30 GEOPOLITICAL TREATISE & AGREEMENTS

Peerzada Raouf Ahmad

epgp books

     

 

 

CONTENT: –

 

–   TREATISE AND AGREEMENTS RELATED TO TRADE

 

–   TREATISE AND AGREEMENTS RELATED TO ENERGY

 

–   TREATISE AND AGREEMENTS RELATED TO WATER

 

–   TREATISE AND AGREEMENTS RELATED TO CLIMATE

 

 

LEARNING OUTCOME

 

. Trace the origin of WTO

. Explain the Paris agreement and its impact on India

. Understand the utility of treaty on water between nations

 

KEYWORDS

 

Climate, intellectual property, UN, trade

 

 

TREATISE AND AGREEMENTS RELATED TO TRADE

 

The treaties and agreements related to trade traces its origins to the 1944 Bretton Woods Conference, that lead to the foundations of The International Monetary Fund and the World Bank. The conference also recommended for a third leg for the international financial system which they termed International Trade Organization (ITO) all these institutions were established with a common vision and that is to facilitate the flow of imperial capital across the world.

 

US and UK headed the group which recommended the establishment of international trade organization which culminated into the signing of Havana Charter in March of 1948. But the charter never came into being because the US senate failed to ratify it. Hence the organization named international trade organization remained unborn. In the meantime, another agreement was completed which was in favor of reducing the tariffs on cross border trades. These made the states to sign the agreement named (General Agreement on Trade and Tariff) GATT on November 30, 1947. A significant number of states signed the agreement, this agreement provided an alternative to otherwise ineffective ITO (International Trade Organization) despites being criticized for its encroachment on the state`s sovereignty the agreements provided for eight rounds of multi trade agreements (htt27). The Uruguay round facilitated the establishment of World Bank which from then have incorporated the GATT agreement in it and is working in the field of establishing the regime of free trade across the globe. World bank is the legal apparatus

 

 

FIGURE-1(htt26)

 

 

to ensure that the GATT is implemented across the globe. World Bank has consolidated the agreements on trade in more appropriate manner, bringing the economical ideology of free trade expansionism it has set rules for the regime of free trade. From the days of Adam Smith to that of Richardo the world has seen changes in the economical concept from division of labor to the concept of comparative advantage the world has become more economically integrated in terms of trade and financial relations. This has led to the increase in legislations for trade across the border and also in increase of trade agreements across the globe. The structural adjustments were done by various governments at their national level so as to facilitate the terms and objective of world bank. The growing trend toward the neo liberal trade agreements which facilitates imperial capital penetration across the national borders have not always been smooth. The present state of trade relations at the international level is the manifestation of the crises in the capitalist economies which has led to the change in its exploitative stage from one level to another. Which at the present time is Imperialism in disguise globalization and for which the whole superstructure constituting of law at national or international level and the trade agreements are the manifestations of the same.

 

 

INTELLECTUAL PROPERTY RIGHTS AND FREE TRADE AGREEMENTS

 

The growth of neo-imperialism has brought a trend in world trade where the commodification has grown at the maximum level in order to facilitate the imperial design of accumulation by primitive mode. The manifestation of this politico-economic trend is the growth of intellectual property rights and the growth of trade based on such rights. Every sets of commodification brings the object into the ongoing matrix of base and superstructure, the growth of laws in intellectual property is to be seen in the same light.

 

After the Doha Round, the developed first world countries began to promote two types of agreements one on the free trade and the other on investment protection both of these helped the monopoly capital by establishing larger duration for the coverage of the rights related to intellectual property and also by widening the scope of their rights. These provisions call for different types of international legislation on intellectual property both at the detriment of developing and under developed countries. It is interesting to note that the imperialist countries like US and the countries in European union have always been readily available to sign agreements on the free trade regime. This indicates the nature of such agreement and also as to who is going to benefit by such agreements. US and the countries of European union have signed free trade agreements on the intellectual property rights with the third world developing countries like India.

