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Activities of the Claimants

China

China opposes to Philippine occupation of Co May Shoal

In a press conference on June 24th, Hua Chunying, Spokeswoman, Chinese Foreign Ministry, said, "The Philippine warship is grounded on China’s Ren’ai Reef (Co May Shoal) because of a malfunction. China has repeatedly demanded that the Philippines tow the warship, but the Philippines has used "technical issues" as an excuse not to do so. The Philippines’ behavior has violated the declaration on the conduct of parties in the South China Sea. We will never accept the Philippines illegally occupying the Ren’ai Reef (Co May Shoal), no matter what means they use."

China launches research base in South China Sea

A maritime fishery resource breeding and research base has been established June 27th by China's southernmost province of Hainan in sea waters of Macclesfield Bank in the South China Sea.

China opposes to the US Resolution on maritime disputes

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Regarding the US Senate Committee on Foreign Relations’s approving of a non-binding resolution which reaffirmed the strong support of the US for the peaceful resolution of the territorial, sovereignty and jurisdictional disputes in the Asia-Pacific maritime domains on June 25th, Chinese Foreign Ministry Spokeswoman Hua Chunying on June 27th said, “We pay close attention to the resolution submitted by a small number of US congressmen. The so-called "views" of the resolution ignore history and facts and send a wrong signal, and thus not conducive to the proper handling and settlement of the issue.”

Confrontation over the South China Sea 'doomed', China tells claimants

Countries with territorial claims in the South China Sea that look for help from third parties will find their efforts "futile", China's Foreign Minister Wang Yi warned on June 27th, adding that the path of confrontation would be "doomed". Wang didn't name any third countries, but the United States is a close ally of Taiwan and the Philippines, and has good or improving relations with the other nations laying claim to all or part of the South China Sea. "If certain claimant countries choose confrontation, that path will be doomed," Wang said after a speech at the annual Tsinghua World Peace Forum. China's Foreign Minister Wang Yi also added that the recent disputes concerning the South China Sea were not started by China. However, some country illegally grounded warship and constructed buildings on the reef within China's territorial sovereignty, and brought bilateral disputes to the UN arbitral tribunal, which further complicated the situation.

Vietnam

Party General Secretary of Vietnam visited Thailand

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At the invitation of the Prime Minister of Thailand, H.E. Ms. Yingluck Shinawatra, the General Secretary of the Central Committee of the Communist Party of Vietnam, H.E. Mr. Nguyen Phu Trong paid an official visit to the Kingdom of Thailand on 25th - 27th June 2013. In the joint statement after the visit, the two leaders agreed on the need to closely coordinate in maintaining peace and stability in the South China Sea (the East Sea called by Vietnam); enhancing mutual trust and confidence through maritime cooperation; promoting maritime security including freedom of navigation and over-flight; exercising self-restraint and refraining from the use of force; resolving disputes by peaceful means on the basis of international laws, including the 1982 UNCLOS and the DOC; and working towards early adoption of the COC.

President of Vietnam visited Indonesia

At the invitation of the President of the Republic of Indonesia, H.E. Susilo Bambang Yudhoyono, the President of the Socialist Republic of Vietnam, H.E. Truong Tan Sang paid a State visit to the Republic of Indonesia on June 27th – 28th, 2013. In the joint statement after the visit, the two leaders reaffirmed the importance of peace, stability, maritime security in the region and reaffirmed the collective commitments under the DOC to ensuring the peaceful resolution of disputes in accordance with universally recognised principles of international law, including the 1982 United Nations Convention on the Law of the Sea.

The Philippines

Panel to hear Philippine case vs China now complete

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The International Tribunal for the Law of the Sea (Itlos) has named the last of the five-member panel that will hear the Philippines’ arbitration case against China over their dispute in the West Philippine Sea (South China Sea). This after the original fifth panel member resigned last month. Judge Shunji Yanai, president of Itlos, appointed Thomas Mensah of Ghana, a former Itlos judge, as the fifth member in the arbitral tribunal that will deliberate on the Philippines’ case against China over maritime boundaries in the South China Sea. Philippine Department of Foreign Affairs (DFA) spokesman Assistant Secretary Raul Hernandez said on June 25th Itlos informed Solicitor General Francis Jardeleza, head of the Philippine legal team handling the case, of Mensah’s appointment in a letter dated June 21st.

