Delhi supports PCA mandate to resolve disputes: Shringla

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Written by Shubhajit roy
| New Delhi |

Nov. 22, 2020, 4:53 a.m.


Foreign Minister Harsh Vardhan Shringla

In a veiled reference to China’s failure to comply with the Permanent Court of Arbitration (PCA) order on the South China Sea, India said on Saturday that New Delhi supports the PCA’s mandate to resolve the issues. international disputes and that respect for international law was at the heart of Indian diplomacy.

At the Third Permanent Court of Arbitration (PCA) -India Conference, Foreign Secretary Harsh Vardhan Shringla said on Saturday: “As a staunch supporter of a peaceful international legal order based on rules, it is not surprising that India supports the PCA and its mandate to resolve international disputes. Respect for international law is at the heart of our diplomacy and, indeed, of our worldview.

On January 22, 2013, the Philippines initiated arbitration proceedings against China in the PCA under Annex VII of the United Nations Conventions on the Law of the Sea (UNCLOS). After more than three years of deliberation, the court delivered its judgment on July 12, 2016 in favor of the Philippines, which China refused to comply with.

India has always advocated freedom of navigation in the South China Sea.

Shringla said: “On numerous occasions India has benefited and continues to avail itself of PCA services and can perhaps be considered one of the largest users of PCA services. India has sought to resolve some disputes with its neighbors through arbitration, conciliation and expert determination, has resolved international disputes with states, and has enlisted the services of the PCA in this regard. “

As examples, he cited the Kishenganga arbitration with Pakistan under the Indus Water Treaty; the delimitation of the maritime border with Bangladesh; and the case of the Italian Marines.

Shringla also said that India has used the services of the PCA to manage investment treaty affairs. India’s new model of the Bilateral Investment Treaty (BIT) has the Secretary General of the PCA as the appointing authority (for arbitration under the BIT) and the PCA as the preferred institution for the arbitration.

He said India was determined to support the dispute resolution industry and encourage the development of the subcontinent as a global hub for international arbitration.

“We have proactively reviewed and modernized our arbitration legislation reflecting international best practices to ensure that our laws remain up to date and meet the needs of arbitration users. This is part of the process of making our systems more compatible with international best practices, in line with the needs of a globalizing Indian economy, ”he said.

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