Ampong, Mark Louis A.

Module 7
2019-01764 TCW 0005-21 The Contemporary World

The South China Sea dispute has been one of the most contested issues in the past decades. The
territory sits in the middle of the Southeast Asian region with Philippines, Vietnam, Malaysia,
Indonesia as major claimant states. Discuss the South China Sea Dispute and identify the role
of ASEAN in this issue. Do you think that ASEAN is an effective organization in dealing with
the tension between the claimant states particularly in talking with China? How so? Can you
provide instances where ASEAN made an action or an effort to bridge diplomacy?

Political tensions are still high as China increases pressure on other countries to recognize
its right to the South China Sea. China continues to assert its territorial claims in spite of an
international court judgement against them, which is escalating tensions in the region. The problem
stems back to 2013, when Philippines filed a complaint with the Permanent Court of Arbitration
following a string of altercations with China over the disputed Scarborough Shoal (off the coast of
the Philippines). They did so because of the U.N. Convention on the Law of the Sea, ratified by
China, has been recognized as the forum for resolving marine disputes. The Philippines disputed
China's expansive claims to the South China Sea, disputed the notion that the region's numerous
reefs, atolls, and rocks qualified as islands, and stated that China’s aggressive strategies disregard
the rule of law. The Philippines won a maritime arbitration case against China involving the South
China Sea in July 2016. The decision was made by the Permanent Court of Arbitration (PCA).
However, China declared it would not accept the arbitration and questioned the Court's authority
over the issue.

Maintaining peace and security in Southeast Asia, fostering economic and cultural
interchange among its member nations, and building partnerships with other nations who share
similar objectives are all goals of the Association of Southeast Asian Nations (ASEAN). With 10
recognized members, ASEAN is now the sole regional association in Southeast Asia. It serves as
the region's primary counterbalance to China's influence. ASEAN is tasked with safeguarding the
economic interests of its member states through peaceful dialogue and other political means
because to the five trillion dollars in annual trade that travel through the South China Sea. ASEAN
does not currently have a mechanism for collective security. However, the recent achievement of
ASEAN in getting China to sign a legally enforceable code of conduct in the South China Sea is
proof of the development of the regional association. By making adjustments to the region's
shifting political environment and difficulties, the organization must continue to defend the
fundamental rights of ASEAN citizens.

The South China Sea conflict has been managed in a number of ways by ASEAN. First, it
has made an effort to settle the issue through legal channels and mediation training sessions, which
has improved the organization's reputation. Most importantly, ASEAN convened all parties to the
dispute in 2002 so that they could approve the Declaration of Conduct. Also, it has attempted to
cultivate relations with tiny nations to create a balance of power in order to stop China from
dominating them. As a result, ASEAN's influence in the South China Sea has been constrained.

The South China Sea problem presents a challenge for ASEAN, no doubt. Members of the
group take great delight in being able to handle the organization's regional hierarchy strategically.
Although attempts at negotiation to generate an official agreement have been hindered by the
region's prolonged inter- and intrastate rivalry over control of the territory and resource allocation.
Additionally, the lack of coordination and bilateral and multilateral conversations between states
has only led to an increase in tensions in the region. Institutional stagnation on this matter will
result if ASEAN is unable to reach a sustainable agreement.

References:

• Berglund, P. (n.d.). Territorial Disputes In The South China Sea: What You Need To Know.

https://www.xeneta.com/blog/south-china-sea-dispute

• Li, J. (2017). ASEAN and the South China Sea: Approaches to Resolving the Conflict

Independent Study Project (ISP) Collection. 2752. https://digitalcollections.sit.edu/isp_

collection/2752