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Activities of the Claimants

China

Beijing warns Philippines on talks with Taipei

As Manila and Taipei prepared for fishery talks next month in a bid to ease tensions, the Chinese Embassy on June 18th issued a reminder of Taiwan’s political status, saying governments should defer to Beijing’s “one-China policy.” “The Chinese government has no objection to the nongovernmental economic and cultural contacts between Taiwan and foreign countries that have diplomatic relations with China, but we oppose foreign countries and Taiwan to have official exchanges or sign agreements with sovereign and official implications,” said the Chinese Embassy spokesperson, Zhang Hua.

China published map of the so-called Sansha city

A panoramic book introducing the so-called city of Sansha has been published. Published by the People's Publishing House, the book covers the city's history, natural resources and its role in national defense. The book also includes five detailed maps illustrating the so-called Sansha city, as well as the Paracel, Spratly island groups.

China affirms sovereignty over Co May Shoal

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The Philippines' seizure of Co May Shoal in the South China Sea is unacceptable to China, a Chinese Foreign Ministry spokeswoman said on June 21st. Spokeswoman Hua Chunying said at a regular press briefing that China's determination and will to safeguard its national sovereignty is unswerving. The spokeswoman urged the Philippines to cease all provocative acts and work together with China to safeguard peace and stability in the South China Sea.

Full statement

Vietnam

Vietnamese President pay first State visit to China

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Vietnamese President Truong Tan Sang left Hanoi on June 19th, starting a State-level visit to China at the invitation of General Secretary of the Communist Party of China and President Xi Jinping. On June 20th, after talks, Vietnamese President Truong Tan Sang and Chinese President Xi Jinping have witnessed the signing of 10 cooperative documents including the 4th amendment to an agreement between Vietnam Oil and Gas Corporation (PetroVietnam) and China National Offshore Oil Corporation (CNOOC) on the joint exploration in agreed offshore areas in the Gulf of Tonkin. On June 21st, China and Vietnam issued a joint statement.

The Philippines

Philippine Marines reinforce Co May Shoal

Philippine Defense Secretary Voltaire Gazmin said on June 19th the new contingent of Filipino marines replaced troops at the Co May Shoal, internationally known as the Second Thomas Shoal. The Filipino Marines at the Co May Shoal are stationed in a rusty military hospital ship, the BRP Sierra Madre, that the government ran aground in 1999.

Philippines aide hails US diplomat’s statement on China Sea row

US diplomat Danny Russel told a Senate panel in his confirmation hearing on June 20th that there was no place for “coercion and bullying” in East Asia, referring to China’s growing assertiveness in its territorial disputes with Japan, Taiwan and four Southeast Asian countries, including the Philippines, in the South China Sea. “That’s a welcome statement…. [I]t’s in line with our efforts, with what we’ve been doing. Our position has always been that there’s no need for coercion when it comes to resolving our maritime disputes,” Philippine deputy presidential spokesperson Abigail Valte said in a radio interview on June 22nd.

The U.S.

US Secretary of the Navy meets with Philippine defense, military officials

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US Secretary of the Navy Ray Mabus arrived at Manila on June 17th and met with Philippine Defense Secretary Voltaire Gazmin, Armed Forces of the Philippines Chief of Staff General Emmanuel Bautista, Philippine Navy’s Flag Officer in Command  Vice Admiral Jose Luis Alano, and other senior US and Philippine government and military officials. Mabus will discuss bilateral and multilateral security issues and efforts, maritime security, counter-terrorism efforts, and regional humanitarian assistance and disaster relief efforts with Filipino officials in his three-day official visit to the Philippines.

US hits China bullying in disputed waters

The nominee to become the top US diplomat in East Asia delivered pointed comments about China in his confirmation hearing on June 20th, saying there’s no place for “coercion and bullying” in the region’s seas. Danny Russel told a Senate panel that he will do everything in his power to “lower the temperature” in territorial disputes in the South and East China Seas and push claimants, including China, toward diplomacy. He also said it was “unacceptable” for China to demand only bilateral negotiations with the other claimants, and voiced strong US support for efforts by Southeast Asia to negotiate as a bloc and frame a “code of conduct” to manage the disputes—an issue to be taken up at regional security talks in Brunei later this month.

