ASEAN, China seen to endorse SCS code

MANILA, Philippines - China and the Association of Southeast Asian Nations (ASEAN) are expected to endorse a framework for a code of conduct in the South China Sea during a meeting in Manila, the Department of Foreign Affairs (DFA) said yesterday.

The framework aims to better manage the region and regulate future behavior of parties claiming stakes in the disputed territory.

Chinese foreign minister Wang Yi will attend the meeting set on Sunday.

After the framework is endorsed, the ministers are also expected to direct a joint working group to begin discussions on the actual code.

The framework aims to “establish a rules-based framework that contains a set of norms” to guide the conduct of parties in the South China Sea and calls for closer cooperation to avoid disputes.

It also calls for “a favorable environment for the peaceful settlement of disputes, ensures maritime security and safety and freedom of navigation.”

Foreign ministers from 27 countries will attend the 50th ASEAN Foreign Ministers’ Meeting (AMM) and Related Meetings at the Philippine International Convention Center from Aug. 2 to 8.

The meetings will bring together foreign ministers of the ASEAN, ASEAN Plus Three, East Asia Summit, ASEAN regional forum and the post-ministerial conferences.

US Secretary of State Rex Tillerson will attend the ASEAN regional forum.

ASEAN and China finalized the framework for the code of conduct in the South China Sea, which was endorsed by the senior officials during a meeting in Guiyang, China in May.

The DFA said the framework, which was completed ahead of the mid-2017 goal set by the ASEAN leaders and China, contains elements that the parties have agreed upon.

The framework does not call for a legally binding code of conduct, as preferred by some ASEAN countries.

Foreign Affairs Secretary Alan Cayetano admitted that finding a legally binding mechanism is “not that simple.”

“Everyone will prefer a stronger one, but how to get there is not that simple,” Cayetano said.

He said in May that the framework and the code of conduct were important, even if not “legally” binding.

Although a majority of countries want it mentioned in the framework that the code of conduct should be legally binding, Cayetano said it would be better to start with something akin to a “gentlemen’s agreement.”

He said legally binding means there is a court or tribunal where parties could run to in the event the other party violates the agreement. 

During a visit to Manila last week, Wang said that with China, the Philippines and other ASEAN countries’ joint efforts, the situation in the South China Sea has stabilized.

Wang said important outcomes have been achieved in the implementation of the declaration on the conduct of parties and formation of the framework of the code of conduct in the South China Sea.

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