India Advocates for Freedom in the Indo-Pacific

India has reaffirmed its commitment to freedom of navigation and lawful commerce in the Indo-Pacific region. At the recent ASEAN Defence Ministers’ Meeting-Plus Forum in Laos, Defence Minister Rajnath Singh brought into light the importance of a code of conduct for the South China Sea. This code must align with international law and respect the rights of all nations involved. The South China Sea is a vital maritime route. It connects the Indian Ocean with northeast Asia. Approximately USD 5.3 trillion worth of goods pass through these waters annually. The area is also rich in natural resources and fishing grounds. Tensions have escalated among nations claiming parts of this sea.

Geopolitical Significance

The South China Sea is bordered by several countries including Vietnam, the Philippines, Malaysia, and China. Each country has conflicting claims over islands like the Paracels and Spratlys. These disputes have historical roots and involve complex territorial assertions.

China’s Claims

China claims the largest portion of the South China Sea. It uses the “nine-dash line” to demarcate its territory. This claim dates back to a 1947 map issued by Beijing. However, it lacks precise coordinates, leading to disputes with neighbouring nations.

Disputes Over Sovereignty

Vietnam contests China’s historical claims, asserting its rights over the Paracels and Spratlys since the 17th century. The Philippines also claims parts of the sea based on proximity. Malaysia and Brunei assert their rights within their economic exclusion zones defined by international law.

International Legal Framework

In 2016, the Permanent Court of Arbitration ruled in favour of the Philippines against China’s claims. This ruling was based on the United Nations Convention on the Law of the Sea (UNCLOS). China, however, rejected the verdict, calling it “null and void.”

Negotiations for a Code of Conduct

Negotiations for a code of conduct in the South China Sea have been ongoing for two decades. A three-year deadline was set to expedite these discussions. Countries involved include the Philippines, China, Vietnam, Malaysia, and Brunei, among others.

Global Implications

The outcome of the code of conduct will have global ramifications. It will affect not only the nations directly involved but also countries like the United States, Japan, and Australia. These nations have interests in maintaining freedom of navigation and countering China’s assertive claims.

Strategic Responses

The United States has conducted freedom of navigation operations in the South China Sea to challenge China’s territorial claims. Japan has also supported Southeast Asian nations by providing military assistance to enhance their maritime security.

Conclusion

India’s position puts stress on the need for cooperative engagement in the Indo-Pacific. The region’s stability hinges on adherence to international law and respect for the rights of all nations involved in the maritime disputes.

Questions for UPSC:

1. Examine the implications of the Permanent Court of Arbitration’s ruling on the South China Sea disputes.
2. Critically discuss the role of international law in resolving maritime disputes in the South China Sea.
3. Point out the strategic interests of the United States in the Indo-Pacific region and their impact on regional security.
4. Analyse the significance of the code of conduct negotiations for the future of the South China Sea and its surrounding nations.

Answer Hints:

1. Examine the implications of the Permanent Court of Arbitration’s ruling on the South China Sea disputes.

1. The ruling favored the Philippines, rejecting China’s claims based on the nine-dash line.
2. It reinforced the principles of UNCLOS, asserting that historical claims cannot override legal rights.
3. The decision increased international scrutiny of China’s actions in the South China Sea.
4. It emboldened other claimant nations to assert their rights more firmly.
5. China’s rejection of the ruling marks ongoing tensions and challenges in enforcing international law.

2. Critically discuss the role of international law in resolving maritime disputes in the South China Sea.

1. International law, particularly UNCLOS, provides a framework for resolving maritime disputes.
2. It establishes guidelines for territorial claims, navigation rights, and resource management.
3. Compliance with international law promotes stability and reduces the risk of conflict among nations.
4. Disputes often arise due to differing interpretations and enforcement of these laws.
5. International law can facilitate dialogue and negotiations for peaceful resolutions.

3. Point out the strategic interests of the United States in the Indo-Pacific region and their impact on regional security.

1. The U.S. aims to ensure freedom of navigation in vital shipping routes like the South China Sea.
2. It seeks to counter China’s growing military and economic influence in the region.
3. Strengthening alliances with countries like Japan, Australia, and the Philippines enhances regional security.
4. The U.S. conducts military operations to assert its presence and deter aggressive actions by China.
5. American interests also include protecting trade routes essential for global commerce.

4. Analyse the significance of the code of conduct negotiations for the future of the South China Sea and its surrounding nations.

1. The code of conduct aims to establish rules for maritime behavior and conflict resolution.
2. It seeks to reduce tensions and prevent military confrontations in the contested waters.
3. A successful code could enhance cooperation and trust among claimant nations.
4. It may provide a framework for resource sharing and joint development initiatives.
5. The negotiations reflect broader geopolitical dynamics and the involvement of external powers like the U.S.