Established in 1967, the Association of Southeast Asian Nations (ASEAN) always aims at promoting regional peace, stability and development in the region, among which the participation in resolving disputes and conflicts in general, and the ones in the East Sea, in particular are ASEAN’s interests and responsibility. This is also the foundation for the Association to promote the building of ASEAN Community by 2015.
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Prime Minister Nguyen Tan Dung at the 24th ASEAN Summit (Photo: VNA) |
ASEAN’s interests in the East Sea Issues
Due to geographical features and issues bequeathed by history, at present, regarding Vietnam’s Paracel and Spratley Islands and the East Sea, there are other countries, including Brunei, Malaysia, the Philippines, China and Taiwan claiming sovereignty over the islands. Other countries like Cambodia, Indonesia, Thailand and Singapore also enjoy benefits the East Sea brings about, in terms of economy, freedom of trade, defence and security. Though Myanmar is not located near the East Sea, this is the most favorable sea lane for Myanmar to communicate with the rest of the world, especially with countries on the Pacific rim. The East Sea also indirectly brings benefits to Laos though it is a landlocked country. Therefore, whatever types of disputes in the East Sea they maybe, they still pose a threat to the security in the region. They not only threaten each nation’s interests, but also make the cooperation and development processes within the Association and between the Association and outside partners worsened. On the other hand, if disputes continue its tension, there will be an arms race among countries in the region, which may have bad impacts on economic development and expand mutual suspicions, and lead to security instability in the region.
It should be noted that the active participation in resolving disputes, establishing security mechanisms to consolidate trust and prevent conflicts in the East Sea will help ASEAN maintain its central role and play as a driving force of multilateral cooperation mechanisms, such as ASEAN Regional Forum (ARF), the East Asia Summit (EAS), ASEAN Defence Ministers’ Meeting-Plus (ADMM+), increase the Association’s and each ASEAN member state’s immunity from increasing geo-political pressure created by strategic rivalry among major powers. At the same time, ASEAN’s and ASEAN member state’s attraction and effectiveness will be increased in expanding cooperation with outside partners, consolidating the position of ASEAN and making a new factor for building a peaceful environment as well as multilateral cooperation mechanisms in the region. Therefore, participating in addressing contradictions and preventing conflicts in the East Sea will help ASEAN realize the ASEAN Political-Security Community (APSC) by 2015; preventing falling into geo-political rivalry vortex among major powers; maintain ASEAN central role in evolving regional architectures and reduce strategic monopoly of some regional major powers. Therefore, active participation in effectively resolving above-mentioned issues is not only ASEAN’s rights and responsibilities, but also a test of realizing APSC.
ASEAN’s practice in resolving disputes in the East Sea
Since its establishment, ASEAN’s interests are always tied in with the East Sea. At the initial stage, ASEAN’s role in resolving disputes in the East Sea was rather modest. To some extent, it showed that disputes in the East Sea (at this stage) were in a small number, not so complicated and more importantly it did not pose a menace to the security of the Association. Moreover, during the Cold War, US Naval presence was strong in the region and played a role as a security “umbrella” for the allies that were ASEAN member states. Hence, the participation in resolving disputes in the East Sea was not so urgent. ASEAN did not have any response to the Chinese action to use force to occupy Vietnam’s Paracel Islands in 1974 and regarded as an internal affair between the two countries. Only when the US withdrew troops from Subic and Clark military bases in the Philippines and the presence of Chinese Navy for the first time in the Spratley Islands in the late 1980s and early 1990s did ASEAN feel concerned and urged ASEAN to adopt “the ASEAN Declaration on the East Sea” in 1992 which was regarded as the first official document of the Association. In this document, ASEAN affirm that adverse developments in the East Sea directly affect peace and stability in the region. The Declaration also emphasizes the necessity to resolve all sovereignty and jurisdictional issues pertaining to the East Sea by peaceful means, without resort to force.
Since China occupied the Mischief Reef in the Spratley Islands in 1995, the US and the Philippines have joint statements and communiqué’ of the incident. Along with the international community’s concern of the situation in the East Sea, ASEAN’s unity and efforts have brought about incentive results. In particular, ASEAN Ministerial Meeting (July 1996) in Jakarta, Indonesia, endorsed the building of the Code of Conduct (COC) in the East Sea between ASEAN and China. However, due to Beijing delay and denial, the goal of the establishment of COC was not done, and instead, ASEAN and China agreed to adopt the Declaration on the Conduct of Parties in the East Sea (DOC) in November 2002. Though having little legally binding, DOC affirms political commitments of related parties, including China, of resolving disputes by peaceful means, confidence building and cooperation activities. In 2008, 2011 and 2012, ASEAN has continuously had joint communiques with the emphasis of “enhancing efforts for the implementation of DOC”. In 2011, ASEAN and China adopted Guidelines for the Implementation of the DOC. In 2012, ASEAN finalized fundamental documents on COC elements, making contribution to reduce the tension in the East Sea, as well as consolidating the unity of the Association.
