Context:
- South China Sea is resource rich and it is contested by China and other South East Asian Countries.
- It is one of the busiest maritime route generating lots of revenue
- Some islands are claimed by different countries based on their own interpretation of history
- Disputes in South China Sea are fight mainly between China, Philippines, Vietnam over the territorial sovereignty in South China Sea along with other atolls, reefs and rocky outcrops
- China’s claim:
- China says that major portion of these islands belong to them as part of the historical events and area defined by Nine Dash Line
- China has started building artificial islands and even strategic runways for mobilising its air force from these islands
- China’s claim overlap the South China Sea areas of different claimants countries, that involve Brunei, Vietnam, Philippines, Taiwan and Malaysia
- India’s stand:
- India supports freedom of navigation based on international principles
Case under International Tribunal for the Law of the Sea:
- Philippines has gone to International Court of Arbitration against China’s claims
- Beijing insists that Manila’s case is an issue of territorial sovereignty over which the tribunal has no jurisdiction
- Manila complained under the 1994 UN Convention on the Law of the Sea ratified by both nations.
- It says a country has sovereignty over waters 12 nautical miles from its coast, control over economic activities in waters on its continental shelf and up to 200 nautical miles from its coast.
- China’s nine-dash line includes waters beyond these zones.
What Permanent Court of Arbitration has said about the issue?
- There was no legal basis for China to claim historic rights to resources within the South China Sea areas falling within the nine-dash line
- China has violated the Philippines’ sovereign rights and also caused severe harm to the coral reef environment by building artificial islands in South China Sea
- China’s rights are incompatible with the exclusive economic zones (EEZ) provided in the UNCLOS
What is China’s response to this ruling?
- China has declared that the award is null and void and has no binding force
- It attributed the current crisis in the South China Sea mainly to the U.S.’s ‘rebalance doctrine’ that has caused it to position forces in the area
- China is planning to setup an air defence zone in the South China Sea after which international flights flying over the waters would be required to notify China
What happens next?
- While the findings are legally binding, UNCLOS has no enforcement body and legal experts say it remains unclear what can be done when China ignores the ruling
Why ASEAN as an organisation is not able to resolve the issue?
- Not all 10 ASEAN members are claimants to the South China Sea.
- Members of ASEAN have overlapping claims among themselves.
- China believes in bilateral discussion of South China Issue
- Because of its economic and military power, China has been able to win over some ASEAN members
- There is no single country in ASEAN party to the South China Sea disputes that is capable of challenging China individually
- This is an important reason why ASEAN has welcomed the role of the United States as a power balancer on the issue
In recent months, USA is responding to regional anxiety in South China Sea region by conducting joint naval patrols and exercises with countries that are wary of China’s growing assertiveness and militarisation in the region. Do you think it is good for regional stability? Should India also involve in these exercises? Comment. (200 Words)
South China sea has been witnessing tensions between China and other countries for some time now. The assertion of China has been responded back by US in sending the aircraft carriers in South China sea and conduct of joint naval exercises in name of freedom of navigation.
Positive aspects:
- All nations are small and cannot match to Chinese might on their own
- US venturing postures good for India as China had been venturing into Indian Ocean by String of Pearls and Maritime Silk Route
- It is an open secret that China harbours expansionist tendencies but wishes others to follow One China Policy
- China and US are anyways competing over TPP v/s RCEP which targets SE Asia
- India and US have asserted navigability and flight over SCS which is open sea as per globally accepted standards.
Negative aspects:
- South China sea is the main gateway of trade in the world. Increased militarization would affects trade in the already bleak future of world economy.
- The militarization would enhance the defence budgets of all parties in the dispute and may result in arms race which world could not afford.
- Since the conflict involves nuclear states viz., China and US. The possibility of nuclear strike could not be ignored.
- Increased militarization would affect the domestic economies of the parties in dispute which may affect global trade.
- Region of Indian Ocean to SCS is seeing growing conflicts and human rights violation like Rohingyas, rogue states may be drawn like North Korea, one upmanship may force to install pirates as puppets and destabilise economy.
India should:
- continue with its economic and diplomatic interests,
- maintain self-dependent naval might,
- conduct joint exercises in Indian Ocean,
- be ready to put pressure on Malacca passage,
- hydrocarbons deal with Vietnam as China is doing CPEC in PoK,
- engage China positively on other fronts like RCEP and
- push for global consensus on the SCS.
South China Sea Framework:
- China and ten member countries of Association of Southeast Asian Nations (ASEAN) have agreed to form a framework for a code of conduct to ease tension in disputed South China Sea.
- To be established by mid-2017
- China-ASEAN hotline for use during maritime emergencies
- Framework will be legally binding code of conduct aimed at preventing disputes in the strategic South China Sea.
- China and the ASEAN members had committed to sign a code of conduct around 15 years ago. But the pace of the negotiations was slow as China claimed the South China in its entirety.
- In recent years, issue has become important for both China and ASEAN due to increased conflicts. Hence, this framework has been decided.
Related Questions:
- South China Sea has assumed great geopolitical significance in the present context. Comment. (UPSC Mains 2016)