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International Relations — Treaties and Conventions

Figure 1: Major international treaties and conventions are frequently tested in UPSC Preliminary and Mains examinations.

1. Nuclear Energy Treaties

1.1 Pelindaba Treaty

54 African nations have signed it.
India has not signed the treaty.
The treaty was signed in 1996 and came into effect in July 2009.
It aims at preventing nuclear proliferation and preventing strategic minerals of Africa from being exported freely.
It establishes a Nuclear-Weapon-Free Zone in Africa.
It also prohibits member parties from coming into bilateral agreement with countries who are non-signatories of NPT.

1.2 Treaty on the Prohibition of Nuclear Weapons

54 states have ratified it.
India has not signed the treaty.
Signed in 2017 and came into force in 2021.
It is the first legally binding international agreement to comprehensively prohibit nuclear weapons.
It has the goal of leading towards total elimination of nuclear weapons.

1.3 Comprehensive Nuclear-Test-Ban Treaty (CTBT)

185 signatories out of which 178 have ratified it.
India has not signed the treaty.
It was negotiated in 1996 at the Conference of Disarmament in Geneva.
Aim: Ban all kinds of Nuclear explosions — anywhere and everywhere.

1.4 New START (Strategic Arms Reduction) Treaty

The USA and Russia are the key parties involved.
It entered into force on 5th February 2011.
Its duration was for ten years (till 2021), but it was extended by five more years till 2026.
It continues the bipartisan process of verifiably reducing U.S. and Russian strategic nuclear arsenals by limiting both sides to 700 strategic launchers and 1,550 operational warheads.

KNOWLEDGE NUGGET — NUCLEAR TREATIES

Pelindaba Treaty: 1996 | Africa NWFZ | India NOT signed
Nuclear Ban Treaty: 2017 | First legally binding prohibition | India NOT signed
CTBT: 1996 | Ban nuclear explosions | India NOT signed
New START: 2011 | US-Russia | 700 launchers, 1,550 warheads | Extended till 2026

2. Weapons, Arms and Ammunition

2.1 Hague Code of Conduct (HCoC)

143 countries have subscribed to the HCoC.
It is a voluntary, legally non-binding international confidence building and transparency measure that seeks to prevent the proliferation of ballistic missiles that are capable of delivering weapons of mass destruction.
It was formally brought into effect on November 25, 2002, at a launching conference hosted by the Netherlands in The Hague.
India's joining HCoC strengthened the worldwide attempt to contain the spread of ballistic missiles.

2.2 Chemical Weapons Convention (CWC)

Open to all nations (193 states-parties).
India is a signatory and party to the same.
It is a multilateral treaty that bans chemical weapons and requires their destruction within a specified period of time.
It entered into force on April 29, 1997.
It requires states-parties to declare in writing to the Organisation for the Prohibition of Chemical Weapons (OPCW) their chemical weapons stockpiles, chemical weapons production facilities (CWPF), relevant chemical industry facilities, and other weapons-related information.

2.3 Biological Weapons Convention (BWC)

It has 183 signatories, including the United States, Russia, and Ukraine.
India has signed and ratified this convention.
Came into force in 1975 and the Convention was negotiated by the Conference of the Committee on Disarmament in Geneva, Switzerland.
Treaty prohibits the development, production, acquisition, transfer, stockpiling and use of biological weapons.
It was the first multilateral disarmament treaty banning an entire category of weapons of mass destruction (WMD).

2.4 UN Arms Trade Treaty (UN-ATT)

105 states have ratified the treaty, and a further 32 states have signed but not ratified it.
India has abstained from voting.
It entered into force on 24th December 2014.
The UN-ATT regulates the international trade in conventional arms, from small arms to battle tanks, combat aircraft and warships, and controls the flow of weapons into conflict zones.
The treaty requires member countries to keep records of international transfers of weapons and to prohibit cross-border shipments that could be used in human rights violations or attacks on civilians.

