The Hindu Editorial

29-November-2023

1. Time for action: On COP-28 climate meeting in Dubai

Topic: GS3- Climate Change

• The next fortnight will see world leaders, industrialists, activists, and indigenous peoples converge at the 28th edition of the Conference of the Parties (COP).
• This annual affair is an attempt to inch ahead on getting at least 190 countries, all members of the United Nations climate framework, to act on weaning their economies off fossil fuels.

Objectives:

• The current goal is to make good on a collective commitment made by countries in Paris, in 2015, to strive to hold global temperatures to no higher than 1.5°C above pre-industrial levels by the end of the century and definitely below 2°C.
• Despite countries unanimously agreeing that humanity will collectively bear a huge price if these limits are breached, and nearly all major economies framing grand national plans to show how they are doing ‘their bit’, the science says that instead of being cut 8% annually, emissions have grown 1.2% from 2021-22.
• At this rate, the world will warm 2.5-3°C by the end of the century. There have already been 86 instances just this year of global temperatures breaching the dreaded 1.5°C threshold.

Obligation of Developed countries:

• In the nearly three decades of COP meetings, the major economies have agreed on three broad principles. Countries that rapidly industrialised in the 20th century have disproportionately emitted more carbon than their ‘fair share’ given the population sustained.
• Economic growth premised on fossil fuel consumption, while cheaper per unit than renewable energy, spells disaster. And developing countries and those with minimal industrial infrastructure today must be compensated for adopting costlier, but cleaner, non-fossil fuel sources for growing their economies.
• There is also a consensus that the countries already weathering climate disasters must be compensated and also paid to bolster their infrastructure.
• However, getting all countries to actually act on these principles is onerous given the mutual suspicion, the spirit of de-globalisation, and the fear of political reprisal that heads of governments face within their constituencies. These themes are expected to play out this year too.

Issues will be covered:

• Two major issues are expected to take the stage: the conclusion of the Global Stocktakeand the operationalisation of the Loss and Damage Fund.
• However, there is no clarity on the size of the fund and the individual contributions by countries.
• While COPs, by nature, are self-congratulatory when all they deliver are agreements with elaborate caveats, COP28 must strive to live up to its declared goal of being a conclave that compels its signatories to take definitive action.

2. A non-starter: On the suggestion for an All-India Judicial Service

Topic: GS2- Judiciary

• Good intentions do not always make for sound policy. President Droupadi Murmu’s suggestion that the creation of an All-India Judicial Service (AIJS) will help diversify the judiciary by allowing bright youngsters from varied backgrounds to become judges through a merit-based process revives the debate on whether a national system of recruitment at the district judge level is desirable.

Hurdles:

• However, as the Union Law Minister disclosed last year in the Rajya Sabha, there is no consensus on the proposal.
• Only two High Courts agreed to the idea, while 13 were against it.
• The AIJS may not be the panacea it appears to be. The current system of recruitment of district judges through the respective High Courts and other subordinate judicial officers through public service commissions is more conducive to ensuring diversity, as there is scope for both reservation and a clear understanding of local practices and conditions.
• Unlike the civil service, judges are not assisted by an experienced lower bureaucracy in decision-making, and they require to be well-versed in the issues involved for judicial functioning.

Provisions:

• Article 312 provides for the creation of an AIJS, and requires a resolution adopted by the Council of States with two-thirds majority, and a parliamentary law.
• This Constitution recognises that rules governing the subordinate judiciary in the States will have to be superseded by a central law for this proposal to achieve fruition.
• It is unlikely that all States will agree to one more subject from their domain being consumed by centralisation. On the face of it, it may appear that a national service for judges not inferior to the post of district judges, with a superannuation age of 60, will be an attractive proposition for young lawyers to apply for it.

Systemic Flaws:

• However, it cannot be forgotten that legal education lacks country-wide uniformity. After enrolling, lawyers typically consider judicial service based on practical experience rather than academic brilliance.
• Toppers, especially from the few elite law schools, are unlikely to sit for a national judicial service recruitment examination. In comparison, options such as litigation, joining law firms and going into the corporate sector will appear more beneficial. Further, given that the number of district judges elevated to the High Courts is much lower than those from the Bar, the lack of certainty on career progression may also render a national judicial service unattractive.

