Dr. Song Yann-Huei

Maritime Cooperation in the South China Sea:

Moving from the Workshop Process to Institutional Setting

Yann-huei Song

Abstract

On September 2, 2020, Wang Yi, State Councilor of the State Council and Minister of Foreign Affairs of the People’s Republic of China, reiterated the long standing Chinese policy goal to transform the South China Sea from a sea of conflict to a sea of peace, friendship, and cooperation. All of the governments of ASEAN Member States are in support of this Chinese policy goal. On June 26, 2020, the Heads of State/Government of ASEAN Member States, stated in the Chairman’s Statement of the 36th ASEAN Summit that they “recognized the benefits of having the South China Sea as a sea of peace, stability and prosperity.” This statement was repeated by the ASEAN Foreign Ministers at their 53rd meeting on September 9 this year.

Two decades, more or less, have elapsed since the declaration of ASEAN and Chinese policy goal; unfortunately, however, this important East Asian semi-enclosed sea remains one of the most dangerous potential flash points in the World, as tensions in the South China Sea are continuously rising and have a real potential to damage peace, stability, and prosperity in the region. This means that the policy goal to make the South China Sea a sea of peace, friendship and cooperation remains staying in the mouths of the Chinese and ASEAN national leaders, with no concreate and effective actions being taken.

It is clear that more efforts need to be undertaken by the coastal States that are bordering the South China Sea to help accomplish the declared policy goal. Certainly, creative thinking and policy proposals from academia and think tanks should also be welcomed.

In my presentation, I will first talk about the importance of the Informal Workshop on Managing Potential Conflicts in the South China Sea (“the Workshop Process”), a need to recognize its valuable contribution, and a need to consider how the Workshop Process’s role and function can be strengthened. After this, I will provide a number of examples in relations to the development of maritime cooperation in the South China Sea, in particular, since the adoption of the Conduct of Parties in the South China Sea (“DOC”) in November 2002 and the consultation and negotiation process for the conclusion of the Code of Conduct (“COC”) between PRC and ASEAN Member States. The third part of my presentation focuses on a number of proposals from think tanks and academia for institutional setting in the South China Sea, such as a proposal to establish the South China Sea Cooperation Council and the Fishery and Environmental Management Area in the South China Sea.