• ILAPB

INDIA-CHINA-NEPAL BORDER DISPUTE: A FATEFUL TRIANGLE

- Moh. Zaid



INTRODUCTION


Nowadays, the whole world faces a substantial crisis due to pandemic of COVID 19, and India is one of the horribly affected countries due to this pandemic, and over thousands of active cases of COVID 19 are registered in India. Before getting out of this catastrophe, India has got into a fateful triangle of the border dispute with China and Nepal. Both these territorial disputes are longevous one. The India-China border crop-up from the Himalayan region around the 1960s and we all perceived that because of this controversy there was a war fought in between these two nations in 1962 know as Sino-Indian war, the war ended when an in effect periphery was drawn up between these two nations known as Line of Actual Control (LAC), but this was not the culmination of issue, even today this remains ongoing and due to which both the countries confront outwit effect both in terms of life, economy and other also. Similarly, the Nepal India border dispute which commences in the 1990s persists to continue till today. As we Heard that sometimes other country soldiers enter in our country's land, so the questions jump up that what are these dispute?, What is the effect of these disputes?, How these disputes become solve? Etc. We glimpse the answer to these questions in this article.


INDIA-CHINA BORDER DISPUTE


Boundaries are like national identity and every country shares its border with its neighbouring countries. For a peaceful environment and betterment of the country, it is incumbent of the country to resolve the territorial disputes. China has been cognate with more than 20 countries by its border. China has disputes with almost all 20 countries and India is one of them[1]. The India-China foremost dispute is on two-sector western and eastern. The dispute of the western sector starts from Johon line and goes to the Kunlun Mountains from where Aksai Chin also belongs, in the J&K State. After the independence of India in 1947, India considers its inheritant right over the western sector which the British have Frame. First, China did not pay heed to this matter, But straight away in the 1950s China repudiate the right of India over the Johon line, and this is where the velitation appears in the Western Sector. The Eastern Sector dispute, on the other hand, is about the McMahon line.


At the time of India’s independence, the McMahon Line was the border of India and Tibet, but when China invades Tibet, and then McMahon line took part in India and China. The dispute arose when China makes the first move of calling McMahon line an illegal and colonial one. On the other hand, India has called this line a legal international Boundary[2]. In the beginning, the territorial dispute was tried to be settled by discussion for the same in 1951 a treaty was instigated & signed. Originally China gave it consent on that treaty but, then China rejects to follow the treaty. In 1962 a war erupted between these two nations, the Chines soldier set foot on India in Ladakh & Arunachal Pradesh then after, the manifestation of Line of Actual Control(LAC) war becomes terminated, but that was not the conclusion of the dispute. Chine forces many times blitz in India. Recently, 20 Indian soldiers lost their lives when both countries’ soldiers grapple in Gallwan valley[3]. Due to which the Strain has increased in both countries. As both nations are Nuclear power and having the largest population so there been a peril of war. So, it indispensable to sort out the dispute.


INDIA-NEPAL BORDER DISPUTE


Nepal was an independent country since the time-honoured. In primeval, the border of Nepal was considered from Tista River to Langada fort from east to west. In the course of time, the Nepal territory become shorter, Nepal's International border is now reduced to Satalej in the western region was as existing Bangladesh in the east. This is where the wrangle begins. A treaty of Sugual was signed in 1817 to resolve the border disputes but later on, it becomes clear that Nepal doesn’t agree with the treaty because the position of the Kali river was altered in the map, shown by the British. That changed in location born a new dispute between Nepal and India.


After that, a treaty was signed in the 1950s, known as Peace and friendship, according to which both countries agreed on anopen border with the well-spotted border. Open border means the movement of people across the border without any hindrance, despite being the border checkpoints border security force, people can easily visit and cross the border, leading to trading and social relations between the two countries can be better. After so many years, the open border of India-Nepal still lingering and thus the open border makes the relationship of these two countries noteworthy[4]. The first issue is about the passport because the passport is not required to cross the Indo-Nepal border, except in Air travels. There are some restricted places in India in the Himalayan region, where no non-Indian are allow visiting, so it is a pivotal issue for national security. May be Security force resolve this issue by not allowing the people to cross the border without proper documentation, if they didn’t do anything for this, matter runs long.