 

The free trade agreement which the European union have signed with south Korea contain the following provisions about intellectual property rights:

 

“- Extending the duration of medicinal patents1 for as many as five years beyond the 20 years already provided for in the TRIPS (The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

 

–  Exclusive protection for the “test data” on drugs and agro toxics, a new form of protection that directly impedes generic drugs from entering the market. This legal provision did not exist in the TRIPS and was deliberately excluded in that negotiation, but was included in a US agreement with Central America and the Dominican Republic. The provision reduces the flexible terms of the TRIPS that otherwise make it possible for the countries to recognize test data to approve a generic drug.

 

–  Adding new trade obligations such as protecting Digital Rights Manage-ment (DRM) that use technology to regulate the number of times a work in digital format may be used, and the conditions of use. Such restrictive technical measures can, for example, track usage to determine whether a work has been copied, loaned, read one or more times, shared, and even printed, in the case of texts. In some legal systems, such as the Digital Millennium Copyright Act of the United States, evading these technical measures is a crime, even when done to exercise a right, such as access to works in the public domain, or fair use” (wea).

 

 

 

TREATISE AND AGREEMENTS RELATED TO ENERGY

 

According to the Paris Climate Agreement a rapid decrease in the world’s consumption of fossil fuels is now mandatory if the Earth is to be saved from climate disaster. Projections of future energy use, however, are unanimous in predicting an increase in the world’s consumption of fossil fuels in coming decades. Either the energy consumption projections are wrong or the Paris goal is unachievable. This post reviews the basic provisions of the Paris Agreement, compares them with six independent estimates of future energy consumption and concludes that while the energy consumption estimates are subject to uncertainty the goals of the Paris Agreement are indeed unachievable.

 

The Paris Climate Agreement

 

The magnitude of the task facing the Paris signatories is illustrated in Figure 1 “no action scenario” supposedly leads to a disastrous 4.5C of warming by 2100 (there is no compelling scientific evidence that it will, but the Paris signatories have decreed that it will). A scenario under which all of the countries that have filed Intended Nationally Determined Contributions meet their targets (which is unlikely) leads to 3.5C of warming. The 2C pathway considered necessary to stave off the worst impacts of climate change is nowhere near being met.

FIGURE-2

 

Energy Agreement for Sustainable Growth of Netherland works with the aim to make the world more sustainable it has members across the globe which combines the neo-realist paradigm with the human security framework. Energy supply has to be sustainable in order to imagine a sustainable world. This agreement is the joint work of people with diverse expertise and interest sections, it includes states, environments friendly groups, employee associations and even the local level of governing bodies. Which is based on the thinking that the common good of each is to be achieved in compliance with the nature’s power of renewal. The combination of private and public players in a single organization have made the organization more concerned about the needs of the present and thereby to look for more sustainable energy sources. The support by the legislative body of Netherland have helped the organization to develop the sustainable form of energy source.

 

The Social and Economic Council of the Netherlands (SER) acts as a platform to facilitate the agreement on energy for the sustainable growth. Through a report named ‘Towards an Energy Agreement for Sustainable Growth’, that was adopted on 16 November 2012. The conference culminated into an agreement for the sustainable alternative to the energy sources. The agreement reached out was the result of more than six months of negotiation by the participations of more than 40-member associations. Various stakeholders participated in the meeting and brought out an agreement on the basis of mutual interest and sustainability of the nature. All these agreements facilitated Netherland`s move toward the sustainable source of energy. 100 percent use of wind energy in the Dutch trainways is an example of efficient use of sustainable energy source, this has been possible due to the efficient planning and the work of agreement among the different interest groups inside the country.

 

TREATISE AND AGREEMENTS RELATED TO WATER

 

The growth in the exploitative economic measures have resulted in decline in quality and quantity of water. The thirst toward commodification and the extent of capitalist overproduction has resulted into scarcity of water, this scarcity is in both quantity and quality. The river which flows across national boundaries have become the hot spot of politics among the rising nation states. It should be understood that war over universal resources like water by nation states would result into overlooking the human security frame involved in the hydro-politics. Under these circumstance agreements for cooperation on sharing of river would cater the need of different stakeholders.

