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The 2002 ASEAN-China DOC (cont’d)
Pending a comprehensive and durable settlement of the disputes, the parties concerned may explore or undertake cooperative activities such as: (a) marine environmental protection; (b) marine scientific research; (c) safety of navigation and communication at sea; (d) search and rescue operation; and (e) combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms. 4. Parties shall continue their consultations and dialogues concerning relevant issues for the purpose of promoting good neighborliness and transparency, establishing harmony, mutual understanding and cooperation and facilitating peaceful resolution of disputes among them.



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The 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea (often referred to as 2002 DOC) 1. Parties reaffirmed their respect to the freedom of navigation in and overflight above the SCS, as provided for by universally recognized principles of international law and the UNCLOS. 2. Parties resolved to address their territorial and jurisdictional disputes by peaceful means, in accordance with universally recognized principles of international law, including the 1982 UNCLOS. 3. Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes including refraining from action of inhabiting on the uninhabited islands, reefs, etc and to handle their differences in a constructive manner.

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Principles relevant to the SCS Issue



1. Renunciation of aggression or the threat or use of force or other acts in any manner inconsistent with international law. 2. Reliance on peaceful settlement of international disputes. 3. Enhanced consultations on matters seriously affecting the interests of the ASEAN. 4. Upholding the UN charter and international law.
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“. . . A region of lasting peace, security and stability, sustained economic growth, shared prosperity and social progress.” Preamble, ASEAN Charter . . . A concert of Southeast Asian nations, outward looking, living in peace, stability and prosperity; and bonded together in partnership in dynamic development and in a community of caring societies. ASEAN Vision 2020
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Why a flashቤተ መጻሕፍቲ ባይዱoint?


4. Four of the six claimant countries (Philippines, Malaysia, Brunei and Vietnam) are ASEAN member countries; one affected non-claimant country is also an ASEAN member - Indonesia. The Philippines has brought to the International Tribunal on the Law of the Sea (ITLOS) its complaints against the aggressive behavior of China 5. The dominating claimant country is China - - a potential global power and an acknowledged regional power with a modernizing military force; perceived to be resorting to all means to defend its publicly stated position that “its sovereignty in the Spratly is non-negotiable.”
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Why a flashpoint?
◦ 1. Strategic value of the SCS: vital sealane and trade route; with abundant marine resources, oil and natural gas. ◦ 2. US pronouncement that “it will maintain its presence in the South China sea” and that the peaceful resolution of the SCS issue is in its national interests. US position on the SCS is regarded by China as an act of provocation. ◦ 3. Difficulty in resolving the conflicting positions of the claimant countries in resolving the SCS issue: bilateral negotiation as favored by China versus multilateral negotiation as favored by claimants belonging to the ASEAN. The US is supporting the position taken by the ASEAN.
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The 1992 ASEAN Declaration on the SCS
1. Emphasized the necessity to resolve all sovereignty and jurisdictional issues by peaceful means, without resort to force. 2. Urged all parties to exercise restraint with the view to creating a positive climate for the eventual resolution of all disputes. 3. Asked all parties to explore the possibility of cooperation in the SCS relating to the safety of maritime navigation and communication, protection against pollution of maritime environment, coordination of search and rescue operations, efforts towards combating piracy and armed robbery as well as collaboration in the campaign against illicit trafficking in drugs. 4. Urged all parties to apply the principles contained in the ASEAN Treaty of Amity and Cooperation in Southeast Asia as the basis for establishing a code of international conduct over the SCS.