中国南海问题英文

1、EDGARDO E. DAGDAGEDGARDO E. DAGDAGProfessor and Assistant to the Dean for Academic Affairs, Asian Center University of the Philippines-Diliman11. ASEANs vision of Southeast Asia2. Selected ASEAN guiding principles relevant to the South China Sea (SCS) issue)3. The SCS issue: why a flashpoint4. Past

2、ASEAN pronouncements on the SCS issue5. Recent ASEAN pronouncements on the SCS issue6. Other recent SCS-related developments7. Conclusions and forecast 2“. . . A region of lasting peace, security and stability, sustained economic growth, shared prosperity and social progress.” Preamble, ASEAN Charte

3、r. . . A concert of Southeast Asian nations, outward looking, living in peace, stability and prosperity; and bonded together in partnership in dynamic development and in a community of caring societies. ASEAN Vision 20203Principles relevant to the SCS IssuePrinciples relevant to the SCS Issue1. Renu

4、nciation of aggression or the threat or use of force or other acts in any manner inconsistent with international law.2. Reliance on peaceful settlement of international disputes.3. Enhanced consultations on matters seriously affecting the interests of the ASEAN. 4. Upholding the UN charter and inter

5、national law.4Why a flashpoint?Why a flashpoint? 1. Strategic value of the SCS: vital sealane and trade route; with abundant marine resources, oil and natural gas. 2. US pronouncement that “it will maintain its presence in the South China sea” and that the peaceful resolution of the SCS issue is in

6、its national interests. US position on the SCS is regarded by China as an act of provocation. 3. Difficulty in resolving the conflicting positions of the claimant countries in resolving the SCS issue: bilateral negotiation as favored by China versus multilateral negotiation as favored by claimants b

7、elonging to the ASEAN. The US is supporting the position taken by the ASEAN. 5Why a flashpoint?Why a flashpoint?4. Four of the six claimant countries (Philippines, Malaysia, Brunei and Vietnam) are ASEAN member countries; one affected non-claimant country is also an ASEAN member - -Indonesia. The Ph

8、ilippines has brought to the International Tribunal on the Law of the Sea (ITLOS) its complaints against the aggressive behavior of China5. The dominating claimant country is China - - a potential global power and an acknowledged regional power with a modernizing military force; perceived to be reso

9、rting to all means to defend its publicly stated position that “its sovereignty in the Spratly is non-negotiable.”6The 1992 ASEAN Declaration on the SCS The 1992 ASEAN Declaration on the SCS 1. Emphasized the necessity to resolve all sovereignty and jurisdictional issues by peaceful means, without r

10、esort to force.2. Urged all parties to exercise restraint with the view to creating a positive climate for the eventual resolution of all disputes.3. Asked all parties to explore the possibility of cooperation in the SCS relating to the safety of maritime navigation and communication, protection aga

11、inst pollution of maritime environment, coordination of search and rescue operations, efforts towards combating piracy and armed robbery as well as collaboration in the campaign against illicit trafficking in drugs.4. Urged all parties to apply the principles contained in the ASEAN Treaty of Amity a

12、nd Cooperation in Southeast Asia as the basis for establishing a code of international conduct over the SCS.7The 2002 ASEAN-China Declaration on the Conduct of Parties in the The 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea (often referred to as 2002 DOC) South China

13、 Sea (often referred to as 2002 DOC) 1. Parties reaffirmed their respect to the freedom of navigation in and overflight above the SCS, as provided for by universally recognized principles of international law and the UNCLOS.2. Parties resolved to address their territorial and jurisdictional disputes

14、 by peaceful means, in accordance with universally recognized principles of international law, including the 1982 UNCLOS.3. Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes including refraining from action of inhabiting on the uninh

15、abited islands, reefs, etc and to handle their differences in a constructive manner. 8The 2002 ASEAN-China DOC (contd)The 2002 ASEAN-China DOC (contd)Pending the peaceful settlement of disputes , the parties shall intensify efforts to seek ways to build mutual trust and confidence:1. Hold dialogues

16、and exchange views between their defense and military officials.2. Ensure just and humane treatment of all persons who are either in danger or in distress.3. Notifying on a voluntary basis other parties concerned of any impending joint/combined military exercise; and4. Exchanging on a voluntary basi

17、s, relevant information9The 2002 ASEAN-China DOC (contd)The 2002 ASEAN-China DOC (contd)Pending a comprehensive and durable settlement of the disputes, the parties concerned may explore or undertake cooperative activities such as: (a) marine environmental protection; (b) marine scientific research;

18、(c) safety of navigation and communication at sea; (d) search and rescue operation; and (e) combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms. 4. Parties shall continue their consultations and dialog

19、ues concerning relevant issues for the purpose of promoting good neighborliness and transparency, establishing harmony, mutual understanding and cooperation and facilitating peaceful resolution of disputes among them.10ASEAN-China Plan of Action to implement the 8 Oct 2003 ASEAN-China Plan of Action

