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9/27/13

IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS

CA T E G O RY A RCHI V E S : B I L A T E RA L A ND RE G I O NA L CO -O P E RA T I O N

Bilateral, regional and global groupings and agreements involving India and/or affecting India’s int

IR – India China relation – Major irritants and issues
Posted on June 8, 2013 by admin

Following things are covered in this note Common global concerns Major Areas of contentions 1. Border Disputes – Aksai Chin, NEFA – Arunanchal pradesh 2. Issue of Tibet 3. Issue of china’s assistant to Pakistan’s nuclear and missile programs 4. Other recent issues

From IR – China – border disputes – other issues, posted by Iasmains New Pattern on 6/08/2013 (7 items)

Peace an d Tran qu i l i ty agreem en t between N arsi m h a rao an d h i s cou n terpart Li pen g.

Ch i n a – Ti bet i ssu e

www.iasmains.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation

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Clearly.external and non-state actors | Tagged China . understandably. strengthen cultural ties and increase mutual understanding and friendship between our peoples. 2. China too must be mindful of www.India would. Internal Security. General Studies III.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 2/14 . harness each other’s comparative strength and expand win-win cooperation in infrastructure. 5.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS Issu e of Ch i n a’s assi stan ce to Pak n u cl ear an d m i ssi l e program s Ch i n a’s h el p to Pak – i n di an con cern s Oth er recen t i ssu es Generated by Facebook Photo Fetcher 2 Posted in Bilateral and regional co-operation. Tibet | Leave a reply Xi Jingping – Five point proposal for Indo-China relations Posted on April 15. 2013 by admin China’s President Xi Jinping listed a “five point proposal” for guiding India-China relations. Pakistan. accommodate each other’s core concerns and properly handle problems and differences existing between the two countries. expand coordination and collaboration in multilateral affairs to jointly safeguard the legitimate rights and interests of developing countries and tackle global challenges. International Relations. These are: 1. 4. the last of the five points raised by Xi requires further elaboration and consideration. want to know what exactly China has in mind when it talks of core interests today.iasmains. 3. mutual investment and other areas. maintain strategic communication and keep bilateral relations on the right track. For its part.

received marginal Indian migration (mainly in the Caribbean/Atlantic). impact on India’s core interests.an overview Posted on March 13. depending on the country.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 3/14 .9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS India’s “core interests”. While China cannot be blamed. It would. having limited or no historic www. Indian Express article: Panchseel: Non interference in internal affairs Mutual respect for each other’s territorial integrity and sovereignty. in the rising trend of India’s South Asian neighbours trying to play the so-called “China card”. at some point. 2013 by admin Latin America has remained at the periphery of Indian political and economic strategy. India cannot remain oblivious to this trend. perhaps not even implicated. Indian anxieties on this score have been enhanced by China’s investment in strategic assets like the Gwadar Port in Pakistan. especially because it has grievously hurt at least one Indian core interest by enabling the nuclear weaponisation of Pakistan. and. Mutual non-aggression Equality and mutual benefit Peaceful co-existence Posted in Bilateral and regional co-operation | Leave a reply India’s economic relations with Latin America. having presented no significant challenges.iasmains.

economic exchanges.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS or cultural connections with India. with option for our companies to transfer up to 70. In May 2010. Indian Oil Corporation 3. Indian companies BPCL and Videocon in consortium acquired a 40 percent share in 10 offshore Brazilian blocks in September 2008. OVL acquired a 50 percent share in Mansarovar Energy Colombia Ltd (MECL) which operates a cluster of oilfields in central Colombia producing over 30. OVL has obtained four concessions. ONGC Videsh Ltd (OVL) signed a joint venture (JV) agreement with Venezuela’s state oil company PdVSA.iasmains.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 4/14 .5 percent) in a JV with PdVSA. along with Central America and the Caribbean (LAC). as per latest estimates of the OPEC. estimates of reserves rising every year. whose hydrocarbon reserves. Repsol and Petronas. In Brazil´s rich offshore basin.000 bpd to India. The South American continent. OVL’s overall investment till date in Colombia amounts to over $600 million. three Indian public sector companies acquired 18 percent (OVL 11 percent. particularly in the energy sector have been significant.000 bpd.000 barrels per day (bpd) by 2016. envisaging investment commitments exceeding $1 billion. acquiring a 40 percent share in the San Cristobal oil field.5 billion barrels exceed those of Saudi Arabia. In Venezuela. with probable. to exploit the gigantic Carabobo-I heavy oilfield with estimated reserves of 27 billion barrels in place. however. over a licence term of 25 years. The total Indian investment in Venezuela so far is about $3 billion and production from all fields is expected to cross 500. at 296. it acquired 50 percent and 100 percent respectively in two blocks in eastern Colombia. and their Exclusive Economic Zones (EEZ) are rich in oil and gas. www. in consortium with China’s Sinopec. and even proven. In Colombia. OVL acquired 40 percent and 50 percent shares in three offshore gas fields and in December 2008. In this century. extendable by a further 15 years. along with a 189-km pipeline. In September 2007.5 percent and Oil India Ltd 3.

