战略与国际研究中心-Cooperative-Architecture-in-the-South-China-Sea_-ASEAN_36页_7mb

Summary of "Cooperative Architecture in the South China Sea: ASEAN-China Zone of Peace, Freedom, Friendship, and Cooperation"

Core Content

This paper explores the challenges and complexities of the South China Sea (SCS) territorial disputes and evaluates the role of the ASEAN-China Declaration of Conduct (DOC-SCS) in managing them. It also discusses the potential need for a legally binding Code of Conduct (COC) and proposes a new cooperative framework called the Zone of Peace, Freedom, Friendship, and Cooperation (ZoPFF/C) as a way forward.

Main Viewpoints

• The SCS is a region of overlapping maritime claims, with several countries (Philippines, Vietnam, China, Malaysia, Brunei, and Taiwan) asserting sovereignty over islands, reefs, and other features.
• The DOC-SCS, signed in 2002, is a political agreement aimed at promoting peace and stability by:
  • Preventing the escalation of disputes.
  • Respecting navigational rights and the UN Convention on the Law of the Sea (UNCLOS).
  • Encouraging confidence-building measures (CBM), such as joint marine scientific research.
• The DOC-SCS is not legally binding, and its implementation remains incomplete due to the lack of agreement on Implementing Guidelines.
• China's 9-dash line claim, which asserts sovereignty over the entire SCS, has raised concerns among other claimants and undermined the effectiveness of the DOC.
• The 9-dash line is not recognized internationally and has no legal basis under UNCLOS. It has led to tensions and conflicts, including incidents involving fishing rights, military activities, and territorial occupation.
• The ZoPFF/C is proposed as a more comprehensive and legally binding framework to replace the DOC-SCS and ensure long-term peace, stability, and cooperation in the SCS.

Key Information

1. Nature of SCS Disputes

• The SCS is marked by overlapping maritime entitlements and territorial disputes.
• Geological features (islands, islets, reefs, etc.) are central to these disputes, with some states claiming sovereignty over the entire area.
• Legal distinctions between "islands" and "rocks" under UNCLOS are critical, as islands generate full maritime entitlements while rocks only allow for a 24 NM contiguous zone.
• Historic claims are a major source of dispute, with China using the 9-dash line, and the Philippines citing the Treaty of Paris (1946) as its basis.

2. DOC-SCS Overview

• Signed in 2002 in Phnom Penh, the DOC-SCS is a non-binding declaration of norms and principles.
• It includes Point No. 5, which prohibits new occupation of uninhabited islands in disputed areas, aiming to prevent further escalation.
• Despite its political importance, the DOC has not been fully implemented due to lack of consensus on Implementing Guidelines.

3. Implications of the 9-Dash Line

• China's 9-dash line claim extends beyond the actual disputed features, claiming the entire SCS.
• This has complicated the implementation of the DOC, as it allows China to challenge other states' claims even in areas they consider under their jurisdiction.
• The Philippines has raised legal and historical objections to the 9-dash line, emphasizing its sovereignty over the Kalayaan Island Group (KIG) and the adjacent waters.

4. Need for a Legal Architecture

• The paper argues that a broader legal framework is necessary to ensure peace and stability in the SCS.
• The ZoPFF/C is proposed as a more robust and binding alternative to the DOC, aimed at:
  • Establishing legal clarity on maritime boundaries.
  • Promoting cooperation and conflict resolution.
  • Respecting freedom of navigation and international law.

5. Recent Incidents and Tensions

• Taiwan's construction activities in Itu Aba (2005) led to protests and accusations of aggression.
• Con Son Basin dispute (2007) involved Vietnam and China, with BP suspending operations due to Chinese pressure.
• Paracel tensions (2007) included the detention of Vietnamese fishermen and military exercises.
• China's unilateral fishing ban (2009) led to diplomatic protests and reports of incidents involving Vietnamese fishing boats.
• The USNS Impeccable incident (2009) highlighted the strategic interests of both the U.S. and China in monitoring SCS activities.
• China's creation of Sansha City (2007) was seen as an assertion of control over the SCS and led to anti-China protests in Vietnam.

Conclusion

The paper emphasizes the urgent need for a legally binding COC to replace the current DOC-SCS and ensure effective dispute management. It outlines the limitations of the DOC, particularly in light of China's 9-dash line claim, and highlights the importance of a cooperative legal architecture such as the ZoPFF/C to maintain peace, freedom, and stability in the SCS.