South China Sea Dispute and India's Stand

India has emphasized the importance of freedom of navigation and peaceful commerce in the Indo-Pacific, particularly in the South China Sea, a vital waterway for global trade. India's Defence Minister, Rajnath Singh, stressed at the ASEAN Defence Ministers' Meeting that a proposed Code of Conduct (COC) for the South China Sea must follow international law, particularly the UN Convention on the Law of the Sea (UNCLOS). This aligns with India’s stance that the code should respect the rights of all nations, even those not directly involved in the dispute.

What is the South China Sea?

• The South China Sea is a crucial waterway between the Indian Ocean and Northeast Asia. It connects ports of countries like China, Japan, Korea, and Russia.
• Nearly USD 5.3 trillion worth of goods pass through it every year, making it one of the world’s most important trade routes.
• It is also rich in fishing resources, and over half of the world’s fishing vessels operate here.
• The Territorial Dispute: Several countries, including China, Vietnam, the Philippines, Malaysia, and Brunei, have competing territorial claims over parts of the South China Sea.
  • They argue over the Paracel and Spratly islands and the waters surrounding them.
  • These islands are mostly uninhabited but may contain natural resources like oil and gas.

China's Claims and Others' Disagreement

• China's Nine-Dash Line: China claims nearly the entire South China Sea, demarcated by the "nine-dash line" which dates back to a 1947 map. China argues that these islands and waters have been part of its territory for centuries. Taiwan, which also claims the area, mirrors China’s position.
• Disputes from Other Countries:
  • Vietnam contests China’s claims, saying it has ruled the Paracels and Spratlys since the 17th century and has documents to prove it.
  • The Philippines also claims the Spratlys, emphasizing its proximity to the islands and also claims the Scarborough Shoal, which China disputes.
  • Malaysia and Brunei claim parts of the sea within their Exclusive Economic Zones (EEZ), defined by international law (UNCLOS).
• International Legal Developments: The 2016 UN Arbitration Ruling: In 2013, the Philippines took China to court over its claims. The Permanent Court of Arbitration in The Hague ruled in favor of the Philippines in 2016, declaring that China’s claims based on the nine-dash line were illegal. This ruling was grounded in the United Nations Convention on the Law of the Sea (UNCLOS), an international treaty governing maritime laws, which China, despite being a signatory, rejected.

Code of Conduct (COC) Negotiations

• The Code of Conduct is an agreement that aims to regulate the behavior of countries in the South China Sea, particularly regarding military and maritime activities. It is being discussed by countries involved in the territorial dispute, such as China, the Philippines, Vietnam, Malaysia, Brunei, and Taiwan.
• ASEAN's Role: The Association of Southeast Asian Nations (ASEAN), which includes countries like Indonesia, Thailand, Singapore, and others, is also involved in the negotiations, even though they are not direct claimants to the area. ASEAN wants to ensure peaceful use of the sea and prevent conflict.
• India’s Stance: India, along with other countries like the US, Japan, and Australia, has an interest in the COC outcome because the South China Sea is vital for international trade and security. India supports the idea that any COC must be consistent with international law and not infringe upon the rights of countries not involved in the dispute.

Global Stakes in the Dispute

• Global Importance of the Sea: The South China Sea is crucial for global trade and the movement of naval forces. The Sea Lines of Communication (SLOCs) passing through this region are vital for the peace and prosperity of countries in the Indo-Pacific.
• Global Powers' Reactions:
  • United States: The US has conducted freedom of navigation operations (FONOPS) to challenge China’s territorial claims. The US has also supported Southeast Asian countries in countering China's expansion in the region.
  • Japan and Australia: These countries have been strengthening their maritime security ties with the Philippines and Vietnam to help counter China’s assertive territorial claims.