Philippines slams China for retaliation threat

The Philippines scored China’s “provocative” threat of retaliation in the South China Sea on June 29th, urging Beijing to defer instead to peaceful means of resolving maritime disputes under the United Nations Convention on the Law of the Sea. In a statement, the Philippine Department of Foreign Affairs (DFA) reminded China of its obligation under international law to settle disputes without the use of threat or force. “China has an obligation under international law, especially the UN Charter, to pursue a peaceful resolution of disputes, meaning without the use of force, the threat to use force such as this recent provocative statement of a counterstrike,” said DFA spokesperson Raul Hernandez.

Philippines accuses China of military buildup at sea

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The Philippines accused China on June 30th of a “massive” military buildup in the disputed South China Sea, warning at a regional security forum that the Asian giant’s tactics were a threat to peace. The statement by Philippine Foreign Secretary Albert Del Rosario ensured that the growing row over rival claims to the strategically vital and potentially resource-rich sea would again be a key focus of the annual four-day Asia-Pacific talks. “Del Rosario expressed serious concern over the increasing militarization of the [South China Sea],” said a Philippine government statement released on the first day of the event in the Brunei capital. Del Rosario said there was a “massive presence of Chinese military and paramilitary ships” at two groups of islets, called Scarborough Shoal and Co May Shoal.

The U.S.

U.S. Senate warns China over maritime disputes

The committee on June 25th unanimously approved a resolution aimed at “reaffirming the strong support of the United States for the peaceful resolutions of territorial, sovereignty and jurisdictional disputes in the Asia-Pacific maritime domains.” Although it did not directly name China, the Senate said it “condemns the use of coercion, threats, or force by naval, maritime security, or fishing vessels and military or civilian aircraft in the South China Sea and the East China Sea to assert disputed maritime or territorial claims or alter the status quo.”

Regional Snapshots

46th AMM took place at Brunei

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On June 30th, Foreign Ministers of the Association of Southeast Asian Nations (ASEAN) attend the 46th meeting under the theme “Our People, Our Future Together”, in Bandar Seri Begawan, Brunei. The meeting adopted a joint communiqué reaffirming resolve to further intensify efforts to ensure a politically cohesive, economically integrated and socially responsible ASEAN Community in 2015 by implementing the ASEAN Charter and the Roadmap for an ASEAN Community. Regarding the South China Sea issue, they appreciated the exchange of views on the issues including initiatives and approaches to enhance trust, confidence and dialogue, and address incidents in the South China Sea

India-US Strategic Dialogue

India and the US on June 24th began the fourth edition of the India-US Strategic Dialogue here on Monday. It was co-chaired by Indian external affairs minister Salman Khurshid and US secretary of state John Kerry. The topic for discussion during Kerry's visit included bilateral and regional economic engagement, regional security and defence, science and technology, climate change, and other global issues such as women's empowerment, non-proliferation and space cooperation. In the Joint Statement, the two sides eaffirmed the importance of maritime security, unimpeded commerce and freedom of navigation, and the peaceful resolution of maritime disputes in accordance with international law.

India, US discussed South China Sea security

Admiral Samuel J.Locklear, Commander, US Pacific Command met with Indian Air Chief Marshal NAK Browne, Chairman Chiefs of Staff Committee and Chief of the Air Staff at Air Headquarters (Vayu Bhawan) on June 25th.  The two sides discussed issues such as - regional security, South China Sea being discussed, besides a review of growing US-India Security and Defence relationship.

Japanese defense minister visits the Philippines

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Japanese defense minister Onodera met with Philippines Defense Secretary Voltaire Gazmin at the headquarters of the Armed Forces of the Philippines (AFP) at Camp Aguinaldo in Quezon City on June 27th. After the meeting, Japan pledged to strengthen its strategic defense partnership with the Philippines, particularly on maritime affairs, as both governments expressed concern over China’s robust moves to stake its claims to disputed waters. “We agreed that we will further cooperate in terms of the defense of remote islands... the defense of territorial seas as well as protection of maritime interests,” Onodera told a joint news conference. “We have agreed to continue our exchanges of information, exchanges of technology to help each other to make our defense relations stronger,” Gazmin said. Defense Secretary Voltaire Gazmin also added that the Philippines wants to give US, Japan access to bases 

US, Philippines forces off Scarborough Shoal

The Philippine Navy’s flagship, the BRP Gregorio del Pilar, is back in the waters near Scarborough Shoal, this time not for a face-off with Chinese warships over disputed territory in the South China Sea but for five days of joint maneuvers with the United States Navy. The Philippines’ first warship will be participating in war games with a fleet of American naval vessels led by the guided-missile destroyer USS Fitzgerald. The war games, called Exercise Cooperation Afloat Readiness and Training (Carat) 2013, begin June 27th and will run up to July 2nd.

