Abstract

The Sino-Indian border dispute has remained unresolved for more than 50 years. India claims the disputed areas based on treaties, estoppel, effective control, geography and history. China bases its claim of the sovereignty over the disputed area upon effective control, history and geography. It is apparent that the legal justifications presented by China are effective control, history and geography while the ones by India are treaties, estoppel, effective control, geography and history. China has established its framework to settle its border disputes with its neighbours. It appears inadequate for settlement of the Sino-Indian border disputes. In other words, the framework seems to need some modification and improvement. The upgraded framework should involve confidence building as the first step; namely, the parties should agree to accept the general border dispute resolution pattern established by the International Court of Justice (ICJ) case law.Keywords: China; International Court of Justice (ICJ); Sino-Indian border disputes

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