Apart from promoting the “consensus” of the Association, ASEAN has exploited other forums, including ARF, EAS, ADMM+, etc., to push up the settlement of disputes in the East Sea. Notably, the 17th ARF Statement emphasized the necessity of the full implementation of DOC, the 1982 United Nations Convention of the Law of the Sea and move forward to build COC. It is clearly that since 1990, ASEAN has strived collectively to create regimes in order to build confidence, prevent conflicts, and promote peace, cooperation and development in the region.
The breakthrough of the 24th ASEAN Summit
According to international analysts, though ASEAN has made improvements of the unity and consensus of the bloc, the linkage among ASEAN member states is loose, even there is division of some issues within the Association. This is manifested in the behavior of “moderation”, not raising high the political responsibility of some of the member states in implementing the agreements on the East Sea, etc. This is also the reason for China to take advantage and conduct dangerous encroached actions, thus making the East Sea “choppy”. Especially, at the beginning of May 2014, China has blatantly placed the Haiyan Shiyou 981 oil rig deep in the exclusive economic zone and continental shelf of Vietnam with the support of a great number of vessels, including combat ships, aircraft on the threshold of the 24th ASEAN Summit.
Though it was not the main topic of the meeting, due to its significance, the East Sea became the focal point of the 24th ASEAN Summit. All ASEAN leaders showed their deep concern of China’s infringement of some of ASEAN member states’ maritime sovereignty and regarded it as a dangerous action, seriously violating Vietnam’s territorial sovereignty, the 1982 United Nations Convention on the Law of the Sea and DOC of which China is a signatory, gravely impacting on maritime safety and security, and in and over-flight above the East Sea, as well as regional peace and stability. Together with the promotion of the building of the ASEAN Community by 2015, the situation in the East Sea was also mentioned in the 24th ASEAN Summit Statement (Nay Pyi Taw Declaration): “We expressed serious concerns over the on-going developments in the East Sea. We reaffirmed the importance of maintaining peace and stability, maritime security, freedom of navigation in and over-flight above the East Sea. We called on all parties to the DOC to undertake full and effective implementation of the DOC in its entirety in order to create an environment of mutual trust and confidence; to exercise self-restraint, not to resort to threat or use of force, and to resolve disputes by peaceful means in accordance with the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea”. This is a vivid manifestation of ASEAN’s unity and high consensus and active and responsible role for regional peace, stability and security, in general, and in the East Sea, in particular; and strongly affirming the rules of ASEAN and international law.
In May 10, 2014, ASEAN Foreign Ministers agreed to adopt ASEAN Statement on the Current Development in the East Sea. In accordance with ASEAN’s regulations, a separate declaration is the ultimate response form of the Association which requires all member states’ consensus in terms of contents, words and the form of the text. This is the first time after 20 years, ASEAN Foreign Ministers adopted a separate declaration on a regional “hot” issue. It should also be noted that ASEAN Foreign Ministers was originally a preparatory meeting for the Summit Meeting. However, due to on-going increasingly grave developments in the East Sea, ASEAN broke with precedent to adopt a separate statement in a meeting day, just only one day before the Summit Meeting. This action showed clearly the spirit of unity, as well as central role and the responsibility of ASEAN in regional issues, especially the Chinese blatant placement of the Haiyan Shiyou 981 oil rig deep in the exclusive economic zone and continental shelf of Vietnam with the support of a great number of vessels and aircraft encroaching on Vietnam’s waters, posing threat to ASEAN and the world’s common interests.
In conclusion, the participation in resolving regional issues, in general, and deep changes in struggling to settle disputes in the East Sea at present has shown the responsibility of each member state as well as the Association, making contribution to realize APSC by 2015. This is a significant issue, creating a driving force for the unity, consensus and enhancement of the central role of ASEAN in addressing regional complicated issues, and this is also the best way for self-protection under the regional unforeseen geo-political changes.
Maj. Gen. Assoc. Prof. Nguyen Hong Quan, Ph.D
Deputy Director General of the Institute for Defense Strategy