News Story: Shifting tactics - China advances 'four sha' claim in South China Sea

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By Patricia Lourdes Viray

MANILA, Philippines — Shifting away from its nine-dash line claim in the South China Sea, Beijing has forwarded a new sovereignty claim over the island groups in the disputed waters.

China's "four sha" (Chinese for sand) claim covers sovereignty and maritime entitlements from four island groups in the South China Sea—the Pratas Islands, Paracel Islands, Spratly Islands and the Macclesfield Bank area—according to a report from The Washington Free Beacon.

The Pratas Islands are occupied by Taiwan while the Paracel Islands are being disputed by China, Taiwan and Vietnam. Parts of the Macclesfield Bank are being claimed by China and Taiwan.

Meanwhile, there is an ongoing territorial dispute between China, Malaysia, the Philippines, Taiwan and Vietnam over the ownership of the Spratly Islands.

According to the report, the Chinese Foreign Ministry has laid its new tactic to assert its claims over the disputed sea in a closed-door meeting with US State Department officials last month.

International law experts Julian Ku and Christopher Mirasola, however, said that China's four sha claims are no more lawful than its nine-dash line claim.

"The challenge for critics of Chinese claims in the South China Sea, however, will be effectively explaining and articulating why this shift does not actually strengthen China’s legal claims in the South China Sea," Ku and Mirasola said in an article published by Lawfare.

In July 2016, the United Nations-backed tribunal invalidated the nine-dash line claim and ruled that Beijing violated its commitment under the UN Convention on the Law of the Sea (UNCLOS).

Read the full story at PhilStar

News Story: Vietnam, Japan want effective COC in East (South China) Sea

Tokyo (VNA) – Vietnam’s Deputy Minister of Defence Nguyen Chi Vinh and his Japanese counterpart Ro Manabe agreed at a meeting on September 12 that the China-ASEAN Code of Conduct (COC) on the East (South China) Sea should be effective and legally binding. 

At their bilateral meeting on the sidelines of the 9th ASEAN-Japan Defence Vice-Ministerial Forum in Fukuoka, Japan, the Japanese Deputy Defence Minister lauded the growing defence cooperation between Japan ASEAN nations, including Vietnam.

He proposed an informal meeting between the Japanese Defence Minister and ASEAN counterparts be organised in the framework of the upcoming ASEAN Defence Ministers’ Meeting (ADMM-plus) in October, saying that such a meeting will help intensify the ties between Japan and ASEAN nations, and create an opportunity for the new Japanese Defence Minister to get acquainted with ASEAN partners.

Ro Manabe noted that Japan is very interested in the negotiations to finalise the China-ASEAN Code of Conduct (COC), adding that Japan wants to cooperate with Vietnam in maintaining peace and security and ensuring maritime security in the East Sea.

Read the full story at VietnamPlus

News Story: Vietnamese government backs increased defence link with Australia & Vietnamese, Australian defence ministers hold talks

Vietnamese government backs increased defence link with Australia

Hanoi (VNA) – The Vietnamese Government supports the Vietnamese and Australian defence ministries to strengthen practical and sustainable ties to match bilateral strategic partnership and contribute to peace, stability and development in Asia-Pacific and beyond.

Prime Minister Nguyen Xuan Phuc made the statement at his reception for visiting Australian Defence Minister Marise Payne in Hanoi on August 24. 

He lauded the development of bilateral defence ties in line with the Memorandum of Understanding on defence cooperation signed in 2010. 

Read the full story at VietnamPlus

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Vietnamese, Australian defence ministers hold talks

Hanoi (VNA) – Vietnam’s Defence Minister Gen. Ngo Xuan Lich and his Australian counterpart Marise Payne agreed to consider the organisation of the first deputy ministerial defence policy dialogue and Australia’s support for Vietnam’s deployment of UN peace keeping forces during their talks in Hanoi on August 24.

Australia’s Defence Minister Marise Payne is on an official visit to Vietnam on August 24-25. This is the fourth official visit to Vietnam by a defence minister of Australia since the two countries set up defence ties in 1999, which realises bilateral commitments to intensifying defence cooperation for peace, stability, and wealth of the region.

