The agreement marks a
milestone in restraining tensions in the East Sea.
Foreign Ministers of ASEAN countries and China officially
approved the draft framework of the Code of Conduct in the East Sea (COC) on
August 6 in Manila, the Philippines.
The move is the first step of the pragmatic negotiation
process for an effective and legally-binding COC, contributing to
maintaining peace and stability in the region. It is an outline of
definition of the nature of the Code of Conduct detailing legal basis and
the proper conduct of countries involved.
Initial step toward creating trust
After being first proposed the COC in the 1990s, ASEAN
and China began seriously discussing the agreement in 2002 amidst increasing
territorial disputes in the region. But during the past few years, COC
negotiations have been repeatedly suspended.
After four years of official consultations, China and
ASEAN completed a draft framework for the COC in the middle of 2017. Though
it is far from finished, the draft reflects growing trust between the two
sides.
Deputy Director of the East Sea Research Institute Le
Dinh Tinh said, “By its nature, the COC is not a mechanism to resolve
disputes but it creates trust and dialogue between involved parties and
defines principles for addressing problems and disputes like the principle
of using peaceful measures such as dialogues, the principle of not using
force or threatening to use force, and the principle of navigation freedom,
safety, and security.
The document will play an important role in enabling
countries to resolve disputes.”
Since the Permanent Court of Arbitration made a ruling on
the Philippines’ East Sea lawsuit last year, the region has been the focus
of countries around the world. The East Sea has been on the agenda of
several forums like the G7 and APEC.
British Ambassador to Vietnam Giles Lever said, "We have
to promote mutual clarity about the matter of international law. Since last
year, progress toward agreeing a framework for the Code of Conduct in the
South China Sea represents another important development to set light on
areas of difference and areas of agreement as well in the interpretation and
application of international maritime law."
More
efforts needed to calm the East Sea region
The adoption of the draft framework of the COC reflects
progress in the relationship between ASEAN and China and consensus among the
10 ASEAN countries. But it is just a start. It still needs the consensus of
all involved parties to become legally effective, said Doctor Le Dinh Tinh.
“International law plays an important role in this issue.
Countries in the region need to be committed to international law to ensure
order, peace, and stability. The 1982 UN Convention on the Law of the Sea
serves as a mechanism to settle disputes but the COC cannot. ASEAN wants to
accelerate negotiation for an effective and legally-binding COC,” said Mr
Tinh.
Whether the COC should be legally binding of COC will be
a key issue in the negotiations between ASEAN and China.