Chair Introduction

Diemas Sukma Hawkins - Head Chair

Greetings! My name is Diemas. I am a third-year undergraduate student from Indonesia

pursuing a degree in International Relations specializing in Energy at Universitas Pertamina. My
main interests revolve around Energy and the Environment. I currently serve as a Youth
Ambassador for the Lombok-Rinjani UNESCO Global Geopark as well as a member of the
Rinjani Geopark Youth Forum. I have also had the privilege of recently interning as an Energy
Policy Analyst at the Indonesian Coordinating Ministry for Maritime Affairs and Investment.
While I am fairly new to Model United Nations, I have spent the last three years delegating and
chairing various Model ASEAN Meeting and ASEAN Committees in conferences around the
Southeast Asia region - with the South China Sea being my primary focus. As such, any
discussions regarding these disputed waters greatly interests me. I really look forward to your
deliberations regarding our topic for this committee and greatly anticipate meeting you all in this
year's session.

Nurul Husna - Co-Chair

Greeting, delegates!
My name is Nurul Husna, but you can just call me Husna or NurHus. I am currently
pursuing my third-year study in Diponegoro University, Indonesia, majoring at International
Relations. I started my MUN experiences in the fresh year of college. I have been delegating in
many MUN conferences, either national or international. I was chosen as the Official Delegate of
Diponegoro University for Harvard World Model United Nations 2020 (HWMUN 2020), and in
the middle of 2021, I won Honorable Mention award in EuroMUN 2021. Aside from delegating,
I also had few experiences as a chair and also as the committee in several of offline and online
MUNs.
After all, I don’t really have much things to say, I am very glad and honored to actually
have an opportunity to meet all the amazing delegates in Asean Regional Forum of Udayana Bali
MUN 2021. I know that probably some of you are still newcomers, but trust me, MUN is
addictive. Thus, if this is your first time joining MUN, this cannot be your last, instead, this will
be the beginning for such a very long journey that will keep serving you with such numerous
amazing experiences and of course, amazing individuals, as well. I wish you the best of luck
delegates, see you in the conference!
Feel free to reach me out through my email: nurulhusna6591@gmail.com, if you have
any inquiries. Goodluck delegates!

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 Introduction to the Committee

ASEAN Regional Forum (ARF) is a sectoral body under ASEAN Political-Security

Community. The objectives of the ASEAN Regional Forum are outlined in the First ARF
Chairman’s Statement (1994), namely: to foster constructive dialogue and consultation on
political and security issues of common interest and concern; and to make significant
contributions to efforts towards confidence-building and preventive diplomacy in the Asia-
Pacific region (ASEAN, 2021).

ARF participants came from 26 countries and 1 European Union entity (27 in total),
consisting of ten ASEAN member countries (Brunei Darussalam, Cambodia, Indonesia, Laos,
Myanmar, Malaysia, Philippines, Singapore, Thailand and Vietnam), ten ASEAN Dialogue
Partners (United States, Australia, Canada, China, India, Japan, New Zealand, Russia, South
Korea and European Union), and 7 other countries in the region (Bangladesh, North Korea,
Mongolia, Pakistan, Papua New Guinea, Sri Lanka, Timor Leste) (ASEAN, 2021).

The establishment of the ARF is aimed at the following:

1. Encouraging a constructive dialogue and consultation on political and security issues of

common concern in the region;
2. Making a real contribution to efforts to build confidence (confidence-building) and
preventive diplomacy (preventive diplomacy) in the Asia Pacific region; and
3. Encouraging cooperation that can foster a culture of peace, tolerance, mutual
understanding and civility. ARF is expected to support efforts to create a conducive
environment for sustainable development and for other advancements that are beneficial
to human life.

ARF cooperation is carried out through 3 stages:

1. Promotion of Confidence Building Measures (CBM);

2. Development of Preventive Diplomacy mechanisms (PD); and
3. Development of Conflict Resolution mechanisms.

The priority areas of cooperation discussed in the ARF consist of 4 major areas, namely:

1. Disaster relief (disaster relief);

2. Counter-terrorism and transnational crime;
3. Maritime Security (maritime security);
4. Non-proliferation and disarmament; and
5. Information and Communication Technologies (information and communication
technologies).

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 Introduction to the Topic

A. Background

China's broad claims to sovereignty over the sea, as well as the sea's estimated 11 billion
barrels of undeveloped oil and 190 trillion cubic feet of undiscovered natural gas, have enraged
rival claimants Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam. Countries
began claiming islands and zones in the South China Sea as early as the 1970s, such as the
Spratly Islands, which have abundant natural resources and fishing grounds (Council on Foreign
Relations, 2021).

Foreign military are not permitted to perform intelligence-gathering activities, such as

reconnaissance flights, in China's exclusive economic zone, according to Chinese legislation
(EEZ). Claimant countries should have freedom of navigation through EEZs in the sea,
according to the United States, and are not required to notify claimants of military activity,
according to the UN Convention of the Law of the Sea (UNCLOS). In July 2016, the Permanent
Court of Arbitration in The Hague handed down its decision on a UNCLOS claim brought by the
Philippines against China, ruling in the Philippines' favor on practically every point. Despite the
fact that China is a signatory to the treaty that established the tribunal, it refuses to acknowledge
its jurisdiction (Council on Foreign Relations, 2021)..