Commentaries & Analyses

China’s Doublethink on the Law of the Sea

By James R. Holmes

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Senior Colonel Zhou Bo set China-watchers atwitter last week when he informed a group including Admiral Samuel Locklear, big kahuna of the U.S. Pacific Command, that the PLA Navy has "sort of reciprocated America’s reconnaissance in our EEZ by sending our ships to America’s EEZ for reconnaissance." One meme making the rounds among the punditry holds that Beijing has now conceded the U.S. interpretation of what sorts of activities are permitted in a coastal state's exclusive economic zone (EEZ). That interpretation affirms that the swathe of EEZ lying beyond the coastal state's territorial sea and contiguous zone is the high seas. Flight operations, reconnaissance, and other routine military activities may proceed there unencumbered. If Beijing is deploying units off Hawaii and Guam, it must be tacitly granting the legitimacy of U.S. and allied operations in China's EEZ. To all appearances a kind of doublethink is at work here. Doublethink, of course, is a term coined by George Orwell to describe someone's capacity to hold two mutually contradictory ideas simultaneously without cognitive dissonance's exposing the contradiction. Despite the plain meaning of the UN Convention on the Law of the Sea (UNCLOS) text, Chinese officials appear entirely comfortable both with the idea that the law of the sea is sacrosanct, and that China can carve out a zone of exception for itself along its historic periphery at smaller neighbors' expense. China's prerogatives long antedate UNCLOS; ergo, they supersede the treaty language whenever the treaty works against Beijing's special prerogatives.. More likely, the PLA Navy's sort-of-reciprocating within the American EEZ is a function of power politics, not some belated admission that UNCLOS really, truly means what it says. U.S. forces operate off China's shores, therefore Chinese forces must reply in kind. If Beijing now discovers that the law of the sea applies to its neighbors as sovereign equals, and withdraws all units from places like Scarborough Shoal and Mischief Reef, and renounces its claim to "indisputable sovereignty" over most of the South China Sea, then progress may be in sight. The Naval Diplomat would be delighted to be proved wrong about this. But me thinks wagering on such a volte-face remains a fool's wager.

Time for a South China Sea Council

By Scott J. Shackelford

On the face of it, there seems to be little similarly between the Arctic and the South China Sea. The Arctic, after all, is ice-covered, limiting navigation at least for now, and the Arctic Circle is home to only some 4 million people, whereas the South China Sea is the second most used sea-lane in the world and is bordered by 10 nations with a combined population of approximately 1.9 billion. But dig deeper and similarities multiply. Both areas, for example, contain significant resources, and as a result are confronting territorial disputes. Yet while the Arctic States have been able to keep the peace and move toward sustainably developing an area that could be home to 25 percent of the world's undiscovered oil reserves through the regional Arctic Council, the South China Sea has been described as a "powder keg." The time has come to apply the lessons of the Arctic and form a South China Sea Council (SCSC). The Arctic Council was established in 1996 as a forum for promoting cooperation between the Arctic bordering states, which include Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden, and the United States. The original aims were modest, including conducting joint scientific studies on climate change, petroleum drilling, and Arctic shipping. It was not until 2011 that the first binding treaty came into effect involving search and rescue. Now, though, the importance of the Arctic Council has reached a tipping point. Last month, the Council met and admitted five Asian states as observers, including Japan, India, China, South Korea, and Singapore, with the EU's application pending, at an event attended by U.S. Secretary of State John Kerry. Even though the Arctic Council enjoys a limited mandate from its member states, it has been successful at environmental governance and diffusing tensions in a potentially volatile region. The Council has already achieved considerable success in generating knowledge about the Arctic and bringing added attention to the region in global forums. Although the analogy is certainly not perfect, the United States and other Arctic nations should encourage the South China Sea nations establish a SCSC without delay. With some luck, a pole of peace could be replicated to cool tensions in a regional hotspot. And you never know, before long the Arctic nations could be applying to the SCSC for observer status.

