Marcos optimistic on binding SCS code of conduct

SINGAPORE – While admitting that talks on a code of conduct for the South China Sea can be “frustrating,” President Marcos remains upbeat that a set of binding rules would be completed to ease tensions and ensure free navigation in the vital sea lane.

Marcos, chairman this year of the Association of Southeast Asian Nations (ASEAN), said “good progress” is being made, as the regional bloc and China aim to conclude negotiations this year.

“All the member states of ASEAN are in agreement that this is absolutely necessary to avoid all of these difficulties, all of these incidents... I’m sure you’ve seen in the news. And as a larger goal, to maintain the West Philippine Sea, the freedom of navigation there, because after all, it is very important not only to the countries around the West Philippine Sea but to all of global commerce,” the President said during the 24th Forbes Global CEO Conference yesterday here.

“We must maintain the peace. We must maintain the freedom of navigation not only for ourselves but also for the rest of the world. And so the code of conduct takes on that very, very particular importance, and that is why we are very still – continue to be optimistic,” he added.

ASEAN members and China signed a non legally binding Declaration on the Conduct of Parties in the South China Sea in 2002 to prevent untoward incidents at sea. More than 24 years have passed and yet no legally binding rules have been completed. The 2002 declaration did not prevent tense encounters triggered by China’s aggressive acts in the South China Sea, including the shadowing and ramming of Philippine ships and the use of water cannons.

In 2016, an arbitral court based in The Hague voided China’s maritime claim that covers practically the entire South China Sea, and affirmed the Philippines’ sovereign rights over its 200-nautical mile exclusive economic zone. China has refused to recognize the landmark ruling, downplaying it as a “mere piece of paper.”

“The discussions have been going on for a while, and sometimes it’s a bit frustrating that just the definitions of ordinary words are becoming bones of contention. But we are determined to come to an agreement and to hopefully de-escalate the situation,” the Chief Executive said.

“I don’t know if we will – if we can find a resolution to the problem. But we are resigned to just being able to manage the problem so that we do not have mistakes, we don’t have misinterpretations. And that’s why the code of conduct is very, very important. And we’re working very, very hard.”

At the same forum, Marcos explained why the Philippines decided to use the name “West Philippine Sea” to refer to the part of the South China Sea that is within the Philippines’ 200-nautical mile exclusive economic zone and continental shelf.

“By all rules-based understandings and agreements, by international law, especially the UNCLOS, it is very, very clear that these areas are part of Philippine sovereign territory and also part of our economic zone. And therefore, it is imperative on us,” Marcos said.

Steve Forbes, chairman and editor-in-chief of Forbes Media, then told Marcos in jest that if he runs into US President Donald Trump, he would suggest changing the name of South China Sea to West Philippine Sea.