Content

• India–UK–Mauritius Chagos Deal & Diego Garcia: Strategic, Legal and Maritime Implications
• International Law is Not Dead”: Resilience Amid Geopolitical Turbulence

India–UK–Mauritius Chagos Deal & Diego Garcia: Strategic, Legal and Maritime Implications

Why in News?

Sovereignty Transfer with Strategic Continuity

• Recently United Kingdom agreed to transfer sovereignty of the Chagos Archipelago to Mauritius, while retaining operational control of Diego Garcia under a proposed 99-year lease arrangement.
• The agreement follows the 2019 International Court of Justice (ICJ) advisory opinion, which held that the UK’s separation of Chagos in 1965 violated international law and decolonisation principles.
• India publicly supported the UK–Mauritius understanding, aligning with its long-standing position supporting decolonisation, territorial integrity, and Global South solidarity.

Relevance

GS Paper II – International Relations

• Decolonisation and territorial integrity (ICJ advisory opinion 2019).
• India’s position on sovereignty and Global South solidarity.
• Maritime diplomacy with:
  • Mauritius
  • United Kingdom
  • Strategic implications involving United States
• Strategic autonomy amid US–China rivalry.

Practice Question

• “The Chagos sovereignty transfer reflects the intersection of decolonisation principles and geopolitical pragmatism.” Discuss in the context of India’s foreign policy.(250 Words)

Geostrategic Significance of Diego Garcia

Military and Geographical Importance

• Diego Garcia, located roughly 3,500 km from India’s southern coast, hosts a strategic US–UK joint military base operational since the 1970s.
• The base played crucial roles in the 1991 Gulf War, 2001 Afghanistan intervention, and 2003 Iraq War, serving as a logistics and bomber deployment hub.
• Its central Indian Ocean location enables surveillance across sea lanes linking the Strait of Hormuz, Bab el-Mandeb, and Malacca Strait.

Power Projection and Logistics

• Diego Garcia supports long-range bombers, naval vessels, and pre-positioned military supplies, enhancing rapid deployment capabilities across West Asia and the Indo-Pacific.
• It strengthens maritime domain awareness in the western Indian Ocean, a region witnessing increasing naval competition.

Indian Ocean Strategic Context

Sea Lanes and Energy Security

• Nearly 80% of India’s crude oil imports transit through Indian Ocean sea lanes, making maritime security central to national energy resilience.
• The Indian Ocean carries almost one-third of global bulk cargo traffic and two-thirds of global oil shipments, underscoring systemic economic importance.
• Stability in the Indian Ocean is vital for India’s aspiration of becoming a USD 5 trillion-plus economy and global trade hub.

Economic Connectivity and Trade

• India’s major ports and trade corridors depend on uninterrupted maritime flows linking West Asia, Africa, and Southeast Asia.
• Any disruption in western Indian Ocean chokepoints would directly affect India’s trade balance and inflation dynamics.

China’s Expanding Maritime Footprint

Strategic Competition in the IOR

• China established its first overseas military base in Djibouti (2017) and developed dual-use port infrastructure at Gwadar (Pakistan).
• Through the Belt and Road Initiative (BRI), China financed ports in Sri Lanka, Pakistan, and East Africa, reinforcing the “string of pearls” narrative.
• A strategic vacuum in Chagos could have expanded China’s influence in the western Indian Ocean, altering the regional balance of power.

Maritime Encirclement Concerns

• Chinese naval deployments in the Indian Ocean have increased in frequency, including submarine patrols and anti-piracy missions.
• Strategic competition in the region increasingly intersects with India’s security perimeter and extended maritime neighbourhood.

India–Mauritius Strategic Partnership

Historical and Cultural Foundations

• Mauritius has nearly 70% population of Indian origin, forming the bedrock of strong cultural, political, and diplomatic ties.
• India has consistently supported Mauritius’ sovereignty claims in multilateral forums, including the UN.

Defence and Security Cooperation

• India assisted Mauritius in establishing a Coastal Surveillance Radar System, strengthening maritime domain awareness.
• Cooperation extends to hydrographic surveys, capacity building, defence training, and joint exercises under long-standing bilateral agreements.
• Mauritius is part of the Colombo Security Conclave, enhancing regional maritime security cooperation.

