SOUTH CHINA SEA - INTERNATIONAL

News: India urges adherence to 2016 ruling favouring Philippines in the South China Sea

 

What's in the news?

       As negotiations continue between China and the ASEAN bloc for a code of conduct in the South China Sea — which diplomatic sources described as a “complex exercise” involving 11 countries — India called for adherence to the 2016 arbitration decision in favour of the Philippines, which has been rejected by China.

 

Key takeaways:

       Both India and Philippines “underlined the need for peaceful settlement of disputes and for adherence to international law, especially the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Award on the South China Sea in this regard.”

 

China rejected ruling:

       The Philippines had instituted an arbitration proceeding against China in the Permanent Court of Arbitration under UNCLOS on January 22, 2013.

       The court ruled in favour of Manila on July 12, 2016, but this was rejected by China, which had called it “null and void.”

 

Issues in South China Sea:

       China, which claims rights to most of the resource-rich South China Sea up to the nine-dash line, has become more assertive in recent years, leading to flare-ups in the region.

 

Negotiations on Code of Conduct:

       In the ongoing negotiations on a code of conduct, it involves 11 countries (10 ASEAN countries and China).

       Though it has a common agenda, ASEAN does not have a common stance on all issues, given the differing views of its member nations.

 

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 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.