Afiya Charles
A map showing the contested areas in the South China Sea. Supplied |
The July 12 arbitration decision by the Permanent Court of Arbitration at The Hague in favor of the Philippines’ maritime rights against China’s overarching claims in the South China Sea means Asean will need to play an active, diplomatic role in diffusing tension and maintaining stability in the region, according to a senior analyst and researcher.
In a public lecture organized by the US Embassy and the Cambodian Institute for Cooperation and Peace, keynote speaker Dr. Michael Green – Senior Vice-President for Asia at the Center for Strategic and International Studies – said the Permanent Court of Arbitration (PCA) at The Hague’s decision was “a big diplomatic and legal defeat” for China, but expressed disappointment over Asean’s paltry role in mediating geopolitical tensions with Beijing.
The international tribunal ruled that China’s historic claims, based on the “nine-dash line” of demarcation, were unfounded under the United Nations Conventions on the Law of the Sea (UNCLOS), stating the country had “no historical rights” to the contested waters.
Beijing refused to recognize the court and rejected its ruling, saying it was illegitimate. Cambodia, whose largest source of investment and aid comes from China, also chose to abstain from being a part of any Asean statement on the ruling and has worked with other Asean nations to repeatedly scrap any unified statements from the regional bloc.
The Chinese government asserts that its maritime disputes should be solved by the parties involved, and on an April tour of Southeast Asia, secured agreements with Brunei, Laos and Cambodia that territorial rows were not an Asean concern and should instead be solved bilaterally – garnering criticism of the body’s efficiency and ability to actively resolve diplomatic disputes between governing bodies in the region.
“Asean [should] be an effective framework not only for good relations among the 10 member states…but also to be a way to prevent big powers from intervening and picking apart small powers in Asia,” he said.
“Asean has become not a framework for preventing great power rivalries but, in many respects, Asean is becoming a conduit for great power rivalries. In that context, Cambodia’s position on the tribunal ruling is disappointing, because it raises questions about whether Asean can provide a stabilizing framework for preventing great power rivalry.”
The critical waterway is a vital asset, both internationally and domestically, and is responsible for the passage of more than $5 trillion in shipping annually. In addition to the Philippines, four more Asean member states also lay claim to parts of its waters – Vietnam, Brunei, Malaysia and Indonesia. But in comparison to China’s size, economic power and defense budget, they are far outmatched.
Referring to China’s controversial process of land reclamation and the possibility of it establishing future Air Defense Identification Zones over the contested waters, Dr. Green said the US would need to reinforce its commitment to the security of its allies in the Asia-Pacific region, with an emphasis on smaller states.
“There’s a saying: You kill the chicken to scare the monkey. If the Chinese can compel or coerce the Philippines or Vietnam to agree to the Chinese position through military force, as China tried to do in the Scarborough Shoals in 2012, then that can create a credibility crisis up the island chain,” he said.
China has said it will continue to build up military structures on atolls in the sea despite continued protests by Asean nations and the United States. Although the international tribunal’s unanimous award is legally-binding, there is no enforcement mechanism for the ruling.
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