China’s South Asia policy through a domestic sovereignty perspective

China’s South Asia Policy is currently perceived mostly from realist geopolitical and to a lesser degree, commercial liberalism perspectives. These frameworks ignore China’s own vulnerabilities in its restive periphery which are significant factors in determining policy towards its neighbours. This is especially true in South Asia since Xinjiang and Tibet, the two most volatile minority areas, border this region. The ‘core-periphery structure’ offers a useful tool to fathom China’s contradictory dichotomy where it exists as a strong state at its ‘core’ while being insecure and weak in the ‘periphery’. This dichotomy is seen in dealings with its neighbours as well. As a result, the realist geopolitical analysis offers a sufficient framework to understand China’s interactions with nations bordering its ‘core’, for example in Southeast and Northeast Asia, where it projects itself as a strong, unified state. Yet such an analysis will fall short when explaining the PRC’s interactions with states neighbouring its periphery, in this case in South Asia, due to a perceived ‘insecurity dilemma’. An economics-driven commercial liberalism perspective would also fail to capture the internal complexities and perceived vulnerabilities faced by the PRC in its interaction with South Asia. Therefore it is useful to explore an alternative framework taking account of domestic sovereignty factors. The perceived ‘insecurity dilemma’ in the periphery have been addressed by the PRC since 1949 through policies that sought to assimilate these regions with the ‘core’ of the country. Initially these policies attempted assimilation through coercion but since the late 1970s, a softer approach has been applied through economic empowerment and reduction of disparities. An extension of these domestic policies in Xinxiang and Tibet are reflected in the PRC’s dealings with nations that border these regions. With regard to South Asia, a closer scrutiny reveals such interconnections in the PRC’s policies towards Afghanistan and Pakistan with relation to Xinjiang and similarly towards India, Nepal and Bhutan with relation to Tibet. Such an assessment that takes note of domestic sovereignty considerations offers a more comprehensive analysis of China’s South Asia policy and would contribute to alleviate tensions resulting from misinterpretation of these policies.Arts, Faculty ofPolitical Science, Department ofGraduat

Transcending sovereignty : locating Indigenous peoples in transboundary water law

All people rely upon water for life. Indigenous peoples are especially vulnerable to water conflicts and yet lack recognition in international water law. This thesis adopts Critical Race Theory to examine the intersection between transboundary water law, the doctrine of sovereignty and the international law of Indigenous peoples. The methodology adopted in this thesis includes: (i) a deconstruction of the UN Watercourse Convention and the doctrine of sovereignty; (ii) a review of Indigenous perspectives on sovereignty; and (iii) a proposal for the reconstruction of transboundary water law in a manner that recognizes the internationally affirmed rights of Indigenous peoples. A deconstruction of the UN Watercourse Convention and related discourse reveals that state-centric approaches to transboundary water law fail to recognize Indigenous peoples’ international rights or the pivotal role that Indigenous peoples’ traditional knowledge might play in transcending conflict. Case examples are provided (Columbia River and Tsangpo-Brahmaputra River) that illustrate the vulnerability of Indigenous peoples in the face of state development agreements. The inequities that exist in international water law are rooted in the historical doctrine of sovereignty which has evolved to subordinate Indigenous peoples’ interests to state interests. Indigenous perspectives regarding sovereignty provide a counter-point to the dominant legal discourse and weave an alternate narrative that challenges the myth of objectivity and neutrality that surrounds the doctrine of sovereignty and international law generally. Once we recognize that sovereignty is a social construct, we can recognize our collective ability to reconstruct international laws in a manner that transcends the sovereign discourse and recognizes the rights of Indigenous peoples. Endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is indicative of states’ commitment to recognize Indigenous peoples’ rights throughout the international legal system. This thesis concludes by offering a proposal for reconstructing transboundary water law through a return to ethics and coalition building. Future reform should be directed towards (a) articulating an international water ethic with the critical engagement of Indigenous peoples; and (b) ensuring that river basin organizations are established on every transboundary river in a manner consistent with this shared international water ethic.Law, Faculty ofGraduat