criminals.It can go through its archives and give results in 0.45 milliseconds.

Additionally,data from AMBIS can be shared with the National Crime Records Bureau(NCRB) and investigation agencies from other states and courts, including foreign agencies like Interpol.

Source :- The Times Of India

Too much quota may impact right to equal opportunity, remarks Supreme Court

GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context :

The Supreme Court orally remarked that excessive quota may impact the right to equal opportunity guaranteed under the Constitution.

This observation was made while hearing several petitions which have asked for a Constitution Bench to examine the validity of 103rd Constitutional Amendment Act.

More in the news:

The Bench is examining whether to refer to a Constitution Bench a batch of petitions challenging the validity of a constitutional amendment providing 10% economic quota in government jobs and educational institutions.

Petitioner argued that the economic reservation violated the 50% reservation ceiling limit fixed by a nine-judge Bench in the Indra Sawhney case. Further, the 1992 judgment had barred reservation solely on economic criterion.

After a gap of 27 years, the Constitution (103rd Amendment) Act of 2019 has provided 10% reservation in government jobs and educational institutions for the “economically backward” in the unreserved category.

The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness.

This 10% economic reservation is over and above the 50% reservation cap.

1^stAUGUST 2019 DAILY CURRENT AFFAIRS

India also finished 19^th out of 56 countries which participated at this event, making it India’s best performance since its participation at this event.