Quiet diplomacy could ease South China Sea tensions

Source– The post is based on the article “Quiet diplomacy could ease South China Sea tensions” published in “The Hindu” on 13th July 2023.

Syllabus: GS2- Bilateral and regional groupings

Relevance: India and Philippines relationship

News-. The Foreign Ministers of India and the Philippines met at the fifth meeting of the Philippines-India Joint Commission on Bilateral Cooperation, in New Delhi, on June 29.

What were the important outcomes of the meeting?

It was decided to open the resident defence attaché office in Manila; and increased cooperation between the Coast Guards of the two countries.

Both agreed for acquisition of naval assets by Manila under a concessional line of credit from Delhi; expansion of training and joint exercises on maritime security and disaster responses and commencing a maritime dialogue.

Most notable development was the agreement on regional and multilateral issues, particularly on the South China Sea.

While India restated its consistent stance of adhering to international law, including the United UNCLOS, it notably called for the respect of the 2016 Arbitral Award on the South China Sea. This marks a departure from India’s previous position.

What was the decision of the Permanent Court of Arbitration (PCA) in a case related to the South China Sea dispute to address conflicts with China?

The arbitration process considered various aspects, including maritime rights, the status of specific marine features, historical rights, and the legality of certain Chinese actions in the South China Sea, which Manila deemed as unlawful.

According to UNCLOS Article 296I, the tribunal’s decision is considered “final and binding.” The PCA rejected China’s claim of historical rights in the South China Sea and the unanimous decision favoured the Philippines.

The tribunal also declared that any previous claims to resources within the “nine-dash line” were not grounded on a legal basis.

It concluded that China’s development and land reclamation activities had significantly altered the reefs, which violated its commitments under UNCLOS.

The tribunal further criticised China for causing irreversible damage to the marine environment and destroying evidence of the natural condition of features in the South China Sea.

The tribunal found China guilty of violating the Philippines’ sovereign rights in its Exclusive Economic Zone (EEZ) by interfering with fishing and petroleum exploration, constructing artificial islands, and failing to prevent Chinese fishermen from operating in the area.

The tribunal also determined that China had no legal basis to assert historic rights to resources within the sea areas falling under the tribunal’s jurisdiction.

What is the importance of the South China Sea?

The South China Sea holds significant importance as a crucial maritime passageway connecting the Pacific and Indian Oceans. It plays a vital role in global geopolitics, economy, and strategic interests.

Maintaining free and stable maritime routes is essential for global trade and the world economy.

What is the way forward to resolve the South China Sea conflict?

Despite the ruling by the PCA, the actual situation on the ground remains unchanged, making it practically challenging to enforce the decision.

Recognizing that the South China Sea issue necessitates a political framework, dialogue becomes the key to resolving it.

Leaders of the Association of Southeast Asian Nations (ASEAN) should pursue a political solution through “quiet diplomacy” since the prospects of resolving the matter purely through legal means are limited.

The responsibility of establishing a “political framework” and making progress towards a legally binding “code of conduct” primarily lies with ASEAN’s leaders. It is essential for ASEAN nations to foster greater understanding and unity among themselves.