 

Diplomacy can be a tactics to handle the water disputes and the world have seen how diplomatic relationship have solved the problems concerning two or more nation states. In the last 50 years there have been signing of more than 150 agreements related to water sharing. States too look forward for such agreements as this results in stability in the basin over the and it also facilitates states` engagement with other issues of national importance. The history of agreements over international water source can be traced to 2500 BC, when the two Sumerian city-states of Lagash and Umma crafted an agreement that ended water dispute along the Tigris River. After which large number of such treaties have surfaced. According to the Food and Agricultural Organization after 805AD more than 3,600 treaties related to international water resources have been made. Large number of these treaties deal with boundary demarcations and navigation issues. The growth of imperial mode of production have resulted in the changing of focus from boundary demarcation to that of use distribution and appropriation of water resources.

 

Legal agreements on water usages have been made sometimes on the intervention of World Bank while at the other by way of movements to consider human interest involved in water conflicts. It has also been possible due to the realist approach in water resource management. Cambodia, Laos, Thailand and Vietnam, are in a cooperation with each other through Mekong River Commission, even during the Vietnam war they had technical exchanges with each otherwise and Jordan have had talked with each other on water even when they were legally on war with each other. The Indus River Commission is intact despite two wars between India and Pakistan. The Nile River Basin framework was agreed on the framework to reduce poverty, to accelerate economic development and to ensure that water resource is used for the common good of the world citizenries. The Niger river basin framework is also on the similar basis. These cases reflect two needs for the water agreement one is the need of an independent third party having the power of sanction but not with an Austinian sense of law and the other is the need for looking at the broader structural means to respect the universal nature of rivers.

 

FIGURE-3(UN n.d.)

 

The 3600 agreements on water are the reflection of growing concerns for agreements but these agreements have to be seen in the light of broader hydro politics. Presence of agreements doesn’t guarantee absence of conflicts, the local hegemon in the basin is always in the position to appropriate water resource in the way as to harm the interest of its co-riparian state. This becomes more likely when an organization like World Bank (which has favored all most all takeover of resources by the imperial capitalists) becomes a partner in the agreement reached between the co-riparian states. United Nations Convention on Non-Navigational Uses of International Watercourses of 1997 is one of the norms set up by the international community that looks on the matter of water sharing. It laid down two norms that would guide the countries having their interest in the river basin: 1)”equitable and reasonable use” 2)”the obligation not to cause significant harm”.

 

TREATIES

 

The UN General Assembly Resolution on Law of Transboundary Aquifers

 

The General Assembly through its resolution A/RES/63/124 laid down norm to guide the states in their conduct related to transboundary aquifer. It contains provisions as “to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles, which are annexed to the resolution”. The provisions also require mutual cooperation among the states so as to reduce the level pollution to the aquifers and thus to maintain the quality of it. Seeing the importance of the “invisible resource” states are required under this resolution to consider the norms laid down in this as final. This law has helped in a great degree to solve the water disputes in a peaceful way and thus paving the way forward for an equitable share of global resources. Before this there was no international law that would guide the states in their relation with the other states with regard to the sharing of transboundary aquifers.

 

Declaration of year 2013 as ‘International Year of Water Cooperation’

 

The general assembly move to celebrate 2013 as water cooperation year have stimulated the states to think in terms of cooperation and it has encouraged the states having conflicting transboundary water issues to go for a peaceful amical solution.

 

Convention for the Non-Navigational Uses of International Watercourses

 

This is the only treaty that have universal application, it is concerned with the sharing of freshwater bodies. It sets the rules and principles that guides the state when they interact with other state in terms of appropriating transboundary water resources. The key principles that the document provide are: “the equitable and reasonable utilization of international watercourses; the application of appropriate measures to prevent harm to other States sharing an international watercourse; and the principle of prior notification of planned measures”.

 

Celebration of World Water Day 2009

 

The world water day had theme “Shared Waters, Shared Opportunities”. This was done to bring the sense of cooperation among the states to promote cooperation for management of transboundary water resources. This was based on the principle of equity. The common cause behind the sustainable use of such resource was also reflected in declaration of world water day.

