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Activities of the Claimants

China

US to assert postion in the South China Sea issue

At the CSIS South China Sea conference, US Assisstant Secretary Joseph Y. Yun stated that the US do not believe any claims ougth to be forwared through coercive measures, through threats and certainly not the use of force. In addition, claims must be based on international law, they have to be consistent with international law, including the law of the sea Convention UNCLOS. And there must be no unilateral attemp to change status quo given so many claimants of the South China Sea

Surveillance ship joins other Chinese vessels near Co May Shoal

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“As of yesterday (June 3rd), another CMS (Chinese Maritime Surveillance) vessel was monitored at the vicinity of Ayungin Shoal (Co May Shoal), bringing to three the number of CMS vessels in the area,” said a  Philippine senior military official, who asked not be named. At one point, several Chinese missile-firing frigates were also monitored in the area.

Chinese bringing in construction materials on Scarborough Shoal

A Philippine military official said on June 6th that the government now has satellite photographs showing that China has already started to build structures on the disputed Scarborough Shoal off Masinloc, Zambales. “The defense and military establishments have already in their possession satellite photographs of what the Chinese were actually doing on our shoal. At least three Chinese big ships on a rotation basis are maintaining presence on the shoal aside from fishing boats that were unloading sacks of gravel, stone, cement and metals,” a senior officer said.

The Philippines

Sri Lankan judge in Philippines arbitral proceedings vs China resigns

A member of a United Nations five-man tribunal that will hear the Philippines’ complaint over what it call’s China’s “excessive” claim to the resource-rich South China Sea has resigned, disclosing that his wife is a Filipino, the Philippine Department of Foreign Affairs said on June 7th. In a letter addressed to Solicitor General Francis Jardeleza dated May 6, 2013, Judge Chris Pinto of Sri Lanka stepped down as judge of the Arbitral Tribunal, citing his wife is a Filipino national, Foreign Affairs spokesman Raul Hernandez told a press briefing. “The resignation of Judge Pinto will not affect the procedure of the arbitral proceedings,” Hernandez said. He said the Philippines is prepared to present its case once the fifth  judge to replace Pinto is appointed by International Tribunal for the Law of the Sea or Itlos President Shunji Yanai and soon as the panel advises Manila to meet on the case.

‘Philippines won’t seek confrontation but ready to defend territory’

This was the message of Philippine Ambassador to the US Jose L. Cuisia Jr. to the officers and crew of the country’s newest warship, the BRP Ramon Alcaraz (PF-16) on the eve of its departure for Manila. “As you know, there are some tensions on the West Philippine Sea (South China Sea) and this may put you in harm’s way but there is no doubt that you will perform your duty of protecting Philippine territory if needed,” Cuisia said in his remarks during his visit to the ship on June 8th. “We do not want to seek a confrontation and we are hoping that diplomatic efforts would ease these tensions,” Cuisia said. “We are for peace and for the stability of the region but, at the same time, we are prepared to defend what is ours.”

Malaysia

Malaysian PM echoes Beijing's call for joint development in South China Sea

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Malaysian Prime Minister Najib Razak appeared to side with Beijing as he called for claimants in the South China Sea to jointly develop resources to avoid conflict and prevent "extra-regional states" from becoming involved. Najib cited a joint development zone in waters claimed by Thailand and Malaysia as a precedent that could be applied in the South China Sea. "Agreeing to share prosperity, rather than let it divide us, is infinitely preferable to the alternative," Najib said in Kuala Lumpur. Najib said a code of conduct for operating in the waters would be a good start to prevent tensions from escalating. He warned that involving unspecified "extra-regional states" may "add yet another layer of complexity to the dispute".

The U.S.

US monitoring of ROC vessel above board, navy says

The Taiwanese military June 4th confirmed a media report saying that a Republic of China Navy frigate had been monitored by a US anti-submarine aircraft as the vessel returned to Taiwan from Ba Binh Island on May 25th, but dismissed claims that the US action was “irregular.” The Liberty Times (the Taipei Times’ sister paper) reported that a La Fayette-class frigate was overseen by a patrolling US P-3C aircraft as it returned from a fishing boat protection mission near the Spratly Islands on May 25th at 4:35pm. The report said that the US plane had lowered and circled the ship twice, close enough that the naval personnel onboard could see US insignia on the plane.

