Asean, the declaration on conduct, and the south china sea

Contemporary Southeast Asia

Volumn 25, Issue 3, 2003, Pages 343-362

  Ruszynski, Leszek ^a  

^a INTERNATIONAL UNIVERSITY OF JAPAN   (Japan)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 85120827939     PISSN: 0129797X     EISSN: None     Source Type: Journal    
DOI: 10.1355/CS25-3A     Document Type: Article

References (74)

1. Friedrich V. Kratochwil, Rules, Norms, and Decisions: On the Conditions ofPractical and Legal Reasoning in International Relations and Domestic Affairs (New York: Cambridge University Press, 1989), p. 69.
2. Friedrich V. Kratochwil, Rules, Norms, and Decisions: On the Conditions ofPractical and Legal Reasoning in International Relations and Domestic Affairs (New York: Cambridge University Press, 1989), p. 70.
3. 3.For developments before 1987 see Robert Rau, "Present and Future Maritime Security Issues in the Southeast Asian and South China Seas", Contemporary Southeast Asia 8, no. 1 (1986): 37-69; for an explanation of the legal issues see Choon-Ho Park, "The South China Sea Disputes: Who Owns the Islands and the Natural Resources?" Ocean Development and International Law Journal 5, no. 1 (1978): 27-59; Gerardo M.C. Valero, "Spratly Archipelago Dispute: Is the Question of Sovereignty Still Relevant?" Marine Policy 18, no. 4 (1994): 314-44.
4. 4.United States Information Service broadcast, 18 September 1992.
5. 5.Allen S. Whiting, "The PLA and China's Threat Perceptions", The China Quarterly, no. 146 (June 1996); "Treacherous Shoals", Far Eastern Economic Review, 13 August 1992; Chinese uses the term "survival space" or Lebensraum to characterize the South China Sea, which included fuel for industry and food for the people in the next century. The term "survival space" appeared in a military book entitled, New Scramble for Soft Frontiers, by Lt Colonel Cui Yu Chen at the research office of Chengdu military region. See Nayan Chanda and Kari Huus, "The New Nationalism", Far Eastern Economic Review, 9 November 1995.
6. 6.See Paul H.B. Godwin, "The PLA Faces the Twenty-First Century" in China's Military Faces the Future, edited by James R. Lilley and David Shambaugh (New York: M.E. Sharpe 1999), pp. 51-4; John Garver, "China's Push through the South China Sea: The Interaction of Bureaucratic and National Interests", The China Quarterly 132 (December 1992); Shee Poon Kim, "The South China Sea in China's Strategic Thinking," Contemporary Southeast Asia 19, no. 4 (1998): 369-87.
7. 7.See Rodney Tasker, "Calculating the Risk Factor," Far Eastern Economic Review, 5 May 1988; Straits Times, 17 March 1988, Bangkok Post, 7 April 1988.
8. 8.Hong Kong, "Liaowang" 27 March 1989; SWB, 22 April 1989 [FE/0441/B2/5],
9. 9."Senior Officer Outlines China's Naval Ambitions," Far Eastern Economic Review, 16 April 1992.
10. 10.Sfraifs Times, 21 April 1992.
11. 11.Sunday Times, 25 July 1993.
12. 12.Duk-ki Kim, Naval Strategy in Northeast Asia: Geostrategic Goals, Policies and Prospects (London: Frank Cass 2000), pp. 146-7.
13. 13.Tai Ming Cheung, "Fangs of the Dragon", Far Eastern Economic Review, 13 August 1992.
14. 14.Straits Times, 2 July 1992.
15. 15.Harvey Stockwin, "China's Controversial Territorial Claim", South China Morning Post, 8 March 1992.
16. 16.Straits Times, 28 March 1992.
17. 17.Straits Times, 2 March 1992, Ismail Kassim, "China's Warning on Spratlys raises Spectre of Armed Clashes", Straits Times, 11 March 1992.
18. 18.Straits Times, 4 March 1992.
19. 19.Straits Times, 19, 21 February 1992.
20. 20.Jakarta Post, 30 June 1992.
21. 21.Reuters, 24 August 1993.
22. 22.Philippine Daily Inquirer, 16 November 1998; Rigoberto Tiglao, "Troubled Waters", Far Eastern Economic Review, 30 June 1994.
23. 23.See Shee Poon Kim, The South China Sea in China's Strategic Thinking, op cit.
24. 24.Defence Secretary Orlando Mercado differed from Foreign Secretary Domingo Siazon who was cautious about provoking China. The differences between the Defence and Foreign Affairs departments remained wide over this issue. Philippine Daily Inquirer, 31 March 1999.
25. 25.Philippine Daily Inquirer, 6 January 1999.
26. 26.Amando Doronila wrote that the Chinese were testing the Philippines as the weakest link in ASEAN, that the way China deals with the Philippines is an experiment for China as to how it would deal with other claimants. "Spratlys Dispute Moves beyond Words", Philippine Daily Inquirer, 26 May 1999.
27. 27.The proposal for joint development was raised by Chinese Premier Li Peng in Singapore on 13 August. He said that "China is ready with the joint efforts of Southeast Asian countries to develop the [Spratly] islands while putting aside for the time being the question of sovereignty." Nayan Chanda and Tai Ming Cheung, "Reef Knots", Far Eastern Economic Review, 30 August 1990. In Malaysia in December 1990, Li Peng said that Beijing's sovereignty was "indisputable" but it was willing to take into account historical and practical factors, Straits Times, 14 December 1990.
