alt

Activities of the Claimants

China

Philippine-Chinese relations remain strong

Officials claim the relationship between Filipino and Chinese communities within the country is still smooth and is getting closer despite the territorial dispute at the Scarborough Shoal between the two countries. Chinese Ambassador to the Philippines Ma Keqing had earlier revealed the close friendship of the two countries is not affected by the dispute. She added instead of dying, it further flourished for the parties’ benefits.

China formally rejects UN arbitration on the South China Sea issue

alt

In a press conference on February 18th, Chinese Foreign Ministry Spokesperson Hong Lei said that Chinese Ambassador to the Philippines Ma Keqing had called a meeting with officials of the Philippine Foreign Ministry on February 18th, made clear that China refused to accept Philippines' note regarding bringing the South China Sea dispute between the two countries to international arbitration and its attached notice and returned them. He said: ”The Philippines' note and its attached notice not only violate the consensus (DOC), but also contain serious errors in fact and law as well as false accusations against China, which we firmly oppose.” ” China hopes that the Philippines would honor its commitments, refrain from taking actions that may complicate and aggravate the issue, and make positive response to China's proposals of establishing a consultation mechanism on bilateral maritime issues and resuming the mechanism on confidence-building measures so as to return to the right track of resolving disputes through bilateral negotiations.”

China wants to maintain the dialogue framework

In response to a statement issued by Philippine Foreign Ministry saying that it would push forward the arbitration process against China on the South China Sea dispute between the two countries, Chinese Foreign Ministry Spokesperson Hong Lei said “Both the Philippines and China are signatories to the Declaration on the Conduct of Parties in South China Sea (DOC) and have made commitments on comprehensive and earnest implementation of the DOC. We disapprove of the Philippine Foreign Ministry's practice of bringing international arbitration and have made clear our opposition stance.” “China maintains that the dialogue framework supported by most countries in the region should be upheld”, he added.

China dispatches fleet to patrol South China Sea

A fleet of Chinese marine surveillance ships departed from Guangzhou on February 18th to carry out regular patrol missions in the South China Sea, according to the State Oceanic Administration (SOA). The fleet consists of the Haijian 84 and Haijian 72, an SOA statement issued said. The regular patrols are meant to safeguard the country's marine interests, it added.

Taiwan rules out cross-strait action on the South China Sea issue

Taiwanese Ministry of Foreign Affairs spokesman Steve C.C. Hsia said cross-strait cooperation in the South China Sea will also not be considered. “The ROC has consistently maintained sovereignty over the archipelagos in the region and their surrounding waters, including the Spratly, Pratas, Paracel and Macclesfield Bank island groups.” he said. Hsia reaffirmed the government’s desire to work together with other countries to develop resources in the region, based on the principles of ROC sovereignty over the islands and the shelving of disputes.

The Philippines

Philippines to equip anti-ship missiles

alt

A Philippine Department of National Defense official revealed that a committee is now studying the possibility of arming the Philippine Navy’s two Hamilton-class cutters with anti-ship missiles. However, the official refused to disclose the type of anti-ship missiles currently being evaluated by the committee, but he said that once installed, this will give the BRP Gregorio Del Pilar (PF-15) and soon to arrive BRP Ramon Alcaraz (PF-16) more capability in protecting the country's maritime domain.

Philippines plans wider claim on contested sea water

A Philippine government agency official said on February 18th that the government was planning to file a new claim with the United Nations for the country extended western continental shelf to strengthen its claim in the South China Sea. Philippine Energy Department undersecretary Ramon Oca said the new claim would include the extended western continental shelf beyond the 200 kilometer exclusive economic zone or EEZ, which included parts of the South China Sea. “If that is approved at the UNCLOS, that means we have the exclusive right to explore and exploit the resources within the continental shelf,” Oca said.

Philippines on 'right track' over China challenge

The Philippines said on February 20th that it was on "the right track" in seeking to have a UN tribunal strike down China's claims to most of the South China Sea, after the Chinese government rejected the process. Philippine President Benigno Aquino's chief aide, Rene Almendras, said the government expected China to ignore the plan to bring the matter up at the United Nations and stressed the case could still proceed without Beijing' approval. "We will follow the process whether they agree to it or not," Almendras told reporters. "Of course, we are of the opinion that we are on the right track... we would not have started it if we did not think that we would have enough basis to file all these issuances."

Philippines ‘were not surprised’ at China’s rejection

In a press briefing, department spokesman Raul Hernandez noted that that Philippines has engaged China in political and diplomatic dialogues for peaceful negotiations but Manila has failed to convince Beijing to peacefully resolve the dispute. The Philippines has been engaging China in political and diplomatic dialogues for a peaceful negotiated settlement of its maritime dispute for the past 18 years, but with no success, he said. In every occasion, China always asserts its indisputable sovereignty over the entire South China Sea, he said. Like Almendras, Hernandez said he expected Beijings response. We were not surprised at all at this move because remember China for the very beginning, has been saying all along that they will not join any process that would involve the UN, Hernandez said.