At the talks, the ministers discussed regional security issues of shared concern and orientations for bilateral defence cooperative activities in the coming time.

They shared the view that the two countries’ defence cooperation is substantive, stable, and sustainable, and it is in line with the memorandum of understanding on defence cooperation inked in 2010.

Read the full story at VietnamPlus

News Story: Esperon denies Chinese occupation of Sandy Cay

By Alexis Romero

MANILA, Philippines — National Security Adviser Hermogenes Esperon Jr. yesterday denied that China has occupied the Sandy Cay off Pagasa Island in the West Philippine Sea and stressed that the government would not give up an inch of the areas claimed by the Philippines.

Supreme Court Senior Associate Justice Antonio Carpio on Saturday bared that China has virtually occupied Sandy Cay, an area situated around 2.5 nautical miles off Pag-asa Island in the West Philippine Sea.

Two frigates, a Chinese coast guard vessel and two military fishing boats were reportedly seen in the area. 

Carpio urged the Duterte administration to “vigorously protest” what he described as an “invasion” of Philippine territory by China. 

Esperon admitted that foreign fishing boats were seen in the Sandy Cay, but denied that China has seized the Sandy Cay.

“China has not seized sand bars in Pagasa Atoll,” Esperon said in a text message.

“There should be no alarm on that as long as they don’t occupy any of the sandbars. There are many Chinese as well as Vietnamese fishing boats in and near Pagasa Island and its nearby sandbars, collectively called Pagasa Atoll,” he added. 

Esperon said the Chinese ships came “too near” the Sandy Cay but did not seize it. He also maintained that the government would continue to assert the country’s maritime claims.

Read the full story at PhilStar

News Story: US vows to challenge excessive sea claims

Image: Flickr User - Greg Bishop

By Pia Lee-Brago

MANILA, Philippines - Saying it is not about any particular country or about making a political statement, the United States has stressed that it will invoke freedom of navigation and challenge excessive maritime claims anywhere in the globe.

In a recent press briefing in Washington, US State Department spokesperson Heather Nauert said US forces operate in the Asia-Pacific region, including the South China Sea, on a daily basis under a comprehensive freedom of navigation program (FONOP).

She explained that the operations, conducted in accordance with international law, are meant to demonstrate that the US will continue to fly, sail and operate “wherever international law allows.”

“It’s true in the South China Sea; it’s true in other places around the world as well,” Nauert said.

A US Navy destroyer carried out a “freedom of navigation operation” on Thursday, coming within 12 nautical miles of an artificial island built up by China in the South China Sea.

The USS John S. McCain traveled close to Mischief or Panganiban Reef in the Spratly Islands, among a string of islets, reefs and shoals.

Slamming the FONOP, the Chinese armed forces immediately sent naval ships to identify and verify the US warship and warned it to leave.

Read the full story at PhilStar

News Story: ‘ASEAN under pressure on Souht China Sea issue’

By Pia Lee-Brago

MANILA, Philippines - The United States yesterday acknowledged that the Association of Southeast Asian Nations (ASEAN) was under “tremendous” pressure on the South China Sea issue.

Heather Nauert, spokesperson for the US Department of State, said ASEAN still “held on to its principles” by defeating attempts to drop “militarization,” self-restraint” and “land reclamation” from the joint communiqué at the end of the meeting in Manila.

“So the ASEAN foreign ministers’ joint communiqué, which came out at the end of the forum, contains language on the South China Sea, and that reflects ASEAN’s important role in strengthening the rules-based order that benefits all nations, both large and small,” Nauert said in a press briefing in Washington.


The US welcomed the ASEAN foreign ministers’ reaffirmation of the importance of freedom of navigation, noting that the US shared their concerns over developments that Washington considered to be “unconducive” to regional stability, such as land reclamation.


“ASEAN was under tremendous pressure, but still held on to its principles,” she stressed.


Nauert added ASEAN also stressed the importance of exercising self-restraint, including refraining from militarization of features in the South China Sea. 


The US reiterated that the July 16 arbitral ruling is binding on China and the Philippines.

