India ‘carefully studying’ UN tribunal’s verdict in South China Sea row

India is “carefully studying” the verdict by an UN-backed tribunal which on Tuesday ruled that China has no legal basis to claim “historic rights” to islands in South China Sea. But even as the Arbitral Tribunal rejected China’s historical rights over the South China Sea, China said it neither accepted nor acknowledged the ruling. 

“The award is null and void and has no binding force,” according to a statement issued by the country’s Ministry of Foreign Affairs, which was carried by the Chinese news agency Xinhua. China conducted test flights at airstrips on the newly reclaimed land at Mischief and Subi reefs, the statement read.  

India, which supports freedom of navigation, took note of the Award of the Arbitral Tribunal constituted under Annex VII of the 1982 United Nations Convention on the Law of Sea (UNCLOS) in the matter concerning the Philippines and China.

“India has noted the Award of the Arbitral Tribunal constituted under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in the matter concerning the Republic of the Philippines and the Peoples Republic of China and is studying it carefully,” External Affairs Ministry said in a statement.

It added: “India believes that states should resolve the dispute through peaceful means without threat or use of force and exercise self-restraint in the conduct of activities that could complicate or escalate disputes affecting peace and stability.” 

Sea lanes of communication passing through the South China Sea are critical for peace, stability, prosperity and development. As a state party to the UNCLOS, India has urged all parties to show utmost respect for the UNCLOS, which establishes the international legal order of the seas and oceans. 

Some former diplomats described the South China sea situation as “grim”, saying that China’s activities were threatening peace, security, stability and cooperation. Before 1947, all geographical maps printed by China showed their territory till Hainan Island. 

In 1974, China forcibly occupied Paracel Islands, which was under Vietnaam. In 1988, China again used force to occupy some reefs in Spratly Islands, Hanoi, which has been pointed out on several occasions in the past. 

China officially claims an area within a nine-dot line as their historic waters, which cover 80 per cent of the South China Sea and overlaps with the EEZs of all other countries surrounding the South China Sea, including Vietnam, the Philippines, Malaysia, Indonesia and Brunei.

Spread over 3.7 million square kilometre surface area, the South China Sea not only provides the surrounding countries with oil and gas, seafood and other natural resources, but also serves as the most critical shipping route between the Pacific and the Indian oceans. Nearly 30 per cent of the world’s cargo passes through the South China Sea. 

With China’s aggressive campaign in the region, it is clear that this complicated 21st century dispute where half a dozen nations are making competing claims and tension has escalated in recent years is not heading towards a peaceful settlement.