An Early Harvest Package for the Code

of Conduct in the South China Sea

Emeritus Professor Carlyle A. Thayer
Presentation to International Conference on
the East Sea Disputes
sponsored by Ton Duc Thang University
Ho Chi Minh City, Vietnam
July 25-26, 2014
Outline
1. China-Vietnam Discussions on Maritime
Cooperation
2. ASEAN Policy on the South China Sea
3. HD-981 Oilrig Crisis: Implications
4. Code of Conduct for South China Sea or
Southeast Asias Maritime Domain?
China-Vietnam Maritime Cooperation
2011 Agreement on Basic Principles Guiding the
Settlement of Maritime-Related Issues
to seek basic and long-standing solutions acceptable
to both sides for sea-related disputes on the basis of
international law
to resolve maritime disputes through friendly talks
and negotiations.
Pending the settlement of their disputes, agree to
actively discuss transitional and temporary measures
that do not affect the stances and policies of the two
sides, including studies and discussions on
cooperation for mutual development.
Premier Le Keqiang
Hanoi, October 13-15, 2013
China-Vietnam Maritime Cooperation
easy-first, difficult later and step by step
Working Group on Waters Off the Mouth of
the Gulf of Tonkin
Working Group on Cooperation in Less
Sensitive Issues at Sea
Joint Working Group on Cooperation for
Mutual Development at Sea
ASEAN Policy on the South China Sea
April 2013 19
th
ASEAN-China Senior Officials
Consultation
China to discuss COC within framework of
Working Group on the Implementation of DOC
Eminent Persons Group suggested
June 2013 ASEAN-China Foreign Ministers
China-ASEAN Maritime Cooperation Fund
ASEAN Policy on the South China Sea
July 2013 Foreign Minister Wang Yi visits
Malaysia, Laos, Vietnam and Thailand
Sounds note of caution
Sept 2013 6
th
China-ASEAN SOM and 9
th
Working Group on Implementation of DOC
DOC work plan drawn up
First consultations on COC
Expert Persons Group approved
ASEAN Policy on the South China Sea
23
rd
ASEAN Summit (October 9, 2013)
Chairmans Statement:
Looked forward to intensifying official
consultations on COC
Respond to emergency situations at sea and
cooperate in SAR for vessels in distress as part
of an early harvest package of the COC
ASEAN-China Joint Working Group
10
th
Joint Working Group on the
Implementation of the DOC (March 18, 2014)
Work Plan 2013-14 reviewed
Conduct seminars on establishing hotline
Explore possibility of conducting SAREX
Organising workshop on conservation of marine
environment
Photo exhibition on Maritime Cooperation to
Promote ASEAN-China Cultural Exchange Year
ASEAN-China Joint Working Group
11
th
JWG on DOC (June 24-25, 2014)
Measures and/or mechanisms to add value to
DOC
Exchanged views on basic principles of COC
Discussed approach on the development of COC
Discussed maritime cooperation on navigation
safety and SAR
Considered draft progress report on
implementation on the DOC
For ASEAN PMC with China (August)
HD-981 Crisis (May 2-July 15, 2014)
KN-951 rammed on June 23, 2014
May 26, 2014
Implications of Oilrig Crisis
Unilateral with no advance notification
New tactics mix of paramilitary, military and
fishing boats and mix of aircraft
Ramming, demasting, unsheathed guns
Vietnam defends sovereignty
Vietnam requests hot line, special envoy
30 approaches made, China stonewalls
Anti-China rioting
Implications of Oilrig Crisis
ASEAN Foreign Ministers issue statement
expressing concern
Chinas unilateral withdrawal of HYSY 981
defuses tensions (July 15)
Typhoon Rammasun
Bilateral discussions Beijing and Hanoi?
Loss of strategic trust
Declaration on Conduct of Parties in
the South China Sea
4. The Parties concerned undertake to resolve
their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat
or use of force, through friendly consultations
and negotiations by sovereign states directly
concerned, in accordance with universally
recognized principles of international law,
including the 1982 UN Convention on the Law of
the Sea;
Declaration on Conduct of Parties in
the South China Sea
5. The Parties undertake to exercise self-
restraint in the conduct of activities that would
complicate or escalate disputes and affect peace
and stability including, among others, refraining
from action of inhabiting on the presently
uninhabited islands, reefs, shoals, cays, and
other features and to handle their differences in
a constructive manner.
Declaration on Conduct of Parties in
the South China Sea
Implementing the Declaration on Conduct of
Parties in the South China Sea
marine environmental protection;
marine scientific research;
safety of navigation and communication at sea;
search and rescue operation; and
combating transnational crime, including but not
limited to trafficking in illicit drugs, piracy and
armed robbery at sea, and illegal traffic in arms.
Code of Conduct for Southeast Asias
Maritime Commons
ASEAN-China COC should be pursued but it is
probably unachievable for foreseeable future
ASEAN divided
Claimant, maritime, mainland
Claimant states divided
Brunei declined to attend meeting with Malaysia,
Philippines and Vietnam
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,
acquire leverage to deal with China
Proposals To Accompany a Code of
Conduct for Southeast Asia
Fisheries Management
ASEAN Coast Guard
Expanded ASEAN Maritime Forum
ASEAN Political-Security Council
Proactive ASEAN Defence Ministers Meeting
Streamlining Regional Architecture
An Early Harvest Package for the Code
of Conduct in the South China Sea
Professor Carlyle A. Thayer
Email: c.thayer@adfa.edu.au