Investment by OVL in Cuba till mid 2011 was over $70 million. Reliance Industries Limited was awarded two blocks off the Colombian Pacific coast. has also been granted concessions in Peru. www. In 2011 Reliance signed an MOU with T&T for a plant to make synthetic crude from hydrocarbon residue which will be used by Reliance in India to make bitumen. In Cuba. OVL acquired a 30 percent share. in consortium with Repsol and Petronas. Assam Oil. set up an office in Colombia in 2010. given the recent and foreseeable volatility in crude prices. reasonable rates. OVL entered into a production sharing contract with CUPET. in May 2006 in Cuba’s EEZ with estimated reserves in excess of four billion barrels.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS In December 2007. total crude purchases by India from Venezuela in 2010 amounted to $5. OVL has signed an MOU with ENARSA for possible oil exploration. Energy security earlier focussed on the possibility of concluding term contracts at fixed. Cuba is estimated to have between five billion and 20 billion barrels of oil reserves offshore. Gas Authority of India Ltd. In Argentina. the focus is on participation in exploration and exploitation. km. in seven deep water exploration blocks spread over almost 12.iasmains. Another Indian company. (GAIL) is actively negotiating a $1 billion investment with NGL for the supply of liquefied natural gas. OVL has secured billions of barrels of reserves which it can safely exploit over the next decades. a prospect that appears increasingly difficult now. In September 2006. In Trinidad and Tobago (T&T). accounting for over 40 percent of bilateral trade between India and Brazil over the past decade.167 billion. for two offshore blocks. while other state and private Indian companies are following its example. Reliance has been importing oil from Brazil from 2000 in exchange for supplying diesel. another Indian conglomerate. Jindal. Combined with a lesser volume purchased by Essar. while it has discovered gas in southern Bolivia.000 sq. where it is exploiting large iron ore deposits.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 5/14 . Cuba’s state oil company. Today. Reliance is understood to have acquired four hydrocarbon blocks in Peru.

joint ventures and even import of ethanol and biodiesel from Brazil. jatropha and other sources of alternative fuels offers exciting possibilities in the future. including transfer of technology. wind and nuclear energy (supply of uranium) is yet to come on the drawing board. The refusal to send back Massimiliano Latorre and Salvatore Girone — the Marines aboard the merchant ship Enrica Lexie accused of shooting and killing two fishermen off the Kerala coast after mistaking them for pirates — may win the new Italian government brownie points at home but is conduct unbecoming of a responsible nation. Although collaboration in solar. Latin America is also a rich source of coal. The considerable landmass available in Latin America for cultivation of sugarcane. Several private Indian companies are examining the economics of shipping coal to India and the assurance of supply has to be worked out before this sector can be added to hydrocarbons as an area of significant interest.iasmains. 2013 by admin The Hindu Story Italian government has reversed its order to not send its two marines involved in shooting and killing of two Indian fishermen in India’s maritime Contiguous zone that extends upto 24 nautical miles in sea. India has donated solar energy panels to a few LACs in the past years.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 6/14 . Background www. Posted in Bilateral and regional co-operation | 1 Reply Italian Fiasco – Italian Govt reverses its order Posted on March 13. are a reality. though there have been some shipments of thermal coal to India from Colombia.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS Economic prospects on other areas: Another dimension of India’s energy partnership with Latin America lies in alternative fuels.

