Progressing from the DOC the COC: a difficult route to navigate

SEAN leaders will convene in Singapore for the 33^rd ASEAN summit this week. Making progress towards an effective Code of Conduct on the South China Sea should top the agenda. 
Editorial
From the 13^th to the 15^th of November, Singapore’s Suntec International Convention will host the 33^rd ASEAN Summit. The 10 ASEAN heads of state will convene, along with representatives from the US, Japan, and Russia.
On the table for discussion is deepening economic integration, regional cybersecurity, the deepening crisis in Myanmar’s Rakhine state and the expected conclusion of the Regional Comprehensive Economic Partnership (RCEP) trade agreement.
According to the Philippines Department of Foreign Affairs, among the key discussion points on the table is the Code of Conduct (COC) over the South China Sea issue.
In August, China and the 10 ASEAN nations negotiated a draft text for the COC on the South China Sea. However, despite reports that negotiations for a final text were moving with “astonishing amity”, no further details have emerged on what the final COC might look like.
The 33^rd ASEAN Summit would be an opportunity to make significant progress on the agreement.
The longer the process is drawn out, the stronger Beijing’s position becomes
Delays to the process only bolster Beijing’s positions. China is moving towards the completion of its military outposts in the South China Sea.
China maintains it has no military intentions right now. But in the future, under a new leader or a differently inclined Xi Jinping, it may decide to flex its military might. China’s increasing naval dominance in the region will only mean future rules designed to limit its militarisation are less effective.
The commander of the US Indo-Pacific Command, Admiral Philip Davidson, now speculates that China “is now capable of controlling the South China Sea in all scenarios short of war with the US”.
 

Photo Credit: Department of Defense

It is therefore of the utmost importance that COC negotiations proceed with earnest. If ASEAN does not legally challenge China today, tomorrow it may not be able to.
The COC must build on the DOC’s failings
The draft text of the COC represents progress as a benchmark for future negotiations, but in its current form it will not build on previous efforts to limit Chinese expansionism.
In November 2002, ASEAN and China signed a Declaration of the Conduct of Parties in the South China Sea (DOC). The document was designed to increase collaboration and promote open dialogue between the claimants to avoid conflict.
The DOC did increase cooperation and kept stability for the first few years. In 2003, a joint working group made up of both ASEAN and Chinese officials oversaw its implementation. They met in 2005 and again in 2006, producing a document of six points of cooperation.
However, the DOC was ill-equipped to respond to militarization in the South China Sea. As Beijing took steps to assert its claims in disputed territories, the DOC had no mechanisms to curb its behaviour or resolve the ensuing disputes.
In order for a COC to be effective, it must address the DOC’s shortcomings and provide clear legal mechanisms for preventing militarisation and aggression and it must clearly define the geography of its scope. These were two aspects in which the DOC failed.
What are the next steps? 
The bare-bones draft outlined in August fails to advance either aspect. More information must be included to indicate how the COC will handle conflict prevention and management. However, this will not be easy.
China’s reluctance to allow any third parties into the negotiations and oversight process makes it difficult to establish a legally binding COC. Without a third party or supra-national organisation, how can a nation state be held to account for breaching the agreement?
Indonesia and Vietnam have reportedly suggested taking disagreements to the ASEAN High Council. However, China is reluctant to accept this. Even if it did, the council’s rulings would not be legally binding.
It also does not overcome China’s stipulation that no outside parties be involved in the mediation process as not all ASEAN members are claimants in the South China Sea dispute.
The CSIS Expert Working Group on the South China Sea offered an alternative dispute resolution process. It suggested ASEAN and China establish a South China Sea panel of maritime experts, with each claimant country nominating four experts to the panel. In the event of a dispute, the claimant countries would nominate several experts to meet and work over a solution.
Even if all parties cannot agree on a dispute resolution mechanism, the COC can still improve on the DOC by removing potential conflict triggers. At the heart of the South China Sea territorial disputes are two major flashpoints of conflict; fishing rights and fisheries, and resource exploration and development.
At the very minimum, the COC should reduce the potential for conflict
At the very least, the COC should aim to reduce the potential conflict surrounding these issues. This could be done in several ways.
Agreeing on a universal definition of illegal fishing is low-hanging fruit. Currently, each nation defines illegal fishing in a different way, causing skirmishes in disputed territories like those between Indonesian warships and Chinese fishing vessels.
Establishing regional regulations stipulating that all fishing vessels have radio communication would mean boats that become embroiled in conflict have a means of communication to resolve the situation before it escalates.
The COC should also aim to establish an effective protocol for opening bilateral talks over resource management and oil and gas exploration efforts in the region. The protocol should mandate dialogue between affected claimants before any exploration or development activity can take place.
Without going further than the DOC, the COC will represent a missed opportunity. As the South China Sea increasingly becomes a hotbed for aggression and a potential flashpoint for conflict, the region is crying out for a Code of Conduct that pulls claimants back from the brink and lays out clear processes for handling disputes.
The region cannot afford to wait any longer. As China continues to expand its navy and broaden its militarisation of the region, its future negotiation position will only be stronger. The COC should take the front seat in any ASEAN negotiations. Without it, ASEAN’s future existence is under threat.

(Source: aseantoday.com)

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33rd ASEAN Summit, another opportunity for resolving disputes in the South China Sea?

The forthcoming ASEAN Summit in Singapore

From 11-15 November 2018, Singapore will host the 33rd ASEAN Summit and related conferences. It is expected that there will be about 12 meetings of ASEAN leaders and between ASEAN and its partners (China, Japan, South Korea, India, Australia, United States, Russia, UN and invited guests such as EU, Canada, IMF, Chile ...). Approximately 60 instruments will be adopted or recognized, with a broad range of areas of ASEAN cooperation and those with Partners, as well as regional and international issues of common interest.

