
There is a strong legal argument in favour of the legitimate appeal for diplomacy in the above, well-balanced editorial.
Indeed, in accordance with Article 13 of the Treaty of Amity and Cooperation in Southeast Asia (1976), all parties to this multilateral legal instrument, including the 10 Asean members and China, specifically assumed the obligation that “In case disputes on matters directly affecting them should arise, especially disputes likely to disturb regional peace and harmony, they shall refrain from the threat or use of force and shall at all times settle such disputes among themselves through friendly negotiations.”
This collective commitment has to be interpreted in the light of the United Nations doctrine on the pacific settlement of disputes which recommends that states should use their best endeavours to continue to work towards a mutually acceptable and just solution in the event of an impasse in negotiations.
Ioan Voicu