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Not easy to finalise South China Sea code of conduct, but talks can prevent tensions: PM Lee

SINGAPORE — Negotiations on a Code of Conduct in the South China Sea which started in March will not be easy, said Prime Minister Lee Hsien Loong, but he stressed it is important for the countries involved to engage in constructive talks to prevent tensions from escalating.

Prime Minister Lee Hsien Loong speaking at the 32nd Association of South-east Asian Nations Summit (Asean).

Prime Minister Lee Hsien Loong speaking at the 32nd Association of South-east Asian Nations Summit (Asean).

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SINGAPORE — Negotiations on a Code of Conduct in the South China Sea which started in March will not be easy, said Prime Minister Lee Hsien Loong, but he stressed it is important for the countries involved to engage in constructive talks to prevent tensions from escalating.

Speaking at a press conference on Saturday afternoon (April 28) after hosting the 32nd Association of South-east Asian Nations Summit (Asean), Mr Lee said that the negotiations are still in its early days, which he expects will "take some time".

He noted that while China and Asean have agreed that the code should be binding, there is no consensus yet on whether it should be legally binding.

"The key difficulty is that whether it's binding or legally binding, once you have a document like that, you have to define what exactly you are disagreeing about, which are the areas to which it applies and what is the conduct to which it applies," he said.

"And in the South China Sea, what is in disagreement is itself not in agreement. That's the nature of the dispute, because what is mine is indisputably mine. What is yours is being disputed. Let's discuss yours and vice versa."

To agree on what is being disagreed upon and define that as being within the framework of the code of conduct will itself be very difficult, he said.

So are questions over how disagreements or issues are going to be arbitrated, where and what is the authority to do so, and what jurisdiction do the parties subject themselves to, he noted.

"I think these are all very difficult issues. That will take a long time to even crystallise, never mind to agree upon," said Mr Lee.

"But it's better that we spend our time talking about the code of conduct constructively and trying to keep the temperature down than that we don't try and then just take unilateral measures which lead to escalation and unpredictable consequences."

China asserts sovereignty over almost all of the South China Sea, amid rival claims from several South-east Asian countries — including four Asean members: Malaysia, Brunei, Vietnam and the Philippines.

Beijing has also reclaimed islands in the disputed waters and built military installations on them which it said were for defensive purposes and would not affect the freedom of navigation or overflights allowed by international law.

The Chinese and Southeast Asian foreign ministers in August adopted a negotiating framework for a code of conduct in the South China Sea, a move they hailed as progress but seen by some critics as a tactic to buy China time to consolidate its maritime power.

Chinese Premier Li Keqiang said in November that China's agreement to begin talks with Asean on the code of conduct could help stabilise the region.

"China's greatest hope is for peace and stability in the South China Sea," Mr Li told Asean leaders in Manila.

Earlier, in his opening remarks during the press conference, Mr Lee had said that the Asean leaders "had a useful exchange of views" on the South China Sea issue and the situation in the strategic waters is "relatively calmer this past year".

There has also been progress made on the implementation of practical measures under the Declaration on the Conduct of Parties in the South China Sea which have helped build trust and prevent miscalculations on the ground, he said.

In the Asean Chairman statement issued on Saturday afternoon as the two-day summit drew to a close, the Asean leaders reaffirmed the importance of maintaining and promoting peace, security, stability, safety and freedom of navigation in and overflight above the South China Sea.

"We warmly welcomed the improving co-operation between Asean and China and were encouraged by the official commencement of the substantive negotiations towards the early conclusion of an effective Code of Conduct in the South China Sea (COC) on a mutually-agreed timeline," said the statement.

"We... took note of the concerns expressed by some leaders on the land reclamations and activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region," it added.

"We emphasised the importance of non-militarisation and self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the DOC that could further complicate the situation and escalate tensions in the South China Sea."

Asked by a reporter whether discussions on the language for the Chairman Statement were contentious, Mr Lee said that as Asean works by consensus, the statement commands the consensus of Asean countries.

"It's the same language which we have used before, so there's nothing very earthshaking about it," he added.

"But it is significant that the language stands, and has not been modified."

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