Trouble arose when India closed 22 border crossings and 15 transit points for Nepal unilaterally in 1989. By reason of border blockade, the relationship between these two countries soured. The second blockade come up in 2015, then after border centric relationship of India-Nepal further disrupted. The pre-eminent bitterness starts in 2019 when India draws a new map, in which they show Kalapani as a portion of the Indian state of Uttarakhand. In against of the map released by India, in Kathmandu Nepal's citizen starts fulminating and create fracas in Nepal. Presently, another controversy occurred when India inaugurates its new long road. Nepal claims that it pass through their territory. Shortly after this issue, Nepal released its new map according to which Kalapani present in Uttarakhand are in Nepal territory and the parliament of Nepal approved the map on June 10, 2020. This issue effect relationship of both countries[5].


EFFECTS OF THE BORDER DISPUTE


Dispute of any location, whether it is the border or territorial, it is foreseen that it may convert into militarized fiction and result in economical disintegration, ravage the trades across the border, dispute triggers the trauma on the society also. It has been already discussed that India- China and India-Nepal boundaries disputes are very age-old and these countries are sovereign, independent and powerful, so the impact of border dispute of these countries are baneful that’s why it is a fateful triangle of the border dispute.


Some of the effects of the border dispute are as follows.-


Economical effect of the border dispute-

Whatever disputes take place between the nations, it is about integral areas, these vital areas are directly and indirectly connected International production network and part of the supply chain because currently it is very popular that a county serves as the production hub of parts of the particular product and other county serve as an assembly hub for making the final finished product. As in the case of India and China, China plays as the production hub of various goods, similarly in the case of Nepal India, India servers as an assembly hub and vice-versa. This relation and supply chain shatter by even a fraction of border dispute and generate a global impact. Break of the supply chain leads to a price hike of various products, mass unemployment, trading effect and this ultimately restrict the development of the nation. It has been seen various times that there is some relationship between the border dispute and military conflict. Border disputes maybe convert into a military clash. The ultimate means of military clash is war and which havoc human life and economy.

Economical costs of war can be classified in the following points-


Human cost- It means the immediate cost associated with the loss of life due to military clash or war and the cost of the destruction of society. It includes causality expenditures of human during wartime. Wreckage of society can be caused by diverse ways like less production of goods, restricted services, reduced government expenditure over health etc. The human costs any direct and indirect effect on household due to war.


Development Costs- War sabotagethe economical growth of the nation. Development costs hereby imply that the cost of ravage on economical growth and strand of living during the time of war. The affecting facets of the country's economy are-the demolition of properties, loss of livelihood, insufficient trading etc. At the time of war, the military required high financial and additional support by both government and private sector, which leads trauma of the country’s local demand and supply pattern and deplete in government facilities, ultimately promote the economical demolition.


HOW TO SOLVE THE BORDER DISPUTE?


The way to unravel each dispute is distinct because the tangible content of every dispute is unique. So India-china-Nepal border dispute can be figured out by the following ways:

International law is the most fundamental rule to alleviate territorial disputes, so it is important that territorial disputes should be cracked through the various principles in the eyes of International law.


Article 33 of the UN charter tells that “the parties to any dispute, the continuance of Which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial the settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”[6]International law is the primary criteria no matter whatever method may be used to settle the dispute.


Another door of solving territorial disputes is through treaty. Treaty provides a derivative acquisition of a state over territory to another state. If the land is not in the management of any State then for accumulating that land, the state should occupy autonomy over such land and if the state is victorious to do so, then the state has hegemony over it, known as effective control. There is another option accessible for State parties to alleviate their disputes. In which parties agree to resolve the issue politically and put their legal argument aside.