Read the full story at PhilStar

News Story: Japan, China in testy exchange over Tokyo's South China Sea remarks

By Audrey Morallo

MANILA, Philippines — Japan and China had a tension-filled meeting following Tokyo’s critical remarks at the East Asia Summit over Beijing’s island-building and military activities in the West Philippine Sea, an exchange confirmed by a Japanese government spokesperson.

Japanese media reported that the China Foreign Minister Wang Yi told his newly-appointed counterpart, Taro Kono, in a bilateral meeting: “Frankly speaking, we were disappointed to hear your comments.”

This statement was in reaction to the statement of Kono, Tokyo’s top diplomat, calling on China to respect the rule of international law regarding its military construction in the South China Sea, part of which Manila claims and calls the West Philippine Sea.

Kono said that Beijing should learn how to act as a big power, a statement that was confirmed by Toshihide Ando, a Japanese deputy press secretary.

“Responsible player? Something around that line, yeah,” Ando told Philstar.com after a media conference when asked to confirm this remark from Tokyo’s chief envoy.

Read the full story at PhilStar

News Story: ASEAN calls for South China Sea non-militarization

By Pia Lee-Brago

MANILA, Philippines — Southeast Asian foreign ministers yesterday called for non-militarization and self-restraint in the conduct of all activities by claimants and all other states in the South China Sea.

“We emphasized the importance of non-militarization and self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the DOC (Declaration on the Conduct of Parties in the South China Sea) that could further complicate the situation and escalate tensions in the South China Sea,” the ministers declared in a delayed joint communiqué.

The statement said the ministers discussed extensively the matters relating to the South China Sea and took note of the concerns expressed by some of them on the land reclamations and activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region.

They reaffirmed the importance of maintaining and promoting peace, security, stability, safety and freedom of navigation in and over-flight above the South China Sea.

They also cited the need to enhance mutual trust and confidence, exercise self-restraint in the conduct of activities and avoid actions that may further complicate the situation, and pursue peaceful resolution of disputes in accordance with international law, including the 1982 United Nations Convention on the Law of the Sea.

Read the full story at PhilStar

News Report: Gritty Talks Ahead as China, ASEAN Agree to Avoid Mishaps in Disputed Sea

Ralph Jennings

MANILA — China and a group of 10 Southeast Asian nations face tough negotiations on a code of conduct for avoiding mishaps in the contested South China Sea despite the endorsement of a framework for talks.

Experts say Beijing will oppose defining the scope of the sea, making the code binding and any enforcement that would limit its maritime activities, whereas the Association of Southeast Asian Nations (ASEAN) will ask for those details as discussions go on. The deal has dragged since 2002, with China resisting for much of the past six years. China and ASEAN foreign ministers approved a framework code in Manila Sunday.

“If and when a code of conduct is finalized, we can rest assured that it will be diluted to a point where it does not damage Chinese interests in the South China Sea,” said Jonathan Spangler, director of the South China Sea Think Tank in Taipei.

Beijing claims more than 90 percent of the 3.5 million-square-kilometer South China Sea, overlapping smaller tracts that Brunei, Malaysia, Vietnam and the Philippines say fall under their own flags. The code of conduct would be aimed at avoiding accidents as the claimant countries fish, explore for oil and gas or develop some of the estimated 500 tiny islets.

News Story: South China Sea code framework skips dispute settlement

By Patricia Lourdes Viray 

MANILA, Philippines — The framework of the Code of Conduct in the South China Sea will not serve as an instrument to settle territorial disputes or maritime delimitation issues.

Foreign ministers of ASEAN and China are expected to adopt the framework that will serve as an outline for a code of conduct on the disputed waters.

In a two-page document acquired by Philstar.com, one of the main objectives of the code is to establish a rules-based framework to guide the conduct of parties and to promote maritime cooperation in the disputed South China Sea.

Despite not being an instrument to settle disputes, the framework stated the parties' commitment to the principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea or UNCLOS, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence and other principles of international law.

The framework did not include the arbitral ruling of a UN-backed tribunal that invalidated China's expansive claims in the South China Sea. Last year, the international tribunal ruled that Beijing violated its commitment under the UNCLOS following its reclamation activities within the Philippines' exclusive economic zone.

The framework of the code of conduct stressed "[r]espect for each other's independence, sovereignty and territorial integrity in accordance with international law, and the principle of non-interference in the internal affairs of other states."

