South China Sea: ASEAN remains divided International Arbitration Decision

July 15, 2016

South China Sea: ASEAN remains divided International Arbitration Decision

by Megawati Zulfakar

ASEAN is quick to issue statements on matters in other countries, but cannot agree to address an issue in its own backyard.

Singapore’s Foreign Minister Vivian Balakrishnan and his Chinese Counterpart Wang Yi

AFTER an international arbitration tribunal at the Hague ruled that China has no historical rights claim to resources within the South China Sea on July 12, Laos which is ASEAN chair this year sent out a note to ASEAN members asking whether they should issue an ASEAN statement on the ruling.

That Laos note gave a deadline of noon yesterday (Wednesday, July 13) for ASEAN to decide whether it should come up with a statement.But there was no accompanying  draft statement  to agree on to begin with.

The Philippines, which brought the case against China to an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), issued a statement immediately after the issuance of the award.

Malaysia, in the meantime, issued a statement seven hours later, asking claimant countries including China to find constructive ways to develop healthy dialogues, negotiations and consultations.

Back to the Laotian-proposed ASEAN statement, a check with ASEAN officials revealed that they are still working on a statement. This only points to one thing: there may not be an ASEAN statement on the award at all because the grouping could not reach consensus.It is understood Cambodia is not too keen. Some see this as pressure from the China-friendly nation. Others want to study the ruling first.

In the case of Laos, it is also seen by many as pro-Beijing, so it is a half-hearted attempt, really, to pacify other ASEAN countries that they are doing something as  the current ASEAN chair to address the disputed maritime claims.

It is a pity that while ASEAN countries were quick to reach a consensus to issue statements to address the terror attacks in Istanbul and Dhaka recently, they failed miserably to be united on an issue in their own backyard. It is also deja vu following the fiasco over an ASEAN statement to be issued after the China-ASEAN meeting in Kunming last month.

Bumbling Wisma Putra

Najib compromised as China bailed him out on 1MDB

It became global headlines after Wisma Putra issued an ASEAN statement, only to retract it just a few hours later saying urgent amendments had to be made after a wire agency ran a story quoting the statement that ASEAN has “serious concerns” over recent events in the disputed South China Sea.

Wisma Putra came out with a clarification a few days later, insisting that the statement “enjoyed” the consensus of all countries.

The South China Sea issue is a thorn in the flesh among ASEAN countries, of which four ASEAN nations – namely Brunei, Malaysia, the Philippines and Vietnam – are claimant countries.

“It is already a hot issue for us. Next week it will be hotter,” admitted an ASEAN official.

During this annual meeting, ASEAN Foreign Ministers would hold meetings with their dialogue partners, including China and the United States. “You can expect strong statements from many parties on the issue,” said an official.

While all eyes will be on how Laos will conduct itself because as ASEAN chair which is expected to be impartial on the issue, many will also be keen to see what the Philippines would do next.

With a new President in Manila and a new Foreign Minister appointed, any statements or re­­marks from them will be analyzed.Manila already said it will release “a complete and thorough interpretation” in five days.

We shall wait for the Solicitor-General’s interpretation of the ruling,” Presidential Com­munica­tions Secretary Martin Andanar had said.

China has already rejected the ruling, blaming the Philippines for stirring up trouble. Beijing issued a policy paper yesterday calling the islands in the South China Sea its “inherent territory.”

It will be interesting to see how China will conduct itself in the area, especially when ASEAN and China have long been working on a binding code of conduct (CoC) to address numerous issues faced by claimant countries.

So far only a Declaration on the Conduct of Parties in the South China Sea (DoC) was finalised and signed in 2002, which reaffirmed the parties’ commitment to UNCLOS and other international laws on state-to-state relations.

The DoC also states that ASEAN members and China should resolve disputes “by peaceful means, without resorting to threat or use of force, through friendly consultations and negotiations”. So the big question mark is whether China will still be committed to the CoC process.

As the saying goes, it is a slow boat to China. But the stage is set next week in Laos when the Foreign Ministers meet.

4 thoughts on “South China Sea: ASEAN remains divided International Arbitration Decision

  1. If China refuses to respect and adhere to the laws of international ruling sponsored by UN than China has no bloody business to sit in the inner Security Council. It should be expelled from the 5 member states council. Don’t bully the rest of the world.

    Put it to to the vote on the UN General Assembly to reaffirm , or otherwise, the unalienable need to respect and abide by international laws.

  2. China is in good company. By denying the ruling, China is aping all those illustrious UN sec council members who had similar awards that went against them. Now they cry foul. Guess hypocrisy and international diplomacy go hand in hand.

    Reminds me of Bush and his lap dog Blair who oozed sanctimony on the international stage as they prepared to unleash their weapons of mass dectruction on Iraq.

  3. Who owns South China Sea?
    Philippines, China, Vietnam, Brunei, Malaysia etc
    All have overlapping claims – that means they all don’t agree

    Who owns Australia?
    Of course the Aborigines
    The British do not have legal rights to Australia

    Who owns Mauritius?
    Who owns Falkland?
    Who owns Garcia?

    Surrounding countries must sit down and have a dialogue
    There must be freedom of passage in the South China Sea
    South China’ Sea must be a place of peace and prosperity

  4. Internationl laws are meant to keep small powers in place. Great powers do not recognize the jurisdiction of such courts, except where they believe is in their interest. Thucydides’ “the strong do as they will; the weak suffer as they must” may exaggerate. Last year PCA ruled the UK had violated UNCLOS by unilaterally establishing a Marine Protected Area in the Chagos Islands. UK disregarded the ruling. Nicaragua sued the US for mining its harbors in 1980s. Like China, the US argued the court did not have the authority to hear the case. When rejected, the US refused to participate in subsequent proceedings, and denied jurisdiction to international courts on any future case involving the US, unless the US explicitly made an exception. Jeanne Kirkpatrick aptly summed up the view when she dismissed international court as a “semi-legal, semi-juridical, semi-political body, which nations sometimes accept and sometimes don’t.” Expect China to follow that precedent.

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