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What is This?
LISELOTTE ODGAARD*
University of Aarhus, Denmark
Introduction
T
HE PRESENT ARTICLE ARGUES that the Southeast Asian states are
in agreement that Great Power engagement, dialogue and a code of
conduct are required in order to contain the violent conflicts that may
erupt from the numerous maritime boundary and sovereignty disputes in
the South China Sea. This assessment is contradictory to the prominent argu-
ment that disagreement prevails on how to manage potential conflicts in the
area, preventing the member-states of the Association of Southeast Asian
Nations (ASEAN) from effectively dealing with the security concerns arising
from Chinas involvement in some of these disputes. The Spratlys and the
Paracels are among the offshore features contested by one or several
Southeast Asian states as well as by China and Taiwan. The involvement of
China in such disputes has drawn attention to the potential eruption of
violent conflict. Despite the decade-long efforts of ASEAN to forge political
the variety of positions on the South China Sea. Hence the prevalence of
internal disagreement on the desirable level of US and Chinese regional
engagement, the purpose of the South China Sea dialogue and the scope of a
regional code of conduct.
By contrast, when examined in terms of issues of coexistence, internal unity
prevails within ASEAN. Issues of coexistence concern the political framework
necessary for maintaining regional peace and stability. During the Cold War,
ASEANs raison dtre was internal and external coexistence through the
non-use of force, the mobilization of diplomatic solidarity in the face of exter-
nal threats and non-interference in the internal affairs of member-states
(Leifer, 1989). After the Cold War, the ASEAN states debated whether the
association should compromise on the principle of non-interference in order
to transform ASEAN into a security community based on common values and
interests. For example, during consideration of the membership applications
of Myanmar and Cambodia, calls were made principally by Thailand and
the Philippines for the adoption of political criteria for admission. However,
ASEAN decided to admit Myanmar and Cambodia on the basis of the old
criteria, agreeing that political change was best promoted through inclusion.
ASEAN unity on issues of coexistence also shows in policies on the South
China Sea. At this level, the principal question is whether Great Power
engagement, dialogue and behavioural rules should form part of an order
between Southeast Asia and China. All ASEAN member-states answer this
question positively. From the perspective of coexistence, the Sino-Southeast
Asian disputes are not threats to ASEANs survival. Instead, they provide
opportunities to confirm that the ASEAN states remain committed to a politi-
cal framework that allows them to promote diverse interests and values, as
long as the common interest in regional peace and stability is not jeopardized.
The present article first addresses the issues of cooperation concerning the
South China Sea, arguing that disagreement flourishes in ASEAN at this
level of political integration. It then discusses the issues of coexistence con-
cerning the South China Sea, arguing that consensus exists that Southeast
Asia is to promote explicit confirmation from China that peaceful coexistence
will accompany its presence in the South China Sea. The article concludes by
discussing the implications of ASEANs South China Sea policy for regional
integration between Southeast Asia and China.
The South China Sea disputes are conflicts of jurisdiction over territory and
maritime space. As such, they are not formally an ASEAN issue, but only
involve the claimant states. However, the disputes are set within a political
framework largely defined by ASEAN principles of regional security and
member-states foreign policies. Furthermore, the disputes affect the security
of all Southeast Asian states, because Chinas presence in the South China
Sea makes it a Southeast Asian power outside the ASEAN security frame-
work. Consequently, common ASEAN positions and the foreign policies of
singular states on the South China Sea have a bearing on the ability of
ASEAN to maintain unity on this issue.
Issues of cooperation give rise to divergent foreign policy positions in
ASEAN, to the detriment of ASEAN unity. First, the ASEAN member-states
disagree on the level of US and Chinese involvement that is desirable for
maintaining a regional balance of power. Second, their opinions differ on
whether the South China Sea dialogue should result in tangible cooperation.
Third, the Southeast Asian states quarrel over the scope of a code of conduct.
These differences produce five discordant ASEAN positions.