The South China Sea: A new area in Chinese-Indian rivalry

ByHarsh V Pant

The conflict between India and China over the South China Sea has been building for more than a year. India signed an agreement with Vietnam in October 2011 to expand and promote oil exploration in the South China Sea and has now reconfirmed its decision to carry on despite the Chinese challenge to the legality of Indian presence. By accepting the Vietnamese invitation to explore oil and gas in Blocks 127 and 128, India's state-owned oil company ONGC Videsh Ltd (OVL) not only expressed New Delhi's desire to deepen its friendship with Vietnam, but ignored China's warning to stay away. Regarding China, in June 2012, state-owned China National Offshore Oil Company, (CNOOC), opened nine blocks for exploration in waters also claimed by Vietnam. Oil block 128, which Vietnam argues is inside its 200-nautical mile exclusive economic zone granted under the UN Law of the Sea, is part of the nine blocks offered for global bidding by CNOOC. By putting up for global bidding a Vietnamese petroleum block under exploration by an Indian oil company, China has forced India into a corner. That India would not be cowed by Chinese manoeuvres came during the ASEAN Regional Forum in Phnom Penh in July last year. There, India made a strong case for supporting not only freedom of navigation but also access to resources in accordance with principles of international law. New Delhi, which so often likes to avoid taking sides, must assume it can no longer afford the luxury of inaction if it wants to preserve credibility as a significant actor in East and Southeast Asia. India's interest in access to Vietnam's energy resources puts it in direct conflict with China's claims over the territory. In an ultimate analysis, this issue is not merely about commerce and energy. It is about strategic rivalry between two rising powers in Asia. If China can expand its presence in the Indian Ocean region, as New Delhi anticipates, India can also do the same in the South China Sea. As China's power grows, it will test India's resolve for maintaining a substantive presence in the South China Sea. India has so far been a passive observer amidst growing maritime tensions and territorial claims in the region. But now New Delhi must come to terms with China's regional prowess. The challenge for New Delhi is to match strategic ambition realistically with appropriate resources and capabilities.

Co May Shoal Likely the Next Flashpoint in the South China Sea

By Bonnie S. Glaser

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The failed negotiations to defuse tensions at the Scarborough Shoal last year and return the situation to the status quo ante have had significant consequences for the Co May Shoal (Second Thomas Shoal) issue. Beijing evidently is applying lessons learned from that incident to the Co May Shoal. From China’s perspective, the Philippines’ attempt to repair its vessel that was grounded on the shoal over a decade ago constitutes a provocation. As in the case of Scarborough Shoal, Beijing is poised to exploit any perceived provocation with the goal of creating a new status quo that favors China. China is betting that the United States will be unwilling to intervene to preserve Manila’s presence on Second Thomas Shoal. That calculus probably is correct. Washington will continue to speak out against the use of coercion to change the status quo unilaterally, but it is unlikely that U.S. Navy ships will engage directly with Chinese government maritime vessels or the Chinese Navy over rocks and shoals in the South China Sea. That does not mean, however, that there are no risks in the current standoff. The Philippine Navy is substantially inferior to the emerging blue-water Chinese navy and lacks the capability to defend its presence on Second Thomas Shoal in the event that China is determined to dislodge its marines. Nevertheless, Manila may put up a fight. The potential for a military skirmish between the two sides will increase under either of the following scenarios: (1)   if China blocks provisions from being delivered to the Philippine forces on the shoal, Manila could seek to air drop supplies from a helicopter. Chinese interference in the operation could result in an exchange of fire and potential loss of life; (2)   if the Philippines were to attempt to erect structures, as China is reportedly doing on Scarborough Shoal, the Chinese would likely seize the opportunity to publicly accuse the Philippines of provocation and commence their “cabbage” strategy or even attempt to tow away the rusting vessel. Either scenario could escalate to military conflict. Even if conflict is avoided, heightened tensions could deal a blow to efforts to launch early talks on negotiation of a Code of Conduct between China and the members of ASEAN. China’s employment of civilian maritime surveillance vessels in the South China Sea and East China Sea to alter the status quo in its favor poses a serious challenge to the Obama administration and its strategy of “rebalancing” foreign policy priorities toward the Asia-Pacific. U.S. credibility as a guarantor of peace and stability in the region is as stake, especially with U.S. treaty allies Japan and the Philippines. To date, Washington lacks an effective strategy to deter Chinese coercion against its neighbors and its efforts to change the status quo unilaterally over disputed islands, reefs and shoals.