What's the article about?
The article is about the recent meeting of Quad foreign ministers meeting, where India raised China’s blatant violations of international law.
Syllabus: GS-II – India and its Neighbourhood, Effect of Policies & Politics of Countries on India’s Interests
Agreements and International law for mutual peace:
1.India-China agreements:
- 1993 India-China agreement: Where both countries signed to completely ban use of force against each and resolve peacefully.
- 1996 India-China Agreement: Agreement on confidence-building measures, prohibits the use of military capability against other.
- 2003 Special representative mechanism that focuses on peace in border areas.
- 2005 and 2013 India-China Agreements: Which imposes prohibition on the use of force.
2.United Nations (UN) Charter: It clearly says not to use force by states in aspects of Self defense and Authorization of UNSC.
Instances of Breach of law
- Violent clashes in Galwan valley in Ladakh: Where China used military force against India, clear violation of bilateral agreements.
- China’s new border law: It violates the 2005 agreement to respect and strictly observe LAC between both.
- Military at borders: After Galwan incident, there are reports of huge military buildup and weaponry at LAC.
China weaponizing international law:
- Conception of Rule of Law: China’s socialist rule of law views law as instrument to service state. Unlike liberal democracies, the law as been designed to constrain unbridled state power.
- Violation of UNCLOS ruling: In 2016, China denounced UNCLOS ruling in favor of Philippines.
- Exploiting the WTO system: Follows policy of mercantilism through illegal subsidies, IPR frauds, currency manipulation.
- Violation to treaties: Lawfare: Law as a Weapon of War, said that China secretly violates the obligations of the nuclear nonproliferation treaty by providing nuclear technology to its allies.
Measures for India:
- India should develop its own ethical lawfare strategy to combat Beijing by following international law.
- India should make a strong legal case by highlighting China’s violations of all International Treaties, at every forum.
- India can enact a ‘national security law ‘ that aims at imposing restrictions or sanctions of various kinds (trade, economic, military) on those countries with whom India shares a land border.
- India should demonstrate to the world that China’s international law violations pose a threat to the entire international community — not just India.
