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http://m.timesofindia.com/india/Sou...-Beijing-say-experts/articleshow/53180365.cms
NEW DELHI: The verdict of The Hague, rejecting China's claims to economic rights across large swathes of the South China Sea, is a damning indictment of Beijing. Its significance also lies in its stunning clarity - it leaves China with absolutely no room for re-interpretation.
For India, it was a sweet verdict, because it was recently stifled by China at the Nuclear Suppliers Group. So the verdict by the UN-appointed international court of arbitration was greeted with much satisfaction by New Delhi.
China said it neither accepts nor recognizes the tribunal's verdict
India's comment after the verdict was measured, but it was chiding China, for sure.
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"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 (United Nations Convention on the Law of the Sea), India urges all parties to show utmost respect for the UNCLOS, which establishes the international legal order of the seas and oceans" the external affairs ministry said in a statement.
Simultaneously, India's statement was also a reminder that India took an adverse UNCLOS ruling on the chin to resolve a maritime boundary issue with Bangladesh two years ago.
The MEA stated, "India supports freedom of navigation and over flight, and unimpeded commerce, based on the principles of international law, as reflected notably in the UNCLOS. India believes that States should resolve disputes 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."
It was a strong criticism of China's decision to disregard the award and continue as before. As expected, when China rejected the ruling it cited 2,000 years of history.
"China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards."
Shyam Saran, former foreign secretary said, "It's a damning indictment. Of course they can up the ante. But what does it do to them? They would appear as a rogue state if they fail to abide by international law."
Former NSA, Shivshankar Menon said he expects China to continue its aggressive expansionism in the South China Sea in the near future. "They cannot be seen to be backing down."
Victory not just for Philippines
Dr Mohan Malik, professor of Asian security in Asia-Pacific Center for Security Studies Hawaii, said the verdict would be beneficial for India, too, not just for the Philippines.
"The verdict is a welcome development for India's economic (especially oil exploration in the South China Sea off Vietnam) and strategic interests. It provides legal and diplomatic cover for increased Indian naval engagement with other south-east Asian countries," he said.
The Hague's verdict could be a shot in the arm for other claimants like Malaysia, Indonesia, Vietnam etc. But Indian strategists believe the ASEAN would become more polarised than ever. This could give India greater acceptability as a balancing power.
Malik said the award would be beneficial for India in other ways too. "It will bolster India's case for NSG membership and weaken China's opposition and efforts to rally countries like South Africa, Brazil, Ireland and New Zealand against India in the next plenary meeting."
The most important part of the tribunal's award is the unequivocal quashing of Chinese claims of its territory on the famed 'nine-dash line.'
"Tribunal concluded that, to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished to the extent they were incompatible with the exclusive economic zones provided for in the Convention....
The tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the 'nine-dash line'.
The tribunal ruled China-occupied Spratly Islands could not "generate extended maritime zones" quashing China's claim that possession of these islands would give Beijing 200 nautical mile EEZ.
The court rapped China for violating "Philippines' sovereign rights in its exclusive economic zone" adding "Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels."
China, the court ruled, "had caused severe harm to the coral reef environment and violated its obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered species."
In a damning conclusion, it said "China's recent large-scale land reclamation and construction of artificial islands was incompatible with the obligations on a State during dispute resolution proceedings, insofar as China has inflicted irreparable harm to the marine environment, built a large artificial island in the Philippines' exclusive economic zone, and destroyed evidence of the natural condition of features in the South China Sea that formed part of the Parties' dispute."
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