Regional Snapshots

Taiwan, Philippines to hold next fishery meeting in July

Taiwan and the Philippines are expected to hold another meeting in early July to continue negotiating on fishing operations in the overlapping waters of their exclusive economic zones, an Taiwanese official said Sunday. The second preparatory meeting -- to pave the way for fishery talks between the two countries -- is set to take place in Taipei, said Benjamin Ho, director-general of the Taiwanese Ministry of Foreign Affairs' Department of East Asian and Pacific Affairs. Issues on the agenda of the meeting will include establishing regulations on fishing order and defining the areas in which fishermen can operate, Ho said, adding that the meeting will be attended by officials from the fishery, foreign affairs and maritime patrol agencies of the two countries.

French amphibious assault vessel visits Vietnam

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The French Navy’s most modern amphibious assault vessel, Tonnerre, docked at Baria Serece port in southern coastal Ba Ria-Vung Tau province on June 18th. Tonnerre is regarded as one of the leading assault landing crafts in the world. Measuring 200 metres long and 32 metres wide, with a displacement of 21,300 tonnes, the vessel can carry 16 heavy or 35 light helicopters, 4 high-speed landing crafts, and 70 tanks or armoured vehicles.

ASEAN, China work on search, rescue in East Sea

The ASEAN – China Workshop on “Enhancing ASEAN – China cooperation in search and rescue (SAR) persons and vessels in distress in the South China Sea” held by Diplomatic Academy of Vietnam took place at Melia Hotel, Hanoi on June 19th. The Workshop brings nearly 40 government officials and experts from various search and rescue agencies of ASEAN countries, China and Vietnam. Concuding the Workshop, ASEAN and China agreed on a number of issues on search and rescue to help distressed fishermen and vessels in the East Sea

Philippines, US to hold naval exercises near Scarborough Shoal

The exercises taking place from June 27th to July 2nd by the two allies are to be held about 108 kilometers (67 miles) east of Scarborough Shoal, Navy spokesman Lieutenant-Commander Gregory Fabic told AFP. "This was planned way back in 2010. Whatever happened since then was purely coincidental," Fabic said when asked if holding the exercises there this year were a way for the Philippines to reassert its sovereignty over the shoal. "We will focus on communications, naval surface operations, counter-terrorism and maritime security," he said.

Vietnam, US bolster defence cooperation

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The chiefs of staff of Vietnam and US armies reached consensus on actively deploying the agreed cooperative activities to elevate the two countries’ defence cooperation.  This came from talks at the headquarters of the US Department of Defence in Washington DC on June 20th between the Chief of General Staff of the Vietnam People’s Army (VPA), Senior Lieutenant General Do Ba Ty and the Chairman of the Joint Chiefs of Staff of the US Army, General Martin E. Dempsey. 

Seminar talks ASEAN unity in tackling challenges in East Sea

ASEAN unity in tackling maritime challenges in the East Sea was discussed at a seminar in Bangkok, Thailand on June 20th. The seminar, which saw the participation of scholars from ASEAN countries, China , India and Japan , aimed to seek peaceful and legal solutions to deal with maritime challenges facing ASEAN nations. Director of the Thailand Institute of Security and International Studies (ISIS) Dr. Thitinan Pongsudhirak stressed that the 46-year-old ASEAN has been playing a central role in regional issues, therefore, the bloc’s solidarity and unity are critical in coping with marine challenges in the East Sea.

Vietnam, China conduct 15th joint naval patrol

Under permission of the Prime Minister and the Ministry of Defence, two naval ships departed from the central city of Da Nang on June 22 to take part in the 15th joint patrol with Chinese naval forces. During the joint patrol, the HQ 011 and HQ 012 vessels will conduct a joint training with Chinese naval ships in search and rescue, and exchange experience in this field. The joint patrol aims to strengthen the friendly relationship and the mutual understanding and trust between the two armies and navies of Vietnam and China.

Commentaries & Analyses

Is China adopting a new maritime security policy?

