China’s New Land Border Law: Will China ever abandon its expansionist attitude and learn to coexist?

• It is the first national law on the protection of land borders of China which aims to manage border-related matters at the legal level.
• It will also strengthen the PLA’s policy of working closely with civilians residing in the border areas with economic and social development and improve public services.
• Taking effect on January 1, 2022, the law also regulates that national and regional governments are obligated to take measures to protect the stability of cross-border rivers and lakes, and rationally use the water resources there.
• China should abandon its expansionist attitude and learn to coexist and live in peace as for every other nation their own borders are “sacred and inviolable”.
• Instead of peaceful talks and resolving boundaries, China is encouraging warfare which is not good for a nation which boasts of itself as a permanent member of the United Nations Security Council.

China shares around 22,000 km of land border with 14 countries and 18000 Kms of Coastline. Though China claims to have ‘resolved’ border disputes with 12 out of its 14 neighbouring countries, disputes  with all its neighbors on land, air, and water continue to this very day. Right from its land dispute with one of its closest allies, North Korea, China has unfinished border disputes with Mongolia, India and Japan and these tensions have only increased and have never abated.

World knows how China is threatening Taiwan with air, land forces, and digital attacks every day. The UN Resolution on Taiwan 2758 has also come under discussion. When the world has suffered from Wuhan virus or Covid-19, severe stress to economy and supply chains, shortages of semiconductors chips and power crisis, China has engaged in arms build up along its border with India and has threatened Japan with nuclear weapons. China has created insecurity, arms race and now a law to override borders of its neighbors with words like China border is “sacred and inviolable” in its new law. 

Last week China at the closing meeting of a legislative session of the Standing Committee of the National People’s Congress voted to adopt the country’s first national law on Border called the “Land Border Law 2021.” The Land Border Law will come into effect from January 1, 2022. It advocates that the sovereignty and territorial integrity of the People’s Republic of China are “sacred and inviolable.”The state shall take measures to resolutely safeguard territorial integrity and land border security, and guard against and combat any acts that undermine territorial sovereignty and land boundaries”, states the law. 

China’s first national law on its border called the “Land Border Law 2021”  will come into effect from January 1, 2022 which advocates that the sovereignty and territorial integrity of the People’s Republic of China are “sacred and inviolable.”

Here are some of the Features of the Law:

• First, It is the first national law on the protection of land borders of China.
• Second, it aims to manage border-related matters at the legal level.
• Third, law will firm up the military civilian role in defending the country’s borders and it mandates to combine the military defense with the social and economic development work in border areas.
• Fourth, it will also strengthen the People’s Liberation Army’s (PLA) policy of working closely with civilians residing in the border areas with economic and social development and improve public services.
• Fifth, civilians in border areas will work as the first line of defense.
• Sixth, the state shall guard against and combat any act that undermines the territorial sovereignty.
• Seventh, Infrastructure development in border areas is given top preference. The law mandates the construction of border towns and improvement of the functioning of border towns.
• Eighth, the new law also mandates that China can close its border in case of war or any armed conflict that threatens its border security.
• Ninth, delineation and surveying of land borders, the defense and management of land borders and frontiers, and the international cooperation on land border affairs.
• Ten, neither organizations nor individuals can fly drones or build permanent structures near land borders without approval of Chinese authorities.
• Eleven, it stipulates that weapons can be used against those who illegally cross borders to commit physical assault, resist arrest or engage in other violent activities.
• Lastly, taking effect on January 1, 2022, the law also regulates that national and regional governments are obligated to take measures to protect the stability of cross-border rivers and lakes, and rationally use the water resources there.

India shares a 3,488km border with China that extends from Arunachal Pradesh in the northeast to Jammu & Kashmir in the north. However the border is not fully demarcated and the process of clarifying and confirming the LAC is in progress. Differences over the perception regarding the LAC have fuelled routine standoffs between Chinese and Indian soldiers. China has unilaterally tried to change land, air, water boundaries with India and is indulging in a massive military build up. It is bringing next generation tech-based military warfare at the border. It has strengthened infrastructure in border areas, which includes road, rail and air networks for military purposes.

The New Border Law also thinks of importance to India of the Brahmaputra river, which has its source in China occupied Tibet Autonomous Region. China is flirting with the possibility of limiting the volume of water during conflicts, citing ‘protection and reasonable use’ as stipulated in the law”.

The New Border Law also thinks of importance to India of the Brahmaputra river, which has its source in China occupied Tibet Autonomous Region. China is flirting with the possibility of limiting the volume of water during conflicts, citing ‘protection and reasonable use’ as stipulated in the law”. 13 Rounds of Military talks have happened to resolve border disputes but a concrete end is awaited. For China, solving India’s border dispute peacefully should be the first preference rather than thinking in a vacuum. 

China should abandon its expansionist attitude and learn to coexist and live in peace as for every other nation their own borders are “sacred and inviolable”. Instead of peaceful talks and resolving boundaries, China is encouraging warfare which is not good for a nation which boasts of itself as a  permanent member of the United Nations Security Council. Should nations stand for peace and economic development or pass laws to be imposed on others? Can China, which did not respect the International Court of Justice verdict on the South China Sea bordering the Philippines, be expected to respect international norms?

Questions have now been raised over China’s attitude of annexation, its neo-colonial mindset, debt diplomacy, willingness to control water resources, occupying lands and altering boundaries unilaterally. India’s External Affairs Minister Dr S Jaishankar’s remark that the ability of India and China to work together will determine the Asian century, has to be understood by China policy makers as presently it is indeed a threat to the region and neighbors.

(The opinions expressed are author’s own)

Chandrashekar TS

M.AM.PhiL/(PhD SNU South Korea)