08 Jun Construction of a Bridge on Pangong Tso : Is it a violation of international law ? An analysis
Construction of a Bridge on Pangong Tso : Is it a violation of international law ? An analysis – Today Current Affairs
Context : China is constructing a bridge on Pangong Tso. However China is arguing that its construction of a bridge on Pangong Tso is peaceful but it is in full violation of international law. It is also a futuristic threat for India also .
Today Current Affairs
China is constructing a Bridge on Pangong Tso. India is continuously protesting this act of China however China is arguing that this act is not the threat for India . This act is a peaceful act . But through this bridge China can access the territory of India very easily and another objectionable thing is that the constructing bridge comes in the region of Indian territory
Besides there are several other reasons to protest against this bridge
- This region played an important role during the India China war of 1962. China surprisingly attacked through this region of India . We should not believe China on her own assurance and explanation . A similar assurance was given by China in 1957 when she built a road through Aksai Chin linking Tibet and Xinjiang. And when India protested . China assured in same way
- If we see the recent activities of China regarding the resolution of border disputes with her neighbors it does not seem that China is ready to respect any international laws on this matter. The Hindu Analysis
- This bridge is in the international boundary and as per the claim of India it is within the territory of India . A portion of that area has been under Chinese control since 1958. And this region has been witness of the Chinese invasion during 1962 as well as the confrontation of India and China in 2017 and 2020 where many soldiers of India had to sacrifice with their life
- The important reason to protest is that This act of China is completely violating International law. It tries to derive its claims on the basis of historic rights to the detriment of the rights of its neighbors, as is the case with its claims in the South China Sea.
Illegality in international law : The Hindu Analysis
There are several decisions given by the ICJ in the past which are against this act of China .
- it tries to derive its claims on the basis of historic rights to the detriment of the rights of its neighbors, as is the case with its claims in the South China Sea. and as per the international law , no construction should be done in disputed region
- The Permanent Court of Arbitration’s Award in the Island of Palmas case noted that only the continuous and peaceful display of territorial sovereignty (peaceful in relation to other States) is as good as a title. India does not accept this act as for peaceful purpose. The Hindu Analysis
- India has neither accepted China’s unjustified claims on that portion nor its construction activities. China cannot take the plea that India has acquiesced; that there is an expression of consent by conduct or inaction by India.
- As per the international law , the border dispute should be settled due to mutual negotiations , not with the aggressiveness ( Article 2(3) and Article 2(4) of the UN Charter.)
Apart from the above analysis there are some judgments of ICJ given in the past . those are
- China could take plea that it is building a bridge peacefully; and she has to give assurance that this activity of China , would never harm the human being or property . The Hindu Analysis
- In ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’, the ICJ examined the inadmissibility of acquisition of territory by force. Court strongly condemned the construction of the wall by force and stated that it is the breach of Article 2(4).
- The ICJ judgment in ‘Certain Activities Carried out by Nicaragua in the Border Area’ is also important in understanding China’s moves. Court stated that the construction of the pipeline and the deployment of troops in Costa Rica by Nicaragua would be seen as the violation of the international law
Today Current Affairs
As per the above analysis it can be concluded that the act of china (Construction of the Bridge) is an unlawful act and India should raise the voice against this act in front of the international agencies . However China is assuring that this is a peaceful act but China should not be trustable in this regard we are the victim of such Chinese assurances in past