Veteran Indonesian diplomat analyzes the "key" to tensions in the East Sea

By working together and respecting the law, resolving disputes peacefully, and acting transparently and fairly, we can achieve peace in the South China Sea.

Recently, the situation in the East Sea has had many complicated developments as tensions between China and the Philippines escalated. (Source: Euro Asia Review)

In a recent analysis in Euro Asia Review, veteran Indonesian diplomat Simon Hutagalung, master of comparative political science at New York University (USA), focused on analyzing potential solutions to the conflict in the East Sea. He emphasized peaceful negotiations in the spirit of international law, open communication channels as well as confidence-building measures, cooperation in resource development, compliance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the participation of mediators. The World & Vietnam Newspaper translated the analysis.

Peaceful negotiations in the spirit of UNCLOS

International law, specifically UNCLOS, provides a solid framework for resolving maritime disputes. UNCLOS, established in 1982, clearly defines the rights and responsibilities of nations on the oceans. UNCLOS promotes the peaceful use of marine resources and the equitable resolution of conflicts.

Article 279 of UNCLOS 1982 states that disputes should be resolved by peaceful means, encouraging a cooperative international maritime order.

Conflicts in the South China Sea can use dispute resolution mechanisms outlined in UNCLOS, such as arbitration and international justice.

The 2013 arbitration case brought by the Philippines against China before the Permanent Court of Arbitration (PCA) in The Hague is a prime example and is considered a precedent.

The 2016 ruling invalidated China’s expansive “nine-dash line” claim, thereby reinforcing the principles set out in UNCLOS (PCA, 2016).

Despite China's rejection of the ruling, the PCA's ruling underscores the importance of a legal framework in resolving disputes.

Clearly, engaging in negotiations based on the spirit of UNCLOS can enhance the legitimacy and acceptability of any agreement reached.

Open communication and trust building

Effective conflict resolution requires transparent and open communication and confidence-building measures among claimant states in the South China Sea.

Dialogue can help reduce misunderstandings and promote trust and cooperation. Track 2 diplomacy, involving non-governmental organizations and experts, can complement formal negotiations by providing informal channels for dialogue.

Confidence-building measures could include setting up hotlines for immediate communication in the event of an incident, conducting joint naval exercises and sharing information on military activities.

The ASEAN Regional Forum (ARF) and the ongoing negotiations on the Code of Conduct in the South China Sea (COC) between China and ASEAN serve as platforms that can facilitate open and trust-building contacts.

The ARF promotes dialogue and security cooperation, while the COC aims to prevent conflicts in the South China Sea by establishing mutually agreed rules and regulations.

A working session at the PCA court. (Source: PCA)

Joint development of resources could also be promoted. It is clear that conflicts in the East Sea partly stem from the region's abundant resources such as fisheries and hydrocarbons.

Joint development of marine resources and effective transformation of competition into cooperation are also solutions to potential disputes and conflicts.

Joint Development Agreements (JDAs) allow claimant states in the South China Sea to jointly exploit resources and share benefits, temporarily setting aside sovereignty disputes.

A clear legal framework, equitable benefit-sharing mechanisms and effective dispute resolution procedures are essential to ensure the success of JDAs. In addition, the establishment of multilateral JDAs under international supervision will ensure transparency and fairness.

However, it is more important to comply with the peaceful dispute resolution mechanisms set out in UNCLOS. UNCLOS provides various mechanisms such as negotiation, conciliation and arbitration to resolve conflicts peacefully.

Compliance with these mechanisms is crucial to achieving sustainable conflict resolution. The Permanent Court of Arbitration’s (PCA) ruling on the Philippines-China arbitration case underscores the importance of respecting international judicial decisions.

The role of mediation

Mediation is non-binding but constructive for dialogue. Neutral third parties assist the process by facilitating negotiations and suggesting solutions.

Furthermore, although not legally binding, conciliation can lead to formal agreements. The International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS) are judicial forums within the spirit of UNCLOS.

The involvement of a mediator is important, facilitating dialogue and ensuring fairness in negotiations. Reputable international actors can also enhance the legitimacy and acceptability of the solutions proposed. Mediators can be states, international organizations or individuals with expertise in conflict resolution and maritime law.

The United Nations, through bodies such as the Department of Political and Peacebuilding Affairs (DPPA), can assist in mediation. Regional organizations such as ASEAN and the East Asia Summit (EAS) can also contribute to the process.

Additionally, experienced figures including former heads of state or diplomats can serve as credible mediators.

In short, resolving conflicts in the East Sea requires practical solutions such as joint development of resources and compliance with peaceful resolution mechanisms outlined in UNCLOS.

Effective dialogue and confidence-building measures can foster trust between countries, potentially turning competition into cooperation when developing shared resources.

In addition, the involvement of neutral (third party) mediators is necessary to facilitate dialogue and ensure fairness. By working together and respecting the law, resolving disputes peacefully, and behaving in a transparent and fair manner, we can achieve peace in the East Sea.

Source: https://baoquocte.vn/nha-ngoai-giao-ky-cuu-indonesia-phan-tich-chia-khoa-cho-cang-thang-o-bien-dong-277016.html