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The Hindu
6 days ago
- Politics
- The Hindu
China's claim on Arunachal not supported by international law
China has once again renamed places in Arunachal Pradesh, this time as many as 27 of them, to reinforce its claim over the Indian State which it calls Zangnan. China claims that its effort to 'standardise' the names is fully within its sovereignty. It maintains that Arunachal Pradesh is in South Tibet, and cites the presence of the second-most important Tibetan Buddhism monastery in Tawang and the birth of the sixth Dalai Lama in Arunachal to support its claim. China's territorial claims in Arunachal Pradesh and its maritime claims covering most of the islands of the South China Sea are grounded in its perspective of international law, which is heavily based on sovereignty. Though the Five Principles of Peaceful Coexistence figure in China's vision of international law, the most elemental in China's view is the principle of sovereignty. China mixes its content of sovereignty with abundance of historical evidence to support its territorial and maritime claims which are at odds with the established principles of international law and are in contravention of the decisions of international courts and tribunals. The International Court of Justice (ICJ) has expressly rejected on several occasions the mode of acquiring territory grounded in the reasoning of consolidation by historical title. In Land and Maritime Boundary between Cameroon and Nigeria, the ICJ noted that 'the notion of historical consolidation has never been used as a basis of title in other territorial disputes, whether in its own or in other case law', and that 'the theory of historical consolidation is highly controversial and cannot replace the established modes of acquisition of title under international law, which takes into account many other important variables of fact and law' (ICJ Judgment 2002, Rep. 303, para. 65). Jianming Shen, Chinese scholar, defends consolidation by historical title in light of inter-temporal and international law. He argues that 'the evaluation and determination of historic titles should be made in light of the rules of international law which were in force at the time when such title was allegedly acquired, not in accordance with the rules of law at the time of subsequent disputes'. The first territorial dispute that went before the ICJ was relating to deciding the title of the Minquiers and Ecrehos (two groups of islets situated between the British island of Jersey and the coast of France). In the case, the court was asked to determine which of the parties had produced the more convincing proof of title to these group of islands. The ICJ did not consider indirect presumption from events in history, but evidence which relates directly to the possession of the Minquiers and Ecrehos group or in other words direct evidence of possession and the actual exercise of sovereignty (Minquiers and Ecrehos (Fr./UK), 1953 ICJ Rep. 47). After considering this evidence, the court arrived at the conclusion that the sovereignty over the Minquiers and Ecrehos belonged to the U.K. 'Uti Possidetis Juris' China's renaming exercise goes against another established principle of title to a territory, the principle of uti possidetis juris (Roman law rule translated as 'as you possess, so may you possess) that is the principle that the boundaries of newly independent states should follow those of the previous colonies. China does not recognise the McMahon line, drawn by the British colonial authorities in 1914 at the Anglo-Tibetan Shimla Conference, which established the boundary between British India and Tibet. Though Chinese representatives were present at Shimla, they refused to sign or recognise the accords on the basis that Tibet was under Chinese jurisdiction and therefore did not have the power to conclude treaties. The Frontier Dispute (Burkina Faso and Mali) judgment by the ICJ in 1986 is illustrative of the principle of uti possidetis juris. The ICJ gave priority to the principle which accords preeminence to legal title over effective possession as a basis of sovereignty, and whose primary aim is to secure respect for the territorial boundaries which existed at the time when independence was achieved. The ICJ emphasised both its general applicability and the function of the principle in preventing 'the independence and stability of new states being endangered by fratricidal struggles provoked by the challenging of frontiers following the withdrawal of the administering power' (1986 ICJ Rep. 554, para.20). Maps and international law China tries to buttress its territorial and maritime claims with the support of map. In its maritime claim in the South China Sea, China uses the nine-dash-line map to support its claim. Generally, there is a lack of clarity whether the map has any legal relevance to the delimitation of China's boundaries in the South China Sea. The