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Arbitral ruling that nullified vast Chinese sea claim should be part of South China Sea code of conduct – Del Rosario

Former Foreign Secretary Albert del Rosario today said the international arbitration ruling, which nullified China’s vast claim in the resource-rich South China sea, should be an integral part of a regional code of conduct being hammered out by Southeast Asian nations and Beijing.

Del Rosario, who initiated the arbitration proceedings in 2013, has called for vigilance against any effort by China to utilize the proposed code of conduct in the South China Sea to undermine the decision of the Permanent Court of Arbitration in 2016.

“Our region cannot promote the rule of law while ignoring the law as it stands,” Del Rosario said at a forum in Makati City.

Negotiating parties, he said, should ensure that the code will not legitimize Chinese claims or actions in the waters, where Beijing, the Philippines, Vietnam, Malaysia, Brunei and Taiwan have overlapping claims.

“The Association of South East Asian Nations should stress that the South China Sea is nobody’s backyard or exclusive preserve. Failure to do so would severely narrow ASEAN’s options and make it over-dependent on a single player,” he said.

Efforts to finalize the pact have dragged on for years without any sign that it will ever be completed.

But recently, China and ASEAN vowed to complete the code in three years.

A regional code of conduct aims to prevent conflicting territorial claims from erupting into violent confrontations or worse, an economically-devastating major conflict.

In place of a legally-binding code, ASEAN and China in 2002 settled for a declaration that calls on all claimants to exercise restraint and stop new occupation in the South China Sea.

However, its non-binding nature and lack of provision to sanction misbehaving claimants, render the accord useless against aggression.

China claims a huge swathe of the South China Sea as part of its territory, but the tribunal in The Hague invalidated this claim in July 12, 2016 following a case filed by the Philippines in 2013.

Beijing has ignored the ruling, insisting it has “indisputable” and “historical” claim over nearly the entire waters, even as it encroaches on the territories of its smaller neighbors like the Philippines.

Del Rosario proposed a joint consultation between the Philippines and Vietnam on key provisions of the code of conduct – a move that seeks to increase their clout and collective strength in negotiating for a stronger document text.

“Clearly, it would be a constructive move to consult with Vietnam to give us an opportunity to share and appreciate each other’s views which could lead to an agreed plan of action that is beneficial not only to both countries but to others as well,” he said.

Manila and Hanoi face a common security concern in the South China Sea: China’s increasingly aggressive postures to assert territorial claims that the two Asian nations say have impinged on their fishing rights and obstructed efforts to explore undersea hydrocarbon resources well within their territorial waters recognized under the United Nations.

In the ongoing negotiations for a code, Del Rosario said Vietnam has expressed opposition to Chinese proposals, such as the establishment of new Air Defense Identification Zones and the prohibition of military drills in the South China Sea with outside powers.

It also opposed China’s move to exclude foreign oil firms by limiting joint development deals to China and South East Asia.

“The aforementioned are all areas of major importance which should be fully supported not only by the Philippines but by ASEAN as a whole,” Del Rosario said.

Apart from the Philippines, Vietnam, Malaysia and Brunei, the bloc’s other members include Singapore, Thailand, Indonesia, Cambodia, Laos and Myanmar.

ASEAN has long held the position that the code of conduct must be legally-binding, but China opposes this. It’s not clear how this basic difference will affect the efforts by both sides to negotiate the code.

“An ASEAN consensus on the specifics, if achieved, will serve to demonstrate to the world that the 10 ASEAN states are a solid body that is willing to strongly uphold ASEAN centrality and not allow itself to be bullied and bribed,” Del Rosario said.

Staff Report

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