they would certainly return again. and undertakings by the Italian envoy taking responsibility for their return. saying Italy could challenge India’s right to try the two men in the special court. The Court also went so far as to leave the jurisdiction question open. Indian court has jurisdiction on Enrica Lexie fiasco? Samir Saran and Samya Chatterjee have argued in their article “Who governs the high seas?” (June 26) that India is wrong in prosecuting the two Italian marines aboard the tanker Enrica Lexie for shooting two Indian fishermen. The fact that it did not press these issues in February is another embarrassment for the UPA. as according to it. the Supreme Court’s decision to allow the two accused men to leave India is also curious.iasmains. Italy has questioned India’s jurisdiction in the matter. on a promise by the Italian government that they would return to India to face trial. the incident took place in international waters. Permission was given on the basis of a Kerala High Court order that granted the Marines a two-week sojourn in Italy during Christmas. But having done that. in www. which stands exposed for allowing itself to be taken for a ride so easily by a foreign government.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS The duo were permitted by the Supreme Court to visit Italy to cast their votes in the February 22 national election. But the ruling’s “high seas” description of India’s Exclusive Economic Zone beyond the 12-nautical mile line that marks the formal extent of the maritime boundary was certainly favourable to the Italian side. Italy’s contention — which Saran and Chatterjee have echoed — is that Enrica Lexie was under its flag. While India-Italy ties will not be the same again.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 7/14 . The Supreme Court seems to have persuaded itself to believe that having returned once. it ordered a special court for the purpose. That was in itself a highly unusual decision. Hence. With all this. Those included execution of a Rs 6 crore bank guarantee. From day one. Accordingly. the Italians could hardly have claimed that the legal process was biased against them. as the High Court had done. only the Union government — and not Kerala — could investigate or try the case. The Supreme Court ruled in January that while India indeed had jurisdiction. it laid down none of the stringent conditions to ensure the Marines came back.

but about the question of who has the right to try the two Italian marines. This collapse can be clearly linked to illegal fishing in Somali waters by foreign fleets and the dumping of toxic wastes. which Saran and Chatterjee quote. This is the issue of Somali piracy and the danger of putting armed guards on board merchant vessels. Italy should try the two marines. The shooting of Indian fishermen was not a collision. the fishing vessel aboard which the two fishermen were killed.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS accordance with the U. As against this. Convention of Law of Seas (UNCLOS). The trial question In the Enrica Lexie imbroglio. To a great extent. The collapse of the Somalian state meant that it was no longer able to protect its waters. nor was it an incident arising out of navigation. India only needs to show that it also has jurisdiction. refers to a “collision or incident arising out of navigation” on the “high seas”. was an Indian vessel. India has jurisdiction. India’s position is that St. The Italian side — which Saran and Chatterjee endorse — has invoked UNCLOS to assert its jurisdiction.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 8/14 . What they overlook is the complaint of Somali fishermen that trigger-happy armed guards have been preventing them from fishing. In their view. the Italian marines were doing something laudable — controlling Somali piracy. the controversy is not about the facts of the case. Article 97 of UNCLOS. For the rest of the world. Anthony. and under Indian law and the Convention for the Suppression of Unlawful Acts of Violence Against the Safety of Maritime Navigation (SUA Convention). This is the other “piracy” to which the international community is turning a blind eye. It www. But while Italy needs to show exclusive jurisdiction.N. India and Italy are signatories to both these conventions. Saran and Chatterjee do not discuss a larger question that provides a context to this case.iasmains. the collapse gained importance only because the consequence — Somali piracy — threatens the trillion-dollar maritime industry. the present problem of piracy has its origins in the complete collapse of the fishing industry. the total annual illegal fishing losses worldwide is between $10 billion and $23. International piracy caused an estimated loss of about $7 billion in 2011 globally.5 billion.