The U.S.

Dispute settlement procedures do not preclude or hinder the code of conduct negotiations

alt

In a daily press on 19th February, US Department of State Spokesperson Victoria Nuland  said that the United States supports the use of diplomatic and other peaceful means to manage and resolve these kinds of disagreements, including the use of arbitration or other international legal mechanisms. “The Law of the Sea Convention contains procedures under which parties can seek third-party dispute settlement with regard to certain disputes involving the interpretation or application of the convention. We continue to encourage ASEAN and China at the same time to also make rapid progress on a meaningful code of conduct.”, she said.

Others

EU backs UN arbitration of Philippines-China row

The Philippine Department of Foreign Affairs said seven Members of the European Parliament (MEPs) from the legislature’s Delegation for Relations of Southeast Asia and Asean expressed to Philippine Foreign Secretary Albert del Rosario their support for the Philippines’ move to use peaceful and rules-based methods of solving its maritime disputes with its neighbors, particularly the recent decision of the Philippines to submit to the nine-dash claim of China before an arbitral tribunal. The MEPs agreed with Del Rosario that the legal track provides for a stable, nonviolent and durable solution to the issue.

UN backs peaceful solution to sea row

alt

In a statement, the Philippine Department of Foreign Affairs said UN Secretary General Ban Ki-moon “renewed the world body’s support for a peaceful and amicable resolution” of the territorial row between the two countries when the UN chief met with Philippine Ambassador and Permanent Representative to the UN Libran Cabactulan at the UN headquarters in New York on February 19th. During the meeting, Cabactulan reiterated to Ban the Philippines’ bid for arbitration as one such means to settle the dispute, a move that China has rejected asserting its historical ownership of territories in the contested waters.

Regional Snapshots

Shangri-La Dialogue warns over the South China Sea issue

Speaking at the inaugural Shangri-la Dialogue on 18th February, Singaporean Defence Minister Ng Eng Hen said better frameworks are needed to help ensure that Asia remains stable. He said these frameworks must be anchored by three key principles. First, they should be open and inclusive, with countries - big or small - having a say. Second, the rule of law must be the bedrock of global governance. Third, they must deliver real results in order to be credible. Dr Ng also warned that regional stability can be hurt by the greater divides within and across countries, as well as the inability of local governments to act quickly or plan for the longer term. These include issues stemming from greater polarisation, the rise of the middle class, as well as the resurgence of nationalism arising from the South China Sea and East China Sea disputes.

Vietnam supports ASEAN – India strategic partnership

alt

Vietnamese Deputy Foreign Minister Pham Quang Vinh has affirmed Vietnam’s support for the increased ASEAN – India strategic partnership in various fields at their fifth annual dialogue which concluded in New Delhi, India, on February 20th.  Addressing the two-day event, Vinh said the dialogue takes place in the context that the region is facing opportunities and challenges. Vinh stressed the need to grasp an overall picture of regional situation and existing strong foundation between ASEAN and India , as well as recognize challenges relating to regional peace and security, including traditional and non-traditional security, and economic opportunities and potentials. The Vietnamese Deputy Foreign Minister said he hopes ASEAN members and other nations, including India, will support the joint effort between ASEAN and related countries in ensuring peace, stability and maritime security and safety in the East Sea as well as the settlement of disputes by peaceful means on the basis of respecting international law and conventions on the law of the sea, including the Declaration on the Conduct of Parties in the East Sea (DOC) and the ASE AN’s Six-Point Principles.

Abe meets with Obama to seek enhanced Japan-U.S. alliance

Japan and the United States will seek enhanced security cooperation on February 22nd at a summit of their leaders, responding to the growing threats from North Korea's nuclear ambitions and Chinese military assertiveness. Abe will also propose to Obama bolstering Japan's maritime security cooperation with the United States, Japanese officials said, aiming to ensure more commitment by the alliance to peace and stability in the East China and South China seas at a time of growing Chinese military assertiveness.

Tokyo, Manila reaffirm defense ties

alt

Tokyo and Manila have reaffirmed that they will bolster defense cooperation in response to the recent bellicose actions and rhetoric of Beijing, which is seeking to expand its maritime interests in the East China and the South China seas. The agreement came in vice director-level talks on maritime security held Friday at the Philippines’ Foreign Ministry. The recent standoff between Japan and China over the Senkaku/Diaoyu Islands in the East China Sea, as well as the presence of Chinese surveillance ships near the disputed Scarborough Shoal off the Philippine coast in the South China Sea, were raised in the six-hour dialogue, according to participants. Both sides agreed that sovereignty disputes “should be settled peacefully in accordance with the relevant international laws,” a statement issued after the discussions said. 

