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Duterte Drafting Code Of Conduct for So China Sea - Pacific South Morning Journal ®





     Rody identified the start of the process for the drafting of the Code of Conduct (CoC) on South China Sea as among the significant achievements in the recently concluded Association of Southeast Asian Nations Summit.
China has been pushing for the CoC which got stalled after the Philippines, under the heavily American-influenced Noynoy, opted to follow the dictum of Washington for a third-party negotiation through the arbitral tribunal at The Hague.

It was a futile and at the same time costly exercise since China refused to recognize the authority of the United Nations (UN)-backed body over the territorial disputes.
The so-called Permanent Court of Arbitration (PCA) issued a ruling invalidating the nine-dash line claim of China that was hailed as a victory for the Philippines but which experts of international law believe would be hard to enforce, particularly because of China’s rejection of the process.
China wanted negotiations on the dispute conducted among claimants without the involvement or influence from other nations, particularly the United States.
Resolving the conflict is of China’s chief interest since it conducts nearly all of its external trade through the South China Sea.
During the Asean-China Summit, Premier Li Keqiang said peace and stability in the South China Sea are closely linked to the development and prosperity of countries in the region.
He said countries in the region stand to benefit the most from a peaceful South China Sea, yet they will also bear the brunt of instability.
“China conducts most of its trade through the South China Sea. We want peace and stability there more than any other country,” he said.
Li also issued an assurance that the use of force is farthest from China’s plan to assert its territorial claim.
“China’s commitment to the goal of upholding peace and stability in the South China Sea will not change, nor will we change our policy of peacefully resolving disputes over territory and maritime rights and interests through consultation and negotiation with countries directly concerned,” Li said.
China looks forward to working with Asean countries in the constructive spirit of friendly consultation to continue to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea and actively advance consultations on the CoC.
The CoC framework, agreed upon by all relevant parties, represents our common understanding on the main elements of the CoC and is an important initial outcome of the CoC consultation.
It was even China that proposed the commencement of the next-step consultation on the text of the CoC be officially declared during the meeting, according to Li.
“We hope the parties could increase their mutual understanding and trust through CoC consultation and strive to conclude CoC on the basis of consensus at an early date to make it an anchor of peace and stability in the South China Sea,” he said.
China also welcomed the adoption of the Declaration for a Decade of Coastal and Marine Environmental Protection (2017 to 2027) as a sign of long term commitment to the resolution of conflicts in the region.
“Under the framework of the declaration of conduct (DOC) implementation and CoC consultation, we are ready to conduct practical cooperation with Asean countries in the South China Sea in such areas as maritime search and rescue and marine environmental protection, and support relevant projects with the China-Asean Maritime Cooperation Fund and the China-Asean Cooperation Fund,” Li said.
The readiness of China to resolve the conflict is only evident on the condition that no external pressure is exerted to resolve it.
The preference was the CoC that would cover all the parties of interest instead of the arbitral ruling which covers only China and the Philippines.
For that reason alone, the CoC is preferable compared to an agreement with which even two parties can’t agree.

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