Legal and International Law Dimensions

ICJ and UN Resolutions

• The ICJ advisory opinion (2019) concluded that the UK must end its administration of Chagos “as rapidly as possible”.
• The UN General Assembly resolution (2019) demanded UK withdrawal within six months, reinforcing global support for Mauritius’ sovereignty.

Balancing Sovereignty and Security

• The new arrangement balances sovereignty restoration with continued military leasing, blending decolonisation justice and strategic pragmatism.
• It reflects how international law and geopolitical realities often converge in negotiated settlements.

Regional Security Implications

Stability Versus Militarisation

• Diego Garcia enhances surveillance, anti-piracy operations, and rapid response capabilities in the western Indian Ocean.
• Continued Western military presence may deter hostile expansion but risks intensifying great-power rivalry between US-led coalitions and China.
• Smaller island states may express concern over erosion of strategic autonomy amid expanding militarisation.

West Asia Linkages

Conflict Spillovers

• Escalating tensions involving Iran, Israel, and Gulf states increase the strategic value of forward military logistics hubs.
• Diego Garcia provides staging support for operations near Gulf chokepoints, which handle a large share of India’s energy imports.

Diaspora and Economic Interests

• India has over 8 million diaspora in West Asia, whose safety depends on regional stability.
• Maritime disruptions in the Gulf could trigger evacuation challenges and economic shocks for India.

India’s Maritime Doctrine

SAGAR and Indo-Pacific Vision

• India’s SAGAR (Security and Growth for All in the Region) doctrine emphasises cooperative maritime security and inclusive regional development.
• The development aligns with India’s push for a free, open, and rules-based Indo-Pacific, consistent with UNCLOS principles.
• India must balance anti-colonial solidarity with Mauritius and pragmatic security cooperation with Western partners.

Strategic Autonomy

• India’s foreign policy traditionally emphasises strategic autonomy, avoiding rigid bloc alignments.
• Supporting the agreement allows India to maintain influence in Mauritius while avoiding confrontation with key Western partners.

Challenges and Strategic Risks

Perception and Alignment

• The long-term lease arrangement may attract criticism that sovereignty restoration is symbolic rather than substantive.

Multipolar Tensions

• Intensifying US–China rivalry complicates India’s strategic calculus in the Indian Ocean Region.
• Any escalation could militarise maritime spaces further, affecting regional stability.

Way Forward

Strengthening Maritime Leadership

• India should deepen engagement through IORA, Colombo Security Conclave, and Quad platforms, reinforcing cooperative maritime security frameworks.
• Expand assistance to Mauritius in blue economy, climate resilience, and coastal infrastructure development.
• Promote adherence to UNCLOS, freedom of navigation, and peaceful dispute resolution mechanisms.
• Enhance indigenous naval capacity under Atmanirbhar Bharat, ensuring credible deterrence and maritime domain awareness.

Conclusion

• The Chagos arrangement represents a convergence of decolonisation principles, strategic continuity, and great-power geopolitics in the Indian Ocean.
• For India, it underscores a dual role as Global South advocate and Indo-Pacific stabiliser, navigating legal norms and strategic realities.
• As trade, energy security, and geopolitical rivalry converge in the Indian Ocean Region, maritime strategy will remain central to India’s external engagement.

“International Law is Not Dead”: Resilience Amid Geopolitical Turbulence

Why in News?

Debate on Decline of International Law

• Ongoing conflicts including the Russia–Ukraine war (since 2022) and the Israel–Hamas conflict (since 2023) have revived claims that international law is collapsing.
• Political rhetoric in major powers, including open references to territorial acquisition and unilateral military action, has intensified concerns over erosion of global legal norms.
• The central argument remains that despite visible violations, international law continues functioning through treaties, courts, trade regimes, and institutional mechanisms.

Relevance

GS Paper II – International Relations

• UN Charter Article 2(4) prohibition on use of force.
• Institutional resilience:
  • International Court of Justice
  • World Trade Organization
  • International Criminal Court
• Russia–Ukraine war; Israel–Hamas conflict.
• Veto politics in UNSC.