2.5 Outer Space Treaty

110 countries are parties to the treaty.
India ratified the agreement in 1982.
The treaty was opened for signature on 27 January 1967, and entered into force on 10 October 1967.
According to this treaty, outer space shall be used only for peaceful purposes.
It prohibits countries from placing into orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction.
It requires that celestial bodies shall be used by all parties exclusively for peaceful purposes and no weapon can be stationed on them.
However, the Outer Space Treaty by itself does not prevent arms race in space.

KNOWLEDGE NUGGET — ARMS TREATIES

HCoC: 2002 | Ballistic missile proliferation | India joined
CWC: 1997 | Bans chemical weapons | India signatory
BWC: 1975 | First WMD ban treaty | India ratified
UN-ATT: 2014 | Conventional arms trade | India abstained
Outer Space Treaty: 1967 | Peaceful use only | India ratified 1982

3. Maritime Conventions

3.1 UN High Seas Treaty

193 member nations have signed it.
India is a signatory.
The treaty is built on the legacy of the UN Convention on the Law of the Sea (UNCLOS), which is the last international agreement on ocean protection, signed in 1982. UNCLOS established an area called the high seas.
It is the first-ever treaty to protect the world's oceans that lie outside national boundaries and is also known as the 'Paris Agreement for the Ocean'.
It is a legally binding treaty that aims at protecting, caring for, and ensuring the responsible use of the marine environment, maintaining the integrity of ocean ecosystems, and conserving the inherent value of marine biological diversity.

3.2 Djibouti Code of Conduct

It has been signed by 20 countries.
India is an observer member.
It was adopted on 29th January 2009.
It was established under the International Maritime Organization (IMO).
It is also known as the Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden.
Under the code, the signatories agreed to co-operate on these aspects.
The member states are located in areas adjoining the Red Sea, Gulf of Aden and the east coast of Africa and include island nations in the Indian Ocean.

3.3 Hong Kong Convention for Ship Recycling

Adopted by the International Maritime Organization (IMO).
Yet to come into force.
India is a part of the convention.
The convention was adopted at a diplomatic conference held in Hong Kong, China, from 11th-15th May 2009.
Aim: To ensure that ships, when being recycled after reaching the end of their operational lives, do not pose any unnecessary risks to human health and safety and the environment.
It intends to address all the issues around ship recycling, including the probable presence of environmentally hazardous substances such as asbestos, heavy metals, hydrocarbons, ozone depleting substances and others.

KNOWLEDGE NUGGET — MARITIME

High Seas Treaty: "Paris Agreement for the Ocean" | India signatory
Djibouti Code: 2009 | Anti-piracy in Indian Ocean/Gulf of Aden | India observer
Hong Kong Convention: 2009 | Ship recycling | India part | Yet to enter into force

4. Humanitarian Issues

4.1 Hague Adoption Convention

104 countries including India are signatories.
India has ratified the convention.
The Convention was developed by the Hague Conference on Private International Law.
It was concluded in 1993 and entered into force in 1995.
Aims to protect children and their families against illegal or ill-prepared Inter-Country adoptions.
Also attempts to prevent the abduction, sale of, or trafficking of children.

4.2 UN Convention against Torture (UNCAT)

It has been ratified by 20 states.
India signed the convention in 1997 but has not ratified.
UNCAT was adopted by the United Nations General Assembly on 10 December 1984, and it entered into force on 26 June 1987.
It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
Since the convention's entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

4.3 1951 Refugee Convention

A total of 149 countries are parties to either the 1951 Convention or the 1967 Protocol, or both.
India is a member.
It is a global treaty that addresses the rights and protection of refugees worldwide.
The Convention provides a clear definition of a refugee and outlines the assistance, rights, and legal protections they are entitled to.
It also details the responsibilities of refugees towards their host countries and specifies certain categories of individuals, such as war criminals, who are not eligible for refugee status.

4.4 Geneva Conventions

The Conventions of Geneva are adhered to by almost 190 countries.
India is also a part of the Convention.
It was established in 1864, although it was completely rewritten in 1949.
They protect people who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war).
First Geneva Convention: Protects wounded and sick soldiers on land during war.
Second Geneva Convention: Protects wounded, sick and shipwrecked military personnel at sea during war.
Third Geneva Convention: Applies to prisoners of war.
Fourth Geneva Convention: Affords protection to civilians, including in occupied territory.