20、 to implement the 8 Oct 2003 Joint Declaration on ASEAN-China strategic partnership for Joint Declaration on ASEAN-China strategic partnership for peace and prosperity (excerpts related to the SCS issue)peace and prosperity (excerpts related to the SCS issue)1. Convene regular ASEAN-China Senior Off

21、icials Meeting (SOM) on the realization of the DoC to provide guidance for and review the implementation of the DoC.2. Establish a working group to draw up the guidelines for the implementation of the DoC.3. Promote joint cooperation and dialogue in areas such as marine scientific research, protecti

22、on of the marine environment, safety of navigation and communication at sea, search and rescue operation, humane treatment of all persons in danger or distress, fight against transnational crimes as well as cooperation among military officials.11ASEAN-China Plan of Action to implement the 8 Oct 2003

23、 ASEAN-China Plan of Action to implement the 8 Oct 2003 ASEAN-China Strategic Partnership for Peace and Prosperity ASEAN-China Strategic Partnership for Peace and Prosperity - excerpts relating to the SCS issue - excerpts relating to the SCS issue (contd)4. Promote trust and confidence building thro

24、ugh cooperative activities pending the peaceful settlement of the territorial and jurisdictional issues as stated in the DoC.5. Affirm the vision of the DoC state parties to work, on the basis of consensus, on the eventual adoption of a code of conduct in the South China sea.12Joint Communique of th

25、e 14Joint Communique of the 14thth ASEAN Foreign ASEAN Foreign Ministers Meeting (excerpts relating to the SCS Ministers Meeting (excerpts relating to the SCS issue), 19 JULY 2011 (Bali, Indonesia)issue), 19 JULY 2011 (Bali, Indonesia)1. Expressed serious concern over recent incidents2. Stressed the

26、 importance of maintaining peace and stability in the SCS, the continued exercise of self-restraint by all parties concerned, and the promotion of CBMs in the area.3. Reaffirmed the importance and continued relevance of the 2002 ASEAN-China DOC as a milestone document.4. Called on all parties to res

27、pect the freedom of navigation in and overflight above the SCS.13Joint Communique of the14th ASEAN Foreign Ministers Joint Communique of the14th ASEAN Foreign Ministers Meeting (excerpts relating to the SCS), 19 July 2011 (contd)Meeting (excerpts relating to the SCS), 19 July 2011 (contd)5. Stressed

28、 the importance of continued constructive dialogue between the ASEAN and China6. Need for intensive discussion in the ASEAN on a regional code of conduct (COC); tasked the ASEAN SOM to work on the development of a COC and submit a progress report to the 19th ASEAN Summit that will meet this Nov 2011

29、.7. Need to optimize ongoing Track 2 mechanisms on the SCS including the regular workshops on managing potential conflicts in the SCS organized by Indonesia.8. Tasked the ASEAN SOM, with the assistance of the ASEAN legal experts to study the proposal of the Phil on the SCS as a Zone of Peace, Freedo

30、m, Friendship and Cooperation. 14July 2011 Guidelines for the Implementation of the 2002 July 2011 Guidelines for the Implementation of the 2002 ASEAN-China DOC (Adopted at Bali, Indonesia)ASEAN-China DOC (Adopted at Bali, Indonesia)1. The implementation of the DOC should be carried out in a step-by

31、-step approach.2. The Parties will continue to promote dialogue and consultation.3. The implementation of activities or projects as provided for in the 2002 DOC should be clearly defined.4. The participation in the activities or projects should be carried out on a voluntary basis.5. Initial activiti

32、es should be confidence building measures (CBMs).152011 Guidelines for the implementation of the 2002 ASEAN-2011 Guidelines for the implementation of the 2002 ASEAN-China DOC (contd)China DOC (contd)6. The decision to implement concrete measures and activities should be based on consensus among the

33、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 will be sought to provide specific inputs on the project concerned.8. Progress of the implementation of the

34、 agreed activities and projects shall be reported annually to the ASEAN-China Ministerial meeting.16Chairmans Statement on the ASEANs PMC +1 session Chairmans Statement on the ASEANs PMC +1 session (excerpts related to the SCS), Bali, Indonesia, (excerpts related to the SCS), Bali, Indonesia, 21-22

35、July 201121-22 July 20111. Reaffirmed the importance of the DOC in promoting peace, stability and mutual trust and in ensuring the peaceful resolution of disputes in the SCS.2. Endorsed the guidelines on the implementation of the DOC and considered it as a significant outcome and a step forward in t

36、he implementation of the DOC 17Chairmans Statement , 18Chairmans Statement , 18thth ASEAN Regional Forum (excerpts ASEAN Regional Forum (excerpts relating to the SCS), relating to the SCS), 23 July 2011 23 July 2011 (Bali, Indonesia)(Bali, Indonesia)1. Reaffirmed the importance and continued relevan

