Recent Developments in the South China Sea: A Malaysian Perspective and

Options

Mohd Nizam Basiron

MIMA Conference on the

South China Sea

12 & 13 December 2011

Outline

• Introduction

• Malaysia and the South China Sea

• Perspective on recent developments

• Options

• Conclusions

1

2

Introduction

Malaysia and the South China Sea

3

4

6

7

8

Year (Month) Features Activity

1978 (-) Amboyna Kecil Malaysian navy special forces landed on the features

and placed markers. The marker on Amboyna Kecil

was subsequently destroyed by Vietnam who now

occupies the feature[1].

1983 (May) Pulau Layang-Layang Malaysian navy special forces landed on Layang-

Layang[2].

1986 (April) Pulau Layang-Layang Naval station “Lima” constructed on Layang-

Layang[3].

1986 (April) Terumbu Ubi Naval station “Uniform” constructed on Ubi[4].

1986 (November) Terumbu Mantanani Naval station “Mike” constructed on Mantanani[5].

1991 (-) Pulau Layang-Layang Resort constructed on Pulau Layang-Layang[6]

1992 (May) Pulau Layang-Layang The then Yang Di-Pertuan Agong of Malaysia Sultan

Azlan Shah visited Layang-Layang[7]

1999 (April) Terumbu Siput Naval station “Sierra” constructed on Siput[8]

1999 (April) Terumbu Peninjau Naval Station “Papa” constructed on Peninjau[9]

2004 (July) Pulau Layang-Layang Marine Research Station, Pulau Layang-Layang

(MARSAL) opened.[1] Dzurek, D.J. (1996) The Spratly Islands dispute: Who’s on first? Maritime Briefing. 2(1). Durham: International Boundaries Research Unit.[2] Ibid.[3] Ibid; Policy Division, Ministry of Defence Malaysia. Personal communications.[4] Policy Division, Ministry of Defence Malaysia. Personal communications.[5] Dzurek and Malaysia’s Ministry of Defence differ on the actual date of the construction of naval stations “Mike”. [6] Prescott, J.R.V. (2010). The Spratly Islands: past and present. MIMA Bulletin, 17(1). 14 - 18[7] King, Queen visited Layang-Layang. (May 23, 1992). The New Straits Times.[

Perspective on recent developments

Perspective on recent developments

- ve developments

• confrontations

• rhetoric

• media sabre-rattling

• arms acquisition

• troop and proposed vessel deployment

+ ve developments

• adoption of guidelines on implementation of DOC

• progress on code of conduct

• upcoming workshop on safety of navigation

• offer of maritime cooperation fund

10

+ ve developments

11

• adoption of guidelines on implementation of DOC

• progress on code of conduct

• upcoming workshop on safety of navigation

• offer of maritime cooperation fund

+ ve developments

12

• adoption of guidelines on implementation of DOC

- nine years in the making

- still an important agreement

- provides basis for implementing activities under the DOC

- upcoming workshop on safety of navigation in Haikou

- what next?

+ ve developments

13

• progress on code of conduct

- a draft by July 2012?

- important to start with fundamentals

- pertinent questions

- essential elements:

1. underlying principles

2. aims and objectives

3. scope and application

Code of Conduct: pertinent questions

• Would the code of conduct change the status quo in the South China Sea as espoused by the DOC or merely reinforce it?

• How would the code of conduct advance cooperation in the areas identified in the DOC?

• What mechanism would be established to ensure that the code is implemented or enforced

• Should the code of conduct have a defined geographical area or should it just regulate activities throughout the whole of the South China Sea?

• Would the code of conduct also deal with contentious issues such as the conduct of military activities in the Exclusive Economic Zone (EEZ)?

• Given that there are also external parties interested in the South China Sea, should the code of conduct govern their activities as well?

• If so what would be the role and contribution of extra regional powers?

14

+ ve developments

“expand practical maritime cooperation. China will establish a China-ASEAN maritime cooperation fund and promote cooperation in marine research and environmental protection, connectivity, navigation safety, search and rescue, and combating transnational crimes”

http://www.gov.cn/english/201111/18/content_1997353.h

• When?• How?• Who?

15

Options: Should we stop at DOC activities?

• Explore other areas of cooperation:

- renewable energy?

- private-private initiatives?

- information exchange?

- trade and shipping facilitation?

16

Conclusions

• South China Sea important for regional stability

• Unites and divides the region

• Positive and negative developments recently

• Questions remain on positive development

• Region should also consider other options for cooperation and alleviation of dispute

17

Thank You