The Indo–Pacific is home to up to 65 percent of the world’s population, occupies 46 percent of the international trade, and is emerging as a region of dynamic development in terms of economy, science, and technology. The region sees the presence of the world’s top three economies, namely the US, China, and Japan, and seven out of the eight rapidly developing markets such as China, Vietnam, Indonesia, India, etc.
It is obvious that in the Indo–Pacific, the South China Sea is a conjunction connecting the Pacific and the Indian Ocean, serving as an important navigation line transporting cargo and energy from Europe to Asia and from Asia to Africa. That is why disruption of navigation in the region can lead to the risk of another in the global supply chain, hindering the development of the world economy.
With its strategic location, the South China Sea is becoming the site of fierce competition among powers in increasing their influence, optimizing their interests, and deploying strategies in the region.
In that context, maintaining peace and freedom of navigation and overflight in the South China Sea on the basis of international law is an inevitable requirement and a responsibility of the international community, especially Southeast Asia countries. The unreasonable claims of territory and violent behaviors in defiance of international law aimed at monopolizing the South China Sea are all opposed.
In 2016, the Permanent Court of Arbitration (PCA) issued a judgment affirming that the “nine-dash” claim by China is legally groundless. The PCA judgment and the 1982 UN Convention on the Law of the Sea (UNCLOS 1982) have become an important legal ground for reference by the sides in peacefully settling differences in the South China Sea.
Over the past three decades, the ASEAN has unceasingly dialogued with partners and agreed on a common stance on the importance of upholding international law and the UNCLOS 1982, creating progress in the implementation of the Declaration of Conducts (DOC) and the building of the Code of Conduct, thus helping maintain peace, stability, and freedom of navigation and overflight in the South China Sea.
The countries concerned in the region have repeatedly affirmed their stance of supporting the maintenance of peace and movement freedom in the South China Sea. It is noteworthy that the joint statement of the trilateral summit of the US, Japan, and the Republic of Korea at Camp David, Maryland state, the US, on August 18, 2023, strongly denounces “the dangerous and aggressive behavior” by China in the South China Sea, holding that the country is trying to commit provocations in support of unlawful maritime claims in the South China Sea, and strongly oppose any unilateral attempt to change the status quo in the waters of the Indo – Pacific, the militarization of reclaimed features, the dangerous use of coast guard and maritime militia vessels, and coercive activities. The statement reaffirmed the commitment to the protection of international law, including the right to freedom of navigation, the UNCLOS 1982 and the 2016 judgment by the PCA, affirming that the judgment is the legal basis for the peaceful resolution of maritime conflicts between the parties.
To safeguard their legitimate rights and interests, states should have a stronger voice and take more active and proactive moves to ensure the freedom of navigation and overflight in the South China Sea and to demand the sides take responsibility for abiding by international law, including the UNCLOS 1982 and the PCA 2016 judgment so as to prevent every unreasonable claim in the South China Sea and solve every dispute through peaceful measures. International and regional cooperation is also needed to conserve and utilize sustainably the marine and ocean resources, as well as to ensure the observation of the provisions on conduct and the freedom of travel in the South China Sea.
The countries should also take an active, intensive, and extensive part in regional cooperation mechanism, intensify the exchange of stances and the building of trust and self-restraint, refrain from acts that can further complicate the situation or escalate tension in the South China Sea, abide by the UNCLOS 1982 and the PCA judgment in defining claims on the sea and in the settlement of the disputes through peaceful measures, and strongly oppose every unreasonable sovereignty claims in the South China Sea.
