SOUTH CHINA SEA CODE OF CONDUCT –

INTERNATIONAL RELATIONS

News: Hope negotiations on South China Sea Code of Conduct fully consistent with international law: Rajnath      

What's in the news?

       We hope that the ongoing negotiations on the Code of Conduct for the South China Sea will be fully consistent with international law, in particular, United Nations Convention on the Law of the Sea (UNCLOS), and should not prejudice the legitimate rights and interests of nations that are not party to these discussions, Defence Minister Ranjath Singh said on November 26.

Key takeaways:

       The South China Sea is one of the most contentious regions on the planet with multiple countries having territorial claims over its waters and islands. Amidst China’s growing military aggression, the fate of the region has become of global concern.

       India stands for the freedom of navigation and overflight, unimpeded lawful commerce, peaceful settlement of maritime disputes and adherence to international law, particularly, the UNCLOS 1982.

       India calls for a free, open and inclusive order in the Indo-Pacific, based upon respect for sovereignty and territorial integrity of all nations, peaceful resolution of disputes through dialogue and adherence to international rules and laws.

South China Sea and its conflicting borders:

       The South China Sea lies just south of the Chinese mainland and is bordered by the countries of Brunei, China, Indonesia, Malaysia, Philippines, Taiwan and Vietnam.

       As early as the 1970s, these countries began to claim islands (mostly uninhabited) throughout the sea to lay control over the various resources that the region possessed, such as untapped oil reserves, natural gas, and fishing areas. It also has some of the most active shipping lanes on the planet.

       Today, China’s sweeping claims over the sea have antagonized other countries in the region. China claims the sea as its Exclusive Economic Zone (EEZ), arguing that other countries do not have the right to conduct any military or economic operation without its consent.

       This claim is disputed by the southeast Asian countries and in 2016, the Permanent Court of Arbitration at The Hague issued its ruling on a claim brought against China by the Philippines under UNCLOS. It ruled in favor of the Philippines on almost every count. However, China, which itself is a signatory to UNCLOS, refused to acknowledge the court’s authority.

Declaration on the Conduct of Parties in South China Sea:

       In 2002, ASEAN and China signed the Declaration on the Conduct of Parties in the South China Sea.

 South China Sea Code of Conduct:

       The COC is an upgraded version of the Declaration on the Conduct of Parties in the South China Sea (DOC).

       In 2017, the two sides announced a draft Framework COC, and in 2018, a Single Draft Negotiating Text (SDNT).

       The year after that brought the 20-page First Draft of the planned COC. But all these achievements have been insufficient to settle the bilateral disputes.

       A code of conduct in the South China Sea is a set of rules outlining the norms and responsibilities for ensuring peace and stability in the region.

       It guides proper practice for an individual, party or organization, and aims to create an effective mechanism in safeguarding safety and freedom of navigation.