Read the full story at PhilStar

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PacificSentinel: In other words it's a worthless piece of paper that will be ignored by everyone, what a massive waste of time.

News Story: ASEAN goes soft on China

By Pia Lee-Brago and Edu Punay

MANILA, Philippines -  The Association of Southeast Asian Nations (ASEAN) is seen to take a softer stand on China’s aggressive moves in disputed waters and to highlight instead the conclusion of negotiations on a framework of the Code of Conduct of Parties in the South China Sea (COC).

The latest talks on the COC were held on May 18 in Guiyang, China.

In a draft statement, ASEAN foreign ministers said they tasked the ASEAN-China Senior Officials’ Consultation (ACSOC) mechanism to begin discussions on a substantive and effective COC on the basis of the framework as soon as possible. 

ASEAN and China are set to endorse a framework for a COC that will regulate the future behavior of the parties concerned during the meeting in Manila this week. The framework will be endorsed for eventual crafting of a COC.

The Department of Foreign Affairs (DFA) said the framework, completed ahead of the mid-2017 goal set by the leaders of ASEAN and China, contains elements which the parties have agreed to.

But the draft does not call for a legally binding COC, as some ASEAN countries had wanted.

Pending conclusion of a substantive COC, the ministers reaffirmed the importance of maintaining peace, stability, security and freedom of navigation and overflight in and above the South China Sea. 

“In this regard, we underscored the importance of the full and effective implementation of the DOC (Declaration on the Conduct of Parties in the South China Sea) in its entirety,” the draft communiqué said.

“Taking note of concerns expressed by some ministers over recent developments in the area, we reaffirmed the importance of enhancing mutual trust and confidence, exercising self-restraint in the conduct of activities, pursuing mutually agreed practical maritime areas of cooperation, and avoiding unilateral actions in disputed features that may further complicate the situation in keeping with the principle of peaceful resolution of disputes without resorting to the threat or use of force,” the draft statement said.

The draft communiqué did not mention the July 12, 2016 arbitral ruling in favor of the Philippines.

Read the full story at PhilStar

News Report: US Assures ASEAN: North Korea Will Not Overshadow South China Sea Talks

Nike Ching

STATE DEPARTMENT — As U.S. Secretary of State Rex Tillerson embarks on his first official trip to Southeast Asia this week, the United States continues to press for a legally binding mechanism to prevent conflicting territorial claims in the South China Sea from erupting into violent confrontations.

After more than 15 years of intermittent talks, foreign ministers from the Association of Southeast Asian Nations (ASEAN) and China are expected to endorse the framework of a code of conduct (COC) that commits to cooperation rather than confrontations in the disputed waters, during talks this week in the Philippines.

"The U.S. has certainly welcomed the agreement on the framework, but we are also continuing to call for the rapid adoption of an effective code of conduct," Susan Thornton, acting assistant secretary of state for East Asian and Pacific Affairs, said Wednesday in a telephone briefing.

Think Tank: Why Indonesia’s new map is not (all) about the South China Sea

Evan Laksmana

On 14 July, Indonesia released its new official map. During the press conference, Havas Oegroseno, Indonesia’s deputy coordinating minister for maritime affairs, highlighted several changes to the old map, including the renaming of the waters northeast of the Natuna Islands bordering the South China Sea as the ‘North Natuna Sea’.

A Chinese Ministry of Foreign Affairs spokesman condemned the move, arguing, ‘The so-called change of name makes no sense at all and is not conducive to the effort to the international standardization of the name of places.’ A Chinese expert quoted by the Global Times further claimed that Indonesia is merely seeking a bargaining chip before engaging in bilateral ‘maritime boundary delimitation’ talks in the future.

Regional analysts jumped on the name change and speculated whether Indonesia was deliberately taking a tougher stance against China in the South China Sea (see here and here), even if executed in a unilateral fashion. But the new map wasn’t all about the South China Sea. Indonesia doesn’t recognise any existing maritime delimitation dispute with China. The renaming of waters only applied to Indonesia’s exclusive economic zone and continental shelf on the southern part of the Indonesian–Vietnam border and didn’t encompass the entire South China Sea.

