India’s call for respect for int’l law in South China Sea disputes a message to China – Tibetan Review

Report on India’s Advocacy for Maritime Law and Sustainable Development in the Indo-Pacific

Context: ASEAN Defence Ministers’ Meeting

On November 1, during an address at the ASEAN defence ministers’ meeting in Kuala Lumpur, Malaysia, India’s Defence Minister, Rajnath Singh, articulated a position on maritime security in the Indo-Pacific. The comments underscored the importance of international law in managing disputes in the South China Sea, a region with overlapping territorial claims involving China and five other parties: Vietnam, Malaysia, the Philippines, Brunei, and Taiwan.

Upholding International Law for Peace, Justice, and Strong Institutions (SDG 16)

The Minister’s statement emphasized principles directly aligned with Sustainable Development Goal 16, which promotes peaceful and inclusive societies, access to justice for all, and effective, accountable institutions at all levels.

Commitment to the Rule of Law

• Advocacy for the universal application of the United Nations Convention on the Law of the Sea (UNCLOS) as the primary legal framework for maritime activities.
• Implicit reference to the July 12, 2016, Permanent Court of Arbitration ruling, which found that claims based on “historic rights” within the “nine-dash line” lacked a legal basis under UNCLOS.
• Stressed that adherence to international law is not directed against any single nation but serves the collective interest of all regional stakeholders in maintaining peace and stability.

Vision for an Inclusive and Secure Region

• India’s strategic engagement with ASEAN is founded on the principle of an open, inclusive, and coercion-free Indo-Pacific.
• This approach supports the development of strong international and regional institutions capable of peacefully managing disputes and ensuring security for all nations.

Integrating Security with Environmental and Economic Sustainability (SDG 14 & SDG 8)

The report highlighted the critical link between regional security, the protection of marine ecosystems, and sustainable economic growth, reflecting the aims of SDG 14 (Life Below Water) and SDG 8 (Decent Work and Economic Growth).

Protecting Marine Resources and Biodiversity (SDG 14)

• The South China Sea disputes concern areas rich in hydrocarbons and other vital maritime resources.
• Upholding freedom of navigation and international law is essential for the sustainable management and conservation of marine ecosystems.
• Actions such as the construction of artificial islands disrupt marine habitats and contravene the principles of sustainable use of ocean resources.

Ensuring Sustainable Economic Growth (SDG 8)

• Freedom of navigation and overflight are fundamental prerequisites for the maritime trade that underpins regional and global economic stability.
• By safeguarding these freedoms, nations can ensure the secure flow of goods and services, contributing to sustained and inclusive economic growth.

Fostering Partnerships for the Goals (SDG 17)

The Minister outlined India’s partnership model with ASEAN as a long-term, principle-driven engagement focused on mutual development, directly supporting SDG 17 (Partnerships for the Goals).

Principles of India-ASEAN Partnership

1. Long-Term and Principle-Driven: The engagement is strategic rather than transactional, built on shared values.
2. Integrated Approach: India’s security vision for the Indo-Pacific combines defence cooperation with economic development, technology sharing, and human resource advancement.
3. Interlinkage of Goals: The partnership recognizes the inseparable connection between security, economic growth, and environmental sustainability, forming a comprehensive framework for achieving the Sustainable Development Goals in the region.

Analysis of the Article in Relation to Sustainable Development Goals (SDGs)

1. Which SDGs are addressed or connected to the issues highlighted in the article?

   The article highlights issues of international law, maritime disputes, regional security, and partnerships, which directly connect to the following Sustainable Development Goals (SDGs):

   • SDG 16: Peace, Justice and Strong Institutions: This goal is central to the article, which focuses on the importance of international law (UNCLOS), dispute resolution through legal mechanisms (Permanent Court of Arbitration), and the need for peaceful and inclusive societies free from coercion.
   • SDG 14: Life Below Water: The dispute is explicitly over the “hydrocarbon and other maritime resources-rich South China Sea.” This goal is relevant as it aims to conserve and sustainably use the oceans, seas, and marine resources, which requires a clear legal and cooperative framework as defined by international law.
   • SDG 17: Partnerships for the Goals: The article emphasizes multilateral cooperation through the ASEAN defence ministers meeting and India’s strategic engagement with ASEAN to safeguard “collective interests of all regional stakeholders.” This highlights the importance of regional and global partnerships to achieve security and sustainable development.

2. What specific targets under those SDGs can be identified based on the article’s content?

   Based on the article’s discussion, the following specific targets can be identified:

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article’s repeated references to the “United Nations Convention on the Law of the Sea (UNCLOS)” and the 2016 ruling by the “UN’s Permanent Court of Arbitration” directly relate to promoting the rule of law at the international level to resolve disputes.
   • Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the Law of the Sea. The core of the dispute is access to maritime resources, and the article highlights UNCLOS as the legal framework for resolving these claims. India’s advocacy for “freedom of navigation” and respect for international law supports the implementation of UNCLOS for the sustainable use of oceans.
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships that mobilize and share knowledge, expertise, technology and financial resources, to support the achievement of the sustainable development goals in all countries, in particular developing countries. The article describes the “ASEAN defence ministers meeting” and “India’s strategic engagement with ASEAN” as platforms for regional cooperation. India’s vision to integrate “defence cooperation with economic development, technology sharing, and human resource advancement” is a clear example of a multi-stakeholder partnership aimed at regional stability and development.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

   The article implies several indicators that can be used to measure progress:

   • For Target 16.3: An implied indicator is the level of adherence to international law and rulings from international judicial bodies. The article points to a negative indicator by stating, “China refused to accept the verdict” of the Permanent Court of Arbitration. Progress would be measured by the acceptance and implementation of such rulings by all parties.
   • For Target 14.c: A key indicator is the degree to which nations’ maritime claims and activities conform to the principles laid out in UNCLOS. The article highlights non-conformity through China’s “nine-dash line” claim, which the tribunal found to have “no legal basis under the UN Convention on the Law of the Sea (UNCLOS).” Progress would be measured by the alignment of national maritime policies with UNCLOS.
   • For Target 17.16: An indicator is the frequency and substance of regional dialogues and partnerships. The mention of the “ASEAN defence ministers meeting” and India’s “long-term and principle-driven” engagement with ASEAN serve as examples of such partnerships. The effectiveness of these partnerships in promoting a “free from coercion” Indo-Pacific would be a measure of progress.

4. Create a table with three columns titled ‘SDGs, Targets and Indicators” to present the findings from analyzing the article. In this table, list the Sustainable Development Goals (SDGs), their corresponding targets, and the specific indicators identified in the article.

   SDGs	Targets	Indicators
   SDG 16: Peace, Justice and Strong Institutions	16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.	Level of adherence to rulings from international judicial bodies (e.g., the Permanent Court of Arbitration’s 2016 verdict).
   SDG 14: Life Below Water	14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in the United Nations Convention on the Law of the Sea (UNCLOS).	Degree to which national maritime claims and policies align with the principles of UNCLOS.
   SDG 17: Partnerships for the Goals	17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships.	Frequency and effectiveness of regional dialogues and partnerships (e.g., ASEAN defence ministers meeting) in promoting cooperation and regional stability.

Source: tibetanreview.net