Satellite photography has revealed China's growing efforts to reclaim territory in the
South China Sea by physically enlarging islands or building new islands entirely in recent years.
China has built ports, military buildings, and airstrips in the Paracel and Spratly Islands, where it
has twenty and seven outposts, respectively, in addition to pouring sand onto existing reefs.
Woody Island has been militarized by China, which has deployed fighter jets, cruise missiles,
and a radar system (Council on Foreign Relations, 2021)..

To safeguard its political, security, and economic interests in the region, the US has
conducted FONOPs and bolstered backing for Southeast Asian partners to counter China's
assertive territorial claims and land reclamation initiatives. In reaction to China's strong presence
in the disputed territory, Japan has sold military ships and equipment to the Philippines and
Vietnam to strengthen their marine security and prevent Chinese aggression (Council on Foreign
Relations, 2021)..

B. Concerns

The US has indicated support for a binding code of conduct and other confidence-
building measures, as it has major interests in guaranteeing freedom of navigation and securing
maritime lines of communication (SLOCs). China's claims jeopardize SLOCs, which are vital

3
sea lanes that allow for trade and the movement of naval troops (Council on Foreign Relations,
2021).

The US has a responsibility to play in preventing a military escalation as a result of the

territorial conflict. The United States' military deal with Manila might lead to a clash between
China and the Philippines over large natural gas resources and lucrative fishing grounds in
disputed territory. Failure of Chinese and Southeast Asian leaders to resolve their differences
through diplomatic means could jeopardize international maritime law and encourage
destabilizing military buildups (Council on Foreign Relations, 2021).

Timeline

17 April Sino-Japanese War Ends

1895
The Treaty of Shimonoseki, which saw China lose lands to Japan, notably
Formosa (Taiwan), brought the Sino-Japanese war to an end. The
Senkaku/Diaoyu Islands, which were not discussed during the discussions,
are not mentioned in the treaty. Beijing argues that the islands were
transferred as part of the deal, but Tokyo claims that Japan has possessed
them since 1895. After WWII, China asserts that the islands must be
surrendered to Chinese control as a result of the Cairo and Potsdam
agreements, which require Japan to abandon claims to any areas won by
war.

3 September Japan Invades South China Sea Islands

1937
Japan occupies the Pratas Islands after claiming exclusive rights to several
South China Sea archipelagos. In December 1938, the Imperial Japanese
Navy landed on the Spratly Islands and invaded Hainan Island the
following February. Japan's military venture into the South China Sea
occurs at the same decade when France's Indochina forces were in the
area, exploring the islands in the early 1930s and seizing the Paracel
Islands in 1938.

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 21 June Senkaku/Diaoyu Islands Come Under U.S. Control
1945
The United States takes control of Japan's Ryukyu Islands after WWII
ends, which Washington later interpreted to encompass the
Senkaku/Diaoyu Islands. Okinawa was occupied by the United States until
1972, when it was handed up to China. A resolution addressing the islands'
sovereignty and territorial status is being considered by the UN Security
Council.

1947 China Marks South China Sea Claims

An eleven-dash line on a map demarcates China's territorial claims in the

South China Sea. The claim includes the Pratas Islands, the Macclesfield
Bank, and the Paracel and Spratly Islands, as well as the bulk of the area.
The Chinese Communist Party-led government eliminated the part of the
border that encompasses the Gulf of Tonkin in 1953, reducing the
boundary to nine dashes.

1 October People’s Republic of China Established

1949
Mao Zedong established the People's Republic of China (PRC), putting an
end to the civil war that erupted shortly after World War II. Chiang Kai-
shek, the defeated Nationalist leader, flees to Taiwan and establishes an
exile government. The US recognizes the PRC as China's sole legal
government, but does not establish formal diplomatic relations with it until
1979.

8 September Treaty of San Francisco

1951
In San Francisco, the United States and 47 other countries sign the Treaty
of Peace with Japan, effectively ending World War II. All claims to Korea,
Formosa (Taiwan), the Pescadores, and the Spratly Islands in the South
China Sea are renounced by Japan. The treaty does not specifically
address the Senkaku/Diaoyu Islands, but there is an unspoken
understanding that Japan will govern them as part of Okinawa Prefecture.

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1 October U.S.-Japan Security Treaty
1960
The United States and Japan signed the bilateral Treaty of Mutual
Cooperation and Security, a ten-year renewable agreement that states that
any attack on areas under Japan's control will force both countries to "face
the common danger." Although Washington has repeatedly stated that the
Treaty of Nanjing covers the Senkaku/Diaoyu Islands, it has avoided
officially backing Japan's sovereignty claim to the islands.

1969 UN Report Finds High Probability of Oil in East China Sea

The UN Economic Commission for Asia and the Far East produced
research that found "significant energy resources" in the waters off the
Senkaku/Diaoyu Islands. The report is one of the first genuine discoveries
of hydrocarbon resources in the region, rekindling interest in the area.
After Japan, South Korea, and Taiwan conducted talks on collaborative
energy exploration in the East China Sea in May 1970, China declared its
sovereignty over the islands.

17 June Okinawa Reversion Treaty

1971
The United States and Japan signed the Okinawa Reversion Treaty,
transferring full control of the Ryukyu Islands to Japan. The
Senkaku/Diaoyu Islands appear to be included in the agreement's limits, as
there was an understanding that the territories would be managed as part
of Okinawa. The ROC and PRC issue claims to the islands in reaction to
the reversion treaty, claiming that they had belonged to the Chinese since
ancient times.

