Department of Fisheries to impart Tuna Handling and Export Skills (See 'Corp Brief') A&C - Contractual arbitration clauses that permit employee/ex-employee of public body to act as arbitrator must be read alongside neutrality and impartiality requirements and Article 14/19 of Constitution: HC Capital Market - If exemption granted is limited to requirements of making open offer under Takeover Regulations, it shall not be construed as exemption from disclosure requirements: SEBI (See 'Legal Desk') National Biodiversity Authority releases Rs 18.3 Lakh to Committees in UP and Sikkim (See 'Corp Brief') IBC - Section 16(2) of IBC clearly requires the IRP to be appointed as suggested by Financial Creditor or Corporate Debtor & such provision does not allow any deviation: HC (See 'Legal Desk') Kurian calls for active registration under NFDP (See 'Corp Brief') PMLA - Provisions of PMLA over other statutes related to property encumbrances; attachment of property is tenable where it is acquired through proceeds of crime: SAFEMA TRIBUNAL (See 'Legal Desk') DPIIT, Primus Partners Pvt. Ltd. ink MoU to bolster startup ecosystem (See 'Corp Brief') PBPT Act - a land sale is indeed a benami transaction, where payment is made by beneficial owner for future benefit of her family, while land is registered in name of somebody else: SAFEMA Tribunal (See 'Legal Desk') DPIIT, Kotak Mahindra Bank ink MoU to enhance financial & non-financial support for startups (See 'Corp Brief') IBC/RTI - CPIO not required to generate, interpret, or explain records; appeal against FAA's order is not tenable where all relevant information is provided: IBBI (See 'Legal Desk') Centre plans inspection drives and field verification to ensure compliance (See 'Corp Brief') India continues to rank 3rd in Annual Forest Gain (See 'Corp Brief') RERA - Promoters are mandatorily required to comply with statutory condition of pre-deposit u/s 43(5) of Real Estate (Regulation and Development) Act, 2016 before appeal can be entertained: HC (See 'Legal Desk') Government intervention and Corporate governance (See CORP EINSICHT)

Plastic pollution: India favours avoiding overlap of proposed Instrument

Published: Nov 29, 2024

By TIOLCorplaws News Service

EW DELHI, NOV 29, 2024: THE Indian delegation, participating in the 5th session of the Intergovernmental Negotiating Committee (INC-5), called upon member States to develop clear scope and principle for the new International legally-binding instrument on plastic pollution. This would allow the new treaty to be effective and workable at the international level. The INC-5 is being held from 25th November to 1st December, 2024, at Busan (Republic of Korea).

The Indian delegation highlighted the importance of having clear scope of the new instrument, and stated that the new instrument must draw the mandate on scope from the resolution adopted by 5th session of United Nations Environment Assembly (UNEA) in 2022, in order to address plastic pollution.

Further, India highlighted that there should not be any overlap with mandates of other multilateral environmental agreements such as Basel, Rotterdam and Stockholm Conventions and international bodies like World Trade Organization. Such an approach would allow to focus negotiations on the areas, not covered under already existing any international instrument or body, specifically with reference to addressing plastic pollution.

The Indian delegation also emphasized the need for the new international legally-binding instrument to be understood, acted upon, implemented, reported and evaluated, following the principles of the Rio Declaration on Environment and Development. Special emphasis was laid on the principles common but differentiated responsibilities, national circumstances, priorities and capabilities of developing countries, right to development and in consistency with international agreements or instruments. 

While recognizing the non-paper prepared by the Chair of INC as valuable document to facilitate negotiations at INC, the Indian delegation mentioned during the plenary session that these important articles were missing in the third iteration of the non-paper, while they were present in compilation text adopted by fourth session of INC held in Ottawa. The Indian delegation called upon the INC Chair to include discussions on these important articles during the fifth session of INC in Busan.

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