 

UN-Water Thematic Priority Area on Transboundary Waters

 

This TPA is to bring a platform for cooperation among the water states so as to settle the disputes regarding the transboundary water resources its management use and distributions. This is done by creating a space for the exchange of information and experience(UNDP 2005).

 

TREATISE AND AGREEMENTS RELATED TO CLIMATE

 

The ever unsatiating greed of capital accumulation and the contradiction between accumulation and the environment limit to accumulation have surfaced in the form of climate change and variations. The major agreement that shows the concern of international community over this issue is United Nations Framework Convention on Climate Change (UNFCCC). This convention was adopted during Rio Earth Summit of 1992. Over 195 countries have given their assent to this convention. It provided the platform for the states across the globe to work in order to stop the global rise in the temperature and also to check the climate change. The signatories of UNFCCC took following steps to further the agreements:

 

Ratified the Doha amendment to the Kyoto Protocol Paris Agreement

 

 

1)  Kyoto Protocol

 

In the mid-1990s, UNFCCC signatories realized that stronger provisions were needed to see a decline in carbon emissions. They agreed for a protocol named Kyoto Protocol that called for a legally binding norm for the developed countries to reduce carbon emission. The agreement came into force in 1997. The period from 1997 to 2013 is also termed as the first commitment period of Kyoto protocol.

 

The second commitment period of Kyoto Protocol began on 2013 and would end on 2020. The participating countries include 38 developed countries and the 28 countries of European union. This period includes the Doha Declaration in which the states have agreed to reduce carbon emission by 18% less than that of 1990 level. While the EU bears the responsibility to reduce by 20% the carbon emission from the 1990 level.

The main problem with the protocol is that the developed countries are not held accountable, in fact there is no mechanism to held them accountable the emission and the loss which they cause to the global climate and its sustainability. The protocol applies only to the 14% of carbon emissions as the major imperialist economies are not the signatories of this protocol.

 

2) Paris Climate Change Conference

 

On 12 December 2015, the Paris conference concluded that the signatories would be limiting the climate change by 2%. The agreement will come into force only when 55 countries that accounts for 55% of global emission have ratified it.

 

EUROPEAN UNION COUNCIL

 

The union covers a vision to reduce the carbon emission by 40% in domestic sector by 2030. Meeting in the Council on 6 March 2015, environment ministers discussed preparations for the Paris conference. The members collectively agreed on 23rd October to reduce the greenhouse gas emissions. The EU prepared Intended Nationally Determined Contribution (INDC) for the new global climate agreement. They were the first to communicated their INDC to UNFCCC on 6th march 2015.

 

SUMMARY

  • – The treaties and agreements related to trade traces its origins to the 1944 Bretton Woods Conference, that lead to the foundations of The International Monetary Fund and the World The conference also recommended for a third leg for the international financial system which they termed International Trade Organization (ITO) all these institutions were established with a common vision and that is to facilitate the flow of imperial capital across the world.
  • – According to the Paris Climate Agreement a rapid decrease in the world’s consumption of fossil fuels is now mandatory if the Earth is to be saved from climate disaster. Projections of future energy use, however, are unanimous in predicting an increase in the world’s consumption of fossil fuels in coming decades.

 

The thirst toward commodification and the extent of capitalist overproduction has resulted into scarcity of water, this scarcity is in both quantity and quality. The river which flows across national boundaries have become the hot spot of politics among the rising nation states. It should be understood that war over universal resources like water by nation states would result into overlooking the human security frame involved in the hydro-politics (htt28).

 

 

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References

  • http://keywordteam.net/gallery/693113.html.
  • http://guides.ll.georgetown.edu/c.php?g=363556&p=4074566.
  • http://www.consilium.europa.eu/en/policies/climate-change/international-agreements-climate-action/.
  • http://www.un.org/waterforlifedecade/transboundary_waters.shtml.
  • UNDP. 2005. “Beyond scarcity: Power, poverty and the global water crisis.”