NVDB005_-_CH_3.011._Concerted_efforts_advance_the_COC_negotiations_-_Dr._Pham-3

Diplomatic Briefing — KAS Cambodia and CICP

58 — DP Vol. 05

Concerted Efforts Advance the Negotiations of the Code of Conduct in the South China Sea (COC)

Making a detailed COC will help avoid the shortcomings of the DOC as a political and non-binding agreement. The DOC has failed to prevent activities which have complicated the situation, changed the status quo and allowed for the militarization of the South China Sea.

To recap, the COC negotiations are entering an important phase. ASEAN and China have agreed to make it a substantive and effective agreement that is consistent with international law and UNCLOS. Advancing the COC negotiations is not only the responsibility of the rotating ASEAN Chairmanship. It requires joint attempts and efforts from all countries concerned, both within and outside the region.

More importantly, ASEAN and China must put their differences in perspective. The COC should not merely contain general principles. It must also include specific rules that are consistent with international law, including UNCLOS and related adjudication practices. It must be applied for the entire South China Sea, including the Paracels, the Spratlys, Scarborough Shoal and other related areas. It must clearly define the rights and obligations of different parties and have monitoring mechanisms in place to ensure the proper compliance and settlement of disputes in its interpretation and implementation. It should not be an exclusive agreement which prevents parties from cooperation with other countries outside of the Code.

Concerted Efforts Advance the Negotiations of the Code of Conduct in the South China Sea (COC)