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  • Author: Sumitra Badrinathan, Devesh Kapur, Milan Vaishnav
  • Publication Date: 02-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: Indian Americans are now the second-largest immigrant group in the United States. Their growing political influence and the role the diaspora plays in Indian foreign policy therefore raises important questions—about how Indian Americans view India, the political changes underway there, and the course of U.S.-India relations. Since coming to power in 2014, Indian Prime Minister Narendra Modi has made outreach to the far-flung Indian diaspora a signature element of his government’s foreign policy. Modi’s courtship of the diaspora has been especially notable in the United States, where the Indian American population has swelled to more than 4 million and has become the second-largest immigrant group in the United States.1 In two separate, large rallies on U.S. soil—in 2014 and 2019—Modi sought to highlight the achievements of the diaspora, outlining the many ways in which they can support India’s interests from afar while underscoring their increasingly substantial economic, political, and social influence in the United States. These high-octane gatherings, however, naturally lead to a series of questions: How do Indians in America regard India, and how do they remain connected to developments there? What are their attitudes toward Indian politics and changes underway in their ancestral homeland? And what role, if any, do they envision for the United States in engaging with India?
  • Topic: Foreign Policy, Bilateral Relations, Immigration, Public Opinion, Survey
  • Political Geography: South Asia, India, North America, United States of America
  • Author: Vijay Gokhale
  • Publication Date: 03-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: China and India struggle to comprehend each other’s international ambitions. The misperceptions that follow lead to a lack of trust, border skirmishes, and potentially worse. On June 15, 2020, Indian and Chinese troops engaged in a brawl that left twenty Indian soldiers dead while causing an unspecified number of Chinese casualties. The clash is a part of a broader border standoff along the Galwan River between the two forces on the Line of Actual Control that is yet to be resolved. The Indian strategic community is broadly in agreement that this border dispute marks an implacable decline in India-China ties. They argue that the very basis of relations that emerged after former Indian prime minister Rajiv Gandhi’s visit to Beijing in 1988 has been shaken, if not destroyed. Yet, how did the two countries manage to reach this nadir in ties, and furthermore, what does the Galwan clash signify for the future of Sino-Indian relations? This paper argues that, long before the present border dispute occurred, Sino-Indian relations had been steadily declining due to rampant misperceptions of the other side, contributing to a lack of trust. The most fundamental misperception between the two countries is the inability to comprehend each other’s international ambitions, yielding the fear that their foreign policies are targeted against the other. This paper traces the impact and development of these misperceptions on Sino-Indian ties through three different phases before considering the future of the relationship after the Galwan dispute.
  • Topic: Foreign Policy, Bilateral Relations, Territorial Disputes, Borders
  • Political Geography: China, South Asia, India, Asia
  • Author: Anirudh Burman
  • Publication Date: 04-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: As India’s economy recovers from the coronavirus pandemic, Indian businesses need efficient financial structures to regain their ground. Key reforms to India’s Insolvency and Bankruptcy Code could fill these gaps. One of the key drivers of economic recovery in India will be the efficient movement of capital from inefficient firms to efficient ones. The economic downturn caused by the coronavirus pandemic has been severe, and India’s economy was one of the worst affected in 2020–2021. Though the economy is recovering faster than initial estimates, sustained economic recovery will not take place if stressed businesses cannot restructure their debts properly or if failing firms cannot be resolved efficiently. India’s bankruptcy law is key to solving these challenges. In 2016 India enacted the Insolvency and Bankruptcy Code, 2016 (IBC), which was a landmark reform to the nation’s financial system and the first comprehensive law to regulate insolvency.1 But the IBC has been suspended for a period of one year since the COVID-19-related lockdown was imposed in March 2020. In its place, India’s banking regulator, the Reserve Bank of India (RBI), has introduced a limited restructuring scheme for COVID-19-related stress in the meantime. Older mechanisms for insolvency that are still in operation have historically not worked according to expectations. As the one-year period of suspension comes to a close, this paper argues that bringing back the IBC—with adequate modifications—is an important prerequisite for sustained economic growth. India historically suffered from a patchwork framework of insolvency laws that either did not give lenders adequate powers to recover their debts upon default or only catered to the interests of certain kinds of lenders—to the exclusion of others.2 The IBC is a modern and comprehensive bankruptcy law that since its enactment has had a significant role in reducing the problem of nonperforming assets (NPAs), or “bad loans,” in India’s financial system. In the wake of the economic disruption caused by COVID-19, the Indian government suspended the operation of critical parts of the IBC. These changes meant that lenders could not trigger insolvency proceedings against defaulting businesses if the default occurred after March 20, 2020. While this suspension possibly prevented unnecessary business failures and provided a “calm period” for the economy, these measures have outlived their utility.