KNOWLEDGE NUGGET — HUMANITARIAN

Hague Adoption: 1993 | India ratified | Protects children from trafficking
UNCAT: 1984 | India signed 1997, NOT ratified
Refugee Convention: 1951 | India member | Defines refugee rights
Geneva Conventions: 1949 | India part | 4 conventions protecting civilians, POWs, wounded

5. Strategic Conventions

5.1 Minerals Security Partnership (MSP)

MSP involves 14 countries including the UK, Australia, France, and Germany, and the European Union.
India joined in June 2023.
The partnership was announced at the world's largest mining event, held in Toronto in August 2022 and is also known as the critical minerals alliance.
MSP is an ambitious new US-led partnership to secure supply chains of critical minerals, aimed at reducing dependency on China.
There is no global definition of critical minerals, but essentially, they are mineral deposits with high economic vulnerability and high global supply chain risk.
Recently, India has released a list of 30 critical minerals crucial for its economic growth and development across sectors.

5.2 Caspian Sea Breakthrough Treaty

It was signed in August 2018.
India not a member.
Five Caspian Sea states (Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan) reached a breakthrough agreement on sovereign rights to the sea.
It ends a spat over whether the Caspian is a sea or a lake, granting it special legal status meaning that it is not defined as a sea or a lake.
These countries are Caspian Sea border countries and have reached a negotiation to divide resources and eliminate military setting from any other power country.
The treaty includes aspects like right to exploration, fisheries, navigation, transportation, ecosystem, biodiversity, inter alia. It paves the way for new oil and gas extraction and pipelines.

5.3 Antarctic Treaty

Currently it has 56 parties.
India became a member of this treaty in 1983.
The Antarctic Treaty was signed between 12 countries in Washington on 1st December 1959, came into force in 1961.
It is the whole complex of arrangements made for the purpose of regulating relations among states in the Antarctic.
The twelve original signatories are: Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Union of Soviet Socialist Republics, the UK and the USA.
Its purpose is to ensure in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord.
It aims at making the Antarctic Continent a demilitarized zone to be preserved for scientific research only.

5.4 Montreux Convention

The international agreement was signed by Australia, Bulgaria, France, Greece, Japan, Romania, Yugoslavia, the United Kingdom, the Soviet Union and Turkey.
It was signed in 1936.
Montreux Convention is an agreement concerning the Dardanelles Strait and the Bosporus Strait, also known as the Turkish straits or the Black Sea straits. The Turkish straits are the only maritime passage between the Black Sea and the Mediterranean Sea.
It gives Turkey control over the water route between the Black Sea.
In the event of a war, the pact gives Turkey the right to regulate the transit of naval warships and to block the straits for warships belonging to the countries involved in the conflict.

KNOWLEDGE NUGGET — STRATEGIC

MSP: 2022 | Critical minerals alliance | India joined 2023 | US-led
Caspian Sea Treaty: 2018 | 5 states | India NOT member
Antarctic Treaty: 1959 | 56 parties | India joined 1983
Montreux Convention: 1936 | Turkish straits | Turkey controls passage

6. Miscellaneous

6.1 Singapore Convention on Mediation

As of 22 December 2021, the Convention has 55 signatories, of which eight are parties (India is not among the 8 parties).
The Convention was finalised at the 51st UNCITRAL Commission session, which came to a close in July 2018.
The Convention entered into force in 2020.
It applies to international settlement agreements resulting from mediation, concluded by parties to resolve a commercial dispute. For the purposes of the Convention, the terms 'mediation' and 'conciliation' can be taken to be interchangeable.
It is the first UN treaty to be named after Singapore.

