Regional News
MANILA, Philippines – A former US defense official cited yesterday the lack of a binding code of conduct among claimants of the disputed Spratly Islands in the West Philippine Sea as a major cause for concern that could lead to further tension in the region.
Frank Wisner, former US undersecretary of defense for policy, said a code of conduct would serve the interests of all stakeholders in the West Philippine Sea.
“We have noted with concern that the parties have not yet agreed on binding guidelines for implementation, a fact that leaves room for misunderstandings and the possibility of increased tensions,” Wisner told the Forum on South China Sea organized by the Carlos P. Romulo Foundation in Makati.
“It is a matter of regret that the region’s diplomacy has not moved vigorously and achieved a Code of Conduct to cover differences in the South China Sea.”
The 2002 Declaration on the Conduct of Parties in the South China Sea was signed by China and Southeast Asian nations in a bid to resolve territorial disputes peacefully. However, specific and binding guidelines have yet to be approved.
“The time is right for tempers to cool and diplomatic engagements to take over. A Code of Conduct is needed,” he said.
Wisner, who is now international affairs advisor of law firm Patton Boggs, LLP, welcomed recent efforts of the Chinese government to send a signal of cooperation to its neighbors.
“There must be no gap, however, between the statements and the actions of any party, China included,” he said.
Wisner said the US pays close attention to developments in the West Philippine Sea as it is concerned about the freedom of navigation and right of free passage.
“The United States is a Pacific power; our destiny is linked to this region. America’s security and economic well-being depend heavily on Asia and this fact will grow in importance in the years ahead,” he said.
Wisner noted that half of the world’s merchant fleets pass through the West Philippine Sea area. He said 80 percent of China’s oil is shipped through the sealanes of the West Philippine Sea while a large percentage of energy supplies required in Japan, Korea and China make a similar voyage.
“The right of free passage and freedom of navigation and the orderly and consensual exploitation of the resources of the South China Sea are matters of huge importance to all nations,” the former US official said.
China, the Philippines, Brunei, Malaysia, Vietnam and Taiwan claim either part or the entire Spratly Islands.
The island group, which is said to be rich in oil deposits, has been the subject of a territorial dispute in the region.
In the same forum, Chen Shiqiu, professor at China’s Foreign Affairs University, claimed that discovery is the oldest way to claim land territory.
He said historical facts prove that before the 16th to 17th century, it was China that first discovered, occupied and developed the Nansha Islands, another name for the Spratlys.
“The Nansha Islands have become an inalienable part of Chinese territory since then,” Chen, a former permanent representative and ambassador to the United Nations, said.
“Discovery can produce complete sovereignty. New territories and islands were subject to claim of sovereignty by discovery.”
Chen said the United Nations Convention on the Law of the Sea (UNCLOS) is not a basis in asserting territorial claim. He said the UNCLOS only prescribes the regime of maritime zones.
“The 1982 Convention on the Law of the Sea has no provisions on sovereignty nor does it regulate sovereignty over islands of their original status,” Chen said.
“UNCLOS can in no way serve as a basis for a country’s territorial claim, nor can it change China’s indisputable legal status as having sovereignty over the Nansha islands.”
In a paper presented during the forum, Chen said external forces should not be involved in the West Philippine Sea dispute.
“Internationalizing the South China Sea issue is undesirable as that will only further complicate the situation,” he said.
The Philippines has said it is ready to defend its territorial claims in accordance with the UNCLOS and has urged China to do the same.
Foreign Affairs Secretary Albert del Rosario had suggested that the Philippines and China resolve their dispute through the International Tribunal for the Law of the Sea, an independent body that adjudicates territorial disputes.
The Philippines made the proposal after it had accused China of intruding into its territory at least seven times this year. China has belied the allegations and urged the Philippines to stop issuing statements that damage its sovereignty.
Chen said there are four possible scenarios for the resolution of the territorial dispute.
These are resolution by threat or use of force; the “let it be” scenario where claimants would engage in a “war of word” or actions based on their unilateral claims; resolution through direct dialogue and peaceful means; and putting aside the dispute for joint development.
“Joint development will not only bring benefits to all parties concerned but also create favorable environment and atmosphere for settling disputes in a long run,” Chen said.
According to Chen, joint development should be “the most practical, feasible and win-win way” for the claimants.
Hasjim Djalal, director of the Center for Southeast Asian Studies in Jakarta, said the spirit of cooperation has emerged in the West Philippine Sea. He said there has been no major eruption of armed conflicts among the claimants since 1988.
“Yet the prospects for conflicts in the South China Sea continue to exist in the future if the countries concerned do not persist in managing them carefully,” Djalal said.
“Therefore, the informal efforts in the South China Sea should continue, while the formal efforts by the countries concerned to settle bilateral issues should also be encouraged.”
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By: Alexis Romero
Source: The Philippine Star, Oct. 18, 2011
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