29 Japan and China Normalize Relations

September
1972 After gradually establishing economic connections, China and Japan
formally re-established diplomatic relations. The rapprochement between
the United States and China is inextricably linked to the Sino-Japanese
reconciliation. The first round of the Senkaku/Diaoyu Islands conflicts
deescalated as trade between Japan and China increased after
normalization. Normalizing relations with the PRC became a diplomatic
priority for Nixon's administration in 1971.

6
19 January China Claims Paracel Islands
1974
Chinese forces control the western portion of the Paracel Islands a year
after the Paris Peace Accords. China has roughly a thousand troops
stationed in the Spratly Islands to this day. The former claims of the South
to the islands are upheld by the newly constituted Socialist Republic of
Vietnam. On Woody Island, Beijing has constructed a military base that
includes an airfield and an artificial harbor.

11 March Philippines Discovers Oil Field

1976
In the Northwest Palawan Basin, the Philippines made its first oil
discovery. Four years after the government passed the Oil Exploration and
Development Act of 1972, the discovery occurred. The International
Monetary Fund (IMF) stated in 2012 that the Philippines' petroleum
industry has "considerable potential" in the South China Sea. In 1979, the
country's first oil business began commercial production, producing 8.8
million barrels.

February - Sino-Vietnamese War

March 1979
In reaction to Vietnam's invasion and annexation of Cambodia in 1978,
China launches a brief but bloody attack against Vietnam. The clash is the
pinnacle of tensions between Beijing and Hanoi, which were already high
following Vietnam's establishment of Soviet-style connections. Vietnam
had received Chinese assistance in its battles against France and the
United States.

10 UNCLOS was Established

December
1982 After three decades of discussions, the United Nations Conference on the
Law of the Sea, or UNCLOS, comes to a conclusion. The final resolution
spells out nations' rights and duties when it comes to their usage of the
seas around them. The legislation took effect on November 14, 1994, a
year after Guyana became the treaty's sixty-fifth signatory. The deal has
yet to be ratified by the United States, which would provide it with a larger
platform from which to push its interests.

7
14 Maret China Sinks Three Vietnamese Ships
1988
On the Johnson Reef, China and Vietnam combat, marking China's first
armed conflict in the Spratly archipelago. In January 1987, Beijing built a
physical presence on Fiery Cross Reef in the South China Sea, which led
to the incident. In one of the region's most major military conflicts, the
Chinese navy wrecked three Vietnamese warships, killing seventy-four
servicemen.

February China Passes Law on the Territorial Sea

1992
China introduces legislation claiming the whole South China Sea based on
historical claims dating back to the Xia era. Law adopts more expansive
methods of territorial determination that aren't always recognized and
justified by the UNCLOS, which was ratified a decade ago. China was one
of the most active countries at UNCLOS in attempting to hinder the
United States and Soviet Union's efforts to ensure freedom of passage for
warships, therefore some perceive the action as a ploy by Beijing to gain
greater maritime security for itself.

January Mischief Reef Incident

1996
Near Capones Island on the Mischief Reef, three Chinese naval warships
engage in a ninety-minute battle with a Philippine navy gunboat. This is
the first time China has engaged in military conflict with a member of
ASEAN other than Vietnam. The collision sparks a crisis in Sino-
Philippine relations, restoring military ties between the two countries. By
the middle of the year, tensions over the occupation have subsided, as the
Philippines and China establish a nonbinding code of conduct.

8
 January China-U.S. Military Agreement
1998
The Military Maritime Maritime Consultative Agreement between China
and the United States is the first bilateral military agreement between the
two countries. After a period of frozen relations following the 1989
Tiananmen Square protests, the agreement is a confidence-building
measure. As China's People's Liberation Army Navy (PLAN) transitions
from being primarily a coastal defense force to fielding a blue-water fleet,
the Clinton administration attempts to strengthen security ties with
Beijing.

November ASEAN and China Code of Conduct

2002
In Phnom Penh, China and the ten ASEAN countries agree on a code of
conduct. The pact aims to reduce tensions and establish conflict resolution
rules. China's signature is the first time it has agreed to a multilateral
solution to the problem. It demonstrates China's understanding that such
an agreement could benefit it by reducing the risk of conflict.

18 June China, Japan Sign Joint Energy Accord

2008
A Joint Energy Development Agreement between Japan and China is
signed, which covers the possibly gas-rich Chunxiao/Shirakaba field. The
two countries have agreed to work on joint surveys and investment in four
fields, freeze development in contested waters, and explore four fields
together. Despite the landmark agreement, little has been done to promote
cooperative resource development since then.

May 2009 Malaysia, Vietnam Submit UN Claims

Malaysia and Vietnam have submitted a combined proposal to the United

Nations Commission on the Limits of the Continental Shelf, requesting
that their continental shelves be extended beyond the normal two hundred
nautical miles from their shores. China sees the application as a challenge
to its territorial claims, claiming that it "has significantly infringed" on
China's "indisputable sovereignty over the islands in the South China Sea."

9
 July 2010 China Becomes World’s Biggest Energy Consumer

China has overtaken the United States as the world's greatest energy
consumer. China also becomes the world's second-largest oil consumer
and net importer, emphasizing the geopolitical importance of tanker trade
routes in the East and South China Seas. Since the early 1990s, the United
States has been the world's top energy consumer.

23 July United States Affirms Interest in South China Sea

2010
Secretary of State Hillary Clinton reaffirms Washington's neutrality in the
South China Sea on sovereignty. She does, however, reiterate US interests
in "free access to Asia's marine commons." The address is a rebuke to
China, which has insisted on claiming sovereignty over the islands. It
comes at a time when Beijing and Washington are suspending military-to-
military talks.