US to assert postion in the South China Sea issue

 

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At the CSIS South China Sea conference took place in Washington DC, US Assisstant Secretary Joseph Y. Yun stated that the US do not believe any claims ougth to be forwared through coercive measures, through threats and certainly not the use of force. In addition, claims must be based on international law, they have to be consistent with international law, including the law of the sea Convention UNCLOS. And there must be no unilateral attemp to change status quo given so many claimants of the South China Sea.

US to block moves to seize control of disputed seas

The United States will oppose moves by any country to seize control of disputed areas in the South China Sea by force, the top American military commander in the Pacific said June 5th. Adm. Samuel Locklear added that rival claimants might need to seek compromises to resolve the feud over potentially oil-rich territories. We will oppose the change of status quo by force by anyone,” Locklear told reporters during a visit to Malaysia. “We need to retain the status quo until we get to a code of conduct or a solution by party nations that is peacefully accepted.” Locklear said the US would not take sides but added that a code of conduct that enables maritime officers “to understand the boundaries of what they can do (would be) in the best interest for a peaceful solution.”

US Navy submarine tender, submarine due in Subic

The U.S. Navy submarine tender USS Frank Cable (AS 40) and submarine USS Asheville (SSN 758) will arrive in Subic Bay on Friday, June 7th, and Saturday, June 8th, respectively, for routine port calls. In a statement sent to media, the US Embassy said the visits will highlight the strong historic community and military relations between the Philippines and the United States. During their visit, the Frank Cable and Asheville will refuel and receive supplies, and the crew will be given opportunities for community service in nearby areas as well as rest and recreation.

Regional Snapshots

China, Canada to boost defense cooperation

At the invitation of General Chang Wanquan, State Councillor and Minister of Defense of the People’s Republic of China, the Minister of National Defence of Canada, the Honourable Peter MacKay, visited China on June 3rd, 2013. The two Ministers held frank and in-depth discussions on Canada-China military-to-military relations, the international and regional security situation, and other issues of mutual interest.  Both Ministers agreed that, as major countries in the Asia-Pacific region, China and Canada have a shared responsibility to ensure a peaceful, stable and prosperous Asia-Pacific.

Asia-Pacific Roundtable Conference underway in Malaysia

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The 27 th Asia-Pacific Roundtable Conference with the theme “Strategising change in Asia” is being held in Kuala Lumpur , Malaysia from June 3rd - 5th. Addressing the event, Malaysia ’s Prime Minister Najib Razak called on Asian countries to strengthen their cooperation to tackle issues that could hamper regional growth and development. After the recent financial crisis in Europe, the world’s focus has shifted to Asia , an area attracting “brains”, increasing capital and resources, he added.  However, he also pointed out three major challenges in Asia - climate change, conflicts in the region and finding a sustainable development path. Speaking at this conference, former US assistant secretary of state for East Asia and Pacific Affairs Christopher R. Hill said that rather than resort to provocation and confrontation, the Association of Southeast Asian Nations (ASEAN) and China need to engage in table talk discussions to solve problems faced by countries involved in the East Sea conflict. Maritime conflicts should be solved in a diplomatic way, which means all countries involved in the East Sea issue must engage in table talk discussions, he affirmed.

The Third Annual CSIS South China Sea Conference

This two-day conference will feature speeches by senior administration officials, and remarks and discussion by an all-star lineup of South China Sea experts, including representatives from China, India, Japan, the Philippines, Taiwan, and Vietnam. The focus of the discussion will be ideas for resolving differences between the six claimants in the South China Sea. Themed as “Managing Tensions in the South China Sea”, this conference will provide an important opportunity for U.S. and Asian policymakers, business executives, and academics to meet with experts on the South China Sea to discuss the dispute and options for lessening the tensions.

Australia, India to deepen bilateral defence cooperation

Australian and India held a formal bilateral Defense Ministers' Dialogue in Canberra on June 5th for deepening their contemporary bilateral defense-to-defense and military-to-military cooperation, Australian Defense Minister Stephen Smith and Indian Minister of Defense A. K. Antony announced. "India and Australia have a shared interest in helping to address these strategic changes, including through defense collaboration," Smith said in a statement. During the Dialogue, Smith said he and Minister Antony agreed to practical measures that would further enhance bilateral defense cooperation between the two countries.

