Members of the visit, board, search and seizure team from the guided-missile frigate USS Vandergrift (FFG 48) prepare to board the Royal Cambodian Navy patrol craft PC 1142 in October, 2012. U.S. Navy Photo
China and the United States are competing for influence throughout Southeast Asia and Cambodia appears to be the latest battleground. In January, China stepped up its defense cooperation with Cambodia in a development that several regional analysts saw as an attempt to supplant the United States. One writer, for example, likened China’s initiative to a “tug-of-war” with the United States.
For government officials and regional analysts following the security dialogues in Phnom Penh last week (9–13 July) there was good news and bad news. The good news was that the foreign ministers of the Association of Southeast Asian Nations (ASEAN) agreed to the key elements of their Code of Conduct (COC) in the South China Sea. The bad news was that the ASEAN foreign ministers could not agree on the wording of the South China Sea section of a joint communiqué.
Good News: ASEAN Agrees on a Code of Conduct
In 2002, ASEAN and China failed to reach an agreement on a COC in the South China Sea. As a compromise they signed off on a nonbinding political statement that took the form of the Declaration on Conduct of Parties in the South China Sea (DOC). The signatories agreed to work toward the eventual adoption of a COC.
Implementation of the DOC languished for nine years until China, in an about face, resumed discussions with ASEAN and agreed on guidelines to implement the DOC. China’s change of mind was in reaction to pressure from the international community, led by the United States, criticizing China’s assertive actions against the Philippines and Vietnam. The agreement on the DOC guidelines prompted ASEAN to move on to the next phase—drafting a COC for the South China Sea.
ASEAN has not yet released the official text of its COC. But a detailed outline provided to the author shows it to contain three parts. The first is a preamble listing agreements between ASEAN and China obligating them to settle their disputes peacefully in accordance with international law, including the U.N. Convention on Law of the Sea (UNCLOS).