iasmains. observed that: “What occurs on board a vessel on the high seas must be regarded as if it occurred on the territory of the State whose flag the ship flies. then we should leave it to the courts to decide on this claim. who writes a well-known legal blog Opinio Juris. At best it took place in India’s economic zone. A case similar to the Enrica Lexie one was previously adjudicated by the Permanent Court of International Justice in 1927. which under UNCLOS is not defined as “high seas”.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS also did not take place on the high seas. Holding against the French. Dennis Hollis. Anthony. In this case. inter alia. Even if UNCLOS were applicable. France adopted arguments similar to those used by Italy in the present matter. therefore. from regarding the offence as having been committed in its territory and prosecuting. the French crew was tried by the Turkish authorities. If we accept that Indian courts have jurisdiction over the matter. India has also claimed its jurisdiction under the SUA Convention.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 9/14 . www. the Lotus. on the high seas. Upon the French vessel’s arrival in Istanbul. the Boz-Kourt. This requires a legal examination of where the “incident” occurred — on the Enrica Lexie or on the St. What remains of Saran and Chatterjee’s argument is that the Italian marines are in the service of the Italian state and so have “sovereign immunity”. India can claim jurisdiction — an opinion also endorsed by a number of experts in international maritime law. killing eight of her crew and passengers. the question of which is the flag state under UNCLOS remains. and the conclusion must therefore be drawn that there is no rule of international law prohibiting the State to which the ship on which the effects of the offence have taken place belongs. writes that under Article 6 read with 3 of SUA. the same principles must be applied as if the territories of two different States were concerned. accordingly. a French steamer. the delinquent” (Emphases added). a guilty act committed on the high seas produces its effects on a vessel flying another flag or in foreign territory. If. the court. collided with a Turkish vessel. Italy is on thin ground here.

a sea baseline follows the low-water line. and use any resource. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world’s oceans. (Normally. However.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 10/14 . “Innocent passage” is defined by the www. a year after Guyana became the 60th state to sign the treaty. it is uncertain as to what extent the Convention codifies customary international law. The convention set the limit of various areas.[1] To date. has fringing islands or is highly unstable. 162 countries and the European Community have joined in the Convention. is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III). Vessels were given the right of innocent passage through any territorial waters. the coastal state is free to set laws. 14 miles) from the baseline. which took place from 1973 through 1982.) The areas are as follows: Internal waters Covers all water and waterways on the landward side of the baseline.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS UNCLOS: The United Nations Convention on the Law of the Sea (UNCLOS). regulate use. but when the coastline is deeply indented. with strategic straits allowing the passage of military craft as transit passage. and the management of marine natural resources. straight baselines may be used. however. the UN has no direct operational role in the implementation of the Convention. and use any resource. a role played by organizations such as the International Maritime Organization. regulate use. Foreign vessels have no right of passage within internal waters. measured from a carefully defined baseline. in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. also called the Law of the Sea Convention or the Law of the Sea treaty. While the Secretary General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention. There is. The coastal state is free to set laws. Territorial waters Out to 12 nautical miles (22 kilometres.iasmains. UNCLOS came into force in 1994. the environment. establishing guidelines for businesses. the International Whaling Commission. and the International Seabed Authority (the latter being established by the UN Convention).

Contiguous zone Beyond the 12 nautical mile limit. in order to take advantage of the third U. 1976 (the Maritime Zones Act. and spying are not “innocent”. The state has full sovereignty over these waters (like internal waters). good order or the security” of the coastal state. whether in 1950 or after the amendment of 1963) specifically refer to the “Contiguous Zone” of India. and was immediately followed by the adoption by Parliament of the Territorial Waters. polluting. or if this infringement is about to occur within the state’s territory or territorial waters. Conference on the Law of the Sea. if doing so is essential for the protection of its security. the contiguous zone. 1976. subject to these points being sufficiently close to one another.N. there is a further 12 nautical miles from the territorial sea baseline limit. Archipelagic waters The convention set the definition of Archipelagic States in Part IV.” This provision. which is not “prejudicial to the peace.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 11/14 . It is amazing to note that Article 297 does not (and did never in the past. weapons practice. if the infringement started within the state’s territory or territorial waters. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas. in which a state can continue to enforce laws in four specific areas: customs. as it stands today. was substituted by the 40th Amendment Act. taxation. Contiguous zone jurisdiction India’s legal claim to jurisdiction over its maritime zones flows from Article 297 of the Constitution of India. A baseline is drawn between the outermost points of the outermost islands. but to “other maritime zones.iasmains. immigration and pollution. Fishing. Exclusive Economic Zone and Other Maritime Zones Act. but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS convention as passing through waters in an expeditious and continuous manner. Continental Shelf. This makes the contiguous zone a hot pursuit area. and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. for www. which also defines how the state can draw its territorial borders. All waters inside this baseline are designated Archipelagic Waters.