question is does the map make the claim more persuasive from the perspective of an international court or tribunal? The principle that emanates from international jurisprudence and doctrinal discussions is that cartographic materials do not by themselves have any legal value. In the Frontier Dispute, the ICJ stated that in frontier delimitations, 'maps merely constitute information' and that 'of themselves, and by virtue solely of their existence, they cannot constitute a territorial title' (1986 ICJ Rep. 554 para.54). They constitute extraneous evidence of varying reliability that might, depending on the circumstances, be used together with other evidence to establish a fact. In light of the above, it can be concluded that China's assertive stance in Arunachal and the far-reaching pretensions in the South China Sea do not meet the standards of international law. (The author is a Senior Assistant Professor in international law at the Indian Society of International Law, New Delhi. Views are personal)
Malaysia Sun
26-05-2025
- Business
- Malaysia Sun
China, Indonesia reaffirm Bandung Spirit, pledge closer cooperation
JAKARTA, May 25 (Xinhua) -- During Chinese Premier Li Qiang's ongoing official visit to Indonesia, the two countries highlighted the contemporary value of the Bandung Spirit and pledged for closer bilateral cooperation as well as better strategic coordination. "China stands ready to work with Indonesia and other developing countries to jointly uphold the Five Principles of Peaceful Coexistence and the Bandung Spirit," Li said Sunday in talks with Indonesian President Prabowo Subianto. In April 1955, a landmark conference in Indonesia's city of Bandung gathered 29 Asian and African nations under the flag of solidarity, friendship and cooperation, marking the awakening of the part of the world known now as the Global South. "Today, more than seven decades later, the world is once again at a critical crossroads," Li said on Saturday when addressing the business community of the two countries. Unilateralism and protectionism are on the rise, and acts of bullying are increasing, he said, stressing that against this backdrop, the contemporary value of the Bandung Spirit has become more prominent. Shortly after the premier's arrival on Saturday, Li and Prabowo jointly visited a commemorative exhibition marking the 70th anniversary of the Bandung Conference. In his visit, Li has urged China and Indonesia to make the pie of cooperation bigger, strengthen industrial integration and safeguard free trade. He told Prabowo on Sunday that China is willing to work with Indonesia to enhance the alignment of development strategies and deepen high-quality Belt and Road cooperation, especially by optimizing and strengthening landmark projects. Li urged the two sides to further enhance the "golden brand" of the Jakarta-Bandung High-Speed Railway. The premier also said both sides should enhance market connectivity and industrial collaboration, improve the level of trade and investment facilitation, and expand cooperation in areas such as finance, new energy, digital economy, artificial intelligence (AI), aerospace and the ocean. Noting that 2025 marks the 75th anniversary of diplomatic relations between the two countries and the 70th anniversary of the Bandung Conference, Prabowo said on Sunday that Indonesia will take this opportunity to deepen the comprehensive strategic partnership with China and jointly promote peace, development in Asia and the world. He said Indonesia is ready to expand cooperation with China in agriculture, finance, infrastructure, green economy, AI and education, and upgrade industrial collaboration. Prabowo also expressed the hope that more Chinese enterprises invest and do business in Indonesia. The two leaders on Sunday witnessed the signing of a number of cooperation documents in areas concerning economic development policies, industrial and supply chain as well as finance. Li also met with Speaker of Indonesia's House of Representatives Puan Maharani on Sunday. He told Puan that China insists on taking Indonesia as a priority in neighborhood diplomacy, and is willing to deepen all-round strategic cooperation with Indonesia. Analysts here spoke highly of the visit and the future development of China-Indonesia relations. "Premier Li's visit to Jakarta sends a strong signal that China-Indonesia relations are growing increasingly close. The two countries have developed a strategic partnership across economic, political and developmental spheres. This visit reflects the deepening cooperation and mutual recognition of each other's roles in regional and global affairs," said Muhammad Syaroni Rofii, a scholar on international relations at the University of Indonesia. Li arrived here Saturday for an official visit and will leave for Malaysia on Monday to attend the ASEAN (the Association of Southeast Asian Nations)-GCC (the Gulf Cooperation Council)-China Summit in Kuala Lumpur.
