Draft Resolution 1.

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United Nations Security Council
Topic : Ascending Tension: Militarization of the South China Sea
Sponsors : Republic of Peru, Republic of the Philippines
Signatories : Republic of Indonesia, Socialist Republic of Vietnam, State of Kuwait,
Republic of Poland, The United Kingdom of Great Britain and Northern Ireland, French Republic,
Federal Republic of Germany, United States of America, Russian Federation, People’s Republic
of China, Belgium

The Security Council,

Guided by the United Nations Charter,

Recalling the United Nations Convention on the Law of the Sea,

Reaffirming the Declaration of Conduct (DOC) and Code of Conduct (COC) of the South China
Sea,

Fully aware of the violations of United Nations Convention on the Law of the Sea,

Noting with concern the escalation of tension in the South China Sea,

Noting with concern the unlawful military conduct in South China Sea,

Declaring the current situation as untenable and constitutes a threat to international peace under
Article 39 of the Charter,

Keeping in mind the presence of Freedom of Navigation Operation,

Fully aware with the escalation of military capability by state parties in South China Sea,

Emphasizing the need of conflict management in South China Sea,

Affirming the need of safety mechanism for military conduct in South China Sea,

Recognizing the importance of prevention of militarization escalation,

Emphasizing the needs of peaceful dispute settlements on the South China Sea,

Hereby,

CONFIDENCE BUILDING MEASURES (CBM)

1. Calls upon all parties concerned to comply with the following provisional measures
without prejudice to the rights, claims, or position of any party pursuant to Article 40 of
the Charter:
a. Establish the disputed maritime territories in the South China Sea as a neutral area
in which all parties shall withdraw all of its mobile such as but not limited to
warships, warplanes, submarines and freeze all of its immobile military presence
such as but not limited to naval bases and air bases gradually over the course of 9
months to the extent of each nations’ Exclusive Economic Zones (EEZ),
b. To settle their disputes amicably through available diplomatic channels such as but
not limited to negotiation, mediation and conciliation,
c. Failing subparagraph (b) and in the absence of any other agreed judicial dispute
settlement mechanism between the concerned parties, to settle their disputes
judicially through the International Court of Justice pursuant to Article 39 of the
Charter;

2. Authorizes the creation of the Maritime Safety Mechanism (MSM), which serves as a
complementary to the United Nations Convention on the Law of the Sea (UNCLOS) 1982,
International Regulations for Preventing Collisions at Sea (COLREG) 1972, and Code for
Unplanned Encounters at Sea (CUES) 2014. It must serve as a guide for military conduct
within the South China Sea, must be complied by all vessels carrying guns and/or military
capabilities, and include matters, such as but not limited to:
a. Safe distance
All vessels carrying weapons and/or military capabilities, whether it be civilians,
paramilitary, or military forces shall keep a safe distance of at least 0.8 nautical
miles between one vessel and others, especially in occasions of unplanned
encounters,
 b. Prior notification, at least 60 days in advance, of impending joint/combined military
exercise/drill,
c. Fact-finding operation
The fact-finding operation shall monitor the cases on military activity and/or
encounters, directly reporting to the UNSC in regards to the activity,
d. Prohibited measures, such as but not limited to,
1. Simulating attacks by aiming guns towards another vessel;
2. Using weapons and/or related things with such manner that might
cause damage or injury,
3. Intentionally interfering with communication systems of other
states’ vessel,
4. Launching objects or firing signal flares in the direction of other
ships so as to pose a danger, constitute a hazard, or interfere with
navigation,
5. Blockading vessels carrying provisions or personnel for rotation,
e. Communication channels, utilized by all vessels in conditions such as but not
limited to:
1. Unplanned encounter with other military vessels from other States,
2. Incidents in which vessels clash with the vessels of other State’s;
3. Affirms the rights of States to conduct freedom of navigation operations in the South China
Sea in accordance to the Freedom of Navigation Guideline (FoNG):
a. The freedom of navigation in the South China Sea shall be, including but not
limited to joint military exercises, shall be conducted within the EEZ of the coastal
States surrounding the South China Sea,
b. States shall refrain from conducting freedom of navigation operations within the
established neutral area in the South China Sea in accordance with clause 1(a);
4. Draws attention to the ongoing geo-political tensions surrounding disputed territories in
the South China Sea region;

5. Emphasizes the role of the United Nations Security Council to give recommendations
on the construction of Code of Conduct, with the final decision being on the hands of the
 People’s Republic of China and ASEAN member states, including matters such as but not
limited to:
a. Further elaboration of terms to avoid misinterpretation,
b. Technicalities regarding clauses within the COC,
c. Provisions regarding advisory opinion from third party States per requested by any
party to the dispute while still maintaining the final decision to be in the hands of
ASEAN member states and the People’s Republic of China;

6. Encourages the conduct of multilateral/bilateral talks between China and other involved
claimant subjects to reach a mutual agreement in cases such as but not limited to:
a. The right of innocent passage of involved States,
b. Information exchange mechanism in regards to any activity conducted within the
region,
c. Peaceful settlement of dispute with the mechanism of conciliation based on
UNCLOS Part XV section 1 and Annex V, as well as the Treaty of Amity and
Cooperation Article 15;
The multilateral agreement will be conducted if the disputed area is being claimed by two
or more states;

7. Further encourages that, if multi/bilateral talks between China and other involved claimant
subjects fail to reach a conclusive result that is agreed upon all parties, States accept the
jurisdiction of judicial arbitrators such as the International Court of Justice to settle disputes
between said States;

8. Requests, for monitoring the implementation of the above proposals, a Security Council-
formed Ad-hoc Committee be formed and tasked with the task shall be formed with the
following provisions:
a. The Ad-hoc Committee shall be tasked with monitoring the progress of the
implementation of the above proposals formed by this working paper by receiving
periodic reports on the situation from verified sources such as but not limited to live
testimony, discussing those periodic reports, and reporting to the Security Council
 on the overall progress of the implementation of the above proposals and the
general situation of the South China Sea,
b. The Ad-hoc Committee shall consist of representatives of the Security Council
member States;
9. Decides to remain seized of the matter.