Australia, Japan, U.S. call for South
China Sea code to be legally binding
Send a link to a friend
[August 07, 2017]
By Manuel Mogato
MANILA (Reuters) - Australia, Japan and the
United States on Monday urged Southeast Asia and China to ensure that a
South China Sea code of conduct they have committed to draw up will be
legally binding and said they strongly opposed "coercive unilateral
actions".
The Association of South East Asian Nations (ASEAN) and China should
establish a set of rules that were "legally binding, meaningful,
effective, and consistent with international law," the foreign ministers
of the three countries said in a statement following a meeting in
Manila.
Foreign ministers of ASEAN and China on Sunday adopted a negotiating
framework for a code of conduct, a move they hailed as progress but seen
by critics as a tactic to buy China time to consolidate its maritime
power.
Australia, Japan and the United States also "voiced their strong
opposition to coercive unilateral actions that could alter the status
quo and increase tensions".
![](http://archives.lincolndailynews.com/2017/Aug/07/images/ads/current/topflight_west_sda_101414.png)
They also urged claimants to refrain from land reclamation, construction
of outposts and militarization of disputed features, in a veiled
reference to China's expansion of its defence capability on Mischief,
Fiery Cross and Subi reefs in the Spratly archipelago.
The three countries are not claimants but have long been vocal on the
issue, arguing their interest is in ensuring freedom of navigation and
overflight.
They urged China and the Philippines to abide by last year's
international arbitration ruling, which invalidated China's claim to
almost the entire South China Sea, where more than $3 trillion worth of
sea-borne goods pass every year.
Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have
competing claims there.
[to top of second column] |
![](../images/080717pics/news_p25.jpg)
U.S. State Secretary Rex Tillerson, left, passes by the table of
Chinese Foreign Minister Wang Yi at the start of the 7th East Asia
Summit Foreign Ministers' Meeting and its dialogue partners as part
of the 50th ASEAN Ministerial Meetings in Manila, Philippines August
7, 2017. REUTERS/Aaron Favila/Pool
![](../images/ads/current/richardson_lda_071317.png)
The code framework is an outline for what China and ASEAN call
"consultations" on a formal agreement, which could start later this
year. China's foreign minister, Wang Yi, on Sunday said that hinged
on whether the situation was stable, and if there was no "major
interference" from outsiders.
Several ASEAN countries want the code to be legally binding,
enforceable and have a dispute resolution mechanism, but experts say
China will not allow that, and ASEAN may end up acquiescing to what
amounts to a gentlemen's agreement.
Singapore's foreign minister Vivian Balakrishnan said it was still
premature to conclude the outcome of the negotiations for the code
of conduct, which will be done by lawyers.
"One key issue is the question of legally binding," he told
reporters late on Sunday. "Surely when we move into the COC, it has
got to have some additional or significant legal effect."
Philippine Foreign Secretary Alan Peter Cayetano said he preferred a
legally-binding agreement, which other countries, like Vietnam,
supported.
Jay Batongbacal, an expert on the South China Sea at the University
of the Philippines, told news channel ANC the adoption of the
framework gave China "the absolute upper hand" in terms of strategy,
because it will be able to decide when the negotiating process can
start.
(Additional reporting by Martin Petty)
[© 2017 Thomson Reuters. All rights
reserved.]
Copyright 2017 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed. |