6.2 Budapest Convention

This convention was drafted by the Council of Europe in Strasbourg, France.
Endorsed by 64 countries.
India is not a participant.
It was introduced in 2001 and officially came into force on July 1, 2004.
Its three primary objectives include:
- Enhancing investigative techniques in tackling cybercrime
- Fostering cooperation among nations
- Standardizing national laws pertaining to cybercrime

6.3 International Convention on Road Traffic

There are 90 signatories to this treaty including India.
The Convention was prepared and opened for signature by the United Nations Conference on Road and Motor Transport held at Geneva from 23 August to 19 September 1949. It came into force on 26 March 1952.
It is an international treaty promoting the development and safety of international road traffic by establishing certain uniform rules among the contracting parties.
The convention addresses minimum mechanical and safety equipment needed to be on board and defines an identification mark to identify the origin of the vehicle.

6.4 Vienna Convention on Diplomatic Relations

At present 193 countries are party to the document.
India ratified it through the Diplomatic Relations (Vienna Convention) Act of 1972.
Exceptions: Palau and South Sudan are not the party.
The Vienna Convention on Diplomatic Relations (1961) is established to define fundamental principles and terms governing how countries must treat each other's diplomatic representatives.
It was adopted on 14th April 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held at the Neue Hofburg in Vienna, Austria.
It grants diplomats exemption from certain laws and taxes in the host country where they are posted. It ensures that diplomats can fulfill their duties without fear, threat, or intimidation.

6.5 TRIPS (Trade-Related Aspects of Intellectual Property Rights)

All members of the WTO have signed the agreement.
India signed the agreement in 2007.
TRIPS was negotiated at the end of the Uruguay Round of GATT between 1989 and 1990 and is administered by the WTO.
TRIPS is an international legal agreement between all the member nations of the World Trade Organization (WTO).
The TRIPS Agreement sets minimum standards of protection for copyrights and related rights, trademarks, geographical indications (GIs), industrial designs, patents, integrated circuit layout designs, and undisclosed information.
Some areas in the IP sector were not covered by these agreements. In some cases, the standards of protection prescribed were thought to be inadequate.

6.6 Mission Innovation

It was initiated by 20 countries, including the United States, China, India, and the United Kingdom.
It was launched at the 2015 COP21 climate summit in Paris, France.
Mission Innovation is a global initiative to catalyse a decade of action and investment in research, development and demonstration.
This is done to make clean energy affordable, attractive and accessible. This will accelerate the process of achieving the goals of the Paris Agreement and the routes to net zero.

6.7 Kimberley Process (KPCS)

India is one of the founder members of the KPCS.
The KPCS came into effect from 1st January 2003 and evolved into an effective mechanism for stopping the trade in conflict diamonds.
The Kimberley Process is a joint initiative involving Government, International Diamond Industry and Civil Society to stem the flow of Conflict Diamonds.
At present, KPCS has 55 members representing 82 countries including the EU with 28 members.
Conflict diamonds — 'rough diamonds used to finance wars against governments' — around the world.
It is also described in United Nations Security Council (UNSC) resolutions.

6.8 TIR Convention

It has 78 Contracting Parties.
India had joined the TIR Convention in 2017.
It came into force in 1975 replacing the older agreements.
TIR is an international transit system under the auspices of the United Nations Economic Commission for Europe (UNECE) to facilitate the seamless movement of goods within and amongst the Parties to the Convention.
The TIR system not only covers customs transit by road but a combination is possible with other modes of transport (e.g., rail, inland waterways, and even maritime transport), as long as at least one part of the total transport is made by road.

6.9 Cape Town Convention

Members: 65 countries.
India acceded to the CTC in 2018 but has not been ratified by the Parliament yet.
It was concluded in Cape Town on 16th November 2001, as was the Protocol on Matters Specific to Aircraft Equipment.
It plays a crucial role in the international aviation industry by providing a legal framework for the financing and leasing of high-value mobile assets like aircraft.
It eases the financing and leasing of aircraft, engines, and spare parts by reducing lessors' risk and expanding legal predictability in these transactions, including the case of insolvency.

6.10 Kampala Declaration

Adopted recently by 48 African countries.
It aims to provide African states with a unified position for the Africa Climate Summit and the Conference of Parties (COP28).
The Declaration is the first comprehensive, action-oriented framework led by Member States to address climate-induced mobility in a practical and effective manner.
Recently, 48 African countries agreed to adopt the Kampala Ministerial Declaration on Migration, Environment and Climate Change.

