Date : 06/11/2023

Relevance: GS Paper 2- International Relations- Impact of Policies on India

Keywords:EEZ, UNCLOS, Spratly and Paracel Island, South China Sea, Nine Dash Line

Context-

The South China Sea, spanning over 3.5 million square kilometers and characterized by a complex network of atolls and reefs, is among the most contested waters in Asia. Its significance arises from the vast hydrocarbon reserves it holds and its strategic location near major shipping lanes, which adds layers of complexity related to security and geopolitics. The area is also rich in marine resources, including hydrocarbons and fisheries.

Hydrocarbon Reserves and Geopolitical Significance

• The South China Sea holds substantial hydrocarbon reserves, with estimates suggesting approximately 11 billion barrels of oil resources and 190 trillion cubic feet of natural gas reserves. This makes the region highly coveted by multiple nations due to its economic and strategic potential.
• Tensions in the South China Sea can be traced back to 1974 when China forcibly occupied the Spratly and Paracel Islands, referred to as Nansha and Xisha, from South Vietnam. Since then, recurring tensions in the region have been fueled by China's assertive behavior and disregard for established maritime laws and conventions.

Recent Escalations and Maritime Disputes

• Escalations in the South China Sea continue to emerge, threatening regional stability.
• For example, in September, the Philippines Coast Guard removed a floating barrier installed by China at Huang Dao, an island in the Scarborough Shoal. This removal led to Chinese retaliation, intensifying the turbulence in the South China Sea.
• Incidents such as a Chinese coast guard ship coming dangerously close to colliding with a Philippine patrol ship in October further raised concerns about the potential for a larger crisis.
• Collisions and confrontations between Chinese and Philippine vessels in disputed areas have heightened tensions in the region.

United Nations Convention on the Law of the Sea (UNCLOS)

• The South China Sea dispute is governed by the United Nations Convention on the Law of the Sea (UNCLOS) of 1982.
• According to UNCLOS, each coastal state has the right to a 12-mile territorial sea, a 200-nautical mile exclusive economic zone (EEZ), and a continental shelf.
• The determination of the continental shelf beyond 200 nautical miles is subject to the recommendations of the Commission on the Limits of the Continental Shelf.
• UNCLOS requires coastal states to submit information on the limits of their continental shelves, with these limits being final and binding.
• China submitted its claim regarding the South China Sea on the final day of the extended deadline in 2009.
• This move was followed by China urging the United Nations Commission on the Limits of the Continental Shelf not to review the submissions from other claimants, such as Vietnam, and a joint submission from Vietnam and Malaysia.

China's Claims and Strategic Motivations

• China's claims in the South China Sea are rooted in several factors, including its energy requirements and rising nationalism within its military.
• China has consistently regarded the South China Sea as a core interest, alongside Taiwan and Tibet.
• The 2002 Declaration on the Conduct of Parties in the South China Sea, signed by China and the Association of Southeast Asian Nations (ASEAN), was intended to promote regional stability and resolve disputes through peaceful negotiations.
• However, China has carefully avoided a multilateral approach to conflict resolution while emphasizing joint responsibility for regional stability.
• To bolster its claims in the South China Sea, China has taken legislative measures and developed infrastructure.
• In 2012, Hainan Province in China passed the "Coastal Ship Frontier Defense Law and Order Management Ordinance," empowering provincial authorities to enforce control over areas China claims as territorial waters.

Ruling of the Permanent Court of Arbitration (PCA)

• In a significant development, the Permanent Court of Arbitration (PCA) issued a ruling in 2016 following a dispute lodged by the Philippines against China.
• The PCA's decision favored the Philippines on numerous counts, including the finding that China's claims of historic rights within the "nine-dash line" had no legal basis. The ruling also concluded that China's activities, such as illegal fishing and environmentally harmful artificial island construction, within the Philippines' exclusive economic zone infringed on Manila's sovereignty rights.
• The PCA categorically stated that the Spratly Islands were not "islands" in the legal sense but were instead "rocks" or "low-tide elevations."

India's Engagement in the South China Sea

• India has increasingly engaged in the South China Sea, aligning its approach with its "Act East" policy. This engagement includes the presence of ONGC Videsh, a subsidiary of India's Oil and Natural Gas Corporation, in Vietnam. While India has explored offshore oil and natural gas resources in the South China Sea, there have been challenges related to the prospect of hydrocarbons in the region, prompting India to slow down its exploration activities.
• India has also voiced its stance on freedom of navigation in the South China Sea in bilateral and multilateral forums. The Joint Statement between India and the United States in 2014 emphasized the importance of safeguarding maritime security and ensuring freedom of navigation in the South China Sea. India and the United States expressed concerns over rising tensions in the region and urged peaceful conflict resolution based on international law, including UNCLOS.
• Furthermore, India's participation in naval exercises like the Singapore-India Maritime Bilateral Exercise (SIMBEX) and the annual Malabar naval exercise underscores its commitment to promoting freedom of navigation and sea lanes of communication in the Indo-Pacific region.

Conclusion

The South China Sea remains a contentious issue marked by competing territorial claims, tensions, and geopolitical significance. The principles and guidelines set forth by UNCLOS should serve as the foundation for resolving disputes in the region, emphasizing the need for peaceful negotiations. Compliance with the Permanent Court of Arbitration's ruling and adherence to the Declaration on the Conduct of Parties in the South China Sea are crucial to maintaining regional peace and stability.
India's active participation in the South China Sea, guided by its "Act East" policy, reflects its commitment to freedom of navigation and multilateral cooperation. As the geopolitical landscape in the Indo-Pacific continues to evolve, addressing the South China Sea dispute in a peaceful and law-abiding manner remains a priority for regional and global stability.

Source - Indian Express