Recently, in response to ongoing airspace violations and “provocative behavior” by Chinese fighter jets near the Line of Actual Control (LAC), India and China took part in a special round of military discussions held at the Chushul-Moldo border meeting point in Eastern Ladakh. These violations are a breach of the 10-km no-fly zone Confidence Building Measure (CBM).
Why do Such Incidents Keep Happening?
The recurring nature of these incidents is largely due to the fact that the LAC is not fully demarcated, leading to differences of perception on its alignment. As a means of maintaining peace and tranquillity along the LAC, regular talks are held between the two sides. Following a stand-off in eastern Ladakh in May 2020, both countries have deployed air assets along the LAC and fortified bases and air defenses.
A Snapshot of Recent India-China Conflicts
Since the first fatal confrontation between the two sides in 1975, there have been several more incidents. The most notable were the Galwan Valley clash in June 2020 and another incident in January 2021 along India’s Sikkim state border. Recently, the Chinese have lodged complaints about the Indian Air Force’s upgraded ability to detect Chinese aircraft within Tibet’s territory. So far, three friction points in eastern Ladakh have been resolved and discussions are underway to find solutions for the Hot Springs area.
Defining the Line of Actual Control
The Line of Actual Control is a demarcation separating territories controlled by India and China. Unlike the Line of Control with Pakistan, the LAC is only a concept – it isn’t agreed upon or delineated on a map by the two counties. While India considers LAC to be 3,488 km long, China believes it to be around 2,000 km only. The LAC is divided into three sectors that span across Arunachal Pradesh, Sikkim, Uttarakhand, Himachal Pradesh, and Ladakh.
Existing Agreements Between India and China on Air Space
According to the existing agreements between India and China, fighter aircraft and armed helicopters are restricted from operation within a certain distance of the LAC. From 1993 to 2012, a series of Confidence Building Measures (CBMs) were agreed upon to maintain peace between the two nations.
Confidence Building Measures (CMBs)
The CBMs impose a set of restrictions on both sides, including prohibition of force or threat of force, display of courtesy and refraining from provocative actions, and not allowing military aircraft of either side to fly across the LAC unless permitted in advance.
Response After the Recent Incident
Following the recent violations, the Indian side raised strong objections. At recent military talks, the two countries discussed proposals for direct contact between their air forces. This could be achieved through a separate hotline or using the existing hotlines between their armies. Currently, six such hotlines exist.
Understanding Air Space and Related Laws
In international law, the airspace is considered the space above a national territory and belongs to the government controlling that territory. This does not include outer space, which is declared free and not subject to national appropriation under the Outer Space Treaty of 1967. Air sovereignty allows a state to regulate the use of its airspace and enforce its aviation laws. Under the 1944 Chicago Convention, states permit aircraft registered in other contracting states to fly into their territory without prior diplomatic permission.
Prohibited and Restricted Air Space
Prohibited airspace refers to areas where flights are not allowed, typically for security reasons, while restricted airspace forbids entry to all aircraft unless clearance is obtained from ATC (Air Traffic Control) or the airspace’s controlling body.
Note: The source of this information is TH (The Hindu).