6.11 Open Skies Treaty

Both the US and Russia are signatories of the treaty.
India is not a member of this treaty.
It was signed in 1992 and came into effect in 2002.
It is an agreement that allows its 34 signatory countries to monitor arms development by conducting surveillance flights (unarmed) over each other's territories.
Therefore, the treaty established an aerial surveillance system for its participants.
The United States withdrew from the treaty in November 2020, and Russia withdrew in December 2021, which left 32 state-parties remaining in the accord.

6.12 Just Energy Transition Partnership (JETP)

The 1st JETP was with South Africa and was announced at COP 26 Glasgow in November 2021.
JETP is an initiative of the G7 countries.
It aims to assist major developing economies in the transition from coal and achieve Paris climate objectives, reduce power sector emissions, decrease coal use, and expand renewable energy.
India is seen as the next candidate for a JET Partnership after South Africa, Indonesia, and Vietnam.

Key Takeaways for UPSC

Singapore Convention: 2020 | Mediation | First UN treaty named after Singapore | India not among parties
Budapest Convention: 2001 | Cybercrime | India NOT a participant
Vienna Convention: 1961 | Diplomatic relations | India ratified 1972
TRIPS: 1995 | IP rights | India signed 2007
Mission Innovation: 2015 | Clean energy | India member
Kimberley Process: 2003 | Conflict diamonds | India founder member
TIR Convention: 1975 | Goods transit | India joined 2017
Cape Town Convention: 2001 | Aircraft financing | India acceded 2018, not ratified
Kampala Declaration: 2023 | Climate-induced mobility | 48 African countries
Open Skies Treaty: 1992 | Aerial surveillance | India NOT member
JETP: 2021 | G7 initiative | India next candidate

High-Yield Interactive UPSC Quiz (Treaties and Conventions)

Q1. The Pelindaba Treaty establishes a Nuclear-Weapon-Free Zone in which continent?

Correct Answer: C. The Pelindaba Treaty establishes a Nuclear-Weapon-Free Zone in Africa. It was signed in 1996 and came into effect in July 2009.

Q2. Which treaty is the first legally binding international agreement to comprehensively prohibit nuclear weapons?

Correct Answer: C. The Treaty on the Prohibition of Nuclear Weapons (2017) is the first legally binding international agreement to comprehensively prohibit nuclear weapons. It came into force in 2021.

Q3. India has NOT signed which of the following nuclear treaties?

Correct Answer: D. India has NOT signed the Pelindaba Treaty, CTBT, or the Treaty on the Prohibition of Nuclear Weapons.

Q4. The Chemical Weapons Convention (CWC) entered into force on:

Correct Answer: B. The Chemical Weapons Convention (CWC) entered into force on April 29, 1997. India is a signatory and party to the convention.

Q5. The Biological Weapons Convention was the first multilateral disarmament treaty banning an entire category of WMD. It came into force in which year?

Correct Answer: C. The Biological Weapons Convention came into force in 1975. It prohibits the development, production, acquisition, transfer, stockpiling and use of biological weapons.

Q6. India's status regarding the UN Arms Trade Treaty is:

Correct Answer: C. India has abstained from voting on the UN Arms Trade Treaty (UN-ATT), which entered into force on 24th December 2014.

Q7. The Outer Space Treaty prohibits the placement of which weapons in space?

Correct Answer: B. The Outer Space Treaty prohibits countries from placing into orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction.

Q8. The UN High Seas Treaty is also known as:

Correct Answer: C. The UN High Seas Treaty is also known as the 'Paris Agreement for the Ocean'. It is the first-ever treaty to protect the world's oceans that lie outside national boundaries.

Q9. India's status regarding the UN Convention against Torture (UNCAT) is:

Correct Answer: B. India signed the UN Convention against Torture (UNCAT) in 1997 but has not ratified it.

Q10. Which treaty allows signatory countries to conduct surveillance flights over each other's territories?

Correct Answer: C. The Open Skies Treaty (1992) allows its 34 signatory countries to monitor arms development by conducting surveillance flights (unarmed) over each other's territories. India is not a member.

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