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South China Sea
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South China Sea has
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become a global hot spot so we will be
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discussing following aspects related to
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it
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Where is South China Sea?
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Why it is important?
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What are the present disputes?
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Countries involved in the dispute
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Timeline
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Award of the permanent court of arbitration
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Gobal community's reaction to the award
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China's reaction
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Impact on India
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so let's start with where
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if you see on a map South China Sea is the sea
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surrounded by countries like China,
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Vietnam
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Malaysia, Indonesia, Brunei, Philippines, Taiwan.
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On its west lies Bay of Bengal and
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Indian Ocean and on east lies the pacific
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ocean.
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Now why it is important?
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it is one of the busy international waterways
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approximately 30% of global
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maritime trade passes through it every year.
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There is possibility of
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approximately 11 billion barrels of
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untapped oil number.
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Possibility of 190 trillion cubic feet natural gas
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Shortest route between Indian
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ocean and Pacific through Malacca strait.
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Thus, it holds a lot of economic and Strategic importance
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Now what is the dispute and countries involved?
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South China Sea has
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hundreds of small islands, the main ones
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that are Scarborough Shoal, Spartly Island
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Paracel Island etc.
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China claims most
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of these islands but other countries
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like Vietnam, Malaysia, Brunei, Taiwan
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Indonesia, Philippines have rival claims.
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China based on its historical claims of
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discovery and use going back to the 2nd
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century AD says that it has right over
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more than 80% of the South China Sea
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China demarcates it through
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its nine-dash line which is a "U" shape
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line made of nine dashes.
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The Chinese claims in the modern time
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goes back to 1947 when it first
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demarcated it with 11 dash line and
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in 1949 it removed the two dashes and now
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it's nine dash line.
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Since 1970's it aggressively started
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claiming the area.
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Now the present dispute
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In 2013, Philippines raised the
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issue with PCA that is permanent court of
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arbitration claiming that China has
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violated its soverign right under the
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1982 UNCLOS which is United Nations
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Convention on the Laws of the Sea.
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It has taken control over the Scarborough Shoal.
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Now what is the court ruling?
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the court ruling which came in July 2016
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in which it has - rejected China's historical
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claims in the South China Sea.
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Condemned china for
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aggrevating the dispute by building
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artificial islands in the area.
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Violating Philippines sovereign right
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right within its EEZ that is
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Exclusive Economic Zone.
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Damaging the marine ecosystem of the
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area by doing artificial constructions.
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World's reaction and China's reaction
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the global community has welcomed the
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verdict especially the countries
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surrounding the South China Sea as well
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as Japan.
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China reaction:
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It strongly declared the verdict as null and void
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it says the PCA has no
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jurisdiction in this case as it cannot
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give rulings in matters of maritime
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delimitation, historical base or
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titles as per 2006 UNCLOS declaration.
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It has cited examples of US
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and UK rejecting the rulings of PCA in
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Nicaragua and Malvinas cases respectively
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It further says that the five-member tribunal
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which gave the verdict was painted as
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it was formed without its consent.
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Now even thought the provisions of UNCLOS
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make the award final and binding
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but there is no provision of
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enforcement mechanism as PCA is an
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inter-governmental body and not a court
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hence the ruling will not affect
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China but China also realizes that
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because of the whole issue
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its relationship with ASEAN member
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countries which have been derailed
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because 4/10 of them directly
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involved in it.
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These four are Vietnam, Brunei,
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Philippines and Malaysia.
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Its ambition of becoming a superpower
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connecting communities from Asia to Eurasia
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through its various projects like
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Maritime Silk Route, One belt-One Road
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Asian Infrastructure Investment Bank
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that is AIIIB etc. would take a
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backseat if China itself does not
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honor the international commitments.
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It has to lead by example
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so finally China has come out with the
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statement that it upholds the principle
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of freedom of navigation and is
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committed to the peaceful settlement of
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the issues in South China Sea through
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negotiations.
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What does the judgment for India?
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Though India is not a direct
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party to the dispute but it impacts our
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economic and strategic interests like
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now our warships do not have to
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inform China while navigating through the
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South China Sea, unlike in earlier
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instances say for example in 2011 when our
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warrship INS Airavat was stopped by the
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Chinese nacy while it was floating through South
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China Sea after returning from Vietnam.
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We have similar maritime
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dispute with Bangladesh in which the
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same court under the same article 7
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gave the award and abiding by it, we
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peacefully gave away approximately eighty
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percent of the disputed territory to Bangladesh.
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India generally respects international
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commitments be it with Bangladesh case or
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Pakistan case vis-e-vis Indus water treaty.
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China's reaction has elevated
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our moral stature among the global
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community.
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China said
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it can talk about supporting India's NSG
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memberships, trying to lure India to
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support its stand in South China Sea.
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Here we can take diplomatic advantage of
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the situation.
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It's very important for success of
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our "Act East Policy" initiative.
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We need to secure our SLOC which is
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Sea Lanes of Communication, freedom of navigation and
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moreover we have energies deals with
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Brunei, Vietnam etc. countries.
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So it's very vital for our commercial interests.