Vietnam, China should build strategic trust in defense ties

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In order to foster strategic trust between the parties, states, and peoples of Vietnam and China, strategic trust in defense ties should be built, a Vietnamese defense official said. Deputy Defense Minister Nguyen Chi Vinh made the statement at a meeting with Deputy Chief of the General Staff of the Chinese People’s Liberation Army Qi Jianguo in Beijing on June 5th. During the meeting, the two officials discussed the bilateral military ties, the East Sea situation, and regional security issues of mutual concern. Senior Lieutenant General Vinh suggested that two armies settle disputes by friendly consultation and peaceful negotiations. He also proposed measures for future cooperation between the two armies.

ASEAN, China made progress on COC

In a press conference on 6th June, Chinese Foreign Ministry Spokesperson Hong Lei revealed that the eighth joint working group meeting on the implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) was held in Bangkok, Thailand on May 29th. The meeting spoke highly of the landmark significance of the DOC and fully appreciated the progress in 2012 on implementing the DOC, including disaster prevention and reduction as well as cooperation in marine ecology. All parties agreed to continue the comprehensive and effective implementation of the DOC, discussed key areas in the implementation of the DOC and institutional building and mapped out a working plan for 2013 and 2014. In addition, participants held discussions about how to press ahead with the COC, enhanced mutual understanding and expressed the willingness to steadily push forward the COC based on existing consensus in the course of the comprehensive and effective implementation of the DOC.

China, U.S. agree to build new type of relations

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Chinese President Xi Jinping and his U.S. counterpart, Barack Obama, agreed on June 7th to build a new type of relations between China and the United States which could avoid the traditional path of confrontations and conflicts between major countries. The two leaders made the commitment at a joint press conference following their first face-to-face meeting at Sunnylands, a 200-acre (81-hectare) Annenberg estate in Rancho Mirage, California. Xi said he had an in-depth, sincere and candid discussion and reached important consensus with Obama on the domestic and foreign policies of China and the United States, the construction of a new type of relations between major countries, and international and regional issues of common concern.

Commentaries & Analyses

South China Sea channels other disputes

By Christian Le Miere

Instability in the South China Sea is nothing new, given the complex web of alliances and disputes in the region. However, a recent event has highlighted another characteristic, namely that the South China Sea can be used as an outlet for discontent over separate, unrelated issues. It is this that makes the sea’s various disputes so dangerous. The latest diplomatic row between claimants to the South China Sea was caused by an event outside it: the killing of Taiwanese fisherman. Ironically, China has supported Taiwan’s position in this incident. Although Beijing does not recognise Taipei’s ability to conduct foreign relations, as a ‘renegade province’, it considers killing a Taiwanese fisherman tantamount to killing a Chinese fisherman. Just one day after the shooting, China deployed two China Marine Surveillance (CMS) vessels to Second Thomas Shoal, a partially submerged reef in the South China Sea that the Philippines occupies via a detachment of Marines stationed on a grounded Second World War landing ship. Eleven days later, China deployed a frigate and two CMS vessels to the shoal, in a move that the Philippines branded ‘provocative and illegal’. Manila responded with its own naval detachment to Second Thomas Shoal on 25 May. Two days later, China conducted its first tri-fleet exercise in the South China Sea for three years. Beijing has not said that its recent deployments are in support of Taiwan, but it is a peculiar coincidence that such a rare combination of exercises and deployments specifically targeting the Philippines could occur at the same time. This episode reflects the fact that the South China Sea remains an unstable region with rapidly evolving military rivalries, but it also underlines how the South China Sea can be used as an outlet for other national disputes. Gunboat diplomacy lends itself well to military coercion as it is flexible, containable and takes place in international space. The fact that the South China Sea can be used in such a way will only increase concerns about conflict in and over it.

