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The East Sea disputes
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He also mentioned the need to solve conflicts, minimize differences, enhancing mutual-trust, expanding cooperation for peace and stability in the East Sea. According to Yang Jiechi, these conflicts should be solved peacefully based on friendly consultation of related parties.
The obvious results for the efforts of cooperation of related sides in dealing with the East Sea disputes was the approval of the guidance for the implementation of the Declaration of the Conduct of Parties in the East Sea or DOC, between the Association of Southeast Asian Nations (ASEAN) and China, one day before the ARF 18.
This document had been waiting for more than nine years. The approval makes many people to be more optimistic of the future of the East Sea.
Vietnamese Assistant Foreign Minister, Pham Quang Vinh said that this is a good and meaningful start for further dialogues and cooperation to promote stability and trust in the region.
Chinese Assistant Foreign Minister, Liu Zhenmin said that China and ASEAN would comprehensively implement the DOC through cooperation projects.
Indonesian Foreign Minister, Marty Natalegawa said that the guidance document would persuade the world that the two sides can avoid conflicts and solve disputes by peaceful measures. The issuance of the guidance proves that ASEAN and China have realized common interests.
But, US Secretary of State Hillary Clinton said that the guidance document is only the first important step in the way to the final diplomatic solution.
In an interview with ABC (Australia), director of the East Sea research program of the Vietnam Institute of International Relations, Dr. Tran Truong Thuy said that the guidance document is to guide the implementation of the DOC. That document can compare to a circular that guiding the implementation of a law.
However, looking at eight points in the guidance document of the DOC, many may be disappointed because the document is very general.
Indonesia’s Jakarta Post newspaper quoted the major contents of this document as follows:
1. The implementation
1. The implementation of the DOC should be carried out in a step-by-step approach in line with the provisions of the DOC
2. The parties to the DOC will continue to promote dialogue and consultations in accordance with the spirit of the DOC
3. The implementation of activities or projects as provided for in the DOC should be clearly identified
4. The participation in the activities or projects should be carried out on a voluntary basis
5. Initial activities to be undertaken under the ambit of the DOC should be confidence-building measures
6. The decision to implement concrete measures or activities of the DOC should be based on consensus among parties concerned, and lead to the eventual realization of a Code of Conduct (COC)
7. In the implementation of the agreed projects under the DOC, the services of the experts and eminent persons, if necessary, will be sought to provide specific input on the projects concerned
8. Progress of the implementation of the agreed activities and projects under the DOC shall be reported annually to the ASEAN-China Ministerial Meeting (PMC)
Former Chair of the National Assembly’s Foreign Relations Committee, Vu Mao says that the achievement in the guidance document of DOC is too tiny compared with expectation and requirement.
It is said that the guidance document is vague and incomplete so it is difficult to be implemented in fact.
While ASEAN wants the DOC to be fully implemented, China only wants to focus on projects, which obviously benefit China more. While ASEAN wants to have the Code of Conduct (COC) for the East Sea next year, on the occasion of 10th anniversary of DOC, China “is willing to discuss COC” when conditions are possible. When? When China is ready in strength and public opinion to show off?
According Dr. Tran Truong Thuy, the guidance document for DOC is a small step in managing East Sea disputes. The document shows that China and ASEAN can negotiation and reach agreement. Both DOC and this document is not effective to prevent acts that can cause tension in the East Sea.
If the DOC is a non-binding document but a politic commitment of related countries, the guiding document, actually, will be used as a reference in necessary cases to prove ASEAN and China’s ability of facing and settling their own issues. The road from DOC to COC seems to be very long.
It is better to have an incomplete guidance rather than having no guidance, says the Indonesian Foreign Minister. But is it a good and wise choice for ASEAN in solving the East Sea disputes for accepting an incomplete document?
Double-faced game
While emphasizing the need of cooperation, dialogue and agreement to solve the East Sea disputes, the Chinese Foreign Minister made statements that raise the public’s doubt of China’s double-faced game.
On one hand, Yang Jiechi reassured China’s neighbors and the international community by an agreement to implement the DOC, but on the other hand, China does not abandon its statements and acts that are condemned by the public.
The Chinese diplomat emphasized the value of the guidance document of DOC and China’s commitments and sincerity in this issue at the multilateral forum in Bali. Also at Bali, Yang Jiechi repeated that the only way to solve the East Sea disputes is bilateral negotiation.
At Bali, Filipino Foreign Minister Albert del Rosario spoke frankly that China’s reassurance is not meaningful when Beijing does not change its point of view and does not accept the sovereignty of any country in the East Sea.
“How can you negotiation bilaterally when you just come to the negotiation table with China and they say that everything is theirs,” he said.
China stated to be interested in freedom of navigation in the East Sea and “contribute” to freedom of navigation and marine security, China intentionally neglects its greedy U-shaped line and its acts to hinder and harass legal economic activities of other countries in the East Sea.
Despite of international criticism of China’s U-shaped, the Chinese Foreign Minister still reconfirmed China’s U-shaped line claims at the ARF 18, without citing any evidence as the requirement of international law and public opinion.
It seems that China only wants to reassure the region and the world that “the region is still stable” and ASEAN – China have “trust, ability and solutions” for the East Sea disputes. Moreover, China does need the involvement of the third party, particularly the US.
The US as an important factor
On the day ASEAN and China reached agreement on the guidance document of the DOC, after nine years of negotiation, Beijing repeated that it does not accept the intervention of the US in the East Sea disputes.
The People’s Daily, the mouthpiece of the Chinese Communist Party, wrote on July 20 that the US should be apart from tensions in the East Sea because “China and its neighbors have sufficient ability, experience and understanding to solve.”
Observers question whether to prevent the US’ intervention and convene Southeast Asian countries that the East Sea disputes are internal affairs, so China signed the guidance document of DOC?
Once the East Sea is related to the US’ national interests, this country cannot be an outsider. China and its provoking policy is the major factor that forces the US to reconsider its policy in Southeast Asia and the East Sea to have more positive intervention.
ASEAN does not expect the US to solve ASEAN’s issues but ASEAN can expect this super-power’s sharing to maintain peace and stability in the region.
Phuong Loan
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