Resonance on East Sea in 2021 ASEAN Summit meetings

While there might be many narratives coming from different strategic experts, but the truth can be ascertained US Navy only. The shadow of the incident loomed large over the ASEAN summit meeting which was held in October 26-28 and there has been strong support coming from all quarters about the signing of the code of conduct in South China Sea. As already it is well known that the declaration of code of conduct (DOC) in South China Sea has been the non-binding agreement, which is voluntary in nature, is existing in this context.

China has enunciated the new maritime Coast Guard law which empowers the Chinese Coast Guard to use weapons and enforce its perceived maritime borders in South China Sea. Similarly, China has also initiated the new border law in the context of India China border which empowers the Chinese PLA to make moves to formalize the current border between the two countries. This new border law used to empower the military to define their sovereign territories along the border and legally justify the moves made by the PLA. Drawing analogies between the two laws it seems very pertinent that China is trying to define both land and maritime borders in and around its periphery as per its whims and fancies. China on its part has stated that its new coast guard law and land border law are meant to define provisions related to the delineation of land borders as well as maritime borders to regulate management of borders and promote international cooperation with the peripheral countries.

During the ASEAN meeting this year there have been strong rebuttals of Chinese position on South China Sea. One of the dialogue partners Australia has upgraded its ties with ASEAN to a comprehensive strategic partnership and this is meant to bring more involvement of Australia into the activities of ASEAN. Prime Minister Scott Morrison stated that the comprehensive strategic partnership is meant to bring more substance into the relationship to address complex challenges in future. ASEAN have been approached by China too for upgrading partnership but the member countries have not given any clear indication of upgrading the partnership with China, and ASEAN has given a muted response to Chinese overtures in this regard.

Beijing has been militarizing the South China Sea islands with the improved military infrastructure which includes strengthening the jetties, expanding the area of the reclaimed islands, installing sophisticated radar systems and electronic warfare equipment, deploying surface to air missiles, extending runways to accommodate the operations of maritime surveillance and fighter aircrafts. Apart from these, China has been undertaking maritime surveillance activities in SCS in areas such as Reed bank, Vanguard bank, Whitsun Reef and areas closer to Scarborough Shoal. Earlier this year China has deployed more than 200 fishermen militia boats within Philippine Exclusive Economic Zone and tried to intimidate the Filipino fishermen in that area. After international attention was drawn to this, China has slowly withdrawn from that area. However, it is seen as a Chinese characteristic of salami slicing in that maritime area.

U.S. President Joe Biden also attended the ASEAN meeting and during the East Asia summit meeting which he attended virtually, he clearly stated that US is concerned about the threat to the rules-based order in the region and would strive to maintain rule of law and freedom of the seas. In August 2021, ASEAN has stated that it is drawing close to setting up the code of conduct and standard operating procedures in South China Sea to avert any maritime clashes or disaster in these contested waters. ASEAN has agreed to adopt a single draft for negotiations and concluding the code of conduct agreement in a time bound manner.

Prime Minister Modi during his speech at the meeting between India and ASEAN nations alluded to the South China Sea issue and stated that there can be convergence about India's Indo-Pacific Oceans Initiative and ASEAN outlook on Indo-Pacific. He also opined that there is a need for rules-based order and maintaining peace and tranquility in South China Sea. In the joint statement released after the meeting it was clearly stated that India supports Asian centrality in this Indo-Pacific region and buttressed its strong support for freedom of navigation and over flight in South China Sea. Looking into the statement it seems pertinent to note that India would be upgrading its maritime cooperation with ASEAN countries in the coming year.

The Ministry of External Affairs of India also in a statement clearly stated that India and ASEAN are willing to work on issues related to South China Sea and terrorism, and the two sides have strongly stressed on adherence to international law under the UNCLOS. Almost all the dialogue partners, except for China, have stressed on the rules-based order and resolution of disputes through dialogue mechanisms in South China Sea.

The participation of the dialogue partners in the East Asia summit either through online or in person mode showcase the fact that it has become a premier leader’s forum for discussion and dialogue in the region. The meeting this year also highlighted the need for a fast track approach for resolving the South China Sea issue and maintaining status quo in the contested waters. In the meeting between Japan’s new Prime Minister Kishida Fumio and ASEAN nations, the Japanese PM articulated Japan's strong stance on maritime security in East China Sea and South China Sea, and welcomed the organization's role in promoting peace and stability in the region He urged the Southeast Asian nations for implementing DOC and completing the draft formalities for CoC so that it can be turned into a formal agreement. Of late US and Japan has been conducting bilateral exercises in South China Sea and trying to enforce freedom of navigation and operations in the region. The two countries have time and again strongly demonstrated their commitment towards international law and maintaining freedom of navigation. The international community needs to closely monitor developments and ensure navigation in the Indo-Pacific, including the South China Sea, forcing China to comply with international law, thereby contributing to peace, stability and prosperity in the region. 

Pic Courtesy-Vietnam News Agency

(The views expressed are those of the author and do not represent views of CESCUBE.)