The first of these positions is that of the claimant state Malaysia and may be
described as a status quo position. In public, Malaysia has been an outspoken
critic of US interference in Southeast Asian political and economic affairs. For
example, Malaysian Prime Minister Mahathir Mohamad characterized US
opposition to ASEANs admission of Myanmar on grounds of human rights
as an attempt at foreign coercion of ASEAN (FBIS Daily Report, 1997). More-
over, Mahathir rebuffed mounting domestic criticism fuelled by the eco-
nomic crisis of the late 1990s by attacking US trade and monetary policies. At
the same time, Malaysia approves of a US military presence as the only effec-
tive means of preventing violent conflict. Malaysias participation in 1992
in ASEANs call for continued US presence and its low-key military co-
operation with the USA throughout the 1990s confirm that Malaysia sees US
military involvement in Southeast Asia as necessary for maintaining
stability. The war on terrorism has further strengthened USMalaysian rela-
tions, as witnessed by US support for a Malaysian law allowing for the
imprisonment of people without trial and the official visit of Mahathir to the
White House in May 2002. However, Malaysia does not condone the US
tendency to apply Cold War threat perceptions to China. Mahathir is
attempting to cultivate a rapprochement with China in order to extract politi-
cal and economic gains, such as the official visit to Malaysia in 1999 by
Chinese President Jiang Zemin to enlist the votes of ethnic Chinese for
Mahathirs United Malays National Organization.2
Malaysia has been very active in the Sino-Southeast Asian informal dia-
logue on the South China Sea that began in 1990 and has included China
since 1991. Malaysia has criticized attempts at pressurizing China into co-
operation, arguing that nothing will be gained from trying to force China to
2
Interview with Zainal Abidin Sulong, Kuala Lumpur, Malaysia, 26 February 1998.
concede, other than superficial compliance that is unlikely to last in the long
run (Chanda, 1994). Moreover, Malaysia has at times supported Chinese
attempts at constraining this dialogue. For example, Malaysia has supported
the Chinese demand not to internationalize the dialogue, claiming that issues
can be resolved without involving powers or forums external to the region,
provided that the freedom of the high seas is not jeopardized (Associated
Press, 1999). In the negotiations on a code of conduct, Malaysia has tried to
position itself as the voice of reason. Thus, Malaysia pointed out that a code
of conduct involving China could only be a guideline, not a treaty under
international law that the states would be obliged to observe (Mitton, 1999;
South China Morning Post, 1999). Bilateral negotiations between China and
Malaysia have fuelled speculations that Malaysia is seeking a modus vivendi
with China, sidestepping ASEAN initiatives to establish a multilateral agree-
ment.
Second, Indonesia is a non-claimant that harbours second thoughts on
Chinese regional engagement. Indonesia is traditionally suspicious of any
Great Power overtures for collaboration that may come at the cost of indige-
nous regional governance. Indonesian suspicions of China prevail and have
been fuelled by Chinas enigmatic claim to a gas-rich zone near Natuna
Island, which Indonesia occupies. Indonesia is not intimidated by China, and
it has refused bilateral negotiations on the issue on the grounds that no Sino-
Indonesian maritime boundary dispute exists. Moreover, large-scale Indo-
nesian exercises in 1996 near Natuna Island were a provocative signal that
Indonesia would not accept Chinese occupations in the area (Jayanth, 1996).
Indonesia places an increasingly high premium on US military presence,
although President Megawati is cautious about endorsing the US war on
terrorism owing to a desire to appease a potential Islamic challenge to her
rule. The 1997 financial crisis and religious, ethnic and political unrest have
forced Indonesia to direct its resources towards internal security problems,
and it is no longer capable of de facto leadership within ASEAN. In addition,
Indonesia is concerned about Chinas advance into the South China Sea. For
these reasons, the US military presence is considered a necessary evil.
