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ASEAN’s Stakes: The South China Sea’s Challenge to Autonomy and Agency

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ASEAN’s Stakes:The South China Sea’s Challenge to Autonomy and Agency Alice D. Ba (bio) The South China Sea has come to involve important stakes for all involved. The Association of Southeast Asian Nations (ASEAN) is no different—though its situation is also notably distinct. The South China Sea occupies what Michael Leifer once characterized as the geographic “heart of Southeast Asia.”1 Geography alone means that whatever happens in the South China Sea affects ASEAN states the most directly. Moreover, as smaller powers, these states confront much greater vulnerabilities when it comes to great-power demands, even as they may be particular beneficiaries of great-power association. China’s activities in the South China Sea have no doubt underscored these dilemmas as the ASEAN states all try to navigate between the strategic vulnerabilities and the economic opportunities associated with a rising, more confident China. Nor are ASEAN states’ great-power dilemmas limited to China: the latter’s activities in the South China Sea have also precipitated heightened attention from the United States. ASEAN’s challenge is thus compounded by the fact that the South China Sea has become an important focal point of rivalry and tension between the ASEAN region’s two most important great-power relationships. Maintaining a space between China and the United States—one in which Southeast Asian states can enjoy some range of maneuver and choice—may prove to be the greatest challenge confronting the ASEAN region. This essay considers what is at stake in the South China Sea disputes for ASEAN’s coalition of smaller powers, with special attention paid to institutional interests and constraints. It considers not only the more immediate challenges created by territorial disputes but also the more general great-power dilemmas that heightened tensions have recently thrown into sharp relief. [End Page 47] ASEAN’s Immediate Challenges Most immediately, China’s physical and jurisdictional assertions create the challenge for ASEAN of agreeing on a collective response. This challenge, however, is made more complicated by the fact that it is an intergovernmental organization. Tus, while other governments may have to manage a constellation of domestic interests and agencies, ASEAN as an institution is the expression of ten distinct sovereign actors. States differ not just in the importance they attach to the disputes but also in their relations with China and the kinds of regional responses they prioritize. ASEAN’s unprecedented and very public failure to produce a joint communiqué at its 2012 annual foreign ministers’ meeting chaired by Cambodia in Phnom Penh dramatically illustrated this challenge. Additionally complicating ASEAN’s response is the fact that critical differences exist even among the grouping’s four claimant states. The Philippines and Vietnam have been the most vocal and active in responding to China’s activities, while Brunei and Malaysia—even with recently growing Malaysian concerns—have generally favored softer approaches. Such differences challenge ASEAN’s efforts to adopt a collective position as well as implement possible ad hoc workarounds that might facilitate a way forward. In its response to the South China Sea disputes, ASEAN as a collective has prioritized the pursuit of a regional code of conduct (CoC) because it keeps attention on the principles of international law, as well as existing codes of conduct like ASEAN’s Treaty of Amity and Cooperation. Following the embarrassment of ASEAN’s 2012 meeting, Indonesia quickly moved to facilitate ASEAN’s Six-Point Principles on the South China Sea. This statement identifies the “early conclusion” of a CoC and the “full implementation” of both ASEAN’s 2002 Declaration on the Conduct of Parties in the South China Sea and the 2011 guidelines as important priorities alongside self-restraint and the nonuse of force by all parties, “full respect” for the United Nations Convention on the Law of the Sea (UNCLOS), and the peaceful resolution of disputes. These six principles continue to provide ASEAN states with an important basis for consensus and action. Indonesia’s moves to quickly correct the failures of the 2012 ASEAN ministers’ meeting under Cambodia’s chairmanship are indicative of the understood risks that the South China Sea disputes pose to the organization. Notably, however, the CoC is “not meant...

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4 The Declaration on the Conduct of Parties and a Code of Conduct in the South China Sea: Recent Actions Taken by ASEAN
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  • Shannon Tow

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  • Book Chapter
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10. ASEAN and the South China Sea
  • Dec 31, 2010
  • Rodolfo C Severino

