The Sino-Indian Boundary Dispute: Exploring Its Historical Roots and Addressing Colonial Cartography Using Innovative Methodology beyond the Western International Law Framework

The ongoing Sino–Indian Border Dispute (SIBD) has yet to be effectively addressed by international law. Westphalian notions of sovereignty have hindered negotiations between the two nations, resulting in a stagnant conflict. This article explores the SIBD’s historical roots and suggests innovative pathways towards resolution that consider the socio-political, geographical, and historical context of Sino–Indian relations. To resolve the SIBD, extreme nationalist views in China and India must be restrained. This article proposes establishing a commission within the Shanghai Cooperation Organisation that adopts a tailor-made methodology, informed by Third World and New Haven Approaches to International Law and supplemented by a negotiation framework guided by the Five Principles of Coexistence—a cornerstone of peaceful Sino–Indian diplomatic relations. Through the commission’s efforts, an era could begin that moves away from the British Indian colonial cartographic legacy and Westphalian International Law on territories that created the current status quo. This innovative approach would improve economic conditions, protect human rights, and increase security for those living in precarious border regions. Although these methodologies have limitations, they offer a more comprehensive and sustainable map-making approach that is better suited to the region’s unique needs. © The Author(s) (2024). Published by Oxford University Press. All rights reserved.