On October 23, 2021, the Standing Committee of the National People’s Congress, the highest legislative body of the People’s Republic of China passed the Land Boundary Law along adding to its new Maritime Law as well as China Coast Guard Law passed earlier in 2021, which shows China’s intention in pursuing an aggressive policy on its territorial claims. The land boundary law came into effect on January 1, 2022. The law is likely motivated partially by the possible implications over developments in Afghanistan that could potentially have a destabilising effect in Xinjiang, growing violence in Myanmar-China border but more by the India-China geopolitical tussle. The timing of the law is clearly related to the escalating border tensions with India and in the South China Sea. India and China have been engaged in border stand-off since May 2020.[i] Closer scrutiny of this law, consisting of 62 articles in seven chapters, indicates that China is stepping up its aggressive tone when it comes to border disputes, demonstrated by its rhetoric that China will “resolutely defend territorial sovereignty and land border security.”[ii] It states that the main aim of the law is to “standardise and strengthen the security and stability of land borders” and “safeguard national sovereignty, security and territorial integrity.”[iii] In other words, Beijing will take all measures to safeguard its interests within its specified borders by any means be it military or economic. The law effectively uses a civil-military fusion strategy emphasising improvement of public services and infrastructure along the borders as also incorporating the local population in territorial defence. The law prohibits any party from engaging in any border activities which would “endanger national security or affect China’s friendly relations with neighbouring countries”.[iv]
Zhang Yesui, a spokesperson for the National People’s Congress stated that the law became necessary to safeguard China’s interests at the border and to regulate national borders, border defence management, and international cooperation in border affairs.[v] This law has serious implications for all 14 countries sharing borders with China. By incorporating the sovereignty claim over disputed territories China has effectively legitimised the use of force along its 22,4577 kilometres of borders as of January 01, 2022. Even though China has guaranteed that these laws aren’t meant to dislodge any international laws and treaties, it is evident that China is adopting aggressive policies to attain its goals.
The new law has serious implications for India. Firstly, since the 1962 war, the Line of Actual Control (LAC) is the de facto border between India and China, and both countries have different interpretations of the LAC over at least 13 different locations.[vi] Article 4 of the law states China’s sovereignty and territorial integrity as sacred and inviolable and applies this dictum to the disputed territories.[vii] Thus this law makes the earlier agreement of Peace and Tranquillity along the disputed Sino-India border almost irrelevant. Secondly, the law forbids any form of construction of facilities “near” China’s border. This is elucidated in Article 10 deals with border defence construction including its river waters management under the term flood control. These issues are deliberately kept vague, and they could interfere with any form of construction on the border. This could again become contentious as both the countries are engaged in an “infrastructure arms race” on their sides of the border. Thirdly, the new law has made a special mention of the role of civilians concerning the development of villages and towns in the borderlands. The law reflects China’s intention to increase civilian settlements bordering India, Nepal, and Bhutan.[viii] This move goes in tandem with China’s agenda of “developing the border regions, enriching the local people” introduced in 1999 and is seen as a strategy to legitimise its territorial claims.[ix]
The law has a problematic stance with international law, as Beijing is circumventing these by enacting domestic laws to give it legal backing for its unlawful actions. It shows that international law is ineffective against powerful states. The new law goes against the ethos of the Vienna Convention on Law of Treaties of 1969 (VCLT), which is an instrument that regulates the treaties between states. It establishes internationally recognised norms of behaviour by states in crisis or conflict situations. It is important to note that under the general principles of international law, unilateral declarations do tend to have a legal character of their own as explained under the Law of Treaties. It is imperative that such unilateral declarations must not affect the rights of other states and must go through two different stages to be considered legally acceptable. Firstly, there should be a unilateral statement by an actor and secondly, the said statement must either be accepted by the party/parties concerned or must go unchallenged. In this case, several parties have issues with China’s new land border law.[x]
As Beijing’s ‘Land border law’ came into effect on January 1st, the PLA released a propaganda video showing the Chinese flag and soldiers in the Galwan valley, with a banner reading ‘never yield an inch of land’. Earlier China released a statement renaming 15 places in India’s border state of Arunachal Pradesh. Chinese maps have consistently shown the entire state of Arunachal Pradesh, Barahoti plains in Uttarakhand, and areas up to the 1959 claim line in Ladakh as its territory.[xi] China will use the new law to claim these areas as its sovereign territory thus deeming it non-negotiable. It is playing realpolitik to increase pressure on India by escalating the friction points.[xii] The current situation at the India-China border has the potential to spiral out of control, as both sides are deploying heavy armaments and forces on the border, and in essence, the new law makes the border dispute a ticking time-bomb with far-reaching consequences for the world.
