09/05/2020
- Nations may need help from China during virus outbreaks but remain wary of Beijing as adversary in disputed waters
- Analysts say code of conduct negotiations are too sensitive and important for virtual meetings and may be delayed until coronavirus crisis is resolved
On April 18, the US Navy Ticonderoga-class guided missile cruiser USS Bunker Hill (front) and Arleigh-Burke class guided-missile destroyer USS Barry transit the South China Sea. The presence of both Chinese and American navy ships in the area in recent weeks worries Southeast Asian nations. Photo: US Navy
Negotiations between China and its Southeast Asian neighbours for a
South China Sea
code of conduct have been postponed as the nations involved put their efforts into containing
the Covid-19 pandemic, creating uncertainty about whether the two sides can work together amid rising tensions in the contested territory.
Southeast Asian nations are increasingly caught in a dilemma whether to maintain relations with Beijing during the pandemic while also fearing that tensions over the disputed waters are spiralling out of control. Both Chinese and United States navies are sending vessels to the area more frequently.
Indonesian Foreign Minister Retno Marsudi expressed concern over recent activities in the South China Sea, noting that they might potentially escalate tensions at a time when global collective effort to fight Covid-19 was essential.
Speaking on Wednesday, she called on all parties to respect international law, particularly the United Nations Convention on the Law of the Sea.
“While negotiation of the code of conduct is being postponed due to Covid-19, Indonesia calls on all relevant parties to exercise self-restraint and to refrain from undertaking action that may erode mutual trust and potentially escalate tension in the region,” she said.
Indonesia’s Foreign Minister Retno Marsudi. Photo: AP
Calls for a binding code of conduct surfaced in 1995 when China occupied Mischief Reef
, a maritime feature claimed by the Philippines. China did not agree to start talks until 1999, and subsequent negotiations led to a non-binding Declaration on Conduct in 2002.
The
Association of Southeast Asian Nations (Asean) and China agreed in 2018 on a draft code laying the foundations for conduct in the disputed waters. At that time, Chinese Premier Li Keqiang said China hoped to complete the negotiation by the end of 2021, a move he said could show China and Asean could jointly maintain regional peace.
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But tensions over the South China Sea have not calmed and, in fact, have surged in recent months with both Beijing and Washington seen to be using the Covid-19 pandemic to create a stronger presence there.
This year, the US has conducted four freedom of navigation operations in the South China Sea and China has scrambled air and sea patrols to expel US vessels.
The confrontation between Beijing and Southeast Asian nations has also intensified. Last month,
a Vietnamese fishing boat sank after a collision with a Chinese coastguard vessel near the Paracel Islands, known in China as the Xisha Islands, and in Vietnam as the Hoang Sa Islands.
On Saturday, the 35th escort fleet of the Chinese navy also
conducted drills in the Spratly Islands chain – known as Nansha Islands in China – after completing an operation in the Gulf of Aden, off Somalia. Analysts said the drill aimed to boost far-sea training for combat ships and boost protection against piracy for Chinese merchant ships.
Collin Koh, a research fellow at the S. Rajaratnam School of International Studies, based at Nanyang Technological University in Singapore, said the code of conduct talks had been delayed because of the pandemic, but Beijing was consolidating its position in the South China Sea amid the outbreak.
“So it’s doing what it can now to consolidate and further enhance its position before talks restart, and by then these moves will raise Beijing’s leverage in the negotiations with its Asean counterparts,” he said.
“The current situation gives it a window of opportunity amid this interlude on the talks, to further advance its physical hold in the South China Sea, especially while Asean parties have their hands full on the pandemic”.

Asean nations have turned their attention to coping with coronavirus outbreaks in their own countries. On April 14, a live video conference for the special Asean Plus Three Summit on the coronavirus pandemic was held in Hanoi. Photo: AFP
Kang Lin, a researcher with Hainan University, said progress for the code of conduct would still go ahead, but it might be affected as face-to-face meetings between officials were disrupted.
“The negotiations involves multiple departments, such as diplomacy, maritime affairs, fisheries and even oil and gas-related departments,” he said, adding that those discussions might go online and might not be as effective.
