China must not derail revived South China Sea code of conduct talks
- Asean ministers have agreed to revive talks on the code of conduct, but they are applying international law rather than China’s preferred rules
- China must understand that coercion and negotiations cannot take place simultaneously if it wants to bring the code of conduct into being
The laser temporarily blinded the crew and halted the mission. While the Philippines maintains the right to conduct legitimate activities within its EEZ, Chinese aggressiveness has often jeopardised the Philippines’ maritime rights, as it has of the other South China Sea states.
For this reason, Asean ministers have agreed to revive talks on the code of conduct, but they are not playing by China’s rules. While Beijing clings to the idea that international law does not apply to the South China Sea dispute, Asean ministers continue to emphasise cooperation, convergence of interests and open regionalism to ensure stability and the rule of law in the region.
According to Indonesian Foreign Minister Retno Marsudi, Asean ministers are willing to conclude code of conduct negotiations as soon as possible but will need several rounds of negotiations. The first round is expected to take place later this month.
It is clear China wants Southeast Asian states to accept and enforce Chinese rules if they want to navigate in the region. However, Southeast Asian states are determined to enforce UNCLOS rules to uphold freedom of navigation and the liberal international order.
Will Indonesian efforts bear fruit given these circumstances? While Indonesia aims to establish a set of rules for maritime behaviour in the South China Sea as chair of Asean, negotiations could extend beyond its one-year tenure given competing interests and ideologies. What is important is that negotiations continue despite the Asean leadership rotating.
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A plausible course of action is to begin with some basic principles which govern behaviour at sea. This will ensure China halts its aggressive and coercive actions against other states while negotiations are ongoing. It will help build mutual trust and confidence among Southeast Asian states as well as develop respect and ensure observance of the code of conduct once it materialises.
China needs to understand that coercion and negotiations cannot take place simultaneously. If it wants to develop a code of conduct now that Indonesia has persuaded Asean members to revive talks, China should cooperate to bring peace, security and stability to the region. Even if the code of conduct does not emerge under Indonesian leadership, Indonesia will always remain a flag-bearer for initiating this crucial step.
Simon Hutagalung is a senior diplomat in Indonesia’s Ministry of Foreign Affairs. Presently, he is the coordinator for terrorism at the Centre for Asia, Africa and Middle East Region. The opinions expressed here are the author’s own and do not represent those of the ministry