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Beyond Territoriality:

Managing the Maritime Commons in


the South China Sea
Emeritus Professor Carl Thayer
Presentation to
28
th
Asia-Pacific Roundtable
Kuala Lumpur, June 4, 2014
ASEAN Community
ASEAN Political
Security Council
ADMM
ADSOM
Service Chiefs
Other Security
Ministries
ASEAN
Maritime
Forum
Stock Take
ASEAN
ASEAN Ministerial Meeting
ASEAN Summit
ASEAN Defence Ministers
Meeting
ASEAN Chiefs of Defence
Force Informal Meeting
ASEAN Chiefs of Navy
Meeting
ASEAN Maritime Forum
ASEAN-Centered
ASEAN Regional Forum
Inter-Sessional Meeting on
Maritime Security
ADMM Plus
Expert Working Group on
Maritime Security
Expanded Maritime Forum
East Asia Summit
ASEAN Defence Ministers Meeting
ASEAN-Centric Security Cooperation
ARF
ISM on
Maritime
Security
ASEAN +
ADMM Plus
Enlarged AMF
ADMM Plus Expert Working Groups
Four Conclusions
(1) Maritime security initially had no forum
within ASEAN now it has been
institutionalized in several multilateral
institutions
(2) Discussions on maritime security have
moved beyond general to specific
proposals and activities
Four Conclusions
(3) Maritime security was once conceived
as state security it is now viewed as
integral to regional security
(4) Maritime security is now formally on
the ASEAN agenda at the highest level
7 Modest Proposls
(1) Effective ASEAN Political-Security Council to
prioritise objectives of multiple institutions
working on maritime security and streamline
their reporting functions
(2) ASEAN Defence Ministers should become
more proactive in setting priorities for
subordinate agencies
7 Modest Proposals
(3) Priority should be given to standing up an
effective Heads of ASEAN Coast Guard Meeting
to develop practical muiltilateral capacity
building and cooperation
(4) Priority should be given to institutionalizing
and enhancing the role of the Expanded ASEAN
Maritime Forum and develop agenda that
addresses maritime incidents
7 Modest Proposals
(5) Regional architecture needs to be
streamlined to address range of issues affecting
the maritime commons, avoid excessive overlap.
East Asia Summit should provide top down
leadership
(6) Management of fisheries is a key issue
affecting food security. APEC should take lead to
address this issue
7 Modest Proposals
(7) ASEAN should adopt a Code of Conduct for
Southeast Asias Maritme Commons
ASEAN-China COC should be pursued but it is
probably unachievable for forseeable future
ASEAN divided, claimant states divided
Chinas assertion of sovereignty now major
impediment to managing maritime commons
Code of Conduct for Southeast Asias
Maritime Commons
COC for South China Sea should be expanded
to all of Southeast Asias Maritime Commons
Two premises:
Security of maritime commons is indivisible
International law applies everywhere not just
South China Sea
Enhance unity and cohesion to promote
regional autonomy and ASEANs centrality
Beyond Territoriality:
Managing the Maritime Commons in
the South China Sea
Emeritus Professor Carl Thayer
Presentation to
28
th
Asia-Pacific Roundtable
Kuala Lumpur, June 4, 2014
ASEAN Community
ASEAN Political
Security Council
ADMM
ADSOM
Service Chiefs
Other Security
Ministries
ASEAN
Maritime
Forum
Stock Take
ASEAN
ASEAN Ministerial Meeting
ASEAN Summit
ASEAN Defence Ministers
Meeting
ASEAN Chiefs of Defence
Force Informal Meeting
ASEAN Chiefs of Navy
Meeting
ASEAN Maritime Forum
ASEAN-Centered
ASEAN Regional Forum
Inter-Sessional Meeting on
Maritime Security
ADMM Plus
Expert Working Group on
Maritime Security
Expanded Maritime Forum
East Asia Summit
ASEAN Defence Ministers Meeting
ASEAN-Centric Security Cooperation
ARF
ISM on
Maritime
Security
ASEAN +
ADMM Plus
Enlarged AMF
ADMM Plus Expert Working Groups
Four Conclusions
(1) Maritime security initially had no forum
within ASEAN now it has been
institutionalized in several multilateral
institutions
(2) Discussions on maritime security have
moved beyond general to specific
proposals and activities
Four Conclusions
(3) Maritime security was once conceived
as state security it is now viewed as
integral to regional security
(4) Maritime security is now formally on
the ASEAN agenda at the highest level
7 Modest Proposls
(1) Effective ASEAN Political-Security Council to
prioritise objectives of multiple institutions
working on maritime security and streamline
their reporting functions
(2) ASEAN Defence Ministers should become
more proactive in setting priorities for
subordinate agencies
7 Modest Proposals
(3) Priority should be given to standing up an
effective Heads of ASEAN Coast Guard Meeting
to develop practical muiltilateral capacity
building and cooperation
(4) Priority should be given to institutionalizing
and enhancing the role of the Expanded ASEAN
Maritime Forum and develop agenda that
addresses maritime incidents
7 Modest Proposals
(5) Regional architecture needs to be
streamlined to address range of issues affecting
the maritime commons, avoid excessive overlap.
East Asia Summit should provide top down
leadership
(6) Management of fisheries is a key issue
affecting food security. APEC should take lead to
address this issue
7 Modest Proposals
(7) ASEAN should adopt a Code of Conduct for
Southeast Asias Maritme Commons
ASEAN-China COC should be pursued but it is
probably unachievable for forseeable future
ASEAN divided, claimant states divided
Chinas assertion of sovereignty now major
impediment to managing maritime commons
Code of Conduct for Southeast Asias
Maritime Commons
COC for South China Sea should be expanded
to all of Southeast Asias Maritime Commons
Two premises:
Security of maritime commons is indivisible
International law applies everywhere not just
South China Sea
Enhance unity and cohesion to promote
regional autonomy and ASEANs centrality