Territorial claims in the South China Sea are one of the most longstanding security issues in South East Asia. In this article, former ASEAN Secretary-General Rodolfo C. Severino reviews the claims of ASEAN members in the area, and details ASEAN's involvement in the dispute since the 1992 ASEAN Declaration on the South China Sea. Amidst all the legal arguments and political and diplomatic posturing, the claimants to the land features and waters of the South China Sea—and others which have no claims—are really driven by their strategic interests in it. China fears the expanse of water being used to threaten or attack it from the southeast, as it has been in the past. At the same time, some accuse Beijing of seeking dominion over the South China Sea in order to achieve a measure of hegemony over Southeast Asia. Vietnam needs its footholds in the South China Sea to avoid being practically surrounded by Chinese power, with which it was in conflict for many centuries. The Philippines feels compelled to extend its zone of jurisdiction and responsibility westwards, having been invaded by the Japanese from that direction at the start of the Pacific War. A vast area of the South China Sea both separates West and East Malaysia and connects them to each other. Brunei Darussalam has to ensure for itself the resources in its claimed exclusive economic zone and continental shelf, which overlap with other claims. Others, which have no direct land or maritime claims in the area save those that they say are granted them by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), are keenly interested in what happens in the South China Sea. Jakarta needs to make sure that the rich gas resources of the Natuna group of islands are under Indonesia’s exclusive authority and for its exclusive exploitation. Although supporting no one’s claims, the United States seeks to ensure that its warships and aircraft are free to navigate in or above the waters of the South China Sea and keep unhampered its trading links with East Asia. Much of Japan’s trade flows through the South China Sea, including a large portion of its energy imports. Tokyo, therefore, has an interest in keeping the trading lanes through—and above—the South China Sea free and open. All, including the ten members of the Association of Southeast Asian Nations (ASEAN), have a deep interest in the peace and stability of the South China Sea. How much peace and stability figure in each country’s calculation of its

  • Research Article
  • Cite Count Icon 4
  • 10.1353/asp.2016.0019
Raising the Stakes: The Interests of Non-claimant States in the South China Sea Disputes
  • Jan 1, 2016
  • Asia Policy
  • Tiffany Ma + 1 more

Raising the Stakes:The Interests of Non-claimant States in the South China Sea Disputes Tiffany Ma (bio) and Michael Wills (bio) The geopolitical game playing out in the South China Sea is becoming more complicated. China’s increasingly provocative actions are forcing regional players—from near and far—to make clear their interests and positions on the ongoing territorial disputes. In December 2015, the commander of the U.S. Pacific Fleet issued a tough warning against China’s attempt to establish “so-called military zones” around its artificial islands and criticized its unilateral assertiveness as unacceptable.1 Although a non-claimant, the United States, given its role as a regional security guarantor, has long been an important stakeholder in the management and settlement of the disputes. However, China’s recent escalatory actions and behavior are leading more regional players to engage directly on South China Sea issues, both in the diplomatic arena and in the contested waters. Going forward, these non-claimant parties will likely play a greater role in influencing events in the South China Sea. This Asia Policy roundtable provides a timely survey of regional perspectives from the most involved non-claimant states, Australia, India, Indonesia, Japan, Singapore, South Korea, and the United States—as well as two multilateral organizations, the Association of Southeast Asian Nations (ASEAN) and the European Union. Despite their geographic, political, and economic differences, it is clear that very real strategic interests drive all these non-claimant stakeholders when it comes to developments in the South China Sea. This is perhaps unsurprising given regional stakeholders’ dependence on critical sea lines of communication for shipping. The South China Sea contains the main arteries of global trade, with more than $5 trillion of the world’s [End Page 2] seaborne trade passing through its waters every year.2 These are also vital energy lifelines, providing transit for a third of global crude oil and half of global liquefied natural gas.3 For East Asian countries like South Korea and Japan, dependence is particularly acute with approximately 66% and 60%, respectively, of their energy imports passing through the South China Sea.4 Given vested economic interests, these regional stakeholders are wary of disruptions to trade from a geopolitical crisis, or outright conflict, over the contested waters. Another commonality among the non-claimant states is a fundamental interest in maintaining freedom of navigation and the rights of passage and overflight in the South China Sea. All of the non-claimants also call for peaceful resolution of the disputes in accordance with international norms and law. This is particularly true for the two multilateral institutions examined here. ASEAN, as Alice Ba argues, needs to see a peaceful, negotiated outcome to the disputes; anything less would threaten the organization’s fundamental approach of pursuing consensus-based solutions in the face of great-power interests. For the European Union, which, as Mathieu Duchâtel notes, sees itself as a normative power, failure to support international legal outcomes would similarly threaten the institution’s approach to collective security. Efforts by non-claimant parties to uphold a rules-based order and preserve access to the maritime commons can help consolidate a broader understanding of acceptable actions by the claimant states. Over time, this may reinforce pressure on any claimants that choose to engage in unacceptable behavior. Beyond diplomatic statements calling for de-escalation and peaceful resolution of the disputes, several of the non-claimant states have undertaken specific maritime deployments in the South China Sea to signal their interest, concern, and resolve. These range from the high-profile freedom of navigation operations undertaken by the United States, which Admiral Thomas Fargo describes, to quieter missions undertaken by Australia, which Rory Medcalf notes signal that Canberra will continue to assert its rights and encourage a rules-based approach. India, Abhijit Singh writes, has also increased its operational presence in the South China Sea, with a contingent [End Page 3] of four frigates completing a two-month tour in June 2015 and one frigate making a subsequent deployment to the Philippines in November. Several non-claimant states have also stepped up their military cooperation with and arms sales to some of the Southeast Asian...

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