Asia-Europe summit omits mention of South China Sea

MANILA, Philippines – Asian and European leaders stressed the importance of freedom of navigation in disputed waters and “full compliance with international law,” but did not specifically mention the South China Sea in their statement.

Leaders of 51 Asian and European countries released the statement at the end of the 11th Asia-Europe Meeting (ASEM) in Ulan Bator, Mongolia on Saturday.

“Leaders reaffirmed their commitment to ensure peace, stability and prosperity and to promote maritime security, safety and cooperation, freedom of navigation and overflight and unimpeded commerce and to combat piracy and armed robbery at sea in full compliance with the principles of international law,” the ASEM statement read.

“Leaders agreed on the critical importance of confidence-building measures, of refraining from the use or threat of force, and of disputes being resolved in accordance with principles of international law, the UN Charter and the UN Convention on the Law of the Sea (UNCLOS),” it added.

The statement was released just days after the Permanent Court of Arbitration (PCA) in The Hague, the Netherlands ruled that China’s reclamation activities in the South China Sea are illegal because its “nine-dash line” has no basis in law.

But the European Union (EU) and member states acknowledged the ruling, calling PCA’s decision one that is committed to maintaining a “legal order” of the seas and oceans and the peaceful settlement of disputes.

EU high representative and vice president of the European Commission Federica Mogherini explained the EU does not take a position on sovereignty aspects relating to claims. The union, however, expressed the need for the parties to the dispute to resolve it through peaceful means, to clarify their claims and pursue them in accordance with international law, including the UNCLOS.

“The European Union and its member states, as contracting parties to the United Nations Convention on the Law of the Sea, acknowledge the Award rendered by the arbitral tribunal, being committed to maintaining a legal order of the seas and oceans based upon the principles of international law, UNCLOS, and to the peaceful settlement of disputes,” Mogherini said in the declaration.

Mogherini also said the Philippines’ immediate call for calm was the “right and wise approach.” The EU is also ready to facilitate activities to help build confidence between the Philippines and China.

The EU emphasized that the dispute settlement mechanisms, as provided under UNCLOS, contribute to the maintenance of the international order based on the rule of law and are essential to settle disputes. 

“The EU also underlines the fundamental importance of upholding the freedoms, rights and duties established in UNCLOS, in particular the freedoms of navigation and overflight,” she added. 

Mogherini and Foreign Affairs Secretary Perfecto Yasay Jr. met on the sidelines of the 11th ASEM Summit.

Yasay represented President Duterte in the first international engagement of the new administration. The Philippines is a founding member of ASEM, which was established in 1996.

In the first plenary session that focused on the two-decade partnership, Yasay cited ASEM’s role in promoting understanding and cooperation in addressing regional and international political-security concerns.

The Philippines also pushed for several issues of interest. Its priorities in the climate change agenda, such as adaptation and loss and damage, were included in the 11th ASEM Summit Chairman’s Statement.

Other areas such as micro-small and medium enterprises, facilitating international trade and counterterrorism were also put forward by Manila.