QUIET DIPLOMACY MAY REDUCE TENSIONS IN THE SOUTH CHINA SEA

  • Preliminary Exam: Important Current Events (South China Sea, Indo-Pacific, India-Japan Relations, etc.)
  • Mains GS Paper II: The Importance of the Indo-Pacific for India and Other Bilateral, Regional, and Global Groupings Affecting India’s Interests

Summary of the Article

  • At the fifth meeting of the Philippines-India Joint Commission on Bilateral Cooperation, held in New Delhi, the foreign ministers of India and the Philippines met.

The Secretary for Foreign Affairs of the Philippines and the External Affairs Minister of India laid forth a plan for a more solidified bilateral relationship between Manila and New Delhi in the twenty-first century.

GSPREP ON THE ISSUE

Context

Sea of China

  • A section of the western Pacific Ocean that abuts the continent of Southeast Asia.
  • Shares borders with Singapore, Taiwan, Thailand, Vietnam, Cambodia, China, Indonesia, Malaysia, and the Philippines.
  • It is connected to the Philippine Sea and the East China Sea (both Pacific Ocean margin waters) via the Taiwan Strait and the Luzon Strait, respectively.
  • It consists of three archipelagos: Scarborough Shoal, Macclesfield’s Bank, and the Paracel, Pratas, and Spratly Islands.

Dispute:

The region claimed by China, which is by far the greatest portion of the Sea, is defined by the “Nine Dash Line.”

  • Scarborough Shoal: This island, known as Huangyan Island in China, is claimed by both the Philippines and that country.
  • The Spratly Islands are claimed by Malaysia, China, Taiwan, Vietnam, the Philippines, and Taiwan.

China, Vietnam, and Taiwan all have conflicting claims to the Paracel Islands.

  • Island Chain Strategy: A geographical security concept developed by the US in the 1940s to thwart the maritime ambitions of China and the USSR.

Changes involving India and the Philippines:

  • The choice to establish an office for the resident defence attaché in Manila
  • Increasing coordination between the two countries’ Coast Guards
  • Manila’s purchase of naval assets using a concessional credit line from Delhi
  • Increased training and collaboration on disaster preparedness and maritime security exercises
  • Starting a marine conversation
  • Consensus on regional and international issues, especially those involving sea lanes like the South China Sea.

Position of India in the South China Sea Conflict:

  • It upheld international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS).
  • India has changed its stance and now calls for the South China Sea Arbitral Award from 2016 to be respected.

o The change from “noted” to “adherence to the 2016 Arbitral Award” indicates a sincere acceptance of its legality.

Sea of South China and UNCLOS:

  • To resolve disagreements with China, the Philippines filed an arbitration lawsuit with the Permanent Court of Arbitration (PCA).
  • Annex VII of the UNCLOS states that “the absence of a party or the failure of a party to present its case shall not be a bar to the proceedings.”
  • On July 12, 2016, the PCA finally made the Award public. The arbitration considered:

o Rights in the sea

o The condition of specific marine characteristics

History-related rights

  • The legality of specific Chinese operations that Manila said were illegal in the South China Sea.
  • In accordance with UNCLOS Article 296 and Article 11 of Annex VII, the tribunal’s ruling is “final and binding”.
  • China’s claim that it has historical rights in the South China Sea was refuted by the PCA.
  • Surprisingly, the Philippines won the unanimous vote.
  • It went on to say that any previous claims to resources located inside the “nine-dash line” were unfounded.
  • The tribunal found that in violation of UNCLOS agreements, development and land reclamation had fundamentally altered the reefs.
  • China has “inflicted irreparable harm to the maritime environment” in addition to “destroying evidence of the natural condition of features in the South China Sea.”
  • According to the Tribunal, “China has infringed the Philippines’ sovereign rights in its Exclusive Economic Zone (EEZ) by:

o meddling with petroleum exploration and fishing in the Philippines

the creation of artificial islands

failure to prevent Chinese fishermen from fishing in the restricted area.

o China had physically obstructed Philippine vessels, reducing the traditional fishing rights of Filipino fishermen.

  • It found that China lacked a legitimate justification for claiming historical ownership of resources in marine areas that fell under the Tribunal’s purview.

Problems with the Tribunal’s decision:

  • The tribunal “did not decide that China’s construction efforts on the disputed islands it occupies were, in general, illegal.
  • With the exception of Mischief Reef, there is nothing in the ruling that would make it illegal for China to build military facilities on the islands it occupies.
  • The Tribunal emphasised that their fundamentally differing conceptions of the distinct rights under UNCLOS in the South China Sea are what are driving the dispute.

Way ahead

  • For shipping between the Pacific and Indian Oceans, the South China Sea serves as a vital marine entry point and intersection.
  • The South China Sea, one of the world’s most important oceans in terms of geopolitics, the economics, and strategy, will be at risk from any conflict, endangering both local and international security.
  • India and many other countries have an interest in protecting the waterways that travel through the region since free and stable maritime commons are essential to international trade and economic growth.
  • Even though the PCA made its ruling public, the situation on the ground has not changed, making it nearly impossible to implement the decision.
  • By underlining the necessity of a peaceful resolution to a dispute that adheres to the judgement and fully respects legal and diplomatic procedures,

The region wants peace and respect for international law, according to India’s statement.

  • A political framework for resolving the South China Sea issue can only be established through dialogue.
  • As the likelihood of resolving this issue through legal means is relatively low, leaders of the Association of Southeast Asian Nations (ASEAN) should endeavour to find a political solution using “quiet diplomacy”.

PRACTISE QUESTION

Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post Cold War international scenario.(UPSC 2016)

(10 MARKS, 200 WORDS)

Source: The Hindu