Joint Steering Committee Meeting (15-16 October, 2018 in Singapore) in preparation for 33rd ASEAN Summit and related conferences 

The Partners are expected to actively participate in and contribute at conferences within the framework of the forthcoming 33rd ASEAN Summit, which will announce many new cooperative initiatives with ASEAN, as well as actively partake in discussions, together ASEAN, to build on issues that are affecting the security and stability of the region in order to strengthen cooperation in responding to the challenges posed. Naturally, security issues and cooperation at sea, especially in the South China Sea, are anticipated and expected the most.

The South China Sea issue

Regarding this, the current situation in the South China Sea has been subdued since the time of the arbitration (July 2016), but there are still many complex issues. It is the illegal construction and strengthening of artificial islands and military operations in the South China Sea.
There have been a number of proposals for peaceful resolution of disputes, including solutions to the use of conciliation mechanisms, arbitration mechanisms and open consultations in accordance with the United Nations Convention on the Law of The Sea (The UNCLOS) in 1982. In spite of that, almost all of proposals noted that with the use of any dispute settlement mechanisms, parties should also strictly adhere to international law, including the PCA’s arbitration ruling on the South China Sea issue.
On the Chinese side, the basis for claiming sovereignty is not the current international law or even historical control over the South China Sea. In 2016, the arbitral tribunal, established in accordance with Annex VII of UNCLOS, concluded that China had no legal basis for asserting historic rights within the “nine – dash line” area. After a lengthy investigation, the Arbitration Tribunal also found that there is no evidence that China has historically exercised monopoly control over the waters or its resources. In preference, the Arbitration Tribunal found that much of China's maritime and commercial history in the South China Sea was simply the exercise of the freedom to operate in the current sea areas under international law. Furthermore, since none of the topsoil structures claimed by China- rocks in the Spratly Islands and Scarborough Shoal - are technically considered to be “islands” under UNCLOS by the arbitral tribunal, they are not the basis for making claims or maritime interests, such as exclusive economic zones.

China’s strategies

Alternatively, the “nine-dash line” derives from China's growing national interest in ensuring that its periphery and its access to significant trade routes. Like emerging imperial powers, China is facing up the challenge of linking its borders with greater ambition and a growing appetite for its resources and markets.
It is not just a coincidence that Beijing's blatant island-building campaign in the South China Sea began seriously in the same year China overtook the United States as the world's largest trading nation. Since 2013, the Asian Maritime Transparency Initiative has reported that China has dredged and built unprecedented artificial islands in the Spratly Islands, creating a new land of almost 1,300 hectare, along with significant expansion of its presence in the Paracel Islands. And Beijing now had to deal with an unsafe front.

China's expanding the construction of its facilities on Fiery Cross Reef. Provided by the Asia Maritime Transparency Initiative (AMTI).

 
The only thing that ASEAN nations can do, should they really want to stand together against China, is to first try to facilitate developent on the individual countries’ economies and together progressively reduce their dependence upon Chinese products, markets, and aid. ASEAN should trim down competition between its members, escalate internal aid programs, and exchange technology and experiences. Only when each and every ASEAN nation is strong enough and really enjoys cooperation within the region, then can a common approach finally be acknowledged. But in the age of a booming ASEAN, there would no longer be a need to raise this hypersensitive issue against China. Seeing ASEAN growing stronger economically will coax China to behave moderately — to cooperate rather than launch the offensive in the South China Sea. This is the only peaceful and comprehensive solution to the conflict.
From this point of view, the Trump’s administration increasing FONOP in the South China Sea could yield results beyond the stated goals of maintaining international law and maritime transport. The US’s naval advantage and combat readiness can also be interpreted as a threat to China's failure to access foreign markets and energy supplies. In May 2018, the Chinese military launched a long-range bomber landing at Phu Lam Island in the South China Sea in the first time, further facilitating the deployment of Beijing's forces in the area that includes US pre-emptive positions.

         Speaking after the meeting with Japanese officials in Singapore on October 19, 2018, The US Secretary of Defence James Mattis said: "ASEAN and its partners need to work closely together and confirm the cooperation so that no single country could rewrite international regulations for this sea route, and that the United States would continue to operate campaigns in the air, at sea and wherever permitted by international law and national interests"

The peaceful mechanisms for resolving disputes?

The big question of policy is that to prevent China from silent militarization of the islands in the South China Sea, the United States needs an ally. The liberal maritime unions are expanding. The next step for China seeing that not only the United States wants to uphold freedom of navigation is the exercise of maritime patrols with allies. The sanctions imposed on companies involved in land reclamation are also one of the tools that can be taken into account. In terms of international law, the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) will not damage the United States, but it is unlikely. Encouraging states to follow the Philippines and bringing this issue to the International Court of Arbitration could be a beneficial step to force China and claimants to clarify their claims and the legal basis for such claims based on international law.
Meanwhile, the purpose of the COC is to modulate the conduct of the parties so there will be no clashes or shooting war in the South China Sea. The COC is not intended to resolve the merits of the South China Sea dispute. The South China Sea dispute involves territorial and maritime disputes. There is already a dispute settlement structure for the merits of the maritime dispute, and that is found in UNCLOS to which all disputant states in the South China Sea are parties. The merits of the dispute should continue to be administered primarily by the UNCLOS dispute settlement mechanism. Thus, the COC regulates the conduct of parties to the dispute, while UNCLOS settles the merits of the dispute among the parties. Although related, these are essentially two different issues.
On the whole, the principle of peaceful resolution of disputes is a fundamental principle of international law, forcing states to resort to peaceful and non-violent means of resolving national disputes. In the dispute settlement process in the South China Sea, countries are committed to peaceful settlement of disputes as well as expressing agreement on not complicating or expanding disputes. It is an international obligation that all parties must adhere to.
And all the media and international community are really expecting a good result, a good sign from the 33rd ASEAN Summit in Singapore, where challenge the central role of the organization itself as well. The test also assesses the degree of coherence and responsibility of regional countries with regard to common issues, particularly peace and stability in the South China Sea.

