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South China Sea
South China Sea has
become a global hot spot so we will be
discussing following aspects related to
it
Where is South China Sea?
Why it is important?
What are the present disputes?
Countries involved in the dispute
Timeline
Award of the permanent court of arbitration
Gobal community's reaction to the award
China's reaction
Impact on India
so let's start with where
if you see on a map South China Sea is the sea
surrounded by countries like China,
Vietnam
Malaysia, Indonesia, Brunei, Philippines, Taiwan.
On its west lies Bay of Bengal and
Indian Ocean and on east lies the pacific
ocean.
Now why it is important?
it is one of the busy international waterways
approximately 30% of global
maritime trade passes through it every year.
There is possibility of
approximately 11 billion barrels of
untapped oil number.
Possibility of 190 trillion cubic feet natural gas
Shortest route between Indian
ocean and Pacific through Malacca strait.
Thus, it holds a lot of economic and Strategic importance
Now what is the dispute and countries involved?
South China Sea has
hundreds of small islands, the main ones
that are Scarborough Shoal, Spartly Island
Paracel Island etc.
China claims most
of these islands but other countries
like Vietnam, Malaysia, Brunei, Taiwan
Indonesia, Philippines have rival claims.
China based on its historical claims of
discovery and use going back to the 2nd
century AD says that it has right over
more than 80% of the South China Sea
China demarcates it through
its nine-dash line which is a "U" shape
line made of nine dashes.
The Chinese claims in the modern time
goes back to 1947 when it first
demarcated it with 11 dash line and
in 1949 it removed the two dashes and now
it's nine dash line.
Since 1970's it aggressively started
claiming the area.
Now the present dispute
In 2013, Philippines raised the
issue with PCA that is permanent court of
arbitration claiming that China has
violated its soverign right under the
1982 UNCLOS which is United Nations
Convention on the Laws of the Sea.
It has taken control over the Scarborough Shoal.
Now what is the court ruling?
the court ruling which came in July 2016
in which it has - rejected China's historical
claims in the South China Sea.
Condemned china for
aggrevating the dispute by building
artificial islands in the area.
Violating Philippines sovereign right
right within its EEZ that is
Exclusive Economic Zone.
Damaging the marine ecosystem of the
area by doing artificial constructions.
World's reaction and China's reaction
the global community has welcomed the
verdict especially the countries
surrounding the South China Sea as well
as Japan.
China reaction:
It strongly declared the verdict as null and void
it says the PCA has no
jurisdiction in this case as it cannot
give rulings in matters of maritime
delimitation, historical base or
titles as per 2006 UNCLOS declaration.
It has cited examples of US
and UK rejecting the rulings of PCA in
Nicaragua and Malvinas cases respectively
It further says that the five-member tribunal
which gave the verdict was painted as
it was formed without its consent.
Now even thought the provisions of UNCLOS
make the award final and binding
but there is no provision of
enforcement mechanism as PCA is an
inter-governmental body and not a court
hence the ruling will not affect
China but China also realizes that
because of the whole issue
its relationship with ASEAN member
countries which have been derailed
because 4/10 of them directly
involved in it.
These four are Vietnam, Brunei,
Philippines and Malaysia.
Its ambition of becoming a superpower
connecting communities from Asia to Eurasia
through its various projects like
Maritime Silk Route, One belt-One Road
Asian Infrastructure Investment Bank
that is AIIIB etc. would take a
backseat if China itself does not
honor the international commitments.
It has to lead by example
so finally China has come out with the
statement that it upholds the principle
of freedom of navigation and is
committed to the peaceful settlement of
the issues in South China Sea through
negotiations.
What does the judgment for India?
Though India is not a direct
party to the dispute but it impacts our
economic and strategic interests like
now our warships do not have to
inform China while navigating through the
South China Sea, unlike in earlier
instances say for example in 2011 when our
warrship INS Airavat was stopped by the
Chinese nacy while it was floating through South
China Sea after returning from Vietnam.
We have similar maritime
dispute with Bangladesh in which the
same court under the same article 7
gave the award and abiding by it, we
peacefully gave away approximately eighty
percent of the disputed territory to Bangladesh.
India generally respects international
commitments be it with Bangladesh case or
Pakistan case vis-e-vis Indus water treaty.
China's reaction has elevated
our moral stature among the global
community.
China said
it can talk about supporting India's NSG
memberships, trying to lure India to
support its stand in South China Sea.
Here we can take diplomatic advantage of
the situation.
It's very important for success of
our "Act East Policy" initiative.
We need to secure our SLOC which is
Sea Lanes of Communication, freedom of navigation and
moreover we have energies deals with
Brunei, Vietnam etc. countries.
So it's very vital for our commercial interests.