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South China Sea
This Week in AsiaPolitics

South China Sea: Beijing rushing code of conduct to undermine 2016 Hague ruling, claims Philippines’ Del Rosario

  • Former foreign secretary and other experts allege Beijing has ulterior motive in claiming progress in long-running talks, and say final agreement is not likely this year or next
  • Critics say two provisions China placed in the draft code will compromise Southeast Asian nations’ ability to partner foreign firms in military exercises and exploitation of energy resources. But some say compromise is needed

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A Chinese coastguard ship in the South China Sea. Photo: EPA
Raissa Robles
Beijing is trying to rush through a code of conduct for the South China Sea because it wants to undermine an international court’s rejection of its territorial claims in the disputed waterway.
That was the claim made by the former foreign secretary of the Philippines Albert del Rosario during a lecture to honour the late Rodolfo Severino Jnr, a former secretary general of the Association of Southeast Asian Nations (Asean).

Talks on a code of conduct for the sea, where China and various Asean member states have several overlapping territorial disputes, have been going on for years, but appeared to have moved forward this month when Beijing claimed all sides had agreed to part of the text.

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But Del Rosario and other experts taking part in Thursday’s lecture poured cold water on any suggestion of a breakthrough, saying the code was not likely to be finalised either this year or next.

Among the biggest obstacles, Del Rosario said, were suspicions that Beijing – which had previously delayed the talks for years on end – “appears to be rushing the conclusion”.

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Del Rosario said this was because “China now sees the code of conduct as a way to undermine the 2016 ruling” by the Permanent Court of Arbitration in The Hague. That ruling, in a case brought against China by the Philippines, rejected Beijing’s territorial claims to more than 90 per cent of the waterway.

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