(Souce: hugpages.com)

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New factors complicating South China Sea disputes

China's continued reclamation and militarization in the South China Sea are undermining mutual trust and regional peace and stability, said experts.
The increasing deployment of drones and underwater unmanned vehicles to the South China Sea is further complicating the situation, while regulations on the use of such vehicles and a code of conduct for claimants remain absent.
Scholars attending a seminar on the South China Sea in Da Nang City, Vietnam, last week raised concern that increasing militarization and presence on the sea, under the seabed and in the air remain the biggest threat to the South China Sea. Such activities have been taking place at very fast pace. Dual facilities under the name of civilian works, such as meteorological stations, have also been expanded rapidly.
China's new moves raise concern
China's deployment of drones and underwater unmanned vehicles to the South China Sea to improve real-life combat ability, collect samples from the seabed and reconnaissance have raised concerns among neighbor nations. In particular, the increasing use of underwater unmanned vehicles to the South China Sea is fueling new legal debates. The lack of international standards in the use of such vehicles is likely to increase the risk of conflict in the future.
"In 2018, China continued to consolidate the infrastructure on its seven artificial islands and progressively militarize these features; it deployed electronic jamming equipment and installed surface to air and anti-ship missiles,' stated Professor Carlyle Thayer at the University of New South Wales.
Though the South China Sea has appeared to be quieter recently, various dangerous incidents raise risks of miscalculation. The U.S. Navy destroyer USS Decatur had to maneuver to avoid a collision on September 30 after a Chinese warship came within 45 yards of its bow as the American ship transited Gaven Reef of the Spratly. CCTV on September 29 reported that Chinese Navy deployed tens of fighters and bombers to join a live fire drill on the South China Sea. Experts expect that Chinese leaders may choose to raise tensions in the South China Sea again to distract domestic criticism from the trade war between the US and China.
The Philippines has quietly pivoted back to the US since Beijing has not exercised self-restraint despite President Rodrigo Duterte's efforts to show goodwill toward China.
China has recently opened weather observation stations on Fiery Cross, Subi and Mischief reefs in the Spratly. Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, did not think that the stations would be used to "provide public service' as China said. "Weather stations on military bases also serve the purpose of the military base,' he stated.
Effective COC should be concluded soon
Scholars agreed that the situation on the South China Sea demand China to give up excessive claims which violates international laws, including UNCLOS 1982, so as to narrow disputes, gradually solve disputes by peaceful means. China and Asean have attempted to negotiate the COC, but this process may take years to be finalized. China and Asean members drew up a Framework COC and then reached agreement on a Single Draft South China Sea Code of Conduct Negotiating Text.
Washington-based Center for Strategic and International Studies has recently brought together prominent experts on maritime law, international relations, and the marine environment to propose a blueprint for a South China Sea COC. Any proposal to manage the disputes needs goodwill of claimants to come into practice. Besides COC, Asean could also actively propose other initiatives for the sea, such as a code for unplanned encounters at sea or standards for treating plastic waste at sea, experts said.
Since certain countries have different interpretations of UNCLOS 1982 so as to avoid abiding the Arbitral Tribunal's decision, scholars suggest Asean to actively invite other countries to join dialogues in order to reach common interpretation and application of UNCLOS on the South China Sea as well as other regulations on freedom of navigation.
On 12 July 2016, the Arbitral Tribunal hearing the claims brought by the Philippines against China issued a unanimous Award that found against China. According to the ruling, there is no legal basis for China to claim historic rights to resources within the sea areas falling within "nine-dash line". Also according to the ruling, China violated its obligations to refrain from aggravating or extending the parties disputes during the pendency of the settlement process.
In their annual summit to be held in Singapore in mid-November, leaders of Asean countries and and China will touch upon developments in the South China Sea amid China's continued reclamation and militarization in the sea.
Asean leaders are expected to adopt a statement expressing concern over China's illegal activities in the South China Sea, because the activities, including the completion of artificial islands in the sea are undermining mutual trust and regional peace and stability, said experts./


 (Souce: theusnews.com)

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ASEAN emphasizes importance of non-militarization, self-restraint in South China Sea

At the 33rd ASEAN Summit on 13 November 2018 in Singapore, heads of state/government of ASEAN member states reached consensus on further developing the ASEAN Community on three pillars, namely political-security, economic and socio-cultural, while emphasizing the importance of non-militarization and self-restraint in the conduct of all activities in the South China Sea.

