Disputed Territories — UPSC Mapping Reference

Disputed territories appear consistently in UPSC GS2 (international relations, India's neighbourhood, Indo-Pacific, multilateral forums) and occasionally GS1 (physical geography of contested regions). Understanding the legal basis (UNCLOS, ICJ, bilateral treaties), the parties involved, and India's stated position is essential for both Prelims MCQs and Mains analytical answers.

1. South China Sea

The South China Sea (SCS) is a semi-enclosed sea of the Pacific Ocean, bounded by China, Vietnam, Philippines, Malaysia, Brunei, and Indonesia. It is one of the world's most important waterways — approximately one-third of global shipping ($3 trillion annually) passes through it.

Claimants and Basis

Key Legal and Strategic Facts

The 2016 PCA ruling (Philippines v. China) was issued by an Annex VII UNCLOS arbitral tribunal (not directly by ITLOS), though administered through the Permanent Court of Arbitration. The tribunal ruled unanimously that China's nine-dash line historic rights claims have no legal basis under UNCLOS, and that China's construction activities at Mischief Reef (a low-tide elevation within Philippines' EEZ) violated Philippines' sovereign rights. China rejected the ruling as "null and void."

China has constructed and militarised artificial islands on reefs in the Spratlys — building airstrips, radar installations, and missile batteries. The USA, Australia, France, India, and others conduct Freedom of Navigation Operations (FONOPS) to contest China's excessive maritime claims.

The Quad (India, USA, Australia, Japan) consistently emphasises a rules-based order in the Indo-Pacific, with SCS central to this framework.

2. Taiwan Strait

3. India's Border Disputes

India has active boundary disputes on both its western and eastern fronts, involving Pakistan and China.

4. Other Major Disputed Territories

5. Arctic Disputes

The Arctic is an ocean (Arctic Ocean) surrounded by land — unlike Antarctica (a continent surrounded by ocean). Five Arctic coastal states (A5) — Canada, Russia, USA (Alaska), Norway, Denmark/Greenland — have overlapping claims to the extended continental shelf beyond 200 NM.

6. UNCLOS and Maritime Zones

UNCLOS (United Nations Convention on the Law of the Sea) was signed in 1982 at Montego Bay, Jamaica, and entered into force on November 16, 1994. It is sometimes called the "Constitution of the Oceans." USA has signed but not ratified UNCLOS.

Exam Strategy

Disputed territories are tested as:

• Prelims: "With reference to the South China Sea dispute, which of the following statements is/are correct?" or "The Permanent Court of Arbitration (PCA) ruling of 2016 was related to which dispute?" or "Consider the following — Siachen Glacier / Aksai Chin / Doklam — which involves a three-way dispute?"
• Mains GS2: "India's border dispute with China is not merely a bilateral issue but has multilateral dimensions. Discuss." or "Analyse the South China Sea dispute from the perspective of UNCLOS and its implications for India."
• Mains GS2: "The Arctic is emerging as a new geopolitical arena. Examine India's Arctic Policy 2022 in this context."

Key precision points:

• PCA 2016 ruling = Philippines v. China; under UNCLOS Annex VII (not ITLOS directly).
• Siachen = world's highest battlefield; India controls it since April 1984 (Operation Meghdoot).
• Galwan Valley = June 15, 2020; PP14; 20 Indian soldiers killed.
• Doklam = Bhutan-China-India tri-junction; India intervened in defence of Bhutan's claim.
• Nagorno-Karabakh = Azerbaijan controls fully since September 2023; Artsakh dissolved January 2024.
• Kosovo = ~110+ UN members recognise it; India does NOT recognise Kosovo.
• UNCLOS zones: Territorial Sea 12 NM, Contiguous Zone 24 NM, EEZ 200 NM, Continental Shelf up to 350 NM.

Previous Year Questions

Prelims:

1. The 2016 verdict of the Permanent Court of Arbitration (PCA) on the South China Sea was related to a case filed by:
   (a) Vietnam
   (b) Philippines
   (c) Malaysia
   (d) Brunei
   Answer: (b) — Philippines filed the UNCLOS Annex VII arbitration in 2013; PCA ruled in July 2016 that China's nine-dash line has no legal basis.

2. With reference to the Line of Actual Control (LAC) between India and China, consider the following statements:
   

   1. The western sector of the LAC runs along Ladakh and includes the Galwan Valley.
      
   2. The McMahon Line defines the LAC in the middle sector (Himachal Pradesh and Uttarakhand).
      
   3. The eastern sector of the LAC is coterminous with the McMahon Line separating Arunachal Pradesh from China.
      Which of the statements given above is/are correct?
      (a) 1 only
      (b) 1 and 3 only
      (c) 2 and 3 only
      (d) 1, 2 and 3
      Answer: (b) — McMahon Line defines the eastern sector LAC (Arunachal), not the middle sector; statements 1 and 3 are correct.

3. With reference to India's Arctic Policy 2022, which of the following statements is/are correct?
   

   1. India's Arctic Policy was released by the Ministry of External Affairs.
      
   2. India has observer status in the Arctic Council since 2013.
      
   3. India's research station Himadri is located at Ny-Ålesund, Svalbard, Norway.
      (a) 1 and 2 only
      (b) 2 only
      (c) 2 and 3 only
      (d) 1, 2 and 3
      Answer: (c) — India's Arctic Policy was released by the Ministry of Earth Sciences (not MEA); statements 2 and 3 on Arctic Council and Himadri are correct.

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