India asks China for the first time to abide by 2016 South China Sea ruling

It is seen as an important development in international relations. India and Vietnam have underlined the need for peaceful settlement of disputes and for "adherence to international law, especially the UNCLOS and the 2016 Arbitral Award on the South China Sea". 

The statement came at the end of four-day visit of  Scretary for Foreign Affairs of the Philippines  Mr. Enrique A. Manalo from June 27 and his successful round of discussions with External Affairs Minister Dr S. Jaishankar,

In July 2016, an arbitration tribunal set up under the UN Convention on the Law of the Sea had ruled in favour of the Philippines government in response to a petition filed against China. It may be stated that Beijing is against Washington's 'interference' and even military exercises in South China sea.

In fact, China claims almost the entire sea as "its territory" and says disputes should be left to countries in the region to settle without outside interference.

The United States and India have declared themselves “among the closest partners in the world” last week during the state visit to Washington by Prime Minister Narendra Modi. The US now says it expects a greater partnership with India in the South China Sea.

Importantly yet again, Daniel Kritenbrink, United States Assistant Secretary of State for East Asian and Pacific Affairs, told Washington’s Center for Strategic and International Studies that “Large countries should not bully smaller ones”.

Asked whether India would have a growing role in the South China Sea, Kritenbrink said “Yes,” adding that there would be greater collaboration among a group of regional powers - the U.S., India, Japan and Australia - known as the Quad. “We will welcome cooperation with any country that embraces that vision. That of course includes India,” Kritenbrink said. 

China had not participated in the arbitration process and refused to 'recognise' the 2016 judgment. India’s response so far had been soft or muted and even a cautious one. But now that stance has improved vis-a-vis the Joint Commission chaired by External Affairs Minister Dr Jaishankar and the Filipino secretary for foreign affairs, Enrique A. Manalo in New Delhi. 

The visiting Filipino dignitary reiterated the Philippines’ position in a speech delivered at the Indian Council for World Affairs on Wednesday. “We successfully won the case in 2016. Unfortunately, China does not recognise the award. We and many countries across the world consider the arbitral award as final and binding,” Manalo said. 

For its part, India is not a 'South China Sea claimant', but it has in the last few years enhanced security ties in the region, signaling its intent to play a bigger role.

These are seen as joint endeavors of  both the US and India seeking to counter China. India’s navy this week also said it was sending an active duty missile corvette to Vietnam as a gift, the first warship it has given to any country. 

The Joint statement also said both the Ministers emphasized the utility of maritime domain awareness, and in this context called for early operationalization of the Standard Operating Procedure (SOP) for the White Shipping Agreement between the Indian Navy and the Philippines Coast Guard.

They looked forward to the signing of the MoU on Enhanced Maritime Cooperation between the Indian Coast Guard and Philippines Coast Guard (PCG) as well. Last year, India signed an agreement with the Philippines for the sale of Brahmos missiles.

Experts in China, however, say it would be an overstretch for India to get involved in the South China Sea issues given its insufficient military strength and its limited number of warships. 

An article in the Chinese tabloid 'Global Times' says India’s supposed extended presence in the South China sea would “complicate[s] the situation and jeopardize[s] the hard-won stability and peace by increasing their footprint in the region”.

China has called the tribunal award null and avoid.

After the ruling in July 2016, in its initial reaction, India was more guarded and merely urged all parties to show utmost respect for the UNCLOS. 

Upholding the Philippines’ case against China, the tribunal had called Beijing’s nine-dash line, which claims sovereignty over 90 per cent of SCS waters, and its reclamation activities in Philippine waters, unlawful.

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