News Story: ‘Philippines not giving up territory to China’

By Pia Lee-Brago

MANILA, Philippines -  The Philippines will not lose even a “single inch” of territory to China if ever it proceeds with its joint exploration deal with the Asian giant, which is claiming almost the entire South China Sea.

Foreign Affairs Secretary Alan Peter Cayetano gave the assurance in a press briefing yesterday, saying any agreement would be in conformity with the Constitution and laws of the Philippines.

Cayetano said China has been consistent in its position on joint exploration since 1986 and that it is the Philippines which has been vacillating.

“It’s we who can’t make up our mind because of the different administrations and because our Constitution at that time was new,” he said.

As he had discussed with President Duterte, Cayetano said future deals should be more beneficial to the Philippines than the agreement on Malampaya development.

“I pointed to Malampaya so despite the constitutional provision that only Filipinos should benefit, there was a joint venture for Malampaya and this was approved by the Supreme Court,” Cayetano said without elaborating.

He said a joint venture is complicated as it has to be commercially and economically viable and the standard industry sharing has to be in conformity with the Constitution.

“Will we get there? We sincerely hope so. That’s one of my mandates. That’s an order from the President,” he said.

In an event on Tuesday hosted by Manila for visiting Chinese Foreign Minister Wang Yi,  Cayetano cited the Malampaya project as a model for joint exploration and development projects with foreign entities.

Wang called joint development “full of political wisdom” that could be applied in the South China Sea.

Cayetano noted that talks on joint development with China began in 1986 between then president Corazon Aquino and then Chinese leader Deng Xiaoping.

Wang warned unilateral development “might lead to tensions.”

Read the full story at PhilStar

News Story: Albright - UN ruling on SCS to remain in the books

Madeleine Albright (Image: Wiki Commons)

By Pia Lee-Brago

MANILA, Philippines - The landmark ruling on the West Philippine Sea (South China Sea) favoring the Philippines does not get removed from the books and would be useful in certain periods, former US secretary of state Madeleine Albright said on Wednesday.

“I think it was the previous government that asked for that landmark decision. It doesn’t get removed from the books. It’s there,” she stressed when asked about President Duterte’s decision to set aside the arbitral ruling in the meantime.

The UN-backed arbitral tribunal based in The Hague ruled on July 12, 2016 that China’s nine-dash line claim does not have legal basis and that Beijing violated its commitment under the United Nations Convention on the Law of the Sea (UNCLOS) by building artificial islands in the Philippines’ exclusive economic zone. 

China has opposed and refused to honor the tribunal ruling, calling it illegal and invalid.

“It doesn’t mean the decision is overtaken by events. It’s there. I believe it’ll be useful in certain period,” Albright said at the ANC Forum on Global Governance and World Economy at the Sofitel Philippine Plaza hotel.

The Department of Foreign Affairs (DFA) said the President’s priority of regional peace and stability has led to the healthy environment of dialogue, cooperation and development with China and other Asian neighbors.

Read the full story at PhilStar

News Story: Putting law to work in the South China Sea

By Dindo Manhit

As far as the Philippines is concerned, it has been a quiet July for foreign policy. Although the one-year anniversary of The Hague ruling on the Philippine case against China has just passed, there have been too few events marking the occasion or even debating its significance. The Stratbase ADR Institute held a forum on this topic last week, but there is still plenty of room for us to talk about where our national priorities lay on this issue.

International law at work

While the Philippines has been relatively quiet, there continue to be interesting developments in the South China Sea. Throughout July, various news sources have reported that US aircraft and vessels have been challenging what China believes to be its waters in the South China Sea. These latest exchanges have come on top of the greatly publicized freedom of navigation operation that the US conducted in May around Mischief Reef. These developments appear to confirm that the Trump administration is not taking a softer approach on upholding the rules-based order.

Even more interesting is the decision by Indonesia to rename the waters in the northern part of its exclusive economic zone (EEZ) the “North Natuna Sea.” This move is awfully familiar to our country—we did the same thing with the West Philippine Sea. This move was not welcomed by China: one foreign ministry spokesman said that the change “makes no sense at all.” China’s illegal nine-dash line is so expansive, it overlaps with that section of Indonesia’s EEZ, even more distant from China than the Spratly islands. Could we be seeing similar moves from ASEAN partners soon?