  • Topic: Law, Finance, Economy, COVID-19
  • Political Geography: South Asia, India
  • Author: Vijay Singh Chauhan, Sruti Vijayakumar
  • Publication Date: 05-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: The World Trade Organization’s Trade Facilitation Agreement has placed trade facilitation initiatives high on the agenda of international governments. This case study of India studies what trade facilitation may mean for a fast-paced economy. In this paper the authors use the trigger presented by the World Trade Organization’s (WTO’s) Trade Facilitation Agreement (TFA) to undertake a comprehensive review of various publicly available studies for India relating to performance measurement of the ecosystem that handles the cross-border movement of goods, focusing on the period since 2015. The paper summarizes the results of six key composite performance indicators—namely, (1) the Organisation for Economic Co-operation and Development’s (OECD’s) trade facilitation indicators (TFIs); (2) the World Bank’s Ease of Doing Business (EODB) Index; (3) the World Bank’s Logistics Performance Index (LPI); (4) the World Economic Forum’s (WEF’s) Global Competitiveness Index (GCI); (5) the World Bank’s World Governance Indicators (WGIs); and (6) the United Nations’ Global Survey on Trade Facilitation and Paperless Trade Implementation (GSTF-PTI). This paper, by examining these composite survey-based indicators and the intertemporal trends they exhibit for India, reveals that they have not been moving in agreement with each other and that some of the trends are evidently counterintuitive. A comparison between delineated subindicators of select composite indicators sometimes indicates surprising trends. Import cargo release times (a performance measurement prescribed by the TFA) for the largest containerized port in the country, the Jawaharlal Nehru Port Trust (JNPT), have been extracted from various studies that have relied on the data from the customs automation system; the container tracking system, which employs radio-frequency identification (RFID); and survey-based studies, including the Trading Across Borders (TAB) component of the World Bank’s EODB Index. These import cargo release time studies present a consistent trend of improvement since 2017. The paper, therefore, highlights the greater robustness of cargo release time trends, based particularly on technology-enabled data-driven studies as a more meaningful metric for measurement of performance of border management agencies and practices vis-à-vis survey or perception-based indicators representing “enablers” of trade facilitation.
  • Topic: Economics, Trade, WTO
  • Political Geography: South Asia, India
  • Author: Ankit Bhatia
  • Publication Date: 05-2021
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: As India’s economy has become more urban and industrialized, property and land rights have evolved, too. In the states of Gujarat and Karnataka, key reforms in land leasing and change in land use show what may—and what may not—be a path forward. India is primarily an agrarian society. More than 60 percent of its population is dependent on agriculture and allied services and dwells in rural areas. In the past couple of decades, India has attempted to shift away from its rural-agrarian base toward an urban-industrialized economy. In this journey, it encountered many challenges, but none remain as severe and persistent as the ones related to the assignment and balancing of land and property rights. Land governance in India remains historically complex, politically sensitive, and economically inefficient. In recent times, state governments have attempted proactive measures to reform the sector and bring greater efficiency to land markets. Despite the exigency of these reforms, issues surrounding equity, abuse of power, and nexus among powerbrokers remain central and require thorough analysis. To unpack the fuller effects of the recent reforms, this paper aims to examine key reforms in land leasing and change in land use sub-sectors initiated by Gujarat and Karnataka states. The paper takes a comparative assessment approach to decipher the nuances and complexities of land governances in the two states. Given that land has deep historical connections, this paper briefly delves into the historical evolution of land leasing and change in land use regulation in the two states. The historical analysis highlights the political economy context of each sector and is followed by an in-depth review of the recent reforms. The paper covers reforms effectuated through legislative, executive, and judiciary actions. This approach allows a comprehensive tracking of different mechanisms at play. The paper brings out some interesting findings. In both the states, the change in land use sub-sector was able to reform more frequently than the land leasing sub-sector. Despite both states relying upon all three branches of government to initiate reforms, executive action was used most frequently. On occasion, the judiciary played a critical role, especially when lower branches passed judgments that provided windfall relaxation to the protective regulation. Further, the paper finds that most reforms were not structural in nature; they were merely attempts to ease the restrictions on the transfer of agricultural land. In a complete departure from past objectives, recent reforms attempted to dilute the protective framework of land leasing and change in land use regulation. It is understandable that socioeconomic and political realities have shifted and the archaic regulation may not serve its intended purpose. However, the recent reforms have failed to show a concrete new direction. Instead, they largely focused on allowing a greater transfer of land resources to industries, pushing toward more capital-intensive agriculture, and promoting digitalization of land-related governance and public service delivery.