37、ce of the 2002 DOC as a milestone document between ASEAN and China embodying their collective commitment to promote peace and stability and mutual trust and ensure the peaceful resolution of disputes in the area, in accordance with universally recognized principles of international law, including th

38、e 1982 UNCLOS. 2. Reaffirmed the importance of maritime security and safety in the SCS: (a) called on all parties to exercise restraint and to promote CBMs in the SCS; and (b) encouraged the need to move towards the eventual establishment of a regional code of conduct (COC) in the SCS, as provided i

39、n the 2002 DOC. 18SINGAPORE SINGAPORE It called on China to clarify its claims in the SCS with more precision since the current ambiguity as to their extent has caused serious concerns in the international maritime community (June 2011)TAIWANTAIWAN:It has made known its plan to deploy an advanced ai

40、r defense missile system (Tien Chien I missiles) in its occupied islets in the SCS (Itu Aba and Pratas islands).19VIETNAMVIETNAM President Truong Tan Sang of Vietnam expressed his desire to see the Phil proposal for a Zone of Peace, Freedom, Friendship and Cooperation materialize in ASEAN. He said:

41、“Vietnam and the Phil share a lot of things in common, even with our views on how to tackle issues in the East Sea.” (15 Oct 2011)UNITED STATESUNITED STATES “We encourage all claimants to resolve their disputes through peaceful means, in accordance with international law and without resorting to the

42、 threat or use of force.” (15 Oct 2011)20UNITED STATESUNITED STATESHillary Clinton: “The US has a national interest in the freedom mof navigation, open access to Asias maritime commons, and respect for international law in the SCS. We oppose the use or threat of force by any claimant.”Clinton brings

43、 up the SCS dispute at the ARF meeting in Hano and this angered China (23 July 2010)The US called on China to cool tensions over the disputed territory and reiterated its commitment to defend its longtime ally, the Philippines (25 June 2011)The US Senate unanimously passed a resolution condemning Ch

44、inas use of force in the SCS; urged a peaceful and multilateral solution to the SCS dispute. (27 June 2011)21CHINA CHINA It slams the US Senate resolution on the Spratly dispute saying: “The US resolution confuses right and wrong. It does not hold water.”It is committed to a peaceful resolution of t

45、he SCS dispute through bilateral negotiation and friendly consultation with relevant countries on the basis of historical facts and international law. We believe that the most effective way to resolve the dispute is direct negotiation with the countries concerned.China has indisputable sovereignty o

46、ver the islands and the surrounding waters, based on historical and jurisprudential evidence. (Chinese Foreign Ministry spokesman Hong Lei, Sept 2011)22PHILIPPINESPHILIPPINESUrged the ASEAN member states to take a common position and seek common approaches in the addressing the worrisome development

47、s in the SCS.It also lodged a diplomatic protest before the United Nations International Tribunal on the Law of the Sea (ITLOS) against Chinas “9 dash line” territorial claim over the whole SCS.Philippines tells China it would defend position in the SCS; it calls the SCS West Philippines Sea.It made

48、 a proposal - - for the SCS to be converted into a Zone of Peace, Freedom, Friendship and Cooperation (ZPFF/C)23PHILIPPINES: HIGHLIGHTS OF ITS ZPFF/C PROPOSALPHILIPPINES: HIGHLIGHTS OF ITS ZPFF/C PROPOSAL1. The disputed areas in the SCS would be segregated from the non-disputed areas in accordance w

49、ith the UNCLOS.2. Only the Spratly island and Paracels are considered the disputed areas.2. The disputed areas would be enclaved and designated as Joint Cooperation Areas (JCA). It would be managed by a Joint Permanent Working Committee (JPWC) composed of claimants from the ASEAN. The JPWC would rep

50、ort to the ASEAN-China Senior Officials Meeting (SOM).3. The JCA will be demilitarized. The military personnel will be replaced with police or coast guard personnel.4. The undisputed areas shall remain under the jurisdiction of those countries whose rights are protected by the UNCLOS. 24THE ZPFF/C P

51、ROPOSAL OF THE PHILIPPINESTHE ZPFF/C PROPOSAL OF THE PHILIPPINESA two-day meeting of the ASEAN maritime legal experts in Manila last Sept 2011 concluded that there is a legal basis for the Phil proposal. ASEAN tasked its SOM to study further the Phil proposal and the results of the meeting of the AS

52、EAN maritime legal experts and to submit its report to the Nov 2011 ASEAN summit meeting. Sources from DFA Phil say that the Phil proposal has the support of Vietnam, Singapore and Indonesia.Chinas reaction (Ambassador Liu Jianchao, Chinese Ambassador to Chinas reaction (Ambassador Liu Jianchao, Chinese Ambassador to the Phil): the Phil): (a) The meeting of the ASEAN maritime legal experts is not an effective way to deal with the dispute; and (b) The ZOPFF/C concept of segregation is not feasible at this stage due