Commentaries & Analyses

The impossible dream and the South China Sea

It is no wonder that some describe the Philippine move as “bold” while others “desperate:” its future path appears as a battle between Don Quixote and the windmill, in addition to David versus Goliath. It is indeed an idealistic gambit, requiring the confluence of both good fortune and skill in order to prevail. What people must understand is that the idealism in UNCLOS rules and the reality of international relations do not converge, and there is a constant tug-of-war between the demands of principles and the requirements of politics. If anything, the arbitration process only places a greater onus on the Philippines to become better in international diplomacy, enhance its skills in bilateral and multi-lateral negotiations, and ironically, improve its relations with China. The arbitration cannot take place in isolation from other foreign relations, and any one of the wild cards and alternative tracks outlined above will require major diplomatic activity. Unlike in a domestic context where litigants can ask a court to render and enforce judgment after which the parties go on their separate ways, an international arbitration requires the parties to work together and jointly recognize and implement the award. If the arbitration succeeds then the award can only provide a new starting point for conducting bilateral relations, and falls rather short of defining a final, comprehensive, and durable solution to the issues in the SCS. If the arbitration fails then the parties likewise have no choice but to continue working bilaterally toward a peaceful solution because no proposal can work without both parties' cooperation. This arbitration exercise may in fact be more useful in providing opportunities for breaking the deadlock in relations rather than producing a decision. In the end, a truly durable solution to the issues in the SCS requires the Philippines to marshal incredibly skillful diplomacy, muster improbably good luck, and have absolute and unshakeable faith in an impossible dream. 

Manila Ups the Ante in the South China Sea

alt

In a surprise move on January 22, the Philippine government informed the Chinese embassy in Manila that it unilaterally would submit the two countries’ overlapping jurisdictional claims in the South China Sea to international legal arbitration at the United Nations (UN). Manila’s audacious move is a major development in the long running dispute as it marks the first time one of the Southeast Asian parties has resorted to legal means to challenge China’s expansive claims. If the UN tribunal decides to hear the case, any ruling it issues will have wide-ranging legal, political and strategic implications. While a final decision by the tribunal is likely to be several years away, in the short term, the Philippine gambit almost certainly will provoke an indignant response from Beijing, exacerbate strains in Sino-Philippine relations and set back efforts by the Association of Southeast Asian Nations (ASEAN) to negotiate a binding code of conduct on the South China Sea with China.

South China Sea code of conduct between Asean and China in peril

If China needed any further excuses to place on the back burner negotiations with Asean over worsening tensions in the South China Sea, the Philippines' actions in the past week may have provided them with one. Manila's move to use the UN Convention on the Law of the Sea to force a ruling on China's controversial claim to virtually the entire South China Sea is as bold as it is intriguing, setting the stage for several years of legal exposure that will not be welcomed by a Beijing increasingly determined to bend the region to its will. It may also complicate an already fractious situation between China and the Association of Southeast Asian Nations, further imperiling already delayed talks over a once-vaunted code of conduct, according to insiders. Manila's gambit may allow China to further delay talks by insisting the time simply isn't ripe. Filipino officials insist they are still committed to the Asean track but say being backed into a corner after 18 years of bilateral diplomacy with Beijing over the sea issue has only placed their sovereignty at greater risk. "With our sovereignty under direct threat, at some point we've got to act to protect our national interests, and that point has arrived," one official said. "It is all about finding the best way to a durable solution and we felt we couldn't wait any longer." Even before Manila's move, Asean diplomats were talking privately of a code not being ready until 2015, or even later. And even if such a document is eventually produced, it might not go much further than the 2002 model. If that proves to be the case, a worried Manila will have lost little by voting with its feet and going to the UN.

Japan’s ASEAN Charm Offensive

alt

Why are high-level Japanese officials converging on Southeast Asian capitals so soon after the election of Japanese Prime Minister Shinzo Abe just a few weeks ago? Japan’s interest and role in Southeast Asia is nothing new and extends beyond current concerns about China. In fact, Japan has long been one of ASEAN’s oldest and most important dialogue partners. It is true that a confluence of contemporary events is making 2013 an important year for consolidating relations between Japan and Southeast Asia. More importantly, the list of common interests between Japan and Southeast Asia is arguably longer now than ever before. Economically, Japan is seeking new markets amid its fourth recession since 2000 and souring relations with China, while ASEAN is looking for partners to help it forge a cohesive ASEAN Economic Community by the end of 2015 through funding infrastructure projects. In the security sphere, both Japan and many Southeast Asian states currently have territorial disputes with China, in addition to a diverse range of common vital security interests ranging from natural disasters to drugs and terrorism. A number of other areas could see development in ASEAN-Japan relations in 2013. Energy security will likely be emphasized since it is vital to realizing the ASEAN Economic Community and is a priority for Brunei who is chairing ASEAN this year. The exact path to strengthening relations between Japan and Southeast Asia will be forged by both sides in the coming months. But the need for cooperation, not just on China but across a range of fields, is clear. Southeast Asia watchers should add ASEAN-Japan relations to their list of things to keep an eye on for the rest of 2013.

Click here for pdf file.