Thursday, September 26, 2013

South China Sea: Southeast Asia Maritime Treaty

Background Brief
South China Sea: Southeast Asia
Maritime Treaty
Carlyle A. Thayer
September 20, 2013
[client name deleted]
We note that you are in Phnom Penh for the Conference on ASEAN and the South
Chins Sea. With respect to your conference paper, we would like to request the
following clarifications:
Q1. What feedback did you receive from the other participants on your proposal for
a Southeast Asian Maritime Treaty?
ANSWER: The conference was held under Chatham House rules. In the final session it
was obliquely mentioned that my proposal was too general and unattainable. The
focus should be on Vietnam's proposal for the no first use of force.
Q2. Any feedback from other regional researchers?
ANSWER: This was a Track 2 conference comprising academics from regional think
tanks and government officials speaking in their private capacity. The participants
were drawn from most regional states including China. There were participants from
Laos and Myanmar. Participants appeared more relaxed and open in their comments
compared to other conferences on the South China Sea held this year.
Q3. What were the reactions from the Southeast Asians who were present?
ANSWER: Non-committal.
Q4. Concretely, what benefits can Vietnam expect if your proposal for a Southeast
Asia Martime Treaty became a reality?
ANSWER: The Treaty would make all ASEAN states stakeholders in maritime security.
There would be more insulation for Vietnam from a unified ASEAN position. But
Vietnam would have to bring its baselines in the southeast ('the pregnant lady') into
line with international law, clarify its claims, including making a distinction between
rocks, low tide elevations and islands.
Q5. How long does it take to conclude a "sensitive" treaty like the one you
proposed?
ANSWER: This is a ten year project at the least. But it could be the focal point for
building an ASEAN Political-Security Community.
Q6. What are the difficulties ahead?
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ANSWER: There are certain maritime disputes that are of long-standing and some Southeast Asian attendees feel they should stay that way. Moving towards a treaty would open old wounds.
Q7. What is "Vietnam's proposal for the no first use of force"?
ANSWER: Vietnam has presented a proposal for ASEAN and China to agree that none of them will be the first to use force in South China Sea disputes. This would be a pledge by all parties that when an incident occurs they will exercise restraint and not resort to force. This would be an important confidence building measure.
Q8. What do you mean by saying that "Vietnam would have to bring its baselines in the southeast ('the pregnant lady') into line with international law"?
ANSWER: If you look at a map showing Vietnam's Exclusive Economic Zone (EEZ) there is a noticeable bulge or extension of its southeast coast to take in Tu Chinh (or Wen Anbei in Chinese). This is an excessive claim. Vietnam's Exclusive Economic Zone should be drawn from straight base lines from its coast.
The bulge is referred to colloquially in Vietnamese as "the pregnant lady". When Vietnam's draft Law of the Sea went to the Politburo maritime specialists recommended bringing Vietnam's claimed EEZ into accord with international law. This was rejected on the grounds that Vietnam would have to negotiate with China sometime in future and that its excessive EEZ claim was the starting point for negotiations.
Suggested citation: Carlyle A. Thayer, South China Sea: Southeast Asia Maritime Treaty,” Thayer Consultancy Background Brief, September 20, 2013. All background briefs are posted on Scribd.com (search for Thayer). To remove yourself from the mailing list type UNSUBSCRIBE in the Subject heading and hit the Reply key.
Thayer Consultancy provides political analysis of current regional security issues and other research support to selected clients. Thayer Consultancy was officially registered as a small business in Australia in 2002.
Background Brief
South China Sea: China’s Peace
Ark and ‘the String of Pearls’
Carlyle A. Thayer
September 25, 2013
[client name deleted]
We are interested in the People’s Liberation Army Navy (PLAN) hospital ship – the
Peace Ark -that has docked in Sihanoukville Autonomous Port this week. Interesting
timing, and also an interesting route the ship has been on the past four months; its
almost a join-the-dots connecting the pearls of China's string.
The Chinese military attaché here has been quoted as stating that he has never
heard of the ‘string of pearls’ and that the Peace Ark’s visit was a friendship mission.
The Peace Ark stopped in Karachi, Mumbai, Thilawa Port, Chittagong and the rest.
We request your assessment of the following:
Q1. Why is the Chinese Navy undertaking such an operation?
ANSWER: China is taking a leaf out of the U.S. naval engagement play book. The US
hospital ship, USNS Mercy (T-AH-19), regularly calls in at regional ports to deliver
medical and dental assistance. The US ship is staffed with American doctors and
medical specialists from the region. These visits are for good will and demonstrate
humanitarian concern.
The Peace Ark performs similar engagement activities for the China. Both the USNS
Mercy and Peace Ark gain valuable experience in working in local condition,
experience that will be useful in future humanitarian assistance and disaster relief
missions. In return, local medical personnel receive valuable experience in working
alongside foreign counterparts.
Q2. What is your assessment of reports about China's interests in all these ports as
part of its "String of Pearls" or strategic bases?
ANSWER: The 'string of pearls' is not a term China uses. As China's economic power
has grown, so too has China's interest in secure sea lines of communication (SLOCs).
China needs to call in at ports for to provision and for crew morale. The ports that
China visits all belong to countries that have close economic relations with China.
Contrary to speculation by strategic analysis, China had not used the ports forming
the so-called 'string of pearls' as military bases or for military purposes. The Chinese
navy does, however, make good will port visits, a normal part of naval diplomacy.
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Q3. How strong a parallel can be drawn between the route of the "Peace Ark" and the "String of Pearls"?
ANSWER: The Peace Ark is visiting ports of friendly nations. This coincides with some of the ports comprising 'the string of pearls'. This is a normal component of naval diplomacy.
Q4. What can China gain from such a humanitarian mission? How does it reflect on the disputes in the East and South China seas?
ANSWER: China gains operational experience in foreign waters and ports, and knowledge of local medical conditions. China and the medical authorities in local ports each benefit from the exchange of knowledge and experience. Further, China gains in prestige and possibly increased influence in the countries visited.
The voyage of the Peace Ark does not have a direct impact on the disputes in the East and South China Sea. But the Peace Ark's port visits do assist China in portraying itself as having humanitarian concerns. This deflects, to a limited extent, from regional concerns about the growth of Chinese naval power – the so-called China threat.
Suggested citation: Carlyle A. Thayer, “South China Sea: China’s Peace Ark and ‘the String of Pearls’,” Thayer Consultancy Background Brief, September 25, 2013. All background briefs are posted on Scribd.com (search for Thayer). To remove yourself from the mailing list type UNSUBSCRIBE in the Subject heading and hit the Reply key.
Thayer Consultancy provides political analysis of current regional security issues and other research support to selected clients. Thayer Consultancy was officially registered as a small business in Australia in 2002.

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