Sarabjeet Singh Parmar replies: China has been allotted contracts for exploration only in two areas by the International Seabed Authority (ISA) for a period of 15 years, and therefore, it cannot form the basis of Chinese assertiveness:
- In the Clarion-Clipperton Fracture Zone (Pacific Ocean) till May 21, 2016, for exploration for polymetallic nodules.
- In the South West Indian Ocean Ridge till November 17, 2026, for exploration for polymetallic sulphides.
The assertiveness shown by China in the South China Sea is due to its sovereignty claims on the islands of the Paracel and Spratly group. In the Indian Ocean, China could be viewed as expanding its maritime footprint and presence rather than being assertive.
South China Sea Arbitration: An Analysis
Considering China’s non-appearance, the tribunal must proprio motu take judicial notice of all relevant facts, data, case precedents and public statements not communicated to it, and must apply its ‘arbitral wisdom’ based on international law.