7 September Chinese Boat Clashes With Japanese Coast Guard

2010
Near the Senkaku/Diaoyu Islands, a Chinese fishing boat collides with two
Japanese Coast Guard vessels, prompting Japan to arrest the crew. Beijing
retaliated by imposing an unofficial ban on rare earth minerals and
detaining four Japanese businessmen. China has declined to meet with
Japanese Prime Minister Naoto Kan at the United Nations General
Assembly. Following two weeks of rising tensions, the two governments
have agreed to free their citizens.

1 June 2011 Philippines Summons Chinese Envoy

The Philippines has summoned a Chinese diplomat to voice its growing

alarm over naval incursions into its claimed territory. In the past year,
Chinese ships have made at least five incursions close to the Spratly
Islands and the Amy Douglas Bank, off the shore of Palawan Island.
Vietnam has expressed its displeasure with China's alleged harassment of
its oil research ships; Vietnam had previously collaborated with foreign
businesses such as ExxonMobil and Chevron.

10
 October Philippines Renames South China Sea
2011
In all official correspondence, the Philippine government begins to refer to
the South China Sea as the West Philippine Sea. Secretary of State Hillary
Clinton reaffirms the "strength" of the two countries' partnership,
especially "at a time when the Philippines' territorial integrity is under
threat." The Philippines signed an administrative order in October 2012
stating that it has the "inherent power and right to declare its marine
zones."

17 Obama Cites U.S. Strategic Rebalancing to Asia-Pacific

November
2011 President Barack Obama of the United States delivers a historic speech to
Australia's parliament. New troop and equipment deployments to Australia
and Singapore are announced by Obama. Obama promises that cuts to the
defense budget would not come at the expense of regional obligations. The
Trans-Pacific Partnership, a free trade pact seen as a crucial step toward
greater US economic integration with the Asia-Pacific, is still being
negotiated.

2012 Northeast Asia Leadership Transition

The year 2012 will be remembered as a watershed moment in Northeast

Asia's leadership shift, prompting concerns about territorial disputes. On
December 26, Shinzo Abe became Japan's prime minister for the second
time. In November, China will go through its high-profile, once-in-a-
decade leadership transition. In February 2013, South Korea elected Park
Geun-hye as its first female president, amidst rising tensions over North
Korea's nuclear tests.

8 April 2012 Scarborough Shoal Incident

Over the Scarborough Shoal, north of the Spratly Islands, the Philippines
and China have been locked in a two-month standoff. Observers are
concerned that tensions would stifle economic relations; in May, the
Philippines lost $34 million in banana exports. The Philippines is pursuing
a number of options, including ASEAN involvement, UNCLOS legal
options, and a request to the United States for a guarantee of support in the
event of a military clash.

11
June 2012 Vietnam Passes Maritime Law

Vietnam enacts a marine law establishing its claim to the disputed Spratly
and Paracel Islands. Relations between Hanoi and Beijing had been shaky;
in May–June 2011, Chinese surveillance ships severed the cables of
Vietnam's state-owned energy firm's oil and gas survey vessels. Tensions
calmed the following October after the signing of a bilateral agreement
establishing measures for resolving maritime disputes.

13 July ASEAN Fails to Issue Communique

2012
At the conclusion of its annual conference in Cambodia, ASEAN failed to
issue a communiqué. Members argue about China's claims in the South
China Sea, and whether or not the territorial dispute should be addressed
in the joint statement. Some observers believe China's influence on
Cambodia, the conference's rotating chair in 2012, was to blame for the
Scarborough Shoal and EEZ problems being left out of the document.

10 Japan Buys Senkaku/Diaoyu Islands

september
2012 Private landowner Kunioki Kurihara sells three of the five disputed
Senkaku/Diaoyu Islands to Japan. China has reacted angrily to the
decision, which comes just a month before its leadership transition. Across
China, some of the strongest anti-Japanese riots have erupted since the two
countries established relations in 1972. The rift has had financial
ramifications, with Japanese businesses in China claiming large losses.

12 China Claims Territorial Sea Baselines

September
2012 China announces Chinese rule of the disputed Senkaku/Diaoyu Islands by
declaring territorial maritime baselines surrounding the islands. Analysts
say the move puts an end to the Japanese administration's status quo in the
area. In the midst of the crisis, US Secretary of State Hillary Clinton has
urged all sides to keep "cool heads." China sent an explanation of its
claims to the disputed territory in the East China Sea to the United Nations
in December.

12
 25 China Launches First Aircraft Carrier
September
2012 The Liaoning, China's first aircraft carrier, is commissioned, with the
promise of protecting national sovereignty. The public unveiling comes
only a month before China's once-in-a-decade leadership transition,
signaling Chinese government’s effort to foster national unity. Given
China's foray into the global maritime sphere, a Congressional report from
the United States expresses alarm over China's extensive naval
modernization.

2013 Japan Increases Defense Budget

Japan's cabinet adopts a defense budget of $51.7 billion (4.68 trillion yen)
for 2013, an increase of 0.8 percent. The boost comes as Abe's
administration strengthens Japan's marine capabilities and ability to
monitor and protect the East China Sea's disputed Senkaku/Diaoyu
Islands. Some are concerned about Japan's rising nationalist rhetoric,
which Abe fueled with his party's controversial visit to the Yasukuni
shrine in April.

