Asean, China move closer to a binding code over Spratlys

In a bid to thwart military aggression, political tesion, and keep the vast area open to trade, China and members of the Association of Southeast Asian Nations decided to espouse a legally binding code of conduct in the South China Sea, moving closer to actually signing one. Leaders of ASEAN countries and China, meeting in Hanoi, Vietnam for the 5th East Asia Summit on Oct. 30, said that a new code of conduct in the South China Sea — where the highly disputed Spratly and Paracel islands are located — would bolster regional stability and cooperation.

The Summit brought together for the first time top leaders of the United States and Russia as well as the original Summit members — the ASEAN countries (the Philippines, Malaysia, Thailand, Vietnam, Brunei, Singapore, Laos, Cambodia, Indonesia, and Myanmar) and the six dialogue partners, Australia, China, India, Japan, New Zealand, and South Korea. Palace officials said China and the Asean countries signed the "Plan of Action to Implement the Joint Declaration on Asean-China Strategic Partnership for Peace and Prosperity," which committed leaders of China and Asean to work toward the eventual signing of a binding "Code of Conduct in the South China Sea." Presidential Strategic Planning and Development Office Secretary Ricky Carandang said on Oct. 21 the countries involved will meet before the year ends to discuss the Declaration. According to Carandang, the adoption of a legally binding code is also aimed at “deepening the Asean-China Strategic Partnership for Peace and Prosperity," critical for the establishment of a single ASEAN market economy by 2015. The new code is expected to be a “bolder step" than the non-binding 2002 Declaration on the Conduct of Parties in the South China Sea, leaders of the Asean countries and China said in the document — and a step towards inking a legally binding pact. The older declaration, signed in Nov. 2002, was meant to ease tensions in the South China Sea, but it was not legally binding. Under the new plan, a working group was set up to "draw up the guidelines" for the implementation of the 2002 code, while a binding one is being drafted. Asean and China would "promote trust and confidence-building through cooperative activities… pending the peaceful settlement of the territorial and jurisdictional issues as stated in the [Declaration]," the plan also read. Signed by the 10 ASEAN countries and China, the code aimed to temporarily put ownership issues aside. Concerned that tensions could hurt access to one of the world's busiest commercial sea lanes and that the territorial dispute over the oil-rich islands could spark Asia's next conflict, the United States has been pushing for the adoption of a binding declaration. US Secretary of State Hillary Clinton angered Beijing in July by insisting that the dispute over the South China Sea was of strategic importance to Washington and offering to act as a mediator. China had since softened its stance, and Chinese Ambassador to the Philippines Liu Jianchai had said that the concerned parties were “discussing the code of conduct at the working level." “They have worked on some of the outlines of the document and I think that consultations are still going on. [China] is ready to work with the other parties concerned on this document," Liu said. Sanctions against claimant states that violate the code — one of the more contentious portions of the envisioned code — are likewise being discussed, he disclosed. President Benigno Aquino III, who attended the Summit in Vietnam, has echoed US concerns and called for a “more formalized plan" in dealing with the contested Spratly islands. — JA/JE/DM/VS, GMANews.TV