7 documents adopted

The leaders reaffirmed their commitment to the full and effective implementation of the ASEAN Community Vision 2025 and the ASEAN Leaders' Vision for a Resilient and Innovative ASEAN. At the summit, they adopted 7 documents at the summit, including ASEAN Smart Cities Framework; ASEAN Declaration on Promoting Green Jobs for Equity and Inclusive Growth of ASEAN Community; ASEAN Enabling Masterplan 2025: Mainstreaming the Rights of Persons with Disabilities; ASEAN Joint Statement on Climate Change to the 24th Conference of the Parties (COP 24) to the United Nations Framework Convention on Climate Change (UNFCCC); ASEAN Joint Statement to the Fourteenth Meeting of the Conference of the Parties to the Convention on Biological Diversity; ASEAN Declaration on the Adoption of the ASEAN Youth in Climate Action and Disaster Resilience Day; and Declaration on the Guidelines on Consular Assistance by ASEAN Member States' Missions in Third Countries to Nationals of Other ASEAN Member States.

ASEAN leaders underscored the importance of strengthening ASEAN Centrality and unity in the ASEAN Community-building efforts and engagement with the block's external partners. They reiterated their commitment to a rules-based regional architecture that is open, transparent and inclusive, building on ASEAN-led mechanisms including the ASEAN Plus One, ASEAN Plus Three (APT), East Asia Summit (EAS), ASEAN Regional Forum (ARF), and ASEAN Defense Ministers' Meeting-Plus (ADMM-Plus).
ASEAN leaders reaffirmed their shared commitment to maintaining and promoting peace, security and stability in the region, as well as to the peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force, in accordance with the universally recognised principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
Vietnamese Deputy Foreign Minister Nguyen Quoc Dung told reporters that leaders at the 33rd ASEAN Summit, summits between ASEAN and China, Japan, South Korea, the US, Russia, Australia, and India, the ASEAN Plus 3 meeting with China, Japan and South Korea, the East Asia Summit, and the meeting of the Regional Comprehensive Economic Partnership (RCEP) member states adopted a total of 63 documents to lay a foundation for ASEAN cooperation and its collaboration with partner countries in the fields of politics, security, economy, and socio-culture in coming years.

COC negotiations to be concluded in next 3 years?

Regarding China's proposal to conclude the negotiations on a Code of Conduct in the South China Sea (COC) within the next three years, the deputy minister said the negotiations need a favorable environment towards reaching a practical and effective COC in compliance with international law and the UNCLOS, making effective contributions to peace, stability and security in the region in general and in the sea in particular.
On November 15, after the conclusion of the 33rd ASEAN Summit, Philippine President Rodrigo Duterte and Japanese Prime Minister Shinzo Abe had a bilateral meeting, reaffirming to maintain freedom of navigation in the South China Sea. "Both leaders also discussed issues pertaining to the disputed South China Sea, during which President Duterte stressed the Philippines' commitment to uphold the principles of freedom of navigation and overflight, freedom of commerce and other lawful activities, exercise of self-restraint, and the peaceful resolution of disputes,' stated Philippine presidential spokesperson Salvador Panelo.
On November 16, US Vice President Mike Pence on November 16 called on ASEAN to soon finalize an effective and binding COC.
Most of ASEAN partners have pledged to join hands in creating a favorable environment for dialogue, cooperation and trust building in a bid to turn the sea into a sea of peace, cooperation and development through the effective and practical negotiations on the COC based on international law, including UNCLOS. At the 33rd ASEAN Summit, Chinese Premier Li Keqiang also affirmed that China will continue working with ASEAN in completing the COC within the next three years and in fully implementing the Declaration on the Conduct of Parties in the South China Sea (DOC), thus contributing to peace, stability, safety and freedom of navigation and aviation, and free trade in the sea.

ASEAN voices concern

However, ASEAN leaders voiced concern about the land reclamations and militarization in the South China Sea. "We discussed the matters relating to the South China Sea and took note of some concerns on the land reclamations and activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region,' reads the Chairman's Statement of the 33rd ASEAN Summit
The ASEAN leaders reaffirmed the need to enhance mutual trust and confidence, exercise self-restraint in the conduct of activities and avoid actions that may further complicate the situation, and pursue peaceful resolution of disputes in accordance with international law, including the UNCLOS. "We emphasised the importance of non-militarization and self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the DOC that could further complicate the situation and escalate tensions in the South China Sea,' the chairman's statement reads./.

( Source: asiapacificnews.net)

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The Policy’s ASEAN Toward East Sea Issue in Nowadays

Nguyen Dinh Chien, Vietnam Institute of Defense Strategies

Abstract. The policy’s Asian toward East Sea issue always topical issues, attracting the attention of international public opinion and the region. In July 2016, after the Court of Arbitration in La Haye ruled the East Sea, but the East Sea does not appear to wind waves, but still flowing underground water line, not quiet. Assessing the changing ASEAN’s East Sea policy’s significant in the past two years. Naturally, said the overall situation changes Nanhai also need to evaluate the change of institutional policy other action - especially change US policy, ally and partner of the United States.

Keywords: ASEAN, East Sea, The policy.

1. ASEAN's Policy Situation in the East Sea:

Recently, the 32nd ASEAN Summit held in Singapore, there were many issues mentioned at this conference, which’s an especially important issue for regional security is to analyze the contents related to the East Sea in Declaration of ASEAN Chair in the past two years may find some subtle change in the policy’s East Sea ASEAN. In addition to the joint statement by the ASEAN Foreign Ministers, the ASEAN Chair's Statement is the most explicit statement of ASEAN's official stance. From September 2004 until now, the ASEAN Summit announced a total of 4 Declaration of the President, The Declaration of the 28th-29th ASEAN Presidencies in Vientiane, Lao PDR, in September 2016, Declaration of the 30th ASEAN Chairman in Manila, Philippines in April 2017, Declaration of the 31st ASEAN Presidency of Manila in the Philippines in November 1974 and the Declaration of the 32nd ASEAN Chairmanship in Singapore on 28 April.

