Professional Documents
Culture Documents
Thayer, The ASEAN-China Code of Conduct in The South China Sea: A Tool For Conflict Resolution?l
Thayer, The ASEAN-China Code of Conduct in The South China Sea: A Tool For Conflict Resolution?l
Thayer, The ASEAN-China Code of Conduct in The South China Sea: A Tool For Conflict Resolution?l
22.9%
China’s estimates 6
to 7 times greater
than US
Geographic Scope & Features
2. UNCLOS
Constitution of the World’s Oceans
• Does not deal with sovereignty
• Maritime zones & features (rocks, islands, LTE)
• Sovereign jurisdiction over resources
• Semi-enclosed Sea
– Duty to Cooperate
– Protect marine environment
• Provisional arrangements of a practical nature
• Compulsory dispute settlement
UNCLOS
Land dominates the sea
Maritime Zones
• Baselines
• Internal waters
• Territorial Sea
• Contiguous Zone
• Exclusive Economic
Zone (EEZ)
• Continental Shelf
• High Seas
• International waters
Claimants:
• China (7)
• Taiwan (1)
• Vietnam (27)
• Philippines (9)
• Malaysia (5)
• Brunei (0)
• [Indonesia]
• (features in
Spratly islands)
China’s
9-dash line
• historic rights
• ‘4 sha’ (四沙)
• Pratas Ils.
• Paracel Ils.
• Spratly Ils.
• Macclesfield
Bank
3. Overview of Diplomatic Efforts,
1992-2019
DOC 2002
ASEAN-
China
exchange
Draft Codes
ASEAN
of Conduct
Statements
2000s
1992 & 1995
DOC = Declaration on
Conduct of Parties in the
South China Sea
Declaration on Conduct of Parties in
the South China Sea (DOC )
• 5. The Parties undertake to exercise self-
restraint in the conduct of activities that
would complicate or escalate disputes and
affect peace and stability including, among
others, refraining from action of inhabiting on
the presently uninhabited islands, reefs,
shoals, cays, and other features and to handle
their differences in a constructive manner.
– November 2002 (non-binding political statement)
Cooperative Activities Under the DOC
• a. marine environmental protection;
• b. marine scientific research;
• c. safety of navigation and communication at
sea;
• d. search and rescue operation; and
• e. combating transnational crime, including
but not limited to trafficking in illicit drugs,
piracy and armed robbery at sea, and illegal
traffic in arms.
Declaration on Conduct of Parties in
the South China Sea (DOC)
ASEAN’s
Proposed
Guidelines to Elements of a
Implement the Regional COC
DOC 2011 June 13, 2012
Terms of
Reference
ASEAN-China
Joint Working
Group 2004
Major Turning Points, 2012-16
Hotline &
ASEAN CUES
Consensus August 2016
ASEAN’s 6 July 24-25,
Principles on 2016
the SCS July
20, 2012
CUES = Code for Unplanned
Encounters at Sea
Major Turning Points, 2017-19
First
Reading
Single Draft Aug 2019
SCS COC
Framework Negotiating
Text Final Code
of the Code
of Conduct
of Conduct August 2018
by 2021?
August 2017
4. Philippines’ Claims Against China
What are our entitlements?
• China has made excessive maritime claims
• Determine legal status of islands, rocks and
low tide elevations and submerged banks
occupied by China
• China is interfering with Philippines’ lawful
rights within and beyond its EEZ and
continental shelf
• Declare 9-dash line illegal in international law
Arbitral Tribunal and Award
29 Oct 2015 concluded 12 July 2016
Other judges appointed by
the President of the
International Tribunal on
the Law of the Sea (ITLOS)
from a panel nominated by
state parties to UNCLOS
UNCLOS provides
provisions when one of the
parties declines to
participate
• Management of Incidents
2.c • Other Undertakings
Three Year Timetable,
2018-2021
Rodrigo Duterte will still be President of the Philippines
The Philippines will still be ASEAN country--coordinator for dialogue with China