“It is not easy to predict to what extent it will affect next year's goals. If the pandemic cannot be eliminated in the first half of next year, it may be longer than the three-year period we had previously scheduled,” he said.
Richard Heydarian, an academic and former Philippine government adviser, said video-conference meetings would be inadequate for negotiations about the future of the South China Sea.
“The problem with the negotiation of the code is that these are very sensitive, difficult negotiations. I don't think you can really do it just online, these are things that are done in the corridors of power,” he said. “It’s close to impossible to have that right now with the suspension of all international meetings in the Asean.”
Heydarian said Southeast Asian nations hoped to get help from China to contain the pandemic, but were showing unease about Beijing.
“I think there is a lot of resentment building against China,” he said. “There is also a lot of desperation to get assistance from China and, at the same time, complete helplessness with the fact that it is very hard to conduct any important extended international meeting on the level of Asean and beyond under current circumstances.”
Chinese Foreign Ministry spokesman Hua Chunying said on Thursday that China would push forward negotiations on the code of conduct, and hoped the code would be useful for peace and stability over the South China Sea.
Source: SCMP
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28/08/2019
- It follows Beijing’s decision earlier this month to turn down an application for two US Navy ships to visit Hong Kong
- The countries have traded barbs about the handling of anti-government protests in the city
The US has had port visits denied by Chinese authorities twice this month. Photo: Alamy
A US Navy warship was denied a port visit to the eastern Chinese city of Qingdao on Sunday, the US Indo-Pacific Command said on Wednesday.
The request denial comes at a time of heightened tensions between China and the United States, with the countries engaged in a prolonged trade dispute and a war of words over anti-government protests in Hong Kong.
“The PRC [People’s Republic of China] denied the US Navy’s request to visit the Qingdao Port,” Commander Reann Mommsen, public affairs officer for the US Seventh Fleet, said in a statement on Wednesday.
Mommsen declined to name the warship denied entry or when the request was refused, referring questions about the reasons to Beijing.
The blocked visit was first reported by Reuters, which cited an anonymous US defence official as saying that China had denied the request for the destroyer before the intended visit on Sunday.
It is the second time in a month that China has prevented US Navy vessels making a port call.
On August 13, the United States Pacific Fleet said China had denied requests for two US Navy ships to
visit Hong Kong.
The USS Green Bay, an amphibious dock landing ship, had been due to make a port call in Hong Kong on August 17, and the guided missile cruiser USS Lake Erie was scheduled to visit next month, according to Nate Christensen, deputy spokesman for the Pacific Fleet.
A source close to the Chinese navy confirmed the Qingdao rejection, saying it was “normal practice” based on the current China-US relationship.
“Hasn’t the [US’] application to visit Hong Kong just been rejected?” the source asked.
Hong Kong has seen 12 weeks of anti-government protests, triggered by a now-shelved
that would have allowed criminal suspects to be transferred to mainland China.
Zhou Chenming, a Beijing-based military expert, said the refusal was a natural result of the worsening bilateral ties between China and the US.
“Many bilateral exchanges are bound to deteriorate when countries’ ties worsen, such as during the China-US trade war. And now coupled with the Hong Kong unrest, many exchanges [between China and the US] have been downgraded,” Zhou said.
Liu Weidong, from the Chinese Academy of Social Sciences, echoed Zhou’s view and said a visit from the US warship would be meaningless at present.
“Now the US is very provocative … so China doesn’t want to welcome its warship,” Liu said.
Doubt has been cast on whether trade talks between the two countries are set to resume, with Beijing’s foreign ministry contradicting US President Donald Trump’s claim that China had sought a return to the negotiating table.
The countries had been due to speak on Tuesday, according to a previous statement from China’s Ministry of Commerce after their last telephone call on August 13. But there has been no announcement so far from either side on whether such a conversation took place.
Last week, China said it would levy retaliatory tariffs of 5 to 10 per cent on US$75 billion worth of US goods. The Trump administration responded by announcing a tariff increase from 25 to 30 per cent on US$250 billion of Chinese goods, and from 10 to 15 per cent on US$300 billion worth of Chinese products.
The US also designated Beijing as a currency manipulator, raising fears of an economic cold war between the two countries.
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