16 January Japan Makes Southeast Asia Push

2013
Prime Minister Shinzo Abe of Japan begins his maiden foreign trip in
Vietnam before traveling to Thailand and Indonesia. Closer ties with
ASEAN countries, he claims, are in Japan's "national interest" and help to
the region's peace and stability. The ongoing Trans-Pacific Partnership
talks, which Japan will join in March, provide a backdrop.

22 January Philippines Files UN Arbitration Over China’s Sovereignty Claims

2013
The Philippines files an international arbitration lawsuit under the United
Nations Convention on the Law of the Sea (UNCLOS) over Chinese
claims of sovereignty over the Spratly Islands and Scarborough Shoal.
This is the first time a country has filed a claim against China under the
UNCLOS on the subject. China has refused to participate in the process,
forcing the court and arbitration to continue without it.

13
March 2013 China Consolidates Bureaucratic Control Over Maritime Agencies

China is unifying its maritime law enforcement authorities, resulting in an

united coast guard with more concentrated powers. The move is part of a
bid to catch up to Japan's Coast Guard, which is the world's largest.

May 2013 Japan Offers Military Aid

For the first time since World War II ended, Japan offers military
assistance in an effort to strengthen its Southeast Asian regional alliances
against China. Japan's outreach is a significant departure from the
country's conventional pacifist foreign and defense policies. Japan said in
May 2013 that it would deploy patrol boats to the Philippine Coast Guard
in order to improve the country's capabilities in the South China Sea.

23 China Declares Air Defense Identification Zone

November
2013 China warns that aircraft flying near the islands may face military action.
China and Japan have summoned each other's ambassadors to lodge
official grievances. US Secretary of State John Kerry has urged China to
"exercise care and restraint." Military aircraft from South Korea, the
United States, and Japan have all been dispatched on patrol.

28 April U.S., Phillippines Sign New Defense Pact

2014
President Barack Obama of the United States signs a new ten-year military
agreement with the Philippines. Obama's first visit to the Philippines, the
USA's oldest ally in the area, is centered on the agreement. The military
would have a larger rotating personnel presence in the country under the
Enhanced Defence Cooperation Agreement.

14
4 May 2014 Vietnamese, Chinese Ships Collide After China Moves Oil Rig

Over the last month, Vietnam and China have been involved in a series of
clashes. In disputed waters near the Paracel Islands, Vietnam has
dispatched ships to safeguard an oil rig. Both countries claim the other
rammed their ships, resulting in anti-China demonstrations. On July 15,
China's state-owned oil corporation declared that the rig will be removed a
month ahead of schedule.

2 October United States Eases Weapons Embargo on Vietnam

2014
During Foreign Minister Pham Binh Minh's visit to the United States, the
US State Department announces the lifting of a long-standing restriction
on selling weapons to Vietnam. In the face of China's rising military
capabilities, Vietnam's purchase of maritime security armament is likely to
strengthen its defense of its territorial claims in the South China Sea.

10 Xi, Abe Discuss Maritime Dispute

November
2014 A four-point agreement has been reached between China and Japan to
boost diplomatic and security ties. The accord intends to establish crisis-
management measures to prevent confrontation in the East China Sea over
disputed land. For the first time since both leaders took office, Chinese
President Xi Jinping and Japanese Prime Minister Shinzo Abe will meet.

26 October U.S. Warship Patrols Near Chinese-Built Islands

2015
To assert "freedom of navigation," a US Navy patrol sails within nautical
miles of Chinese-built islands. The patrol, according to China's
ambassador to the US, is a "severe political and military provocation." The
mission comes after a report in August 2015 indicated that China has
reclaimed roughly 3,000 acres on the Spratly Islands. China's land
reclamation operations, which include infrastructure construction, dwarf
the 100 acres amassed by rival claimants in recent years.

15
14 February China Deploys Missiles to Paracels
2016
China has deployed surface-to-air missiles on Woody Island, a landmass
in the South China Sea's Paracel Island chain. The deployment, according
to US and regional sources, may herald a "militarization" of the maritime
disputes. China claims that the deployment of missiles is within its rights
as a matter of self-defense on what it regards to be sovereign territory.

12 July Tribunal Rules Against China’s South China Sea Claims

2016
In a case that began in 2013, the Permanent Court of Arbitration in The
Hague ruled in favor of the Philippines. The panel concludes that China's
declared "nine-dash line" claims to historic rights to resources in the South
China Sea have no legal validity. Many of the characteristics are the result
of substantial land reclamation in China.

20 Duterte Bans Fishing in Shoal Waters

November
2016 At a lagoon on the Scarborough Shoal, Philippine President Rodrigo
Duterte announces the creation of a no-fishing zone and a marine
sanctuary. The shoal has been a flashpoint for tensions between China and
the Philippines. Although neither China nor the Philippines have given up
their claims to sovereignty, their leaders appear to be on the verge of
reaching an agreement.

15 China Seizes U.S. Underwater Drone

December
2016 According to the Pentagon, a Chinese warship captures a US Navy drone
that was gathering scientific data in the South China Sea. China agrees to
return the drone a few days later, but accuses the US for "inflaming" the
conflict. The Pentagon said it was an "illegal seizure" that should not be
repeated.

16
 6 January Collision Causes Toxic Oil Spill in East China Sea
2018
A cargo ship transporting grain from the United States collides with a
Panamanian-flagged, Iranian-owned tanker carrying roughly one million
barrels of natural-gas condensate. After eight days on fire, the tanker
catches fire, bursts, and sinks, killing all thirty-two crew members and
generating a large oil disaster.