28. 28.Garver, China's Push through the South China Sea, op cit.
29. 29.On U.S. deterrence of China see Robert S. Ross, "Navigating the Taiwan Strait", International Security 27, no. 2 (2002): 48-85.
30. 30.Bruce Gilley, "Power Plan", Far Eastern Economic Review, 12 October 1995.
31. 31.On China's oil needs as related to the South China Sea see Mamdouth G. Salameh, "China: Oil and the Risk of Regional Conflict", Survival 37, no. 4. (1995-96); On the impact on China's foreign policy see Amy Myers Jaffe, "Beijing's Oil Diplomacy", Survival 44, no. 1 (2002): 97-114.
32. 32.Reuters, 25 August 1992.
33. 33.Antara [239/A] 26 August 1992.
34. 34.Straits Times, 27 April 1993.
35. 35.Point 4 of the Declaration stated that the parties hereby "commend all parties concerned to apply the principles contained in the Treaty of Amity and Cooperation in Southeast Asia as the basis for establishing a code of international conduct over the South China Sea", ASEAN Declaration on the South China Sea, 25th ASEAN Annual Ministerial meeting, Manila, the Philippines, 22 July 1992, .
36. 36.The Chinese attachment stated that "China is against the use of force, China has put forward proposals to shelve the dispute and start joint development. We are ready to enter into negotiations with the countries concerned when conditions are ripe. When conditions are not ripe we can shelve the disputes for the time being so as to prevent the issue from affecting friendly relations with the countries concerned". See ASEAN Declaration on the South China Sea.
37. 37.The South China Sea Dispute: Renewal of a Commitment for Peace, ASEAN-ISIS Memorandum no. 6 (Kuala Lumpur: ISIS, May 1995).
38. 38.See "Joint Statement Republic of the Philippines-People's Republic of China Consultations on the South China Sea and Other Areas of Cooperation", 9-10 August 1995, Department of Foreign Affairs, Manila; Straits Times, 12 August 1995.
39. 39.Michael Vatikiotis, "Mixed Motives", Far Eastern Economic Review, 24 June 1993.
40. 40.Nayan Chanda, "Divide and Rule", Far Eastern Economic Review, 11 August 1994.
41. 41.Sunday Times, 20 August 1995.
42. 42.Point 9 of the joint statement referred to the need "to maintain peace and security in the SC Sea and to promote the settlement of disputes through bilateral friendly negotiations in accordance with universally recognised principles of international law including the 1982 UNCLOS". "Joint Statement between Government of Malaysia and Government of the PRC on Framework for Future Bilateral Cooperation", 31 May 1999, .
43. 43.The two reefs occupied by Malaysia were Erica Reef (Terumbu Siput), and Investigator Shoal (Terumbu Peninjau), both within Malaysia's claim area. Straits Times, 19 June 1999: Manila Times, 20 June 1999.
44. 44.Ravi Nambiar and Ramian Said, "Hamid: Spratlys Issue Not for ARF Discussion", New Straits Times, 23 July 1999; Manila Times, 22 July 1999.
45. 45.Straits Times, 24 May 1995.
46. 46.Philippine Daily Inquirer, 28 May 1999.
47. 47.Philippine Daily Inquirer, 25 May 1999.
48. 48.Philippine Star, 25 May 1999.
49. 49.David Lague, "U.S. Holds Tighter to Taiwan's Hand", Far Eastern Economic Review, 30 August 2001; Straits Times, 18 August 2001.
50. 50."Hanoi Rules out U.S. Cam Ranh Bay Treaty", CNN.com, 14 February 2002, .
51. 51.Philippine Daily Inquirer, 8 January 1999.
52. 52.The Nation, 17 March 2000.
53. 53.Straits Times, 29 November 2000
54. 54.Wu Baiyi, "The Chinese Security Concept and its Historical Evolution", Journal of Contemporary China 10, no. 27 (2001).
55. 55.Xinhua News Agency, 1 August 2002.
56. 56.New Straits Times, 21 July 1999.
57. 57.New Straits Times, 22 July 1999.
58. 58."Regional Code of Conduct in the South China Sea", Draft of 12 October 1999 circulated in ASEAN SOM.
59. 59.The Sun, 28 July 1999; Straits Times, 27 July 1999.
60. 60."Code of Conduct in the South China Sea, draft of the Chinese Side", undated document circulated in ASEAN SOM.
61. 61.Philippine Daily Inquirer, 26 November 1999.
62. 62.The Star, 26 November 1999.
63. 63.South China Morning Post, 30 November 1999.
64. 64.Jim Gomez, "China Wants Military Drills, Patrols Banned in Spratlys", Philippine Daily Inquirer, 21 February 2000.
65. 65.Sa-Nguan Khumrungroj, "China Warns ASEAN against Boosting Ties", The Nation, 17 March 2000.
66. 66.Philippine Daily Inquirer, 16 March 2000.
67. 67.The Sun, 24 July 2002; The Star, 27 July 2002.
68. 68.Business Times, 17 July 2002.
69. 69.Business Times, 30 July 2002.
70. 70.Business Times, 30 September 2002.
71. 71.Business Times, 2 November 2002.
72. 72.See "Declaration on the Conduct of Parties in the South China Sea", Association of Southeast Asian Nations, .
73. 73.Business Times, 25 April 2003.
74. 74.The Star, 11 November 2002.