New Delhi:
India has reiterated that it stands for freedom of navigation and overflight, unimpeded lawful trade and adherence to international law for peace and prosperity in the Indo-Pacific. Speaking at the 11th ASEAN Defense Ministers Meeting-Plus Forum in Vientiane, Laos, Defense Minister Rajnath Singh said on Thursday that the upcoming code of conduct for the regulation of maritime activities in the South China Sea should be consistent with the international law.
The Defense Minister said the code should not prejudice the legitimate rights and interests of countries that are not party to these deliberations. “The code must be fully consistent with international law, in particular the 1982 UN Convention on the Law of the Sea,” he added.
Singh said: “India believes that genuine long-term solutions to global problems can only be achieved if countries act constructively, respect each other's perspectives and work towards shared goals in the spirit of cooperation.”
Earlier this year, External Affairs Minister S. Jaishankar, while addressing the 14th Meeting of East Asian Foreign Ministers in Laos, also asserted that there should be a “substantial and effective” code of conduct that is “consistent with international law and not prejudice the legitimate rights and interests of countries not party to the discussions.” He also stressed that the Sea Lines of Communication (SLOC) running through the South China Sea are crucial for peace and prosperity in the Indo-Pacific region.
SOUTH CHINA SEA DISPUTE
The South China Sea is a semi-enclosed water channel bordered on the west by Vietnam, on the east by the Philippines, Malaysia and Brunei Darussalam, on the south by Indonesia and Malaysia, and on the north by China and Taiwan. It lies on the main international shipping route between the Indian Ocean and Northeast Asia, including the ports of Korea, China, Russia and Japan, and approximately US$5.3 trillion worth of goods pass through the South China Sea annually, according to a report of Chinese power.
The South China Sea is also home to rich fishing grounds and according to a BBC report, more than half of the world's fishing vessels operate in this area. Countries surrounding the water body have been grappling with competing claims for control of the area for centuries, but tension has increased in recent years.
Countries have filed claims on islands and various zones in the sea, such as the Paracels and the Spratlys. Although largely uninhabited, the Paracels and the Spratlys may have reserves of natural resources around them.
CHINA'S CLAIM
Of all the countries surrounding the South China Sea, China reportedly claims sovereignty over most of its territory and demarcates it with its so-called “nine-dash line.” In 1947, Beijing issued a map outlining its claims and emphasizing that title to the area dates back centuries to when the Paracel and Spratly island chains were considered integral parts of the Chinese nation. The nine-dash line that appears on Chinese maps and covers almost the entire South China Sea contains no coordinates, the BBC report said.
Taiwan echoes these claims, saying the islands in the South China Sea are part of the territory of the Republic of China.
DISPUTE OVER CHINA'S CLAIM
Vietnam disputes Beijing's statement, saying China had never claimed sovereignty over the islands before the 1940s. According to Vietnam, both the Paracels and the Spratlys have been actively ruled by Vietnam since the 17th century. It also claims to have documents to prove this.
The Philippines is also another major claimant to the area. The Philippines relies on the geographical proximity of the Spratly Islands as the main basis for its claim. The Philippines also lays claim to the Scarborough Shoal, which China calls its territory.
Malaysia and Brunei also claim parts of the South China Sea that fall within their economic exclusion zones, as defined by the United Nations Convention on the Law of the Sea, or UNCLOS.
UN JUDGMENT AND CODE OF CONDUCT
In 2013, the Philippines turned to legal arbitration against China's claims to the South China Sea. On July 12, 2016, the Permanent Court of Arbitration in The Hague ruled overwhelmingly in favor of the Philippines, ruling that key elements of the Chinese claims, including the nine-dash line and the recent land reclamation activities, were unlawful. The UN judgment was based on UNCLOS (United Nations Convention on the Law of the Sea), considered the global constitution for the seas, signed by 162 countries, including China.
China predictably refused to accept a UN ruling, insisting it was “null and void.”
Now there is talk of a 'code of conduct' (COC) in the South China Sea between six countries – the Philippines, China, Taiwan, Vietnam, Malaysia and Brunei – that are party to the maritime boundary dispute.
Burma, Cambodia, Indonesia, Laos, Singapore and Thailand, which are also part of the Association of Southeast Asian Nations (ASEAN), along with other member states – Brunei Darussalam, Malaysia, the Philippines and Vietnam – are part of the negotiations for the code.
Negotiations for a COC have waxed and waned for twenty years. In an effort to expedite an agreement, a three-year deadline was agreed last July to conclude talks, according to a report by The Interpreter.
THE WORLD'S INTEREST IN THE OUTCOME
The South China Sea COC will affect India and several other countries such as the US, Britain, Japan and Australia. China's claims threaten maritime lines of communication (SLOCs), key maritime passages that facilitate trade and the movement of naval forces.
To protect its political, security, and economic interests in the region, the United States has challenged China's assertive territorial claims and land reclamation efforts by conducting freedom of navigation operations and increasing support for Southeast Asian partners.
To counter China's assertive presence, Japan has also sold military ships and equipment to the Philippines and Vietnam to improve their maritime security capabilities and deter Chinese aggression.