18 May Chinese Bomber Lands on Island

2018
A Chinese bomber lands for the first time on an island reef in the South
China Sea. An H-6 aircraft lands and takes off from Woody Island in the
Paracels, according to a video provided by the official People's Daily.

8 June 2018 China, Japan Launch Hotline to Avoid Accidents

Japan and China establish a hotline to avert mishaps at sea and in the air
after more than a decade of stalled discussions. The two countries also
agreed to arrange frequent meetings between defense officials and experts
to keep the communication system running smoothly.

30 U.S., Chinese Warships Nearly Collide

September
2018 Near the Spratly Islands, a US destroyer narrowly misses collision with a
Chinese destroyer. The Chinese ship, the Lanzhou, came within 45 yards
of the USS Decatur, according to the Pentagon. President Trump says
President Xi Jinping "may not be a friend of mine longer" after Secretary
of Defense Jim Mattis cancels his trip to Beijing.

5 April 2019 Philippine President Alarmed by Chinese Ships

If China continues to send ships near the Philippines-occupied Thitu

Island, President Rodrigo Duterte has threatened to send troops on a
"death mission." From January through March, more than 200 Chinese
ships were spotted around the island. On the island, the Philippines were
building a beaching ramp.

17
3 July 2019 Chinese Ship Spends Months in Vietnam’s EEZ

Near an offshore oil block, the Chinese survey ship Haiyang Dizhi 8 and
accompanying ships approach Vietnam's exclusive economic zone (EEZ).
China uses ship patrols and aggressive maritime maneuvers in the years
leading up to the drill to try to prevent Vietnam from drilling in the region.
Vietnamese officials have demanded that China evacuate the ships, and
protesters demonstrated in front of the Chinese embassy in Hanoi in
August.

February Tensions Rise in South China Sea Amid Pandemic

2020
As countries in the region confront the coronavirus outbreak, China is
asserting its claims in the South China Sea more forcefully. A Chinese
naval ship is said to have fired its weapons control system at a Philippine
naval ship in the Spratly Islands in February. China launches other
research stations the next month, including defensive silos and military-
grade runways.

15 May Standoff Between Chinese, Malaysian, Vietnamese Ships Ends

2020
After a Malaysian drillship leaves the region, a standoff involving
Chinese, Malaysian, and Vietnamese ships in the South China Sea comes
to a conclusion. The ship was looking for oil and gas resources in waters
that were claimed by all three countries. When a Chinese survey ship
crossed Malaysia's exclusive economic zone in April, tensions reached a
height. The incident has prompted the US to send navy ships through the
waterways and to demand that China cease its "bullying."

13 July U.S. Declares Chinese Claims ‘Unlawful’

2020
The majority of China's claims in the South China Sea, according to US
Secretary of State Mike Pompeo, are illegal. The announcement is
consistent with a 2016 international tribunal finding that the Chinese
claims are without merit. China's foreign ministry asserts that its
accusations are correct, and accuses the US of "stoking up trouble."

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 Current Situation

The issue in the South China Sea remains as one of the largest territorial disputes as of
date. While many attempts have been made to reach a mutually agreed upon resolution towards
the matter, tensions remain high and the past years have seen multiple flare-ups in the region.

As of present date, the issue seems nowhere near being resolved as China continues to
push its dominance in the disputed waters, facing backlash from the claimant states; with
Vietnam and the Philippines being it’s most vocal oppositions. Past efforts remain inadequate as
legal and diplomatic efforts fail time and time again to put an end towards China’s advancement
in the region.

The 2016 Philippines v. China case under the Permanent Court of Arbitration, where the
case brought by the Republic of the Philippines against the People’s Republic of China sought
out to motion for a arbitral tribunal constituted under Annex VII to the 1982 United Nations
Convention on the Law of the Sea (UNCLOS) did little to halt China’s progression in the South
China Sea. While the arbitral tribunal ruled in favour of the plaintiff (the Philippines), rejecting
China’s claim of the nine-dash-line, Chinese Foreign Ministry released their response on the day
of the ruling noting that the existence of the arbitration was illegal making whatever ruling null
and void with no binding force (Shigeki, 2021).

Until today, China continues its activities in the South China Sea, ranging from its
mobilization of the world’s largest naval fleet to the development of artificial island in both the
Spratly and Paracel where they have continued to develop strategic infrastructures such as
harbors, air strips, and military bases. The “China Island Tracker'' created by the Asia Maritime
Transparency Initiative noted that as of 2021 China has sequestered much of the disputed
territory, placing 20 outposts in the Paracel Islands and seven in the Spratleys - where it has built
over 3,200 acres of new land along the existing atolls and shoals in the region. Most notable
among them include Cuarteron Reef, Fiery Cross Reef, Gaven Reefs, Hughes Reef, Johnson
Reef and Mischief Reef in the Spratlys as well as Antelope Reef, Bombay Reef, and Drummond
Island in the Paracel.

Not only for its border security, China has continued to pump money into the
development and expansion of its grip on the South China Sea for the vast resources that it holds.
The Chinese Ministry of Geological Resources and Mining estimates a total of 17.7 billion
barrels of oil may be held under the seabed of the South China Sea, and plans to begin
exploration and exploitation are estimated to start within the next few years. Chinese state-owned
company China Offshore Exploration Corp. plans to spend an estimated US$30 billion for the
next twenty years with the hopes of reaching an estimated production of 25 million metric tonnes
of crude oil and natural gas per annum within the next five years.

