China President Xi Jinping will join ASEAN leaders next week for the annual East Asia Summit in Manila, where they are expected to endorse the so-called framework of the Code of Conduct in the South China Sea, a multilateral platform to solve territorial disputes between claimants. After 15 years in the making, the endorsement will serve as a watershed moment for all parties involved, but the question remains: how effective will it be in stopping Chinese incursions?
While China’s decision to endorse the largely ASEAN-led proposal should be seen as a positive move in the right direction, members of the regional grouping should not give a waiver to China’s coercive actions in the past, which include the expansion of its coast guard and its military presence. What may seem like a calm period now could likely be a carefully crafted scenario. History shows that China tends to swing back and forth between playing offensive against its neighbors and softening its stance only when territorial gains have been secured.
Quoting a Southeast Asian official in his piece for the Diplomat, Prashanth Prameswaran aptly compared China’s behavior to an abusive husband with repeated “cycles of hits and makeups”. For instance, China agreed to draft the framework of the Code of Conduct in 2002 only after ASEAN countries, backed by Washington, launched a formidable diplomatic campaign against its acquisition of the Mischief Reef, which began in 1995 with land reclamation.
Similarly, China’s decision in August agreeing to a final draft of the framework followed its defeat at the international tribunal in the Hague, which ruled last year in favor of the Philippines. The tribunal found that China’s claims of historic rights within the so-called nine-dash line were illegal. it also concluded that Beijing’s activities within the Philippines’ two-hundred-nautical-mile exclusive economic zone, such as illegal fishing and environmentally ruinous artificial island construction, infringed on Manila’s sovereign rights.
Here lies the crux of the matter: provisions within the final draft of the Code of Conduct provide little assurance that all parties would avoid making unilateral moves in the future. The fact that they are non-binding, is no guarantee that claimants will not delay, potentially indefinitely, the implementation of agreed commitments. Those who are familiar with the drafting process understands that the final draft is disappointing, to say the least.
Given this reality, it is highly regrettable that US President Donald Trump has decided to skip the coming Summit. However dreadful Trump may be as a person, the absence of US leadership means the absence of a balancing super power that essentially favors ASEAN’s interests. At a time when the US is increasingly more focused on domestic issues, it is only natural that ASEAN should become more assertive and more united in avoiding a repeat of China’s playbook on the South China Sea.