Since 1990, Canadian funding and Indonesian neutrality in the South China
Sea disputes have enabled Indonesia to host the annual coordination meet-
ings of the Workshops on Managing Potential Conflicts in the South China
Sea, the brainchild of Hasjim Djalal of the Indonesian Foreign Ministry and
Ian Townsend-Gault of the University of British Columbia (Djalal, 1990). The
aim here was to prevent violent conflict by promoting cooperation between
Southeast Asia and China on a wide range of issues through confidence-
building. The workshop process is informal, and participants attend the
meetings in their private capacities (Djalal & Townsend-Gault, 1999: 117
118). The initiation in 1999 of formal negotiations between China and
ASEAN on a code of conduct was welcome progress at a time when the
South China Sea remains a contentious issue. Neither Vietnam nor the
Philippines are keen to negotiate further bilateral settlements with China in
areas of multilateral dispute since they are not confident that China will take
into account their interests. Vietnam turned down Chinas 1992 proposal to
shelve the sovereignty issue and jointly explore disputed maritime areas,
emphasizing that under no circumstances does it endorse Chinas granting
of licences to companies for areas of the continental shelf considered to be
under Vietnamese jurisdiction. Similarly, the Philippines refused the
Chinese offer of joint use of its facilities on Mischief Reef, stating that it
would settle for nothing less than Chinas return of the feature (FBIS Daily
Report, 1998). To demonstrate that they are not inclined to submit to Chinese
divide-and-rule tactics, Vietnam and the Philippines have agreed on a sepa-
rate code of conduct.
Vietnam and the Philippines have been active participants in the formal
Sino-ASEAN negotiations on a code of conduct for the South China Sea. The
two states have bilateral codes of conduct with China that have set the stage
for subsequent negotiations between ASEAN and China. In 1999, Vietnam
and the Philippines prepared the initial draft code, demanding that it replace
those agreed bilaterally. The downside to the vociferousness of Vietnamese
and Philippine participation in the negotiations is that they also create
roadblocks to reaching agreement. For example, the Philippines initially
demanded that the Spratly dispute be resolved by the International Tribunal
for the Law of the Sea or the International Court of Justice, although the other
claimants are not inclined to accept this method. Vietnam has demanded that
a code of conduct encompass the Paracels, although China flatly refuses their
inclusion in multilateral negotiations.
Fourth, Singapore and Thailand, not involved in maritime disputes with
China, enjoy cautious, but friendly, relations with the regional power. Sino-
Singaporean relations are strengthened by close cultural and economic links
and compatible views on issues such as press freedom, democracy and
human rights. Chinas proximity to Thailand, mutual economic interests and
common security concerns about Vietnams occupation of Cambodia in 1978
have strengthened Sino-Thai relations since the establishment of diplomatic
relations in 1975. Singapores and Thailands relations with China prompted
them to downplay the seriousness of Chinas occupation of Mischief Reef,
but the two countries also called for more transparency in Chinese defence
policy on this occasion. Thailand and Singapore advocate the view that
cordial, cooperative ties with China are best reached with continued US
military presence in the region. Singapore is the most vocal supporter of pre-
serving US regional engagement. The permanent stationing of Commander,
US Logistics West Pacific in Singapore makes it the only Southeast Asian
country to permanently host an administrative unit of the US armed forces.
Singapore has built and financed the new Changi naval base to facilitate
deployment of the US Seventh Fleet in Southeast Asia and has called for
stronger ties between ASEAN and Japan to counter Chinese influence (Zi
Hua, 2000). However, Singapore does not avoid criticizing the USA. During
the 2001 Hainan incident, when a US reconnaissance aircraft and a Chinese
fighter collided over the South China Sea, Singapore called for a cautious
approach to China. Nevertheless, Singaporean support for the fundamentals
of US Asia-Pacific policy confirms that Singapore is the most reliable advo-
cate of continued US military presence in Southeast Asia.
Despite the USThai military alliance, Thailand maintains a cautious atti-
tude to the USA because of recurring trade and economic disputes between
the two countries and because Thailands proximity to China encourages it
to avoid entanglement in Sino-US strategic competition. Hence, Thailand
withstood US pressures in the mid-1990s for the stationing of supply ships in
the Gulf of Thailand so as not to provoke China. However, Thailand is also
concerned to keep China at arms length. For example, in 1996 Thailand
came to the relief of Chinese flood victims by discreetly donating part of the
US$3 billion in military assistance given by China to Thailand in 1995.
