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Challenges to Free and Open Indo-Pacific

Context:

5. Mr. Manalo, Secretary of Foreign Affairs of the Philippines has arrived in India on an official visit to strengthen ties between India and the Philippines. China’s assertiveness in the South China Sea was discussed in this context.
5. China and the ASEAN countries are negotiating for a Code of Conduct in the South China Sea.
5. In this regard, India has called for adherence to the 2016 arbitration decision in favour of the Philippines.

What was the Arbitration Decision?

5. In 2013, the Philippines took the matter to the Permanent Court of Arbitration to resolve their dispute with China over rights to the South China Sea. The Arbitral Tribunal, established under UNCLOS, made several key rulings in favour of the Philippines:
5. China’s claims to historic rights within the nine-dash line were found to be contrary to UNCLOS and beyond the geographic limits set by it.
5. The Tribunal determined that China’s construction and presence on artificial islands and structures did not change the legal status of these features, meaning they cannot generate an Exclusive Economic Zone (EEZ) or a continental shelf (CS).
5. The Tribunal ruled that China’s action violates UNCLOS in several ways, including temporarily banning fishing in the Philippines EEZ, failing to prevent Chinese vessels from fishing in the Philippines EEZ, preventing Filipino fishermen from traditional fishing at Scarborough Shoal, constructing artificial islands without the Philippines’ authorization, and causing damage to the coral reef ecosystem through land reclamation and construction in the Spratly Islands.

What are the difficulties in concluding the negotiations of the Code of Conduct?

5. China has rejected the 2016 Arbitral award and considers it null and void. This creates a significant hurdle to reaching a resolution.
5. China’s increased assertiveness in the South China Sea limits the likelihood of finding a mutually agreeable solution.
5. ASEAN countries have differing views, and there is no unified stance on all issues. This lack of consensus among member nations makes it challenging to reach a final solution.
5. The code of conduct will need to address a variety of details, such as what to do in the event of a collision at sea, how to deal with third parties, and whether the code will be legally binding. There has been no consensus on this.
5. Manila’s efforts to strengthen its military presence in the region, while emphasizing its desire to assert rights and protect its fishermen, are met with opposition from China. This disagreement could potentially contribute to a stalemate in the negotiations.

South China Sea Dispute Causes

5. The maritime disputes in the South China Sea impact on a series of regional bilateral relations and continue to trouble ties between China and the Association of Southeast Asian Nations (ASEAN). Various reasons have led to the dispute regarding the South China Sea.
5. The main cause of this dispute is the claim of different territories over the Sea and territorial demarcation of the sea.
5. The Sea is said to be a major source of natural resources for the different territories.
5. It is a source of about 10 percent of the country’s fishery, which makes it an essential source of food for hundreds of people. This is also a major reason why people from different countries are claiming their rights over the sea.
5. The islands and rocks have also been a cause of dispute. Country’s claim their right over the different islands, which makes it tougher for countries to trade through this waterway as it may lead to seizing their trading ships.
5. There are exclusive economic zones (EEZ) and mostly in the case of water bodies, these zones overlap for different territories.

Effects of the South China Sea Dispute

5. The South China Sea Dispute has adversely affected the territories involved in the dispute but along with them, other countries involved in trade with them are affected. It is one of the most vital trade routes and it is important to end the dispute over the South China Sea so that trade and economic activities of the country are not disrupted.
5. Also, the US is playing a very important role in mending the dispute because it has wide-ranging security commitments in East Asia and is allied with several of the countries bordering the South China Sea, such as the Philippines, Singapore, and Vietnam. So any dispute among them will directly affect the US.