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Sea Rift Talks Mark Chain Of ASEAN Summits – Analysis

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By Emre Tunç Sakaoğlu

The 21st ASEAN Regional Forum (ARF) hosted the 10 ASEAN members plus 17 other countries including the U.S., Japan, China, South Korea, and North Korea, and was held alongside the 47th ASEAN Foreign Ministers’ Meeting (AMM-47), the Fourth East Asia Summit Foreign Ministers’ Meeting (EAS FMM-4), and the annual China-ASEAN Foreign Ministers’ Meeting within the scope of ASEAN+1 Ministerial Meetings in Nay Pyi Taw, the capital of Myanmar, from August 8 to 10.

ASEAN delegates came together and discussed economic, political, and security-related headlines on the front burner of the regional agenda; they also met with high-level representatives from various dialogue partners such as the EU, Australia, and Russia, within the scope of the events.

China circumvents U.S. diplomacy

During the ARF summit, U.S. Secretary of State John Kerry urged China to comply with international law when occasional confrontations with other countries in the region occur, invited it to respect ASEAN countries’ unique responsibility to protect international sea lanes of communication and ports, and called for managing maritime disputes over the South China Sea by appealing to UN arbitration.

Although Kerry’s comments were received favorably by several ASEAN members, they were dismissed by the Chinese FM Wang Yi in an assertive tone. China also rejected a motion called the “Triple Action Plan” put forth by the Philippines that suggested China curb its actions over disputed maritime zones in the South China Sea.

While the Philippines motioned for international arbitration through the 1982 United Nations Convention on the Law of the Sea, the Chinese FM argued for the conventional Chinese thesis that the dispute should be resolved between the two countries, preferably on the bilateral level, without internationalizing it beyond ASEAN.

In the face of strong Chinese opposition, the Philippines and Vietnam later stepped back from their earlier support of Kerry’s stance as discussions proceeded. This was largely regarded as a move that isolated the U.S. Secretary of State and undermined the credibility of ASEAN’s solidarity against Chinese intrusions.

Indeed, the Philippines and Vietnam avoided formally discussing Kerry’s proposals even though ASEAN’s current secretary general is Vietnamese and the Philippines’ demand for a moratorium on “provocative activities” over the disputed zones was firmly backed by the U.S.

Moreover, two ASEAN members, namely Cambodia and Laos, maintained their favorable attitude towards China’s stance concerning the dispute, while others like Myanmar, Thailand, Malaysia, and Indonesia refrained from directly confronting China diplomatically.

ASEAN assumes a low profile

During the meetings, ASEAN countries’ foreign ministers reaffirmed their commitment to the stipulations of the 2012 Statement of the ASEAN Foreign Ministers on ASEAN’s Six-Point Principles on the South China Sea, the 2012 Joint Statement of the 15th ASEAN-China Summit on the 10th Anniversary of the Declaration on the Conduct of Parties in the South China Sea (DOC), and the May 2014 ASEAN Foreign Ministers’ Statement on the Current Developments in the South China Sea.

They proposed intensifying substantial consultations with China and pursuing further negotiations with China with the aim of reaching a legally binding Code of Conduct (COC) as soon as possible. In this regard, they underscored the importance of the outcomes of the 7th ASEAN-China Senior Officials Meeting on the Implementation of the DOC held on April 21 in Thailand, and the two recent ASEAN-China Joint Working Groups on the Implementation of the DOC, the first of which was held on March 18 in Singapore and the second on June 25 in Bali, Indonesia.

Finally, in a joint communiqué issued on August 10, ASEAN foreign ministers expressed their concern over the escalation of tensions based on several recent developments in the seas surrounding Southeast Asia. Here, they emphasized the importance of maintaining stability, self-restraint, and freedom of navigation with particular reference to Articles 3, 4, and 5 of the DOC on freedom of navigation and overflight, adherence to international law, and not adding fuel to the tensions respectively.

On the other hand, the ASEAN statement refrained from naming the specific countries involved, or from holding any party responsible for the dispute.

The ministers further added that they want to conclude a treaty of good-neighborliness, friendship, and cooperation with China, and launch a 5-year action plan in order to obviate disagreements.

Code of conduct still pending

Chinese FM Wang Yi said during the China-ASEAN Foreign Ministers Meeting that his country will continue to firmly protect its maritime interests and sovereignty, although it is ready to hear constructive and transparent proposals from ASEAN.

On the other hand, although China agreed to work on a COC with ASEAN in previous meetings, this was not sufficient to avoid various frictions which occurred between 2013 and 2014 concerning the South China Sea.

During the latest China-ASEAN Foreign Ministers Meeting, the Chinese FM once again underlined China’s willingness to push for the conclusion of a COC between the parties involved in the South China Sea dispute and to find modalities and mechanisms which would best fit to ASEAN’s and China’s shared interests in fostering dialogue and cooperation over maritime zones.

The parties agreed that the DOC of 2002, which was an important first step but remains rather vague and void of solid guarantees, recognizes the need for the adoption of a COC aimed at promoting peaceful resolution on a legal basis.

According to media reports, the long-awaited COC is expected to be drafted in October during the 8th ASEAN-China meeting that will be held in Thailand, the country currently coordinating talks between China and ASEAN. But although key details have already been agreed upon by both parties (ASEAN and China), concrete progress has yet to be made.

The South China Sea dispute: an update

Currently, 4 out of 10 ASEAN states, plus China and Taiwan, lay contradictory claims to parts of the South China Sea, which purportedly harbors large reserves of oil and natural gas.

Chinese claims, as depicted by the 9-dotted line (or the U-shaped line) which was originally created in 1947 by the Republic of China, cover over 90% of the South China Sea, including the Paracel Islands claimed by Vietnam and the Spratly Islands where Chinese claims overlap those of the Philippines.

China has accelerated its construction of military and administrative structures on rocks and islets within the disputed zone especially after negotiations for a COC stalled, and has become more assertive in its claims during the last couple of months by sending a giant oil rig and ships to those areas.

In May, Vietnam witnessed deadly protests against China as the latter placed an oil rig off the islands claimed by the former within its own exclusive economic zone (EEZ) on its continental shelf. Moreover, the Philippines recently sued China after the latter’s ships started operating off the Philippine coast.

The post Sea Rift Talks Mark Chain Of ASEAN Summits – Analysis appeared first on Eurasia Review.


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