MANILA – The 10-member Association of Southeast Asian Nations (Asean) bloc is taking a tougher stance on the maritime row in the South China Sea, explicitly calling on parties to act consistent with the international law.
Vietnamese President Nguyen Phu Trong, ASEAN 2020 Chairman, speaking during the 36th Asean Summit on June 26, said Asean leaders underscored the need to pursue the "peaceful resolution" of disputes following international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The regional leaders noted that several activities in the area, including "land reclamations" and "serious incidents" have eroded trust and confidence, as well as increased tensions in the region.
"We reaffirmed that the 1982 UNCLOS is the basis for determining maritime entitlements, sovereign rights, jurisdiction, and legitimate interests over maritime zones and the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out," Phu Trong statement said.
He said members were encouraged by the progress of the substantive negotiations towards the early conclusion of an effective and substantive Code of Conduct in the South China Sea (COC) consistent with international law, including the 1982 UNCLOS.
“We welcomed the completion of the first reading of the Single Draft COC Negotiating Text,” he said, emphasizing 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 (Declaration of Conduct) that could further complicate the situation and escalate tensions in the South China Sea," it added.
Recognizing the benefits of having the South China Sea as a sea of peace, stability, and prosperity, he said Asean reaffirms the importance of maintaining and promoting peace, security, stability, safety, and freedom of navigation in and over-flight above the South China Sea.
Asean, he added, underscored the importance of the full and effective implementation of the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety.
The UNCLOS is an international treaty that lays down a comprehensive regime of law and order in the world's oceans and seas.
He said the 1982 UNCLOS is the basis for determining maritime entitlements, sovereign rights, jurisdiction, and legitimate interests over maritime zones, and sets out the legal framework within which all activities in the oceans and seas must be carried out.
Earlier, reports of Chinese military navy drills in the Paracels – claimed by Vietnam and China –prompted Manila to issue a stern warning should the exercises encroach into Philippine waters.
Beijing had also recently declared parts of the Philippine territory in the Spratlys and other features in the Paracels as part of Hainan province.
According to Asean, parties must undertake "confidence-building measures" to enhance, among others, trust and confidence.
"We reaffirmed the need to enhance mutual trust and confidence, exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability and avoid actions that may further complicate the situation, and pursue peaceful resolution of disputes in accordance with universally recognized principles of international law, including the 1982 UNCLOS," he said.
The South China Sea where the Paracel Islands and Spratlys are located is contested by the Philippines, Vietnam, Malaysia, Brunei, Taiwan, and China, which claims almost 80 percent of the waters under its so-called "nine-dash line".
In 2016, the UNCLOS-established Permanent Court of Arbitration (PCA) invalidated this vast Chinese claims, a decision described by Manila as a "milestone in the corpus of international law" and "cornerstone of a rules-based regional and international order."
The Tribunal ruled that none of the features in the Spratly Islands is capable of generating extended maritime zones and that the Spratly Islands cannot generate maritime zones collectively as a unit.
This means China cannot lawfully assert a maritime claim, including exclusive economic zone claims derived from the features in the Spratlys. (PNA)
