Code of Conduct in SEA taking too long

THE Association of Southeast Asian Nations (ASEAN) met this week in Singapore for its 33rd ASEAN Summit and related meetings with dialogue partners, including the United States, Japan, China, and Russia.

They discussed a host of issues but the most critical one was the territorial dispute in the South China Sea, with China and at least four ASEAN nations having overlapping claims, while the US is determined to claim freedom of navigation in the sea, contrary to China’s claim that it is part of China’s sovereign territory.

As in all past ASEAN meetings, the issue remained unresolved. The ASEAN nations have acceded to China’s proposal that in the meantime, the disputing nations agree on a Code of Conduct to prevent their disputes from escalating into armed conflict.

Last Tuesday, China’s Premier Li Kequiang said China hopes that its consultations with the Southeast Asian nations on the Code of Conduct will be completed in three years. “China and the ASEAN countries will benefit in that process,” he said. “It will also be conducive to free trade and go on to serve the interests of other parties.”

Inasmuch as all of the present claimants to some of the islands in the South China Sea, including the Philippines, are determined to hold on to their claims and their rights, a Code of Conduct is indeed the best option to maintain peace in the area.

The Philippines, especially, has solid basis for its claims to some of the islands in the Spratlys next to Palawan. It filed a case with the Permanent Court of Arbitration in The Hague which, in 2016, affirmed the Philippines’ right to explore and develop resources within its 370-kilometer Exclusive Economic Zone and rejected China’s claim to sovereignty over most of the South China Sea.

The United Nations court in The Hague, however, has no means to enforce its decision and China has pointedly ignored it. The US continues to send its ships and planes near China’s claimed islands and one of these days, some pilot on one side or the other might start a shooting incident.

The Code of Conduct proposed by China will help to avert disputes between China and the ASEAN nations, but it has taken too long since China first proposed it and the ASEAN nations agreed. They continue to wait for its actual provisions which, China Premier Li said last Tuesday, will be completed in three years.

China and the US will have to settle their differences on freedom of navigation by themselves. But for China and ASEAN, the earlier the proposed Code of Conduct is agreed upon and put into effect, the better it will be, not only for peace, but also for economic development and progress in the region.