ASEAN Declaration On Manila, Philippines, 22 July 1992

The

South

China

Sea

WE, the Foreign Ministers of the member countries of the Association of Southeast Asian Nations; RECALLING the historic, cultural and social ties that bind our peoples as states adjacent to the South China Sea; WISHING to promote the spirit of kinship, friendship and harmony among our peoples who share similar Asian traditions and heritage; DESIROUS of further promoting conditions essential to greater economic cooperation and growth; RECOGNIZING that we are bound by similar ideals of mutual respect, freedom, sovereignty and jurisdiction of the parties directly concerned; RECOGNIZING that South China Sea issues involve sensitive questions of sovereignty and jurisdiction of the parties directly concerned; CONSCIOUS that any adverse developments in the South China Sea directly affect peace and stability in the region. HEREBY 1. EMPHASIZE the necessity to resolve all sovereignty and jurisdictional issues pertaining to the South China Sea by peaceful means, without resort to force; -and to that end, resolve to resort to (either mediations, arbitrations) to settle their disputes, in a timely manner. 2. URGE all parties concerned to exercise restraint with the view to creating a positive climate for the eventual resolution of all disputes; -Shall not resort to the use of force or engage in action which could or does lead to a negative escalation of the situation or inconsistent with UN Charter and the ASEAN Charter -shall create a committee (ad hoc) to deal with this issue of lalala with the intention of 3. RESOLVE, without prejudicing the sovereignty and jurisdiction of countries having direct interests in the area, to explore the possibility of cooperation in the South China Sea relating to the safety of maritime navigation and communication, protection against pollution of the marine environment, coordination of search and rescue operations, efforts towards combatting piracy and armed robbery as well as collaboration in the

campaign against illicit trafficking in drugs; 4. COMMEND all parties concerned to apply the principles contained in the Treaty of Amity and Cooperation in Southeast Asia as the basis for establishing a code of international conduct over the South China Sea; 5. INVITE all parties concerned to subscribe to this Declaration of principles. -shall Signed in Manila, Philippines, this 22nd day of July, nineteen hundred and ninety-two. HRH Prince Mohamed Bolkiah MINISTER OF FOREIGN AFFAIRS BRUNEI DARUSSALAM Ali Alatas MINISTER FOR FOREIGN AFFAIRS REPUBLIC OF INDONESIA Datuk Abdullah Bin Haji Ahmad Badawi MINISTER OF FOREIGN AFFAIRS MALAYSIA Raul S. Manglapus SECRETARY OF FOREIGN AFFAIRS REPUBLIC OF THE PHILIPPINES Wong Kan Seng MINISTER FOR FOREIGN AFFAIRS REPUBLIC OF SINGAPORE Arsa Sarasin MINISTER OF FOREIGN AFFAIRS KINGDOM OF THAILAND

http://www.aseansec.org/1196.htm

DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA

The Governments of the Member States of ASEAN and the Government of the People's Republic of China, REAFFIRMING their determination to consolidate and develop the friendship and cooperation existing between their people and governments with the view to promoting a 21st century-oriented partnership of good neighbourliness and mutual trust; COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region; COMMITTED to enhancing the principles and objectives of the 1997 Joint Statement of the Meeting of the Heads of State/Government of the Member States of ASEAN and President of the People's Republic of China; DESIRING to enhance favourable conditions for a peaceful and durable solution of differences and disputes among countries concerned; HEREBY DECLARE the following: 1. The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations; 2. The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect; 3. The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea; 4. The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea; 5. The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner. Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence between and among them, including: a. holding dialogues and exchange of views as appropriate between their defense and military officials; b. ensuring just and humane treatment of all persons who are either in danger or in distress;

c. notifying, on a voluntary basis, other Parties concerned of any impending joint/combined military exercise; and d. exchanging, on a voluntary basis, relevant information. 6. Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore or undertake cooperative activities. These may include the following: a. marine environmental protection; b. marine scientific research; c. safety of navigation and communication at sea; d. search and rescue operation; and e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms. The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be agreed upon by the Parties concerned prior to their actual implementation. 7. The Parties concerned stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them, including regular consultations on the observance of this Declaration, for the purpose of promoting good neighbourliness and transparency, establishing harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes among them; 8. The Parties undertake to respect the provisions of this Declaration and take actions consistent therewith; 9. The Parties encourage other countries to respect the principles contained in this Declaration; 10. The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective. Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia. 4 NOVEMBER 2002

http://www.aseansec.org/13163.htm