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China and ASEAN members can work together on the blue economy, particularly in the South China Sea. However, escalating tensions between China and the Philippines could hinder progress. It is crucial for the Philippines and China, as well as other ASEAN countries, to de-escalate these tensions to ensure the successful implementation of the Regional Comprehensive Economic Partnership (RCEP) in the South China Sea.
The 1982 United Nations Convention on the Law of the Sea (UNLCOS) provides provisions for peaceful maritime disputes, promoting cooperation and preventing violent conflicts. However, pending a peaceful settlement, coastal states must make efforts to establish provisional arrangements to promote development cooperation without prejudice to national claims. UNCLOS also urges a conciliatory approach and avoids hostile actions to prevent unintended violent encounters at sea. When undertaking unilateral activities in disputed areas, states must engage in cooperation, consultation, and prior notification.
South China Sea
UNCLOS identifies three types of provisional arrangements in disputed areas that can facilitate the development of a blue economy in the South China Sea: Development Cooperation Arrangements, Provisional Boundary Agreement, and Mutual Restraint Arrangements. Development Cooperation Arrangements involve joint fishery management, hydrocarbon resource development, marine environmental research, and protection. These arrangements aim to transform the South China Sea from a sea of conflict to a sea of peace, friendship, and cooperation.
Provisional Boundary Agreements are an alternative to final maritime delimitation, aiming to promote pragmatic cooperation and fulfill UNCLOS’s mandate for cooperation. Mutual Restraint Arrangements require parties to exercise self-restraint in harmful unilateral activities that hinder cooperation and jeopardize reaching a final agreement. The principle of due regard requires states to respect the inherent rights and legitimate national positions of other states on maritime issues.
De-escalation of Philippines-China tensions in the South China Sea is crucial for achieving China-ASEAN blue economy cooperation under the RCEP framework. Closer and friendlier relations between the Philippines and China are essential building blocks for the China-ASEAN blue economy partnership.
