The South China Sea Dispute

The South China Sea, a strategically significant and resource-rich waterway, has long been a flashpoint for territorial disputes involving multiple nations. Bordering countries including China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan have laid competing claims over its islands, zones, and resources. At the heart of these disputes lies China’s expansive assertion of sovereignty, delineated by its controversial “nine-dash line.”

India, while not a claimant, has consistently supported adherence to international law and the United Nations Convention on the Law of the Sea (UNCLOS) to maintain peace, stability, and freedom of navigation in the Indo-Pacific.

India’s Perspective: Emphasis on International Law

Speaking at the 11th ASEAN Defence Ministers’ Meeting-Plus Forum in Vientiane, Laos, India’s Defence Minister Rajnath Singh underscored the importance of a maritime “code of conduct” (COC) in the South China Sea that aligns with international law. Singh emphasized, “The code should be fully consistent with international law, in particular, the UN Convention on the Law of the Sea 1982.” He further stated that such agreements should not infringe upon the legitimate rights of non-party nations.

On the ongoing discussions on the Code of Conduct, India would like to see a Code that should not prejudice the legitimate rights and interests of nations, which are not party to these discussions. The code should be fully consistent with international law, in particular the UN…

— रक्षा मंत्री कार्यालय/ RMO India (@DefenceMinIndia) November 21, 2024

External Affairs Minister S. Jaishankar echoed similar sentiments earlier this year, asserting that a robust and effective COC is critical to preserving the peace and prosperity of the Indo-Pacific. Both leaders emphasized the importance of Sea Lines of Communication (SLOCs), key maritime trade routes vital to global commerce.

The South China Sea: Geography and Strategic Importance

The South China Sea, bordered by nations including Vietnam, the Philippines, Malaysia, and China, is a crucial corridor for global trade. According to estimates, over $5.3 trillion worth of goods traverse these waters annually. The region is also rich in marine biodiversity and houses abundant fishing grounds, with more than half of the world’s fishing vessels operating there.

Additionally, the South China Sea is believed to contain vast reserves of natural resources, including oil and gas, making it a prized territory for bordering nations.

China’s Claims and Disputes

China’s claims over the South China Sea are demarcated by the “nine-dash line,” a boundary that encompasses almost the entire waterway. Beijing asserts historical sovereignty over the Paracel and Spratly Islands, citing maps issued in 1947. Taiwan echoes these claims, stating that the islands are integral to the Republic of China.

However, Vietnam disputes China’s narrative, claiming continuous governance over these islands since the 17th century. The Philippines also lays claim to parts of the Spratly Islands and the Scarborough Shoal, citing geographic proximity as justification. Meanwhile, Malaysia and Brunei claim portions of the South China Sea falling within their exclusive economic zones under UNCLOS.

UN Arbitration and Rejection by China

In 2013, the Philippines sought legal arbitration against China’s territorial assertions. The Permanent Court of Arbitration in The Hague ruled in 2016 that China’s claims, including the “nine-dash line,” were invalid under UNCLOS. Despite the verdict, China dismissed the ruling as “null and void” and has continued its activities, including land reclamation and the construction of military installations in disputed zones.

Negotiating a Code of Conduct

Efforts to establish a Code of Conduct (COC) have been ongoing for two decades among the six disputing nations: China, Vietnam, the Philippines, Malaysia, Brunei, and Taiwan. ASEAN members, including Indonesia, Singapore, and Thailand, are also involved in the negotiations. The COC aims to regulate maritime activities and prevent conflict, but progress has been slow. A three-year deadline has been set to finalize the discussions.

India has urged that the COC must not prejudice the rights of nations not involved in these negotiations, reiterating the need for inclusivity and compliance with international law.

Global Implications of the South China Sea Dispute

The outcome of the South China Sea negotiations has far-reaching implications for global trade and geopolitics. Major economies like the United States, the United Kingdom, Japan, and Australia have significant stakes in ensuring that the sea lanes remain open and secure.

United States: The U.S. has conducted freedom of navigation operations in the South China Sea, challenging China’s territorial assertions. It has also strengthened alliances with Southeast Asian nations to counterbalance Chinese influence.
Japan: Japan has supported nations like the Philippines and Vietnam by providing military equipment and training, bolstering their maritime security to deter aggression.

India’s Strategic Interests

For India, the South China Sea is critical to its Act East Policy and Indo-Pacific strategy. With substantial trade passing through the region, India advocates for a free, open, and rules-based maritime order. By engaging with ASEAN and other regional partners, India seeks to promote peace and stability while countering unilateral assertions of power.

The South China Sea remains a hotbed of geopolitical tension, underscoring the need for multilateral cooperation and adherence to international norms. India’s call for a fair and inclusive Code of Conduct reflects its commitment to safeguarding the interests of all nations while championing a peaceful Indo-Pacific. The global community will keenly watch the progress of these negotiations, as the stakes extend far beyond regional boundaries.

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The South China Sea Dispute

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