  • Topic: Reform, Economy, Urban, Land Reform
  • Political Geography: South Asia, India
  • Author: George Perkovich
  • Publication Date: 02-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: For decades, policy debates in nuclear-armed states and alliances have centered on the question, “How much is enough?” What size and type of arsenal, and what doctrine, are enough to credibly deter given adversaries? This paper argues that the more urgent question today is, “How much is too much?” What size and type of arsenal, and what doctrine, are too likely to produce humanitarian and environmental catastrophe that would be strategically and legally indefensible? Two international initiatives could help answer this question. One would involve nuclear-armed states, perhaps with others, commissioning suitable scientific experts to conduct new studies on the probable climatic and environmental consequences of nuclear war. Such studies would benefit from recent advances in modeling, data, and computing power. They should explore what changes in numbers, yields, and targets of nuclear weapons would significantly reduce the probability of nuclear winter. If some nuclear arsenals and operational plans are especially likely to threaten the global environment and food supply, nuclear-armed states as well as non-nuclear-weapon states would benefit from actions to physically reduce such risks. The paper suggests possible modalities for international debate on these issues. The second initiative would query all nuclear-armed states whether they plan to adhere to international humanitarian law in deciding if and when to detonate nuclear weapons, and if so, how their arsenals and operational plans affirm their intentions (or not). The United Kingdom and the United States have committed, in the words of the 2018 U.S. Nuclear Posture Review, to “adhere to the law of armed conflict” in any “initiation and conduct of nuclear operations.” But other nuclear-armed states have been more reticent, and the practical meaning of such declarations needs to be clarified through international discussion. The two proposed initiatives would help states and civil society experts to better reconcile the (perceived) need for nuclear deterrence with the strategic, legal, and physical imperatives of reducing the probability that a war escalates to catastrophic proportions. The concern is not only for the well-being of belligerent populations, but also for those in nations not involved in the posited conflict. Traditional security studies and the policies of some nuclear-armed states have ignored these imperatives. Accountable deterrents—in terms of international law and human survival—would be those that met the security and moral needs of all nations, not just one or two. These purposes may be too modest for states and activists that prefer the immediate prohibition and abolition of nuclear weapons. Conversely, advocates of escalation dominance in the United States and Russia—and perhaps in Pakistan and India—will find the force reductions and doctrinal changes implied by them too demanding. Yet, the positions of both of these polarized groups are unrealistic and/or unacceptable to a plurality of attentive states and experts. To blunt efforts to stifle further analysis and debate of these issues, the appendix of this paper heuristically rebuts leading arguments against accountable deterrents. Middle powers and civil society have successfully put new issues on the global agenda and created political pressure on major powers to change policies. Yet, cooperation from at least one major nuclear power is necessary to achieve the changes in nuclear deterrent postures and policies explored here. In today’s circumstances, China may be the pivotal player. The conclusion suggests ways in which China could extend the traditional restraint in its nuclear force posture and doctrine into a new approach to nuclear arms control and disarmament with the United States and Russia that could win the support of middle powers and international civil society. If the looming breakdown in the global nuclear order is to be averted, and the dangers of nuclear war to be lessened, new ideas and political coalitions need to gain ascendance. The initiatives proposed here intended to stimulate the sort of analysis and debate from which such ideas and coalitions can emerge.
  • Topic: Arms Control and Proliferation, Environment, Nuclear Power, Weapons , Deterrence
  • Political Geography: Pakistan, Russia, China, India, Global Focus, United States of America
  • Author: Anirudh Burman
  • Publication Date: 03-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: How should a legal framework for data protection balance the imperatives of protecting privacy and ensuring innovation and productivity growth? This paper examines the proposed data protection legislation in India from the perspective of whether it maintains this balance. In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.1 This paper argues that the bill does not correctly address privacy-related harms in the data economy in India. Instead, the bill proposes a preventive framework that oversupplies government intervention and strengthens the state. This could lead to a significant increase in compliance costs for businesses across the economy and to a troubling dilution of privacy vis-à-vis the state. The paper argues that while the protection of privacy is an important objective, privacy also serves as a means to protecting other ends, such as free speech and sexual autonomy. A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.
