China, Asean should join hands for peace and stability of South China Sea

1 The origins of the South China Sea issue
China’s sovereignty and relevant rights in the South China Sea are established in the long course of history and upheld by successive Chinese governments, which has solid historical and legal basis. After World War II, China recovered the Nansha Islands from Japan and reaffirmed sovereignty and strengthened jurisdiction by compiling their official names, publishing maps, setting up administrative units and stationing troops. In the 1970s, some countries put forward territorial claims and illegally occupied some maritime features in the Nansha Islands. Afterwards, with the establishment and development of the new international maritime legal regime, disputes over the delimitation of maritime boundaries cropped up. That is the origins of the Nansha disputes.
Regarding territorial and maritime disputes with neighbouring countries, the Chinese side has exercised great restraint. China has always been adhering to the peaceful settlement of disputes .At the same time, since the 1980s, under China’s initiative and facilitation, friendly communication has been maintained among the claimants, various maritime dialogue mechanisms were set up and practical cooperation has been conducted in low-sensitive fields. All this has demonstrated the goodwill and sincerity of the Chinese side.
2 Negotiations and consultations are the fundamental approach, and joint development the realistic way to handle the issue
Starting from the 1950s, China has signed border treaties with 12 land neighbours with over 90 per cent borderlines delineated and demarcated. China also completed the delimitation of maritime boundary in the Beibu Gulf with Vietnam.
From the 1980s onwards, China actively called for joint development in the South China Sea, and conducted discussions with Vietnam, the Philippines and Brunei. Oil companies of China, the Philippines and Vietnam signed the tripartite agreement to facilitate joint development in the South China Sea. China and Vietnam completed the joint inspection of the waters outside the mouth of the Beibu Bay recently. It will create conditions for the joint development of the relevant waters and steadily push ahead maritime demarcation.
The Chinese side is willing to continue to discuss joint development with relevant countries in the future to share resources and pursue mutually beneficial cooperation. This will also help lay an economic foundation for the long-term stability of the South China Sea.
3 China is a practitioner and defender of international law
The Philippines unilaterally initiated arbitration proceedings against China in 2013. The essence of the case is territorial issues and disputes on maritime delimitation.
Territorial issues should not be subject to the UN Convention on the Law of the Sea (UNCLOS), and the declaration on optional exceptions China made in 2006 in accordance with Article 298 of UNCLOS excludes disputes concerning maritime delimitation, together with historic bays or titles as well as military and law enforcement activities from the dispute settlement procedures provided for in UNCLOS. In fact, Thailand and more than 30 other countries in the world have made such kind of declarations.
So, the Chinese government decided not to participate in the arbitration, which is in compliance with the relevant rules of the international law, nor will the “award” delivered by the Arbitral Tribunal be legally binding.
Together with other coastal countries, the Chinese side will firmly uphold the freedom of navigation and overflight in the South China Sea.
Meanwhile, in accordance with UNCLOS and other international laws, all countries should fully respect the sovereignty, sovereign rights and security of the coastal states when exercising their own rights of navigation and overflight.
China is not the first country to conduct construction activities on Nansha Islands. The practice of constructing defensive facilities is to protect Chinese-stationed staff. The accusation of “militarisation” is undeserved. The Chinese side opposes intensive close-in reconnaissance conducted by certain countries against China under the excuse of “freedom of navigation and overflight”.
4 Peace and stability of the South China Sea serves the common interests of China and Asean countries
Over the past years, both China and Asean countries benefited greatly from a peaceful and stable regional environment in achieving development and prosperity.
Instability in the South China Sea will affect the economic and security interests of each regional country. China and Asean are the most important strategic cooperation partners to each other and China-Asean relations should not and could not be undermined by the South China Sea issue.
Back in 2002, China and Asean signed the Declaration on the Conduct of Parties in the South China Sea (DOC).
DOC is the first political document on the South China Sea signed by China and Asean, and offers important guidance on handling the South China Sea issue.
Under the new situation, China and Asean countries should adhere to the dual-track approach initiated by Asean countries and supported by China (ie disputes be resolved through negotiations between the parties directly concerned and China and Asean work together to maintain peace and stability in the South China Sea).
We should fully and effectively implement DOC with deepening practical maritime cooperation, and work towards early conclusion of COC on the basis of consensus. This will go a long way to laying a firm foundation for the long-term stability of the South China Sea area and lasting prosperity for China and Asean.
As a founding member of Asean and an important regional player, Thailand is counted on to play an even more positive role in promoting proper handling of the South China Sea issue by China and Asean countries, and make more contributions to regional peace, stability and prosperity as well as a robust China-Asean relationship.

Ning Fukui is ambassador of the People’s Republic of China to Thailand.