ASEAN and the Code of Conduct of Parties in the South China Sea

By Evgeny Kanaev

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Examination of ASEAN policy on the elaboration of the Code reveals that it contains serious contradictions. The first of these contradictions is between the role of the former Chair and the informal leader of the Association, which Indonesia was and continues to be. During the next two years, the Chairmanship will pass to Brunei and Myanmar, which are unlikely to promote solving the problems of the South China Sea. Therefore, one may well expect a repetition of the situation of the ASEAN foreign ministers’ conference during the Cambodian Chairmanship. The second contradiction is between the desire to replace the 2002 Declaration by the Code and the interests of China. Beijing is not willing to have such a replacement and therefore will press for extension of the Declaration. The third contradiction is between the de-facto changed situation in the South China Sea and the existing instruments for problem resolution. At the current stage, the confrontation has exceeded the framework of the dispute on sovereignty over the Spratlys and the Paracels Islands, and the South China Sea represents an arena of acute geopolitical rivalry between the U.S. and China. Therefore it is most unlikely that Beijing will allow Washington to join the drafting of the Code. These factors substantially undermine the efficiency of the Association’s efforts to develop the Code. However, the main challenge for ASEAN is of a different nature. If the Association, having commenced the drafting of the Code, is unable to propose an option that will satisfy both Beijing and Washington, as well as its own member states, the notion of finding a legal solution to the accumulated problems may be discredited for many years to come. As a result, the situation in the South China Sea may remain one of the main sources of instability in the Pacific Asia for a long time.

Plucky or rash, the Philippines is right to challenge China

By David Pilling

Even if Unclos declares itself competent to judge the Philippine case, there are at least three things to bear in mind before we become too excited. First, contrary to what is often assumed, international law is not some Newtonian absolute. Rather, it is a set of common rules agreed by nations that emerged from a post-second world war order, and whose realities it reflects. International law is not the word of God. Second, there is very little “morality” when it comes to territorial disputes, no matter how loud countries shout about their inalienable rights. In most cases, it is the job of international law to decide who grabbed which territory first. Nation states with their fixed borders are a relatively new phenomenon. Today’s boundaries have more to do with armies and warships than righteousness. Third, the case for international law is undermined by the fact that the US, in whose image the postwar order has been created, often stands on the sidelines. Washington, for example, has never ratified Unclos. That makes it hard to insist that Beijing should abide by its decisions. That does not mean the Philippines is wrong to bring the case. It has done the right thing. One day, China may even participate in such a procedure itself. Prof Cohen tells the story of when, in 1972, he suggested to Zhou Enlai, China’s premier, that Beijing should name someone to sit on the International Court of Justice. The room fell silent before Zhou roared with laughter at the very idea of communist China joining “a racist, bourgeois institution that would never give [it] a fair shake”.  Yet, just over a decade later, China did exactly as Prof Cohen had suggested and nominated a candidate to the ICJ. If the Philippines waits long enough, it may yet get its day in court.

How Beijing Can Reassure Its Neighbors in the South China Sea

By Carla Freeman

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For Beijing, finding a way forward that assures the region that China is committed to remaining a good neighbor while upholding its interests in the South China Sea is challenging but not impossible. A key step would be for China to clarify the extent of its maritime claims in the South China Sea. The Chinese government has never asserted a claim to the entire South China Sea; however, official maps include a nine-dashed line encompassing much of the sea’s waters. China should clarify that its claims apply to certain land features and that the maritime sovereignty and jurisdictional control it seeks to exert, while extensive, is consistent with the limits permitted under the United Nations Convention on the Law of the Sea to which it is party. This would help ease regional (and international) concerns about the scope of its ambitions in the South China Sea. China should also identify and institutionalize processes for cooperating with other claimants. It should actively pursue a legally binding code of conduct in the sea that at minimum restrains the use of force to resolve maritime disputes and provides a framework for confidence-building measures in the contested waters. China should also pursue agreements with its neighbors on mutual commercial exploitation of resources in disputed regions. These can be crafted so that none of the claims of participating parties are disregarded or considered waived. An example of a successful scheme along these lines is the Saudi-Kuwaiti neutral zone, which allows both countries to exploit oil in the disputed area under a joint-operating agreement. Measures like joint-operating agreements will bolster mutually beneficial cooperation in the disputed areas. Combined with a binding code of conduct and Beijing’s clarification of its maritime claims, these steps offer an increasingly powerful China an opportunity to reassure all states in the region that it will remain a good neighbor. They will also help mitigate the potential for conflicting claims in the South China Sea to spark wider military conflict.