19
 Still the claimant states, most of which as members of the Association of Southeast Asia
Nations (ASEAN) remain steadfast in their efforts to ascertain their claim over the disputed
territories, with nations such as the Philippines strengthening cooperation over the region with
strategic dialogue partners such as the United States. Already the Philippines and the United
States have resumed military exercises in the region, amid the heightened tensions between the
Philippines and China (Venzon, 2021). But despite the pressure from this, China continues to
expand its fleet in the disputed sea, even after protests from the claimant states―resulting in
another flare-up in the issue in what is only the first three months of 2021 (Ingles & Calonzo,
2021)

20
 Case Study

The Indian Ocean and the South China Sea, which pass through the Strait of Malacca, are
crucial for logistics, connection, and the sea-based commercial sector. The South China Sea,
which stretches from the Indian Ocean to the Strait of Malacca sentry in the southwest to the
Strait of Taiwan in the northeast, has become one of the world's most important energy trade
routes. According to the United Nations Conference on Trade and Development (UNCTAD),
around 30% of global marine trade and almost 60% of petroleum products and worldwide
liquefied natural gas (LNG) move from the Indian Ocean's Strait of Hormuz and the Strait of
Malacca to the South China Sea in 2016. The Indo-Pacific waters, particularly the South China
Sea, are known for their immense natural resources, which are unquestionably beneficial to the
littoral governments. There are even some estimates and assumptions about the number of
undiscovered oil and gas resources in the South China Sea. The US Geological Survey (USGS)
estimated in 2010 that the South China Sea might hold somewhere between 5 to 22 million tons
of oil and 70 to 290 trillion cubic feet of natural gas. The Chinese National Offshore Oil
Company (CNOOC) was far more positive in its assessment of the South China Sea's potential
resources - In November 2012, they estimated the area held roughly 125 billion barrels of oil and
500 trillion cubic feet of natural gas based on their own research. Meanwhile, the US Energy
Information Administration (EIA) estimated potentially 11 billion barrels of oil and 190 trillion
cubic feet of natural gas reserves in the area in 2013. Although there is no exact figure for the
amount of oil and gas that has been preserved, numerous estimates indicate the huge potential in
the South China Sea - and given all of these factors, it's no surprise that many countries desired
to claim the territory. Given the high likelihood of at least regional conflict erupting, as well as
the potential for spillover effects to surrounding nations, many governments believe that
maritime law enforcement in the South China Sea is required, with the goal of peaceful
cooperation and economic growth.

In dealing with the South China Sea issue, ASEAN has established itself as a reliable
international organisation. This is due to a number of factors: First, several ASEAN nations are
directly involved in a territory dispute; Second, ASEAN is dedicated to maintaining its region as
a "Zone of Peace, Freedom, and Neutrality," as well as the "Southeast Asian Nuclear Weapon
Free Zone" policy; Third, ASEAN is equally close to China and the United States, so any
solutions they propose must take into account the potential consequences, as well as not being
biased towards any country. As a result, ASEAN strongly believes in and recognizes the
importance of the United Nations Convention on the Law of the Sea (UNCLOS), which is
established on universally endorsed international law principles. UNCLOS is critical for
establishing a rules-based framework for the region's maritime security and cooperation, as well
as resolving the issue of competing claims. In the case of overlapping claims in the South China
Sea territory, regional agreements and arrangements such as the Treaty of Amity and
Cooperation in Southeast Asia (TAC), the Declaration on the Conduct of Parties in the South

21
China Sea (DOC), and the ongoing negotiated regional Code of Conduct (COC) between
ASEAN and China on the basis of consensus are all important.

Other than that, ASEAN also has held a number of meetings in which all members can
discuss and consult on this issue, as well as contribute considerably to confidence building and
preventive diplomacy, such as ASEAN Foreign Ministers' Meeting (AMM), the ASEAN
Defense Ministers' Meeting (ADMM), the ASEAN Maritime Forum (AMF), as well as ASEAN
+3 (China, Japan, South Korea), ASEAN +6 (China, Japan, South Korea, Australia, New
Zealand, and India), and ADMM Plus (Australia, China, Japan, and South Korea).

22
 Past Actions

A. DOC and the 2011 Agreement

In 2002 the governments of ASEAN Member States and the People’s Republic of China
signed the Declaration on the Conduct of Parties in the South China Sea (DOC), a document that
outlined the parties agreement to seek ways to resolve the territorial disputes in the South China
Sea through confidence building measures, dialogues and many other means of self-restraint to
cool tensions among the parties.

On July 20, 2011 the People’s Republic of China, Brunei, Malaysia, the Philippines,
Taiwan and Vietnam reaffirmed this pledge through an agreed upon set of preliminary guidelines
on the implementation of the aforementioned DOC, which aimed to help begin the process of
resolving disputes in the region. This paved the way for the discussion of a South China Sea
Code of Conduct.

B. Philippines v. China 2016 Tribunal

In 2016 the Republic of the Philippines filed for an arbitration case against the People’s
Republic of China to the Permanent Court of Arbitration. The case was filed under Case Number
2013-19, also known as Philippines v. China or the South China Sea Arbitration. Although in
February that year the People’s Republic of China declared that it would not participate in the
arbitration, the case went on, with China publishing a white paper elaborating its position on the
matter. Finally in October 29, 2015 the arbitral tribunal ruled that it had jurisdiction over the case
and took upon seven of the fifteen submissions made by the Philippine. A decision was finally
struck on July 12, 2016 with the special tribunal ruling in favour of the Philippines, noting that
while it would not rule on any questions of sovereignty over land territories nor would it delimit
maritime boundaries between the parties, it had also made clear of its ruling over China’s historic
rights claim of the nine-dash-line as having no lawful effect if they exceed what they are entitled
to under UNCLOS. Both China and Taiwan have rejected the ruling.