  • Topic: Science and Technology, Law, Privacy, Data
  • Political Geography: South Asia, India
  • Author: Thomas Carothers, Andrew O'Donohue
  • Publication Date: 08-2020
  • Content Type: Special Report
  • Institution: Carnegie Endowment for International Peace
  • Abstract: Political polarization is growing in South and Southeast Asia—one part of a troubling global trend. From long-established democracies like India to newer ones like Indonesia, deep-seated sociopolitical divisions have become increasingly inflamed in recent years, fueling democratic erosion and societal discord. New political and economic strains caused by the coronavirus pandemic are only reinforcing this worrisome trend. This report focuses on six key countries: India, Indonesia, Malaysia, the Philippines, Sri Lanka, and Thailand. Behind the tremendous diversity of these cases lie illuminating commonalities, alongside revealing differences, in the roots, trajectories, drivers, and consequences of polarization, as well as in the attempted remedies different actors have pursued.
  • Topic: Politics, Governance, Culture, Reform, Democracy, Polarization, Society
  • Political Geography: South Asia, Indonesia, Malaysia, India, Philippines, Sri Lanka, Thailand, Southeast Asia
  • Author: Smriti Parsheera, Prateek Jha
  • Publication Date: 11-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: Access to cross-border data is an integral piece of the law enforcement puzzle. India is well placed to lead the discussions on international data agreements subject to undertaking necessary surveillance reforms. Access to cross-border data for the state’s law-and-order-related functions is an integral piece of the law enforcement puzzle. State agencies’ ability to access data for such purposes is, however, shaped not only by domestic laws and practices but also by the laws of other countries and the state’s international commitments. In the case of India, the use of international cooperation mechanisms to balance efficient data access with protections for citizens’ privacy remains a relatively underexplored facet of its digital strategy. With its growing digital market, economic relevance for large global businesses, and strategic relationships with countries like the United States and those in the European Union (EU), India is well placed to not merely participate in but rather to lead the discussions on international data agreements on behalf of the developing world. This paper evaluates India’s present mechanisms for data access by law enforcement authorities and existing arrangements for cross-border data access. It also analyzes the emerging global movement toward direct data access arrangements. Such arrangements authorize agencies in one jurisdiction to make direct data requests to service providers based in another jurisdiction. The Clarifying Lawful Overseas Use of Data (CLOUD) Act in the United States is an example of a legislative instrument that allows the United States to enter into executive agreements of this nature. Similar discussions are also underway in Europe under the European Commission’s e-evidence proposal involving its twenty-seven member countries and among the sixty-five states that are party to the Budapest Convention on Cyber Crimes. To date, India has not taken any concrete steps to evaluate the pros and cons of such arrangements. Neither has it paid serious regard to the critical and interconnected issue of reforming its domestic framework on lawful data access to ensure adherence with the fundamental right to privacy.
  • Topic: Science and Technology, Law Enforcement, Borders, Data
  • Political Geography: South Asia, India
  • Author: Shruti Sharma
  • Publication Date: 12-2020
  • Content Type: Working Paper
  • Institution: Carnegie Endowment for International Peace
  • Abstract: India faces a host of biological risk factors. Drawing lessons from the coronavirus pandemic and prior biological disasters, India’s government should pursue new safety protocols and develop new institutions to manage future biological risk. Infectious diseases such as COVID-19, the disease caused by the novel coronavirus; severe acute respiratory syndrome (SARS); Middle East respiratory syndrome (MERS); and the diseases caused by the Ebola, Nipah, and Zika viruses have exposed countries’ susceptibility to naturally occurring biological threats. Even though scientists from multiple countries concluded that the virus responsible for the coronavirus pandemic shifted naturally from an animal source to a human host,1 the international community should not ignore the possibility of pathogens escaping accidentally from research labs and threats of deliberate manipulation to create more dangerous bioweapons. India is especially vulnerable to such infections because of its geographical position, large population, low healthcare spending, minimal expenditure on research that benefits public health, weak coordination between central and state health authorities, limited involvement of private actors, poor awareness of biosecurity, and the rickety state of public health infrastructure. Most recently, COVID-19 has revealed the deep fault lines in India’s public health infrastructure, including a shortage of healthcare workers, lack of trained epidemiologists, scarcity of medical equipment, poor access to healthcare facilities in rural areas, and inefficient disease reporting and surveillance in most states. The pandemic should therefore be a wake-up call for India to assess gaps in its public health infrastructure and divert its resources toward the healthcare sector to prepare itself for both natural and man-made biological emergencies. Like any country, India faces three major biological threats: naturally occurring infections in humans or animals, or agricultural infestations; infections arising from accidental release of pathogens into the environment; and possible outbreaks caused by deliberate weaponization of dangerous pathogens that affect humans, animals, or crops. These threats—either alone or together—will force India to strengthen its capacity to detect and respond to them.
  • Topic: Health, Biology, Non-Traditional Threats
  • Political Geography: South Asia, India