Singapore and Thailand are not involved in maritime boundary and sover-
eignty disputes with China, but its presence in the maritime centre of
Southeast Asia has an impact on their security. They support the South
China Sea dialogue because they both advocate enhanced Sino-Southeast
Asian multilateral cooperation to secure regional peace and stability.
Thailand and Singapore are also in favour of a code of conduct, arguing that
explicit multilateral rules of behaviour are necessary to prevent the use of
force (South China Morning Post, 1999; Bangkok Post, 2001).
Fifth, Myanmar, Laos, Cambodia and Brunei have a subdued foreign policy
profile that also characterizes their South China Sea policies. Having no dis-
putes with China in the South China Sea, Myanmar, Laos and Cambodia
mainly have indirect interests in keeping peace in the area. Consequently,
they tend to follow the official ASEAN policy line and rarely voice an inde-
pendent opinion on the matter. The USA maintains sanctions against
Myanmar on grounds of political oppression. Not surprisingly, Myanmar is
opposed to US interference in regional affairs and gravitates towards China.
China is helping Myanmar modernize its naval base at Hainggyi, and the
two states have established close strategic and intelligence cooperation. The
poverty-stricken countries Laos and Cambodia gravitate towards Vietnam,
but Chinas influence is rising. Brunei is involved only in maritime boundary
disputes in the South China Sea and occupies no territory. Brunei enjoys
special relations with Singapore, but relies on amicable relations with major
powers such as China, the USA and Indonesia to avoid foreign dominance.
It has faint, but friendly, relations with China, which it takes care not to pro-
voke. For example, contrary to the other ASEAN members, Brunei and
Thailand refrained from expressing concern about the situation in the South
Looking beyond the rhetoric, most Southeast Asian states consider con-
tinued US military balancing of China a necessity, as Southeast Asian mili-
tary capabilities are no match for those of China and a common ASEAN
defence identity is absent (Odgaard, 2002: 108157). ASEAN has not explic-
itly defined China as a potential threat. However, in 1992 ASEAN recom-
mended that the USA maintain its forces in the region since Chinese
advances into the South China Sea had implied that Southeast Asia was not
immune to the consequences of the strategic choices of China and the USA
(Tasker, 1992). By the early 1990s, China was gaining a foothold in the back-
yard of Southeast Asia, threatening to fill the regional security vacuum that
might emerge in the event of a reduced US military presence.
By the late 1990s, most Southeast Asian states had established some form
of military cooperation with the USA, ranging from defence dialogues to
alliance agreements requiring mutual defence against aggression. Singapore,
Thailand and the Philippines constitute the core US partners in Southeast
Asia. Cooperation agreements involve large-scale exercises, frequent visits of
US troops and, in Singapores case, the permanent stationing of a small US
logistics unit. US military cooperation with Indonesia, Malaysia and Brunei
is more modest. This principally involves limited transit, refuelling and visit-
ing rights, and joint training. Malaysian and Indonesian support for con-
tinued US military presence is particularly noteworthy since, during the
Cold War, these countries tended to consider US regional engagement a
potentially destabilizing factor. Hence the endorsement by ASEAN core
members of US military balancing of China.
Of the new member-states Vietnam, Laos, Myanmar and Cambodia
only Vietnam has even considered establishing a nascent military relation-
ship with the USA. The three other states, constituting the periphery of
ASEAN in terms of military, economic and diplomatic capabilities and geo-
graphic location, are closer to China and remain suspicious of any form of US
interference in Southeast Asia. Their inclusion in ASEAN in the late 1990s
may nevertheless aid a Sino-Southeast Asian rapprochement. The presence
of states amenable to understanding and promoting Chinese concerns in the
South China Sea arguably reduces Chinas fears that its interests are ignored
in multilateral settings touching upon security issues.