C. Code of Conduct in the South China Sea

After the signing of the DOC, talks began among party states over what would entail a
South China Sea Code of Conduct. Although discussions and negotiations have broken down
several times over the course of the past two decades, a COC remains as one of the key points all
claimant states have regarded as crucial in resolving the matter. During the 2020 ASEAN
Regional Forum, foreign ministers from all 10 ASEAN Member States (AMS) once again called
for an expedited negotiation of the COC. Although growing tensions between US, China and
AMS have casted doubts over the possibility of a COC being formally introduced.

23
 Bloc Positions

A. ASEAN Claimant States

The Association of Southeast Asia Nation (ASEAN) is a regional intergovernmental

organisation comprising a group of 10 countries in Southeast Asia. Many of these nations are
claimants to the South China Sea including Vietnam, Malaysia, the Philippines, Brunei and
Indonesia. While these states are firm in their stance when it comes to their sovereignty over the
region, many others which are not claimants to the South China Sea, especially landlocked states
such as Cambodia and Laos are not so firm on their position and threatens to undo any push
made by ASEAN in addressing China’s aggressive move in the region.

B. The People’s Republic of China

The People’s Republic of China, and by extension Taiwan, lead a group of states that are
commonly dependent on China to favor their claim in the South China Sea. The People’s
Republic of China believes that they have full sovereignty over the South China Sea in what they
regard as “historical grounds” in which they mark their territory under what is known as the
nine-dash-line. Although disputed by many, including a ruling from the 2016 tribunal and the
United Nations Convention on the Law of the Sea (UNCLOS), China ascertains its sovereignty
over the area with its mobilization of its naval fleet and the rapid development of artificial
islands, military bases, and resource exploration in the region.

C. Third Party Non-Claimants

Several third parties and non-claimants have formally given their support for either
ASEAN or China. The United States has reaffirmed its support for ASEAN claimant states such
as the Philippines, with the US mobilizing its navy into the South China Sea and conducting joint
military exercises with ASEAN states in an effort to deter China’s advances in the region. Other
nations such as Cambodia, India and Japan have also stated their positions in varying degrees of
clarity; with most reaffirming their support for the claimant states with rights to the disputed
territory under UNCLOS.

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 QARMAs

1. How can the ASEAN Regional Forum adopt a Code of Conduct for the South China Sea,
and what would it entail?
2. How can the ASEAN Regional Forum establish a framework that ensures that parties
adhere to the COC and existing laws governing maritime such as UNCLOS and rulings
of international courts such as the PCA and the ITLOS with respect to sovereignty and
territorial integrity granted under international law?
3. How can the ASEAN Regional Framework establish a Confidence Building Measures
(CBMs) to prevent existing tensions from escalating into direct military engagement?
4. How could ASEAN Regional Framework recommend that maritime boundary disputes
be settled?
5. How Could ASEAN prevent third-parties from taking advantages from this internal
dispute?

25
 References

ASEAN National Secretariat – Indonesia. (n.d.). http://setnas-asean.id/asean-regional-forum-arf.

ASEAN Regional Forum (ARF) - ASEAN: ONE VISION ONE IDENTITY ONE COMMUNITY.
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forum-arf/.

Council on Foreign Relations. (n.d.). Timeline: China's Maritime Disputes. Council on Foreign
Relations. https://www.cfr.org/timeline/chinas-maritime-disputes.

Council on Foreign Relations. (n.d.). Territorial Disputes in the South China Sea | Global
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Djalal, Hasjim. 2016 “Toward Indo-Pacific Maritime Cooperation”, [Online]. in

http://www.thejakartapost.com/academia/2016/09/06/toward-indo-pacific-
maritime-cooperation.html [accessed on July 7th, 2021 ]

Ingles, D., & Calonzo, A. (2021, May 12). China Expands Fleet in Disputed Sea Despite
Manila’s Protest. Bloomberg. https://www.bloomberg.com/news/articles/2021-05-
12/china-adds-ships-in-disputed-sea-philippine-top-diplomat-says.

Shigeki, S. (2021, July 4). The Global South China Sea Issue. The Diplomat.
https://thediplomat.com/2021/07/the-global-south-china-sea-issue/.

United Nations Conference on Trade and Development, 2013. “Review of Maritime

Transport” [Online]. in http://unctad.org/en/PublicationsLibrary/rmt2013_ en.pdf
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US Energy Information Administration, 2013. “South China Sea Overview” [Online] in

https://www.eia.gov/beta/international/analysis_includes/regions_of_interest/Sout
h_China_Sea/south_china_sea.pdf [accessed on July 7th, 2021]

Venzon, C. (2021, April 12). Philippines and US boost defense ties amid South China Sea feud.
Nikkei Asia. https://asia.nikkei.com/Politics/International-relations/South-China-
Sea/Philippines-and-US-boost-defense-ties-amid-South-China-Sea-feud.

https://www.europarl.europa.eu/meetdocs/2004_2009/documents/fd/04_asean-
generalin/04_asean-generalinfo.pdf

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