(VOVworld)- The development of the Code of Conduct of Parties in the East Sea (COC) between ASEAN and China witnessed positive signs after senior leaders of both sides, in a meeting in Thailand, demonstrated their determination to activate the process. Though it will take time for this legal document to be realized, the public see it as an important step toward a solution in the East Sea.
On October 30, after an unofficial meeting before the ASEAN summit, ASEAN and Chinese senior officials released a statement highlighting the importance of strictly and fully implementing the 2002 the Declaration on Conducts of Parties in the East Sea (DOC) and approving the Code of Conduct of Parties in the East Sea as soon as possible. Head of the host Thailand delegation Sihasak Phuang Ketkeow said both sides have reached a consensus and share a common concern in maintaining peace and stability in the East Sea because the ASEAN-China relationship is not just for mutual benefit but also helps to ensure peace and stability throughout the region. ASEAN Secretary General Surin Pitsuwan on Wednesday stressed that China and ASEAN are showing a sense of urgency about easing the tension. He said in June this at the ASEAN Foreign Minister’s Meeting that for the first time in 45 years, the meeting ended without a declaration due to differences over the East Sea issue. It’s a good time now for the bloc to strengthen unity and boost COC negotiation with China in order to work out a mechanism to maintain peace and stability in the region. Before that, Singapore’s Foreign Minister underlined that the agreement to activate COC negotiation was a good beginning reflecting a determination to solve disputes in the East Sea peacefully. Major components of the COC have already been completed and will be negotiated with China before being submitted to the ASEAN Summit in Cambodia later this month.
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The idea of a COC for the region was initiated in the ASEAN Declaration in 1992. However, it took ten years to negotiate and in 2002, in Phnompenh, Cambodia, ASEAN and Chinese foreign ministers agreed to ratify the DOC, which was half way to the COC. It took another ten years for negotiations to begin and then at their summit in Bali, Indonesia in July 2011, the foreign ministers reached a consensus and approved the Principles guiding the implementation of the DOC. However, this document could not head off tension in the East Sea because the East Sea has always occupied a crucial economic and strategic position and thus has always posed a risk of disputes and instability.
During its 10 years of implementation, the DOC has revealed problems because it is not an international agreement and has no compulsory legal value. The DOC only reflects a political commitment between countries but without a mechanism to ensure compliance. Solving disputes in the East Sea between ASEAN and China will require documents with higher legal status. Analysts say negotiation of a COC between ASEAN and China will take time and demands mutual trust and efforts. The two need to agree on three main issues: identifying disputed areas, stipulating non-binding actions, and working out mechanism to monitor and resolve disputes. Solving problems in developing the COC requires goodwill from the parties involved as well as respect for international laws like the 1982 UN Law on the Sea.
This year, ASEAN and China are celebrating the 15th anniversary of their partnership. Many people are hoping they will soon release a common statement on the development of the COC to submit to the ASEAN summit in Cambodia later this month.
Anh Huyen