Code in disputed seas should protect interest of PHL, other claimants —US

WASHINGTON - The proposed code of conduct being crafted by Southeast Asian nations and China must ensure that the rights of the Philippines and other claimants to the disputed waters are protected, a State Department official said.

Mark Clark, Director for Office of Maritime Southeast Asia at the State Department, said negotiating parties should likewise insist that the document adheres to international law and will not block the rights of other countries, like the United States, to have access to the strategic waters being claimed nearly in its entirety by China.

“It’s quite important, quite essential that whatever comes out of the code of conduct is very much in line with international law and supports the rights of the claimant states under international law, including the Philippines. It doesn’t take away your rights, doesn’t take away the rights of the US to sail or navigate or fly freely over an international space,” Clark told Filipino journalists at a briefing. 

In August 2018, ASEAN and China agreed to a single draft of the code of conduct or COC, with an agreement reached in November 2018 for both sides to finalize the document within three years, starting from 2019.

China, which considers the sea disputes a purely Asian issue is opposed to any foreign intervention, particularly from the US.

The US and China are at odds over the long-seething territorial row in the South China Sea, where Beijing has turned several former reefs into artificial islands with military facilities, runways and surface to air missiles.

Although Washington is not a party to the disputes, it has declared that it is in its national interest to ensure freedom of navigation and overflight in the waters where China, Philippines, Vietnam, Malaysia, Brunei and Taiwan have overlapping claims.

“We have a vested interest in the outcome even if we are not party to the talks,” Clark said.

Pentagon spokesman David Eastburn said every country in and around the South China Sea regardless of size has equal stake in the region.

“It’s important to every country involved that they have a say,” he said.

A code of conduct aims to restrain aggressive actions in the South China Sea, where China is trying to seek control amid its construction of artificial islands in disputed reefs that the US said could serve as military outposts to intimidate rival claimants and other foreign powers.

Some ASEAN members insist that the code of conduct must be legally-binding - a position vehemently opposed by China, while others have openly supported Chinese preferences. It’s not clear how these conflicting views will affect progress of future efforts to negotiate the code.

Brian Harding, deputy director and fellow at the Center for Strategic and International Studies (CSIS) said the code must be legally-binding for it to be an effective document. 

“The code of conduct should be legally-binding, but it comes down to other countries like the Philippines and Vietnam if they’re going to bend,” Harding said. 

Some say there are no signs that the process will produce an effective code with former Philippine Foreign Secretary Albert Del Rosario recommending that the arbitration ruling won by the Philippines against China be integrated in the document.

“I hope there is a code of conduct, but a code of conduct is only as good as the commitment of the parties to adhere to it,” said Walter Lohman, director of Asian Studies Center at the Heritage Foundation.

Lohman believes maintaining an active US naval presence and patrols in the area would be more effective than a code of conduct.

“More important than the code of conduct is actually the US 7th fleet and our cooperation with the Philippines and our other allies in the region. That is more important to restraining Chinese ambitions than any piece of paper,” he said.

The Japan-based US 7th fleet is the largest forward deployed maritime force in the region.

China has opposed naval and aerial patrols by the US and its allies in the strategic waters, where a bulk of the world’s trade passes through.

Beijing also sees Washington’s call for free and open “Indo-Pacific” region an American military strategy to contain them and other rival powers.  —NB, GMA News