[i] Philip, Snehesh Alex. “Chinese Troops Challenge India at Multiple Locations in Eastern Ladakh, Standoff Continues.” ThePrint, 24 May 2020, https://theprint.in/defence/chinese-troops-challenge-india-at-multiple-locations-in-eastern-ladakh-standoff-continues/428304/.
[ii] Wei, Changhao. “NPCSC Adopts New Laws on Family Education and Land Borders, Amends Audit Law & Authorizes New Regulatory and Military Reforms.” NPC Observer, 18 Nov. 2021,https://npcobserver.com/2021/10/26/npcsc-adopts-new-laws-on-family-education-and-land-borders-amends-audit-law-authorizes-new-regulatory-and-military-reforms/.
[iii] Panag , Lt Gen H S. “China’s Land Border Law Is More Sinister than It Lets on. India Needs a Course Correction.” ThePrint, 11 Nov. 2021, https://theprint.in/opinion/chinas-land-border-law-is-more-sinister-than-it-lets-on-india-needs-a-course-correction/764463/.
[iv] 13th National People’s Congress. “Land Border Law of the People’s Republic of China.” The National People’s Congress of the People’s Republic of China, 23 Oct. 2021, http://www.npc.gov.cn/npc/c30834/202110/5a3d27747cc542f8bcde9030a83218e2.shtml.
[v] Huang, Kristin. “What ‘New Challenges’ Does China’s New Border Defence Law Aim to Tackle?” South China Morning Post, 31 Oct. 2021, https://www.scmp.com/news/china/diplomacy/article/3154139/what-new-challenges-does-chinas-new-border-defence-law-aim.
[vi] Fravel, Taylor M. “Analysis | Why Are China and India Skirmishing at Their Border? Here’s 4 Things to Know.” The Washington Post, WP Company, 2 June 2020, https://www.washingtonpost.com/politics/2020/06/02/why-are-china-india-skirmishing-their-border-heres-4-things-know/.
[vii] Kalita, Jayanta. “China’s New Border Law Could Further Complicate Boundary Disputes”, The Irrawaddy, November 22, 2021. https://www.irrawaddy.com/opinion/guest-column/chinas-new-border-law-could-further-complicate-boundary-disputes.html
[viii] Pasricha, Anjana. “Chinese Border Villages in Disputed Territory Put India on Alert.” VOA, 2 Apr. 2021, https://www.voanews.com/a/east-asia-pacific_voa-news-china_chinese-border-villages-disputed-territory-put-india-alert/6204062.html.
[ix] Jianqiang, Yang. “Deputy Director of the National Ethnic Affairs Commission, Answered Questions from the Chinese Government Website on the ‘Eleventh Five-Year Plan’ for the Action to Promote Frontiers and Enrich the People.” Central Government Portal, 18 June 2007, http://www.gov.cn/zwhd/2007-06/18/content_652065.htm.
[x] Pandey, Utkarsh. “The India-China Border Question: An Analysis of International Law and State Practices.” ORF, 23 Dec. 2020, https://www.orfonline.org/research/the-india-china-border-question/.
[xi] “China’s new border laws implemented under Galwan video: All you need to know about the legislation and why is it a concern for India.” Firstpost, January 03, 2022. https://www.firstpost.com/india/chinas-new-border-laws-implemented-amid-galwan-video-all-you-need-to-know-about-the-legislation-and-why-is-it-a-concern-for-india-10253481.html
[xii] Siddiqui, Huma. “China continues its belligerence, renamed 15 places in Arunachal: India should expect more such actions, say experts”, Financial Express, December 31, 2021. https://www.financialexpress.com/defence/china-continues-its-belligerence-renamed-15-places-in-arunachal-india-should-expect-more-such-actions-say-experts/2395218/
Feature Image Credi: Global Times
Map Credit: jagranjosh.com
