Editorials/Opinions Analysis For UPSC 28 February 2026

Content

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

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

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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.

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.

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

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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.

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.

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