ASEANs inclusion of Laos, Myanmar and Cambodia implies that South-
east Asia has invited Sino-US strategic competition into the region. This
development indicates Southeast Asian recognition that the region is not
able to opt out of such competition. The states differ on the appropriate posi-
tion of Southeast Asia within this framework. However, they agree on the
prevalence of strategic competition between the Great Powers and do not
expect this to preclude a Sino-Southeast Asian rapprochement.
The participation of all ASEAN members, except Myanmar, in the informal
dialogue on the South China Sea and the ASEAN states explicit endorse-
ment of the dialogue process in the 1992 ASEAN declaration on the South
China Sea indicate that they are in agreement that such dialogue is a feasible
way of establishing coexistence with China in the absence of formal dispute
resolution mechanisms. The Southeast Asian contribution to a stable balance
between the USA and China can only be minor. However, within this frame-
work they can promote a practice of consultation, sustaining peace and sta-
bility in the South China Sea. This requires that the states try to avoid and
control crises in their relations by respecting each others spheres of influ-
ence.
ASEAN has demonstrated some unity in meeting this requirement. First,
ASEANs members agree that China and Southeast Asia must refrain from
intervening unilaterally in each others spheres of influence. For example,
with a thinly veiled reference to China, the 1995 ASEAN foreign ministers
statement on the South China Sea called for all parties to refrain from taking
actions destabilizing the region and for an early resolution of the problems
caused by the developments in Mischief Reef (ASEAN, 1995). ASEAN left
China in no doubt that it considered the Chinese occupation of Mischief Reef
in the maritime centre of Southeast Asia to be an unacceptable encroachment
of the tacit border between Southeast Asian and Chinese spheres of influ-
ence, to the detriment of regional peace and stability.
Second, ASEAN has suggested preventive measures against armed con-
frontation. ASEAN remained silent when Vietnam and China engaged in
naval battles in the South China Sea in 1974 and 1988. However, Vietnam
did not join ASEAN until 1992, when it was granted observer status, and it
became a full member only in 1995. Furthermore, during the Cold War
Vietnam created threats to regional peace and stability that ASEAN was con-
cerned to keep at arms length. By contrast, in 1992 a unified ASEAN call was
issued for multilateral agreement that claimants in the South China Sea
refrain from the use of force, a principle previously endorsed by the Chinese
participants at the Second Workshop on Managing Potential Conflicts in the
South China Sea (ASEAN, 1992; Second Workshop on Managing Potential
Conflicts in the South China Sea, 1991). When the 1995 Mischief Reef incident
threatened to produce armed confrontation between China and the Philip-
pines, the ASEAN member-states unanimously called for the resolution of
differences by peaceful means. Southeast Asian participants in the informal
dialogue have suggested preventive measures, such as low-level consulta-
tions between the armed forces deployed in the South China Sea.
ASEAN is similarly united in supporting the establishment of a code of
conduct. The specific contents of such a code envisaged by individual
member-states vary. For example, ASEAN refrains from suggesting prohibi-
tive measures against construction work on occupied features owing to
Malaysian resistance. Similarly, ASEAN does not recommend models of
settlement owing to internal disagreement on this issue. For example, the
Conclusion
The Southeast Asian states acknowledge that the USA and China are strate-
gic competitors and that Southeast Asia is not able to opt out of this com-
petition. They furthermore agree that a Sino-Southeast Asian practice of
consultation and a code of conduct will contribute to regional peace and
stability by ensuring that pending disputes between the states will be settled
by peaceful means between the indigenous powers and remain separate
from the outer structure of Great Power competition. Consequently, ASEAN
is united in the fundamental principles of sustaining peaceful coexistence
with China.
The principal pitfall of the Southeast Asian position on the South China
Sea is that Chinese participation in the Sino-Southeast Asian dialogue may
merely be a policy of appeasement, not underpinned by genuine intentions of
compromise. By adopting a flexible approach, Southeast Asia risks leaving
room for China to consolidate its position in the South China Sea without
regard for Southeast Asian interests. Because Southeast Asia cannot provide
a credible deterrent to China, continued US military presence is a precondi-
tion for ASEANs daring to travel down this road. The principal advantage of
the ASEAN approach is that by combining quasi-institutionalized proce-
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