Practice Question  

• “Violations of international law do not imply its collapse.” Critically examine with contemporary examples.(250 Words)

Core Norm: Prohibition on Use of Force

Article 2(4) of the UN Charter

• Article 2(4) of the UN Charter prohibits the threat or use of force against territorial integrity or political independence of any state.
• This foundational norm has been breached in cases such as Iraq (2003), Crimea (2014), and Ukraine (2022), yet remains legally binding.
• Even violators seek legal justification—self-defence under Article 51 or humanitarian grounds—demonstrating enduring normative authority.

Historical Evidence of Resilience

Survival Through the Cold War

• During the Cold War (1947–1991), proxy wars occurred in Korea, Vietnam, and Afghanistan, yet the international legal order did not collapse.
• The International Court of Justice (ICJ) continued adjudicating disputes despite superpower rivalry and non-compliance in some cases.
• Scholar Thomas Franck (1970) warned of legal erosion, yet post-Cold War expansion of treaties showed institutional adaptability.

Judicialisation of International Relations

Expanding Legal Architecture

• Over the past three decades, international law expanded into trade, investment, human rights, environmental protection, and maritime governance.
• The World Trade Organization (WTO) dispute settlement system has adjudicated over 600 disputes since 1995, reflecting rule-based economic governance.
• The International Criminal Court (ICC) has issued arrest warrants against heads of state, reinforcing individual accountability norms.

Trade and Economic Law as Evidence

Rules-Based Global Integration

• More than 350 Regional Trade Agreements (RTAs) are currently in force globally, reflecting reliance on treaty-based trade governance.
• Global merchandise trade crossed USD 25 trillion in 2023 (WTO data), largely regulated under multilateral and regional frameworks.
• States continue negotiating FTAs, digital trade agreements, and bilateral investment treaties despite geopolitical fragmentation.

Humanitarian and Environmental Regimes

Enduring Normative Commitments

• The Geneva Conventions (1949) are universally ratified, forming the bedrock of international humanitarian law.
• The Paris Agreement (2015) has over 190 parties, demonstrating sustained global cooperation on climate governance.
• Pandemic coordination under WHO frameworks and International Health Regulations (IHR) illustrates continued reliance on institutional legal mechanisms.

Why Violations Do Not Equal Collapse ?

Law Versus Compliance Debate

• Violations do not imply disappearance; domestic legal systems also experience crime without systemic legal breakdown.
• States seek legal rationalisations for military actions, confirming recognition of international legal legitimacy.
• Normative pressure manifests through economic sanctions, diplomatic isolation, and reputational costs, influencing state behaviour.

Institutional Mechanisms Still Active

Dispute Resolution and Arbitration

• Institutions such as the ICJ, WTO panels, UNCLOS tribunals, and investment arbitration bodies continue resolving interstate and investor-state disputes.
• The South China Sea Arbitration (2016) was adjudicated under UNCLOS, demonstrating continued procedural functioning despite enforcement challenges.
• Judicialisation has deepened particularly in trade, environmental law, and human rights adjudication.

Challenges to International Law

Geopolitical Fragmentation

• Rising multipolar competition among the US, China, Russia, and regional powers strains consensus-based institutions.
• UN Security Council veto politics limits enforcement of collective security measures in major conflicts.
• Selective compliance and perceived double standards weaken legitimacy and credibility of international legal frameworks.

Indian Perspective

Strategic Autonomy and Rules-Based Order

• India consistently advocates a rules-based international order, invoking UNCLOS in maritime matters and WTO principles in trade disputes.
• India balances sovereignty concerns with multilateral commitments, reflected in climate negotiations and over 250,000 troops contributed to UN peacekeeping historically.
• As a rising economic power, India benefits from predictable legal regimes governing trade, navigation, investment, and dispute resolution.

Conclusion

• International law is under strain but not obsolete; violations reflect geopolitical contestation rather than normative extinction.
• Institutional continuity, expanding treaty networks, and growing judicialisation demonstrate systemic resilience.
• In an interdependent global economy, dismantling international law would impose severe economic, security, and reputational costs, ensuring its continued relevance.