3. The challenge of maritime security in the Global South

Topic: GS3- Security

New threats in the maritime domain:

• In recent years, hard security challenges in the maritime domain have acquired a new, menacing dimension. 
• Whether with Ukraine’s growing use of asymmetrical tactics against Russia in the Black Sea or China’s deployment of maritime militias in the South China Sea, there is an unmistakable element of improvisation. 
• The radical new tactics at sea involve the use of grey­zone warfare, land attack missiles, and combat drones.
• It is instructive, however, that the bulk of the demand for maritime security in recent years has come from states facing unconventional security threats, such as illegal fishing,natural disasters, marine pollution, human and drug trafficking, and the impact of climate change. 

Security of Global South:

• These are difficultto fight using only military  
• States must instead be prepared to commit capital, resources, and specialist personnel over prolonged periods to meet security needs.
• Throughout its G20 presidency, India has sought to emphasise the concerns of the Global South in discussions to findsolutions to the most pressing issues in the maritime domain. 
• Yet, there is no functioning template to fightnon­-traditional threats at sea. Sustainable development goals in the littorals remain unrealised, as voices from littoral states in Asia, Africa, and the Southern Pacific are ignored by the developed 
• There is a widespread perception in the Global South that the zero­sum competition among powerful nations in the Indo ­Pacifichas been to the detriment of the developing world. 
• The contemporary security agenda is an interconnected set of objectives involving national, environmental, economic, and human security goals. 
• The cross ­jurisdictional linkages between these diverse areas make them challenging to manage. This phenomenon is particularly pronounced in the Global South, which findsitself especially challenged in meeting the objectives of marine governance.
• What is more, rising sea levels, marine pollution, climate change, and natural disasters have had a disproportionate impact on less developed states, placing them in a position of vulnerability.
• Worryingly, littoral states in Asia and Africa have unequal law­enforcement capabilities and lack the security coordination required to jointly combat maritime threats. 
• Many have varying security priorities and are not always willing to leverage partner capabilities to combat threats such as piracy, armed robbery, and maritime terrorism. 
• Some even resist maritime coo eration with partner nations in a bid to reduce reliance on foreign agencies. 
• They are willing to share information with such states, but only enough to advance common minimum security goals.

Creative models:

• Maritime security is more than a matter of hard military action and law enforcement. Sea power is increasingly about generating prosperity and meeting the aspirations of the people. 
• India’s Maritime Vision 2030 sets out a creative model.
• This 10­year blueprint for the maritime sector envisages the development of ports, shipping, and inland waterways as a way of generating growth and livelihoods. 
• Dhaka’s inaugural official document on the Indo­ Pacificdetails guiding principles and objectives that demonstrate a developmental approach to maritime security, focused on the provisioning of goods and services, and the protection of marine resources.
• The talk in Africa, too, is about a thriving Blue Economy and a secure maritime domain.
• This does not detract from the enormity of the task in the southern seas — in particular, the fight against illegal fishingin Asia and  
• The sharp uptick in illegal unreported and unregulated fishinghas been aided by faulty policies that encourage destructive fishing methods such as bottom trawling and seine fishing. 
• Environmentalistshighlight three specific anomalies: lenient regulations that allow for the misuse of resources; lax implementation of the law by security agencies; and the harmful impact of subsidies that states offer to incentivise smaller fishermen to shift to motorised 
• Among the proposals that set  ut ways to deal with maritime challenges is India’s Indo ­Pacific Oceans Initiative. 
• It rests on seven pillars including maritime ecology, mar ne resources, capacity building, disaster risk reduction, and maritime connectivity. 
• It acknowledges that countries need collective soluti ns to their common problems, especially since they remain economically interdependent.
• It is to India’s credit that the initiative has the support of major Indo­Pacificstates, many from the 

No consensus:

• Even so, implementing a collaborative strategy is challenging since it requires maritime agencies to improve interoperability, share intelligence, and agree on a regional rules ­based order. 
• States must adapt to an integrated form of maritime security operations and overhaul regulatory frameworks to align domestic regulation with international law — an unappealing proposition for many that continue to prioritise sovereignty and strategic independence over collective action.
• Unsurprisingly, consensus eludes the Global South. Notwithstanding their espoused positions on the need for a cooperative security architecture, many littoral states are reluctant to pursue concrete solutions to the challenges at sea. 
• It highlights a paradox of non-­traditional maritime security: the collective issues that developing nations face and the creative solutions they seek are at odds with their sense of political and strategic autonomy.

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