By Jayadeva Ranade

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China’s actions have heightened tensions in the South China Sea. Interesting in this context is a recent (May 28, 2013) article in the People’s Daily, written by Mian Yang, dean of the Shanghai Institute of International Studies (SIIS). Written prior to the recent summit (June 7-8, 2013) between Chinese president Xi Jinping and US president Obama, he quite candidly stated that the increase in China’s comprehensive national strength had given its “new leaders” more confidence in dealing with the international community. Mian Yang emphasised that this “self-confidence” has enabled China’s leaders to be “very firm” in safeguarding sovereignty and territorial integrity while simultaneously being flexible in dealings with smaller countries. For example, articulating long-held objections to the surveillance of China’s coastline and EEZ by US aircraft and ships, PLA senior colonel Zhou Bo disclosed that China had “thought of reciprocating” by “sending ships and planes to the US EEZ”, and had actually done so “a few times”. This is the first occasion when a Chinese military official has confirmed reports in circulation for some time that PLA Navy (PLAN) vessels had been detected around Okinawa and Guam. The disclosure is significant for countries in the region as it suggests that Beijing’s maritime policy is set to shift towards increased assertiveness. It implies that as China’s military might rises and its economic and strategic interests expand, China will copy US behaviour. It will accord to itself the right to carry out surveys and gather intelligence inside the EEZs of other countries. Ni Lexiong, director of the Sea Power and Defence Policy Research Institute at the Shanghai University of Political Science and Law, confirmed that the PLA senior colonel’s remarks reflected the “changing concept of maritime affairs” of China’s leaders “following the rapid development of China’s maritime industry and rising strength of its naval force in the past decade”. The remarks also suggest that Beijing’s interpretation of the UN Convention on the Law of the Sea could be under review.

South China Sea dispute dynamics

By Donald R. Rothwell

The decision handed down by the International Court of Justice (ICJ) on 19 November 2012 in the Nicaragua v Columbia case has several implications for the South China Sea disputes, particularly with respect to the status of the disputed maritime features under the 1982 UN Convention on the Law of the Sea (LOSC). In drawing conclusions as to the significance of the Nicaragua v Colombia decision for the South China Sea great care needs to be exercised due to the very distinctive maritime geography that was under review. Nevertheless, the following general conclusions can be made. The first is that the ICJ undertook a forensic analysis in order to determine whether certain maritime features are Article 121(1) islands, or alternatively are rocks or low-tide elevations. The second is that the ICJ will consider a range of issues as they relate to islands in its assessment of what are the relevant circumstances following the drawing of a provisional equidistance or median boundary line. To that end, the size of the island and its potential distorting effect upon a maritime boundary are factors that will be considered. In the context of the South China Sea this decision would certainly suggest that, even if territorial sovereignty was conclusively settled over disputed islands and associated maritime features, there is every likelihood that the ability of these features to generate vast maritime claims would be compromised. This is either because these features are not Article 121(1) islands, or because they would have a distorting impact upon the maritime boundaries based upon competing maritime claims from continental or island land masses whose status is not in dispute. A realisation of how these issues are being dealt with by international courts may have implications for how some of the South China Sea claimants view their territorial and maritime assertions. This would especially be the case if there was a realisation of the very limited capacity of some of the currently disputed maritime features to generate either an EEZ or continental shelf under Article 121(1); or, even if those features did generate a maritime entitlement, their capacity to significantly influence the direction of a maritime boundary between continental or archipelagic states. Such an objective determination as to the status of these features may ultimately have an impact on the current geopolitics within the region, and may act as a catalyst for other means of dispute resolution including the reaching of agreements on maritime boundaries.

Demilitarizing South China Sea Disputes

By Termsak Chalermpalanupap

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Recent tensions in the South China Sea may prod the parties concerned towards a more binding COC. This is not to suggest that territorial claims and sovereignty issues will be resolved, but it would certainly serve as common interest in making the disputes more manageable and prevent an escalation into military conflict. While waiting for the conclusion of a COC, the claimants can pursue certain concrete measures to reduce tensions and avoid armed clashes in disputed areas. Firstly, claimants can stop reinforcing and start scaling down their respective military occupation of disputed areas. While the current DOC discourages “inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features”, it is silent on the deployment of troops in disputed areas in the South China Sea. Withdrawing them with a common understanding that doing so will not jeopardize any party’s claims will be a significant goodwill gesture. Secondly, the claimants need to establish an emergency communication network through which relevant authorities can contact each other and help defuse any situation in any disputed area before it escalates into an armed clash or international crisis. And thirdly, every claimant can distribute an updated map showing its claims with precise map coordinates so that all other parties will know, with a greater degree of certainty, where disputed territorial areas overlap. China has reportedly put forth new map coordinates to link its nine-dash line into an official maritime boundary. However, this new map is not yet readily available. In the final analysis, non-use of force or no first use of force, is ideal. No country would reject it. But one should not count on it to keep the peace or prevent unpleasant incidents in disputed areas in the South China Sea. A better bet is to formulate a more forward-looking COC.. At the meantime, the claimants should seriously consider the above practical measures to minimize the risk of miscalculation, avoid the use of excessive force, and prevent escalation whenever a claimant tries to exert its enforcement authority in a disputed area.