Policy content of the ASEAN ‘s East Sea issue is expressed in these documents is the overall improvement in relations between ASEAN and China, especially evolved when negotiations on the Code of Conduct in the South China Sea - COC. In 8/2016, the parties related to the South China Sea have decided to accelerate the negotiations COC. In May 2017, senior officials from China and ASEAN discussed through the COC. On 06/8/2017, the China-ASEAN Foreign Ministers announced the achievement of the draft COC framework (Observer, 2017), this draft framework was adopted at the ASEAN-China Senior Officials Meeting on the implementation of the Declaration on the Conduct of Parties in the South China Sea, abbreviated SOM-DOC in Guiyang, China on 19 May, 2017. In 11/2017, Summit China - ASEAN official statement COC start negotiations.

2. Major Factors in ASEAN Policy Towards the East Sea:

Consider four of the Declaration of ASEAN Chair, can see the views of ASEAN on East Sea issue has five big factor as follows:

The first’s to clearly demonstrate the macro-objective of the East Sea. These four texts reaffirm the importance of maintaining peace, security, stability and freedom of navigation and flying through the East Sea. The Declaration of the 31st ASEAN Presidency issued by the Philippines in November 1974 in Manila further clarified the importance of safeguarding maritime security and order based on the general rule. The Declaration of the 30th and 32nd ASEAN Presidents expressed the perception that the interests of the South China Sea are peaceful, prosperous and stable waters. In general, ASEAN's position on the East Sea high inheritance.

The second factor is the assessment of the situation in the East Sea. Words and expressions on this issue are new in the five elements, reflecting the consensus within ASEAN. The Declaration of the 28th and 29th ASEAN Presidents expressed deep concern over the recent and present situation, with regard to the current status change and escalation of action in the East Sea, while worries these actions increased the tension, may affect peace, security and stability of the region. Expressions of deep concern’re the wording atmosphere of tension in the East Sea in the present context.

The Declaration of the 30th ASEAN Chair in April 2017 only paid attention to the concerns of some leaders over the recent activity in the East Sea. Declaration of the 31st ASEAN Chairman in November 2017 also mentioned this issue. However, in terms of the wording of this declaration, the two countries depend on ASEAN's rotating presidency in 2017 in the Philippines. In that year, Duterte government to improve relations with China, intended to reduce tensions in the East Sea (Declarations, 2007). Although the Declaration of ASEAN Chair locks 32 no phrase deep concern while referring to the concerns about changing the status quo, escalating actions in the East Sea, anxious for peace, security and stability in the East Sea. This proved positive factor in the perception of ASEAN East Sea situation ‘s somewhat increased compared to 2016.

The third factor in ASEAN's view of the East Sea issue ‘s that the proposal situation for action complicating China's situation. The declaration of the 28-29 ASEAN Presidency reaffirms the need to strengthen mutual and building trust, restrain unsettled behavior, avoid jobs that can complicate the situation’s form, settlement of disputes by peaceful means on the basis of international law, including the United Nations Convention on the Law of the Sea 1982 - UNCLOS. At the same time, underscoring the importance of demilitarization and self-restraint in all actions including the change of status in the Hoang Sa and Truong Sa archipelagos can lead to complexity of the situation and increase tension in the East Sea. Remarkably, the way the requirements of non-militarization and self-restraint are addressed in these four statements is somewhat different. The text that has the softest phrases is the Chairman's statement of April 30, 1971, reiterating the importance of strengthening mutual trust and building trust, maintain self-control action, avoid actions that could lead to complicating the situation, settle disputes by peaceful means, without threatening the use of force.

Declaration of ASEAN Chair 32 has just been announced basically agreed with the statement by the ASEAN Chair 28-29, but thinner soft words emphasize the importance of demilitarization and self-restraint in all actions, including actions that could complicate the situation and increase tensions that DOC mentioned. This consistency demonstrates that China's military action and strategic action in the East Sea’ re the basis for ASEAN to assess China's strategic intentions and develop response strategies.

The fourth factor in ASEAN's view of the East Sea issue ‘s that in order to maintain peace and stability in the East Sea, it ‘s necessary to strengthen confidence building, eliminate doubts among the parties. In this regard, four of the Chairman Statement on not differ essentially anonymous. The text stressed the importance of measures of mutual trust, welcomed the application of the South China Sea two options implemented soon include hotline diplomat, rules for handling the collision unwanted in emergency situations at sea between ASEAN - China.

The fifth factor in ASEAN's view of the South China Sea is its stance in the Declaration of Conduct on the East Sea - the DOC and the COC. ASEAN emphasized the comprehensive and effective implementation of the DOC while encouraging the parties to quickly implement the COC. Words in the Declaration of the ASEAN Chair, 28-29 June 2016 (ASEAN, 2016) is the strongest, emphasizing the urgency of implementing the DOC and negotiation the COC. Speaking at the closing ceremony, Lao Prime Minister Thongloun Sisoulith declared ASEAN 28-29 Summit successful and thanked for support and cooperation of ASEAN Member States, Dialogue Partners and external partners; It also stresses that 2016 is only the first year of implementation of the ASEAN Community Vision 2025 (ASEAN, 2017), ASEAN Summit on 28-29 this time through many documents to turn vision into reality as a dynamic ASEAN community ‘s important, but the next step will be a very important meaning by ASEAN should turn it into the document specific action (VietnamPlus, 2016).

Declaration of the 30th ASEAN Presidency and 31st 2017 (HUU, 2017) emphasized the progress ASEAN-China cooperation, the urgent requirements. Declaration of the 32nd ASEAN Chairman (Philstar Global, 2018)  newly published warmly welcomed progress of China-ASEAN cooperation, at the same time, the emphasis being placed on deepening the negotiation of COC.