These decisions by other countries just go to show that international law still matters. This is an important point for that we can do more in the Philippines to appreciate.

Read the full story at PhilStar

News Story: Chinese ships enter Japan waters north of Kyushu for 1st time

FUKUOKA (Kyodo) -- Two Chinese coast guard ships briefly entered Japanese waters Saturday around two islands off the southwestern main island of Kyushu, in the first confirmed entry by Chinese government vessels into the area, the Japan Coast Guard said.

Under the U.N. Convention on the Law of the Sea, vessels of every country have the right to sail through territorial seas as long as they do not harm the safety of the countries concerned.

The Japan Coast Guard requested the ships to exit from the territorial waters, though it has not made it clear whether it considered their presence an intrusion into territorial waters.

According to the coast guard, it was notified by the Defense Ministry that one Chinese coast guard ship entered territorial waters near the southern tip of Tsushima Island around 11:50 a.m.

The ship exited the waters around 12:20 p.m. after the coast guard called on the ship to leave by radio.

Read the full story at The Mainichi

News Story: Vietnam, Singapore share concern over terrorism

Singapore (VNA) – Vietnam and Singapore have shared concern over terrorism in the region and the world and affirmed willingness to fight terrorism and extreme violence. 

It was one of the important agenda during Permanent Deputy Prime Minister Truong Hoa Binh’s visit to Singapore from July 13-15 at the invitation of Singaporean Deputy Prime Minister Teo Chee Hean. 

Both sides agreed to continue facilitating all-level visits and exchanges on the Party, State and government channels and people-to-people exchange, effectively tap strategic consultation mechanisms and enhance ties between the two countries’ defence forces, particularly in naval and aviation fields, anti-piracy cooperation and search and rescue. 

The Singaporean side pledged to boost security collaboration with Vietnam, especially in cyber security, sharing of anti-terrorism intelligence information, immigration management, information security and personnel training. 

Read the full story at VietnamPlus

News Story: (Philippines) Government hit for setting aside Hague ruling

By Edu Punay

MANILA, Philippines -  Two members of the government’s legal team in the arbitration case against China yesterday slammed the Duterte administration for apparently ignoring the award they won for the country.

Supreme Court Senior Justice Antonio Carpio and former solicitor general Florin Hilbay both criticized the policy taken by the administration on the issue following the country’s victory before the Permanent Court of Arbitration (PCA).

“I was aghast that the President used the term ‘setting aside’ (the PCA award),” Carpio said at a forum marking the first anniversary of the ruling.

Carpio said he was not satisfied with the soft stance taken by the Duterte administration to prevent China’s reclamation activities in the West Philippine (South China) Sea, particularly in Panatag (Scarborough) Shoal.

Carpio suggested the government should file another arbitral case against China’s action in the contested areas.

He believes China is using a strategy to control the South China Sea without using force and would only sign a Code of Conduct being pushed by the Association of Southeast Asian Nations after completing its naval base in the contested areas.

Read the full story at PhilStar

News Report: Chinese Charm in Southeast Asia Shows Signs of Chafing

Ralph Jennings

TAIPEI — China’s use of economic aid to placate angry neighbors is still seen as effective in allowing it to consolidate its controversial claims in the South China Sea, but it is also showing early signs of wearing thin a year after an international court rejected Beijing's legal basis for maritime claims that have put it at odds with much of Southeast Asia.

At the request of the Philippines, a world court arbitration tribunal in The Hague ruled in July 2016 that Beijing was violating other countries’ exclusive economic zones in the South China Sea.

China has used ‘aid as sweetener’ in South China Sea dispute

Beijing rejected the decision but since then has stepped up aid and investment to four Southeast Asian countries. Those states resent China for building artificial islets for military use and passing coast guard ships in contested tracts of the sea -- before as well as after the ruling. Analysts say China hopes that aid will deter other countries from filing another case in The Hague.

“Even China is being careful in order to avoid a second case from being filed,” said Jay Batongbacal, director of the Institute for Maritime Affairs and Law of the Sea at the University of the Philippines. “It’s forced to try to really increase economic ties.”