Case: legal status of eastern Greenland case (1933)[7]-

The PCIJ referred to a statement made by the Norwegian Foreign Minister in a conversation with his Danish counterpart. He said, “The Norwegian government would not make any difficulties in the settlement of the question.” The settlement meant that Denmark would raise no objection to Norway’s claims upon Spitsbergen and that Norway would not object to the Danish expansion of control over the whole of Greenland. The Court determined that Denmark had a valid title to Eastern Greenland.


CONCLUSION


On the basis of activities remarked in this article, this is a summation. As I communicated above, this age-old the India-China-Nepal border dispute is more political by the nature and breakthrough of this disputes still unachievable yet and this demonstrates the indispensability of our political leadership. As we have already discussed numerous speculative effects of this conflict, which inflicts loss of life and property in a tremendous amount that’s why it is a fateful issue. But if our leaders want and show some endeavor, this issue can be untangled and for this International Law is a very good arena and set a frame of reference through which this dispute can be figure out. However, it is also factual that International law alone is not enough to settle this dispute, so some other alternatives functional along with international law, like-

Bilateral discussion, International arbitration, Treaty or Political discussion.

If our leaders still powerless to untangle this India-China-Nepal border dispute then it comes to be more fatal.

[1]. Commodore katherin Richards, china-India: An analysis of the Himalayan territorial dispute, INDO-PACIFIC STRATEGIC PAPERS (February, 2015), https://www.defence.gov.au/ADC/Publications/IndoPac/Richards%2520final%2520IPSD%2520paper.pdf&ved1594109451186 . [2]. Mihir Bhonsali, Understanding Sino-Indian Border Issue: An analysis of Incidents Reported in the Indian Media, OBSERVER RESEARCH FOUNDATION ( February, 2018), https://www.orfonline.org/wpcontent/uploads/2018/02/ORF_Occasional_Paper_143_IndiaChina.pdf&ved=2ahUKEwifgt7J27rqAhVGX30KHcv-A3IQFjABegQIAxAJ&usg=AOvVaw1c7vKZr8WiJDunqaKrmQOk. [3]. Russell Goldman, India-China Border Dispute: a Conflict Explained, THE NEW WORK TIMES (29 June, 2020), https://www.nytimes.com/2020/06/17/world/asia/india-china-borderclashes.amp.html&ved=2ahUKEwi8r7Kx4LrqAhXC73MBHd9vDPcQFjAKegQIARAB&usg=AOvVaw0tImKrE0tOBvDafPE4aPzw&ampcf=1. [4]. Sohini Nayak, India and Nepal's border dispute: An explainer, OBSERVER RESEARCH FOUNDATION (29 April 2020), https://www.google.com/amp/s/www.orfonline.org/research/india-and-nepals-kalapani-border-dispute-an-explainer-65354/ [5]. Nepal-India border issue figured during Nepal community Party's high level meeting, INDIA TODAY (29 June, 2020, 9:20 IST ), https://www.indiatoday.in/amp/india/story/nepal-india-border-issue-figured-nepal-communist-party-high-level-meeting-1694750-2020-06-28 [6]. Masataka Okano, How to deal with border issue: A diplomat-practitioner's perspective, SALVIC RESEARCH CENTER ( 31 May, 2010 ), http://srch.slav.hokudai.ac.jp/publictn/eurasia_border_review/no1/04_Okano.pdf&ved=2ahUKEwitwKbT8LrqAhXfILcAHWzhCIgQFjAAegQIBBAC&usg=AOvVaw2E6H9hTLwjJHvHcwBg997v&cshid=1594116001632. [7]. (1933) P.C.I.J., Ser. A/B, No. 53.

INDIA LAW AND POLICY BLOG

  • LinkedIn
  • Instagram

© 2020 INDIA LAW AND POLICY BLOG. All Rights Reserved.