ASEAN can see the overall satisfaction with the progress of negotiations COC while tying the level of cooperation with China with COC negotiations progressed. Cooperation between China and ASEAN in the past two years on the implementation of DOC and COC deployment negotiations positive, remarkable. In 2016, ASEAN's attitude towards China over the East Sea issue ‘s somewhat skeptical of China's words and actions in the East Sea, thus stressing the urgency of implementing the DOC and negotiating COC. After 2017, ASEAN feels the urgency of the COC process. Future negotiations progressed surely how developments will affect ASEAN's policy on the East Sea issue.

3. ASEAN's Policy Towards the East Sea Issue:

Examining from the analysis of the five major elements of ASEAN's position on the East Sea can see the comments of ASEAN in the past two years for the East Sea situation ‘s generally positive trend, but that positive nature should continue to be reinforced, more consensus in both present and future. For example, after the situation in the East Sea in 2017 is tense, ASEAN's remarks on the East Sea in 2018 continue to be more straightforward and complex. ASEAN should uphold the spirit of unity, unified view of the East Sea. Therefore, the demand for non-militarization and self-restraint, to maintain a peaceful and stable environment is always the view of ASEAN, which is also a strong signal.

In addition to analyzing the above, we can also find the evolution of ASEAN's view of the East Sea from the change in the order of major factors in the system of factors in ASEAN's position on East Sea. The Declaration of ASEAN Chair 28-29 began with deep concern over the situation in the East Sea, stressed the importance in preserving peace and stability in the East Sea, then make recommendations to act, stating the urgency of implementing the DOC and negotiate the COC, the two measures to be taken soon as the hotline between the diplomats and the rules for handling collisions unintended where the sea was ranked last. Concern for the East Sea situation is only ranked third, the East Sea order is ranked first, second is the early solution, the last one is the action proposal. The 31st ASEAN Presidency's remarks refer first to the improvement of ASEAN-China relations and to the negotiation of the COC, followed by the welcome implementation of the early measures, then reiterated the importance of maintaining order in the East Sea, finally make recommendations for action. The Declaration of the 32nd ASEAN Chairmen first mentioned the importance of maintaining the South Sea Order, followed by the progressive negotiation of the COC and the solution was made early, then expressed concern about the situation in the East Sea, finally reminding the motion for action.

From that point of view, in addition to the Declaration by the ASEAN Chair on 28-29 2016, the remaining three ASEAN Chairmen 's Declarations also highlight ASEAN' s concerns about the situation in the East Sea to the first position of the contents in discussion and statement. But these documents emphasize the importance of protecting the environment of peace and stability in the East Sea and promote negotiations COC. Therefore, environmental protection and peace in the East Sea’re to promote common COC negotiation of ASEAN and China on the East Sea should be further discussed and seriously implemented in practice.

4. ASEAN's Consistent Policy Toward the East Sea Issue:

The Chairman's statement showed ASEAN's consistency in the East Sea issue. The ASEAN member countries wanted an East Sea peace and stability, all disagreements conflict of sovereignty island must be resolved by peaceful means, based on the system of international law, international marine law and provisions of UNCLOS. Through the ASEAN Chairman's statement of 28 to 31 courses showed an expression of consistency important about the views of ASEAN on East Sea issue.

Comprehensive respect of the ASEAN countries for the legal process and diplomacy is the general view of the ASEAN member countries in this context such as Indonesia, Malaysia, Philippines, Singapore,and Vietnam. ASEAN has also affirmed its deep concern over the recent and present situation in the East Sea, including the change of status and militarization of the East Sea. Most ASEAN members are welcome legal process and diplomacy in resolving East Sea issue.

5. Conclusion

The most important in early decades of the XXI century, ASEAN has an increasingly common policy towards the East Sea issue, which’s to ensure freedom of navigation aviation in the East Sea, any conflicts over a conflict over sovereignty over islands should be resolved by peaceful means. Stakeholders must respect international law, apply the international maritime law, UNCLOS to delimit the sea, resolve maritime sovereignty disputes, at the same time, they oppose the military actions of the East Sea, which affect the peace and stability of the East Sea, the region and the world./.

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Vietnam highlights ASEAN role in resolving South China Sea issues

Vietnam has stressed ASEAN’s role in resolving issues in the South China Sea, and maintaining peace and stability in the region.

Vietnamese Deputy Foreign Minister Dang Dinh Quy made the remarks at an unofficial annual meeting between ASEAN foreign ministers on Friday. The meeting was held on the sidelines of the 73rd Session of the UN General Assembly in New York City, U.S, the Vietnam News Agency reported.

Quy said all parties should strive to act in accordance with the Declaration on the Conduct of Parties (DOC) in the South China Sea, known in Vietnam as the East Sea, as well as push negotiations to pass the Code of Conduct in the South China Sea (COC) as soon as possible. Solidarity and unity within ASEAN play a key role in maintaining peace and stability within the region, he affirmed.

     Echoing Quy, ASEAN foreign ministers agreed that the bloc needs to maintain its solidarity and unity on the foundation of multilateralism and free trade.

Later the same day, at an ASEAN-UN Ministerial meeting, delegates reiterated that regional and international disputes should be resolved in accordance with international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS).

  Last month, ASEAN and China successfully adopted a single draft negotiating text on the COC at the 51st ASEAN Ministerial Meeting (AMM 51) in Singapore.

 This adoption, achieved after years of negotiation between both sides, is among the significant positive developments in the situation.

