Speed up sea code talks to advance Sino-ASEAN ties

By Ai Jun Source:Global Times Published: 2016/7/27 23:48:01

How can we restore order in the South China Sea after a tumultuous period following the Manila-filed illegal arbitration? A good start would be speeding up the pace of going beyond the Declaration on the Conduct of Parties in the South China Sea (DOC) to achieve a legally binding Code of Conduct (COC) while promoting bilateral talks among claimant countries.

When the DOC, a non-binding agreement, was signed in 2002 by all the members of the Association of Southeast Asian Nations (ASEAN) and Beijing, the goal was to gradually step toward a formal and more restrictive COC. Yet so far, no major progress has been made in over a decade. Nevertheless, the latest joint statement issued by foreign ministers of ASEAN nations and China on Monday, which called for full and effective implementation of the DOC, as well as an early adoption of a COC, can be considered as a signal that official negotiations over a COC may finally kick start.

This is a critical part of the Beijing-initiated dual-track approach in resolving disputes in the waters. As the approach spells out, on the one hand, relevant disputes should be addressed by countries directly concerned through consultations and negotiations in a peaceful way. On the other, peace and stability in the South China Sea should be jointly maintained by China and ASEAN countries. This requires more specific rules and mechanisms on regional cooperation, and more importantly, how we behave in the overlapping waters.

What should relevant parties do if warships from two nations meet in an area they both claim? How should they react if more fishing rivalries and conflicts occur given that fishermen from different sides all believe that they are exploiting their own maritime resources? According to Monday's statement, there should be no further action to develop presently uninhabited islands, reefs, shoals, cays, and other features, but how can anyone ensure that?

It is time to draw a line under what can be done and what cannot in the troubled waters. And it is more important to figure out how to carry out the rules and supervise their implementation. It means hotlines for maritime emergencies and standing bodies for dialogues and communications should be established in case of crisis in the days to come.

Without question, the formulation of such a code of conduct will not be easy. But negotiations must be started, for it will not only provide order and reassurance to the region, but it is also crucial for parties involved in controversies to move beyond misunderstandings and distrust.

Bilateral talks over disputes between countries directly concerned is not an exclusive solution, because once a COC is set up and everyone abides by it, it will in return help promote the former. The two processes are complementary. The establishment of a binding COC will help clear the bumps on the road in the overall Sino-ASEAN collaboration. And outsiders will have no excuses to make a fuss about the waters.

Posted in: Observer

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