Express Tribune
11-02-2025
- Politics
- Express Tribune
Upholding Shanghai Spirit — SCO on the move
Listen to article The Shanghai Cooperation Organisation (SCO) has consistently adhered to the "Shanghai Spirit" which emphasises "mutual trust, mutual benefit, equality, consultation, respect for diversity of civilisations and pursuit of common development". It has continuously strengthened political mutual trust among member states and vigorously promoted cooperation in security, economy, culture, and other fields. The SCO has become an indispensable force in promoting world peace and development, as well as upholding international fairness and justice. Currently, the international situation is in turmoil, with changes unseen in a century rapidly unfolding. Humanity faces increasing instability and uncertainty. Against this backdrop, China is willing to work with countries in the region to continue promoting the "Shanghai Spirit" and transform the SCO into a strategic pillar for fostering regional peace, stability, and shared prosperity. The "Shanghai Spirit" has stood the test of time and carries profound contemporary significance. It aligns closely with the purposes of the United Nations Charter; is consistent with the "Five Principles of Peaceful Coexistence"; and resonates deeply with the development aspirations of the "Global South". "Mutual trust" forms the cornerstone of stable relations among SCO member states; "mutual benefit" ensures shared gains in economic cooperation; "equality" is reflected in every aspect of the organisation's decision-making processes; "consultation" represents the effective approach the SCO has consistently practised in resolving international disputes; "respect for diversity of civilisations" fosters mutual tolerance and appreciation among member states; and "pursuit of common development" charts the forward path for SCO members. Over the years, the "Shanghai Spirit" has provided theoretical support for the SCO's growth, serving as a shared emotional bond and cooperative principle among its members. It embodies the collective voice and powerful call of member states in the new era, as they strive for good-neighborly relations and peaceful development. The "Shanghai Spirit" is pragmatic and progressive, aligning with the practical needs of regional and global governance. The SCO has always remained true to its founding mission. In recent years, the outcome documents adopted by member states at the SCO Summit and the Council of Heads of Government have focused on practical cooperation, actively strengthening collaboration in financing, energy, green industries, the digital economy, and other fields. These efforts have provided effective support for the economic and social prosperity of member states, allowing their citizens to enjoy a greater sense of gain. The SCO is resolute in combating drug trafficking, transnational organised crime, and safeguarding international information security, while significantly enhancing cooperation in various non-traditional security areas. Additionally, the SCO places great emphasis on promoting cultural and people-to-people exchanges among member states, continuously innovating and organising forums such as the SCO forum "Year of Tourism 2023" and the SCO forum "Year of Ecology 2024". These initiatives have successfully created new platforms for cultural cooperation, laying a solid foundation of public support for lasting friendship and goodwill in the region. The "Shanghai Spirit" is inclusive and open-minded, embodying the essence of promoting peace and prosperity. It transcends notions such as the clash of civilisations, Cold War mentality, and zero-sum game, and has been gaining increasingly widespread recognition from the international community. Guided by the "Shanghai Spirit", the SCO has united countries with diverse cultural backgrounds and at different stages of development. Member states respect one another, foster mutual trust and mutual benefit, and promote harmonious yet diverse and inclusive civilisational exchanges. Committed to common development, the SCO has established a constructive partnership that is non-aligned and not targeted against any other countries or regions, pioneering a new model of regional cooperation and making significant contributions to regional peace and development. In 2024, the ''Shanghai Cooperation Organisation Plus'' Meeting in Astana approved the SCO initiative on solidarity among nations to promote global justice, harmony, and development, offering the "SCO Solution" for advancing the construction of a new type of international relations and a community with a shared future for mankind. The "China Year" of the SCO will be a year of building on past achievements and forging ahead into the future. As a founding member of the SCO, China has always regarded the organisation as a key direction in its foreign policy. In July last year, President Xi Jinping delivered an important speech at the "Shanghai Cooperation Organisation Plus" Meeting in Astana, proposing the creation of common home of solidarity and mutual trust, peace and tranquility, prosperity and development, good-neighborliness and friendship, fairness and justice that offered clear guidance for shaping the new blueprint for the development of the SCO. As the chairing country of the SCO from 2024 to 2025, China will implement the slogan "Upholding the Shanghai Spirit: SCO on the Move", hosting a SCO summit featuring friendship, solidarity and fruitful outcomes, as well as more than 40 institutionalised meetings. Besides, China will hold major events, including the SCO Political Parties Forum, Forum on Poverty Reduction and Sustainable Development, Forum on People-to-People Friendship and the Forum on Friendship Cities, and SCO International Investment and Trade Expo, as well as flagship events including the SCO Film Festival, Television Festival, Art Festival, Youth Innovation and Entrepreneurship Competition, Chinese Calligraphy Competition, Sculpture Tournament and SCO Summer Event. Discussions will focus on key areas such as poverty reduction, food security, public health, development financing, climate change and green development, industrialisation, digital economy, and connectivity. Cooperation among member states will deepen in political, security, economic and cultural fields, working together to build an even closer SCO community with a shared future, contributing "SCO wisdom" for international and regional sustainable development, and offering "SCO strength" to address global challenges. The "Shanghai Spirit" will inject new momentum into China-Pakistan cooperation. In October last year, Pakistan successfully hosted the 23rd Meeting of the Council of Heads of Government of Member States of the SCO in Islamabad, making significant contributions to the practice of the "Shanghai Spirit". China and Pakistan share a solid foundation for cooperation and vast prospects for future collaboration. As CPEC enters a new phase of high-quality development, the two countries will continue to strengthen communication and coordination within the SCO framework. China and Pakistan will deepen strategic alignment, expand practical cooperation, address risks and challenges, and enhance people-to-people exchanges. We will strive to turn the vision of common home of solidarity and mutual trust, peace and tranquility, prosperity and development, good-neighborliness and friendship, fairness and justice into a tangible reality together, accelerate the building of a closer China-Pakistan community with a shared future in the new era, and bring more benefit to both nations and the two peoples.