 Vietnam will work with the UN and the ASEAN Institute for Peace and Reconciliation to hold the ASEAN-UN Regional Dialogue on peace and reconciliation later this year.

(Souce: vnexpress.net)

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Vietnam calls for full, effective implementation of DOC

(Deputy Foreign Minister Nguyen Quoc Dung. (Photo: VNA) )

Vietnam always calls on all concerned parties to avoid militarisation, restrain, implement the Declaration on the Conduct of Parties in the East Sea (DOC) fully and effectively, and build a practical and effective Code of Conduct in the East Sea, a Vietnamese diplomat has said.

The statement was made by Deputy Minister of Foreign Affairs Nguyen Quoc Dung who led a Vietnamese delegation to attend the 16th ASEAN-China Senior Officials’ Meeting (SOM) on the Implementation of the DOC held in Manila, the Philippines, from October 25-26.

Dung said that the escalating militarisation and strategic competition between powers are likely to cause serious and unexpected incidents that threaten peace, security and stability in the region and the world.

Sharing the COC negotiation process, the Vietnamese official said that besides common perceptions, the document needs to equalise and take parties’ interests into account, map out principles and orientations for cooperative activities, and create a framework to maintain dialogue on the East Sea in the time to come.

Reviewing the East Sea situation and the implementation of the DOC, many countries showed their concern over the increasing militarisation, unilateral acts and risks of conflicts between the countries’ armed forces.

The SOM emphasised the importance of ensuring peace, stability, security, safety and freedom of aviation and navigation in the East Sea through dialogue and cooperation, the full and effective implementation of the DOC and greater efforts to build a practical and effective COC that conforms with international law, especially the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

On this occasion, the ASEAN and Chinese senior officials agreed to extend the action plan on the implementation of the DOC during 2016-2021.

They also acknowledged the ASEAN-China Joint Working Group (JWG)’s efforts to negotiate the COC, urging the JWG to step up exchanges and discussions to achieve effective negotiations in the coming time.

Earlier, on October 24-25, the ASEAN-China JWG on the implementation of the DOC convened its 26th session in Manila.

(Souce: vov.vn)

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ASEAN: Recent militarization in S. China Sea 'erodes trust, confidence'

By Luchi de Guzman, CNN Philippines

Regional leaders expressed concern over the militarization of contested areas in the South China Sea, as the 32nd Association of Southeast Asian Nations (ASEAN) Summit in Singapore drew to a close.

"We discussed the matters relating to the South China Sea and took note of the concerns expressed by some Leaders on the land reclamations and activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region," the leaders said, in the ASEAN Chairman's statement issued Saturday.

Apart from the Philippines and China, ASEAN states Brunei, Malaysia, Indonesia, Vietnam and Thailand also have claims in parts of the South China Sea.

Last February, local news outfit Inquirer.net released photos of China's continued construction of air and naval structures in the contested Spratly group of islands.

"We emphasized the importance of non-militarization and self-restraint in the conduct of all activities by claimants and all other states," the statement read.

ASEAN leaders stressed the need for the implementation of the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety, for there to be mutual trust between parties and the pursuit of a peaceful resolution in the conflict in accordance to international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

The DOC is a 2002 document meant to facilitate a peaceful resolution to the maritime conflict in the disputed areas.

"We warmly welcomed the improving cooperation between ASEAN and China and were encouraged by the official commencement of the substantive negotiations toward the early conclusion of an effective Code of Conduct in the South China Sea (COC) on a mutually-agreed timeline," said the statement.

During the ASEAN meeting, President Rodrigo Duterte on the sidelines held bilateral talks with Vietnamese Prime Minister Nguyen Xuan Phuc.

When the Vietnamese leader raised the South China Sea issue, Presidential Spokesperson Harry Roque said Duterte told Phuc he is not "abandoning, ignoring, or setting aside" the landmark arbitral ruling that invalidated China's claims over most of South China Sea.

"He made it very clear to a head of state that he recognizes the gains of the arbitral award and that he will refer to the arbitral award in due course," Roque told reporters in Singapore, the summit's venue.

The Chinese government, however, believes it has the right to build structures in the disputed areas.

"The Nansha Islands are China's territory," said Chinese Ministry of Defense Spokesperson Senior Colonel Ren Guoqiang in a statement on April 11. The Nansha Islands is the Chinese name for the Spratlys.

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U.S. says will be consequences for China's South China Sea militarization

The United States has raised concerns with China about its latest militarization of the South China Sea and there will be near-term and long-term consequences, the White House said on Thursday.

U.S. news network CNBC reported on Wednesday that China had installed anti-ship cruise missiles and surface-to-air missile systems on three manmade outposts in the South China Sea. It cited sources with direct knowledge of U.S. intelligence.

Asked about the report, White House spokeswoman Sarah Sanders told a regular news briefing: “We’re well aware of China’s militarization of the South China Sea. We’ve raised concerns directly with the Chinese about this and there will be near-term and long-term consequences.”

Sanders did not say what the consequences might be.

A U.S. official, speaking on condition of anonymity, said U.S. intelligence had seen some signs that China had moved some weapons systems to its artificial islands in the Spratly archipelago in the past month or so, but offered no details.

CNBC quoted unnamed sources as saying that according to U.S. intelligence assessments, the missiles were moved to the Spratlys within the past 30 days to Fiery Cross Reef, Subi Reef and also Mischief Reef, which is 216 km (135 miles) from the Philippines, well within Manila’s Exclusive Economic Zone.

They would be the first Chinese missile deployments in the Spratlys, where Vietnam, the Philippines, Malaysia and Brunei have rival claims.

