Tag: international law

Doklam – The Legal and the Bilateral

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Jabin T. Jacob, PhD, Fellow, Institute of Chinese Studies

The ongoing standoff between India and China in the Doklam area in Bhutan is the result of a disagreement over the terms of the 1890 Convention Relating to Sikkim and Tibet[1] signed by the colonial British government in India and the Qing empire in China.

Contrary to the Chinese stress today on “Mount Gipmochi on the Bhutan frontier” (Article I) as the beginning of the boundary between Tibet and Sikkim, India has pointed out that the specific trijunction point should be that point which adheres to the watershed as indicated in the same Article I of the Convention. Under the 2005 Agreement between India and China[2], the two countries agreed that “the delineation of the boundary will be carried out utilising means such as modern cartographic and surveying practices and joint surveys” (Article VIII) and that “[p]ending an ultimate settlement … the two sides should … work together to maintain peace and tranquillity in the border areas” (Article IX).

This clarifies several dimensions of this issue. Continue reading “Doklam – The Legal and the Bilateral” →

India-China Face-off in Doklam: Need for both Resolve and Prudence 

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Shyam Saran, Member, ICS Governing Council and former Indian Foreign Secretary and Prime Minister’s Special Envoy

The latest face-off between the Indian and Chinese security forces in Doklam, where the borders of India, China and Bhutan meet, brings a sense of déjà vu. There was a similar extended face-off in the Depsang area in Ladakh in April 2013. There have been other incidents as well but the mechanisms in place to maintain peace and tranquillity at the border have eventually worked and the issues have been resolved. Both sides have remained committed to preventing escalation. One hopes that the Doklam incident will not be allowed to vitiate the relationship between the two countries, particularly in view of the fact that Prime Minister Modi and Chinese President Xi Jinping reportedly had a friendly meeting on the sidelines of the recent meeting of the Shanghai Cooperation Organisation (SCO) in Almaty. Both leaders made a special effort to put relations back on a positive track after a somewhat prickly interlude, which included India’s refusal to join the Chinese-led One Belt One Road initiative. This turnaround in relations must not suffer a setback as a result of the latest incident. This may impact the prospects of a possible bilateral summit when the leaders attend the forthcoming G-20 summit in Hamburg. Continue reading “India-China Face-off in Doklam: Need for both Resolve and Prudence “ →

The 8th BRICS Summit: India Hosts, China Gains

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Jabin T. Jacob, PhD, Fellow, Institute of Chinese Studies

The 8th BRICS Summit in Goa in October this year, India came close on the heels of the G-20 Summit at Hangzhou in China and appears more or less to have had the same agenda except that it was smaller in size and therefore brought into sharper focus the contradictions within. The BRICS grouping remains an unbalanced one. China is in a league of its own in the BRICS – both in economic terms as well as increasingly in the political sphere. India is the only other member that has a strong economy – the other three economies are in various stages of stress. However, the grouping is also about taking political positions and here once again, China’s dominant weight has seen statements taking on anti-Western tilt. Continue reading “The 8th BRICS Summit: India Hosts, China Gains” →