CoC navigating murky waters
This reaffirmation of peaceful resolution of disputes ‘without resorting to the threat or use of force,’ like it or not, carried an element of farce.
Daily TribuneThis reaffirmation of peaceful resolution of disputes ‘without resorting to the threat or use of force,’ like it or not, carried an element of farce.
As far back as 2002, China and the Association of Southeast Asian Nations, or ASEAN, began discussions on a Code of Conduct in the South China Sea aimed at creating a legally binding document that would govern behavior in the disputed waters, reduce the risk of incidents, and foster cooperation among the parties involved.
Today, 21 years later, there has been little progress despite pronouncements last month that the parties concerned have agreed to accelerate negotiations. Nevertheless, it appears the year is set to end with another round of futile diplomatic deliberations.
It doesn't matter that last year, all ten ASEAN leaders gathered together with then-Chinese Premier Li Keqiang in Phnom Penh, Cambodia, to mark the 20th anniversary of the "milestone" Declaration on the Conduct of Parties in the South China Sea, which was supposed to give birth to the Code of Conduct.
Like the initial 2002 DoC, last year's reaffirmation was a soaring, aspirational document filled with pledges of mutual respect, self-restraint, adherence to international law, and the freedom of navigation under UNCLOS.
This reaffirmation of peaceful resolution of disputes "without resorting to the threat or use of force," like it or not, carried an element of farce.
As everyone knows, the South China Sea now exists under the persistent threat and occasional use of force. It is a place where many disputes are not resolved peacefully, but rather by the application and threat of violence by anyone else but China.
From using lasers and water cannons to swarming, blocking, bow-crossing and even colliding with others' vessels, Beijing's belligerent tactics have clearly demonstrated how other nations' freedom of navigation extends only where it is convenient to China.
For all intents and purposes, the Declaration's most powerful signatory has set itself up as policeman, judge, jury and jailer all rolled into one.
While the idea of a CoC seemed promising, the actual negotiations have faced numerous challenges, contributing to the prolonged stalemate. One significant hurdle is the divergent interests among the claimant states.
While some nations prioritize resolving territorial disputes and asserting their sovereignty, others focus on economic cooperation and stability. These conflicting priorities have hindered the establishment of a unified stance within ASEAN, making it challenging to present a cohesive front in negotiations with Beijing.
China's assertive actions in the South China Sea have further complicated matters. Its militarization of artificial islands and rejection of international arbitration rulings have heightened tensions and eroded trust among neighboring countries.
Likewise, its insistence on bilateral negotiations rather than multilateral talks has also been a point of contention, as some ASEAN members argue that a collective approach is crucial for achieving a fair and comprehensive resolution.
Resolving the South China Sea dispute and advancing CoC talks, to our mind, require a delicate balance between regional interests and international cooperation. ASEAN must work towards internal cohesion to present a unified front in negotiations with China. Building trust and fostering a common understanding among member states is essential to overcoming internal divisions and facilitating productive dialogue.
China, in turn, must demonstrate a commitment to peaceful resolution by refraining from assertive actions and embracing a more inclusive negotiation approach. Recognizing the importance of multilateralism and international law in resolving complex disputes is also crucial for building trust and fostering cooperation among all parties involved.
The South China Sea Code of Conduct holds the key to establishing a framework for stability and cooperation in a region marred by territorial disputes and geopolitical rivalries. However, the challenges faced in the negotiations between ASEAN and China underscore the complexities inherent in resolving such disputes.
As the parties involved navigate these murky waters, a commitment to dialogue, compromise and a collective vision for regional peace remains essential for progress in pursuing a South China Sea Code of Conduct.
Despite the urgency and the initial enthusiasm surrounding the CoC, talks between ASEAN and Beijing have struggled to make significant progress.