China’s defense ministry did not respond to a request for comment. Its foreign ministry said China has irrefutable sovereignty over the Spratlys and that necessary defensive deployments were for national security needs and not aimed at any country.

“Those who do not intend to be aggressive have no need to be worried or scared,” ministry spokeswoman Hua Chunying said.

‘UNIQUE RESPONSIBILITY’

Close U.S. ally the Philippines, which is now pursuing strong ties with its historic rival China, gave a cautious response on Friday to the reported deployment.

“With our recently developed close relationship and friendship with China, we are confident that those missiles are not directed at us,” said Harry Roque, spokesmen for President Rodrigo Duterte.

“Be that as it may, we would explore all diplomatic means to address this issue.”

Julie Bishop, the foreign minister of U.S. ally Australia, said the report, if accurate, would be a concern as the actions would be contrary to China’s stated aspiration not to militarize features it controls.

“China, of course, has a unique responsibility as a permanent member of the Security Council, to uphold peace and security around the world,” Bishop told reporters in Australia.

“Any action to militarize unilaterally features in the South China Sea would go against that responsibility and that role.”

CNBC said the YJ-12B anti-ship cruise missiles allowed China to strike vessels within 295 nautical miles. It said the HQ-9B long-range, surface-to-air missiles could target aircraft, drones and cruise missiles within 160 nautical miles.

Eric Sayers, a former consultant to the commander of the U.S. Pacific Command, called the missile deployment “a major escalation” and said one immediate U.S. response could be to rescind Beijing’s invitation to this year’s RIMPAC multilateral naval exercises beginning in Hawaii in July.

“When China sees that it can get away with these types of actions with little cost - as they did all through 2015 and 2016 - it only makes it more likely they will keep pressing,” said Sayers, an adjunct fellow at Washington’s Center for Strategic and International Studies.

“China sees its participation in the exercise as a sign of its acceptance among the world’s maritime powers but Beijing should not be allowed to militarize this open maritime domain and still be honored as a welcomed member of the maritime community.”

Last month, U.S. Admiral Philip Davidson, nominated to head U.S. Pacific Command, said China could use its “forward operating bases” in the South China Sea to challenge the U.S. regional presence and “would easily overwhelm the military forces of any other South China Sea claimants.”

(Souce: Reuters)

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South China Sea: US says China's militarisation of islands an act of 'intimidation and coercion”

US Defence Secretary James Mattis has raised the prospect of additional American steps against China if its "militarisation" of the South China Sea keeps apace.

US President Donald Trump, backing the remarks by his Pentagon chief at an international security forum in Singapore, said on Twitter: "Very surprised that China would be doing this?"

Mr Mattis said the Trump administration's recent decision to disinvite China from a multinational naval exercise was an "initial response" to Beijing's island activity.

He called the US action a "relatively small consequence".

"I believe there are much larger consequences in the future," he said.

China's reliance on military muscle to achieve its goals "is not a way to make long-term collaboration the rule of the road in a region that's important to China's future," Mr Mattis said, when asked to elaborate.

"There are consequences that will continue to come home to roost, so to speak, with China, if they don't find a way to work more collaboratively with all of the nations who have interests," he said.

The bluster comes at a delicate time in US-China relations, as the Trump administration is warily asking for China's help with North Korea ahead of a June 12 summit, while also threatening a trade war.

 Mr Trump renewed his threat to hike tariffs on Chinese goods, just days before his commerce secretary arrived in Beijing on Saturday for trade talks.

Mr Mattis said there was little doubt about Beijing's intentions.

"Despite China's claims to the contrary, the placement of these weapons systems is tied directly to military use for the purposes of intimidation and coercion," Mr Mattis said at the annual Shangri-La Dialogue.

Mr Mattis also touched on Taiwan, a longstanding dispute between the US and China.

(Souce: abc.net.au)

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Vietnam demands that China remove military jamming equipment from Spratly Islands

Vietnam’s foreign ministry spokesperson said Tuesday that China has seriously violated Vietnam’s sovereignty by installing military jamming equipment on outposts in Truong Sa, Spratly Islands off the South China Sea, commonly known as the East Sea in Vietnam.

Le Thi Thu Hang told the press that the establishment of China's electronic warfare equipment to cause radio jamming on Mischief Reef and Fiery Cross on Truong Sa goes against international conventions and Vietnam requested the northern neighbor to remove the system.

She also told the press that China has repeatedly acted counter to international rules with its recent activities in the East Sea, including the underwater construction of You Lian Tuo 9 vessel and a sailboat race in waters off Hoang Sa (Paracel) Islands, which belong to Vietnam.

Such activities go against fundamental principles that Vietnam and China have agreed on, the Declaration on the Conduct of the Parties in the East Sea (DOC), complicate the situation and do not benefit maintenance of peace, stability and cooperation in the sea.

Earlier on Tuesday, Vietnam’s agriculture ministry wrote to coastal cities and provinces, telling them to assure fishermen and asserting that a fishing ban issued by China last year “has no value.”

China’s Ministry of Agriculture in March last year released a ban on fishing in a number of areas from May 1 to August 16 this year, which include the Gulf of Tonkin near the Hoang Sa (Paracel) Islands in the East Sea.

Since then, Vietnam has condemned the ban, saying China’s move has seriously violated its maritime sovereignty over the Paracels.

Satellite imagery taken by commercial satellite company DigitalGlobe shows a suspected jammer system with its antenna extended on Mischief Reef in the South China Sea, Reuters cited the Wall Street Journal as saying.

(Souce: Vnexpress.net)

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