customs and other fiscal matters. quite interestingly. sanitation. particularly to issues of state jurisdiction in diverse maritime zones. However. www. any enactment for the time being in force in India or any part thereof to the exclusive economic zone or any part thereof.” This omnibus clause obviously empowers the government to extend criminal jurisdiction to EEZ. by notification in the official Gazette.(a) extend.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 12/14 . However.(a) the security of India. and (b) immigration. Needless to say.” It also empowers the government to extend to the Contiguous Zone any law in respect of (a) and (b).” and the limit of such zone is 200 nautical miles. This was probably encouraged by the development of new concepts like the EEZ and overwhelming state practice in favour of a 12 nautical mile (NM) territorial sea. This certainly resulted in a heavy revenue loss to the Central Government). at least for the reason that with increasing economic and mining activities in EEZ. Section 7 of the Act establishes the Exclusive Economic Zone of India as “an area beyond and adjacent to the territorial waters. with such restrictions and modifications as it thinks fit. Commissioner Commercial Taxes (in which the Gujarat High Court found in 2011 that the Central Sales Tax Act had not been extended to the Continental Shelf and that therefore Larson and Toubro were not liable to pay tax on goods dispatched to the Bombay High. There is evidently no reference to extension of coastal criminal jurisdiction to the Contiguous Zone. in other words encompassing the Contiguous Zone. application of various laws into the coastal zones (other than the Territorial Waters) is still found wanting as highlighted by the case ofLarson and Toubro v. Section 5 of the Maritime Zones Act establishes a 24 NM Contiguous Zone of India and empowers the Central Government to “exercise such powers and take such measures in or in relation to the contiguous zone as it may consider necessary with respect to. the 1982 Convention on the Law of the Sea stands out for its functionalist approach to law of the sea issues. and (b) make such provisions as it may consider necessary for facilitation of the enforcement of such enactment.iasmains.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS short). the Section further provides that “the Central Government may. there is bound to be scope for criminal jurisdiction.. In the result.. and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to which it has been extended is a part of the territory of India.

Foreign nations have the freedom of navigation and overflight. 230 miles) from the baseline. the coastal nation has sole exploitation rights over all natural resources. The EEZs were introduced to halt the increasingly heated clashes over fishing rights.iasmains. it may never exceed 350 nautical miles (650 kilometres. or 200 nautical miles from the coastal state’s baseline. or sets of rules. Coastal states also have exclusive control over living resources “attached” to the continental shelf. A state’s continental shelf may exceed 200 nautical miles until the natural prolongation ends. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS Exclusive economic zones (EEZs) These extend from the edge of the territorial sea out to 200 nautical miles (370 kilometres. and by 1970 it was technically feasible to operate in waters 4000 metres deep. codes and conventions that have been created to regulate the activities of private. subject to the regulation of the coastal states. 400 miles) from the baseline. the term may include the territorial sea and even the continental shelf.500 meter isobath (the line connecting the depth of 2. whichever is greater. laws.500 meters). Within this area. Continental shelf The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 13/14 . One of the best known International Maritime Regimes is the United Nations Convention on the Law of the Sea. In casual use. although oil was also becoming important. Foreign states may also lay submarine pipes and cables. or it may never exceed 100 nautical miles (190 kilometres. to the exclusion of others. or UNCLOS. www. but not to creatures living in the water column beyond the exclusive economic zone. However. 120 miles) beyond the 2. commercial and military users of our seas and oceans. Maritime Security Regimes are codes and conventions of behavior agreed upon by coastal states to provide a degree of security within territorial waters and on the high seas. While UNCLOS is only one of many regimes.

including UNCLOS. Horn of Africa region. have been created through the United Nations International Maritime Organisation (IMO) in consultation with its member states.9/27/13 IAS Syllabus | Bilateral and regional co-operation notes | IAS MAINS it provides the legal framework for further maritime security cooperation. Most maritime regimes.iasmains. Posted in Bilateral and regional co-operation.in/study_material/topics/general_studies_ii/bilateral_and_regional_co-operation 14/14 . The United States has not yet ratified UNCLOS (see United States non-ratification of the UNCLOS) but it does adhere to its conventions. General Studies II | Leave a reply www. prevention of pollution and environmental protection. CSI. ISPS Code and counter-piracy agreements to address piracy against commercial shipping in the Gulf of Aden. including PSI. and refer to navigation. and has been the driving force behind other maritime security initiatives. resource allocation and ownership.