UNIVERSITY OF CAMBODIA ******

TECHO SEN SCHOOL OF GOVERNMENT

AND INTERNATIONAL RELATIONS

MASTER PROGRAM

Course: Cambodia’s Foreign Policy (INT606)

ASSIGNMENT: TERM PAPER

Lectured by: Prof. Dr. IN Sophal

Prepared by: EA Ratana

Term V-2017

Date of Submission: 28 May 2017

TOPIC

“Cambodia’s Foreign Policy toward China, the Philippines

and Vietnam in regard to the South China Sea issues”

ABSTRACT

This term paper titled “Cambodia’s Foreign Policy toward China, the Philippines

and Vietnam in regard to the South China Sea issues” deeply discusses three important

points regarding to (1) the latest development of the South China Sea issues between

China and the Philippines as well as between China and Vietnam, (2) the mechanisms of

the South China Sea-related conflict settlement applied by the three countries, and (3) the

appropriate foreign policy and position Cambodian government should carry out in order

to sustain good relations between Cambodia and those conflicting countries. This paper

has suggested that Cambodia’s stance over the South China Sea settlement should base

on the joint mechanisms preferred by the three countries concerning to the disputes.

Cambodia has so far expressed its neutral stance on this issue, and it should be kept going

on. For the South China Sea dispute settlement mechanisms, Cambodia should support

those that aim at maintaining peace and stability in the region, keeping strategic

partnerships between ASEAN and China, and providing mutual benefits to the concerned

countries as well as to the ASEAN economic development as a whole.

i

TABLE OF CONTENT

Title Page

Table of Content i

Acknowledgement ii

1. Introduction …….……….........................................................................................1

1.1 Problem Statement………………………………………………….…………...1

1.2 Research Questions …………………………………………………………......3

1.3 Research Objectives ………………………………………………………….....3

1.4 Research Methodology ………………………………………………….……... 3

1.5 Scope of the Research ……………………………………………………..........4

1.6 Limitation of the Research ……………………………………………………...5

1.7 Significance of the Study ………………………………………………….........5

1.8 Time frame for writing the term paper ………………………………………….6

2. Literature Review ….………….................................................................................7

3. Background of South China Sea disputes …..……….…......................................10

3.1 China and the Philippines in the South China Sea conflict ……….……….…..10

3.2 China and the Vietnam in the South China Sea conflict………………….….... 12

4. Analysis on the Findings ……………………………………….………………… 14

5. Conclusion and Recommendations ………………………………………….…... 15

Appendix ………………………………………………………………………..... 16

List of References …………………………………………………………….....................iii

ii

ACKNOWLEDGEMENT

First of all, I would like to pay my deepest gratitude to my both parents who have

been perfectly taking care of me since I was a baby. My successes in career and life are

truly contributed by them.

Secondly, I wish to pay greatest thanks to the University of Cambodia,

especially to the university’s President Dr. Kao Kim Hourn, for his mass contribution

to educational sector through offering a lot of scholarships for students every year and

providing advanced quality of higher education in Cambodia.

I particularly would like to pay my deepest respects and thanks to Professor

Dr. In Sophal who has transferred truly vital knowledge to all students regarding to

Cambodian Foreign Policies and history. His sharing of knowledge and experience

actually benefits me and other students in education, career and life.

Last but not least, I would like to thank all friends, people around me, and

especially to my wife, for their ideas sharing, good friendship and encouragement.

iii

List of References

BBC News. (2012, July 13). Asean nations fail to reach agreement on South China Sea.

Retrieved from http://www.bbc.com/news/world-asia-18825148

BBC News. (2016, July 12). Why is the South China Sea contentious? Retrieved from

http://www.bbc.com/news/world-asia-pacific-13748349

BBC News. South China Sea: Tribunal backs case against China brought by Philippines.

Retrieved from http://www.bbc.com/news/world-asia-china-36771749

Buszynski, L. (2002). Realism, Internationalism, and Philippines security. Asian Survey,

42(03): 483-501

Clifton W. Sherrill (September 1, 2014). Conflict Management in the South China Sea.

Retrieved from http://trop.troy.edu/csherrill/APISA2014.pdf

Japan Times. Philippines’ Duterte says he is open to South China Sea deals with Beijing.

Posted on May 16, 2017. Retrieved from

http://www.japantimes.co.jp/news/2017/05/16/asia-pacific/politics-diplomacy-asia-

pacific/philippines-duterte-says-open-south-china-sea-deals-beijing/#.WSmdIVJIzGs

Ministry of Foreign Affairs and International Cooperation’s website. Interview of H.E.

Senior Minister Prak Sokhonn with the China Youth Daily Newspaper.

Posted on May 19, 2017 via https://www.mfaic.gov.kh/site/detail/10456

Ministry of Foreign Affairs and International Cooperation, Cambodia. The statement was

posted on its website: http://www.mfaic.gov.kh/?page=detail&ctype=article&id=1916&lg=en Ministry of Foreign Affairs of People’s Republic of China. Retrieved from

http://www.fmprc.gov.cn/mfa_eng/zxxx_662805/t1217147.shtml

Ministry of Foreign Affairs of China. Ministry’s Spokesperson Hua Chunying's Regular

Press Conference on October 21, 2016. Retrieved from

http://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1407743

.shtml

Ministry of Foreign Affairs of China. Ministry’s Spokesperson Hua Chunying's Regular

Press Conference on May 19, 2017. Retrieved from

http://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1463588.shtml

Peace Palace Library. Retrieved 12 September 2016 from

http://www.peacepalacelibrary.nl/research-

guides/settlement-of-international-disputes/settlement-of-international-disputes/

Reuters. (2012, July 13). SE Asia meeting in disarray over sea dispute with China.

http://www.reuters.com/article/us-asean-summit-idUSBRE86C0BD20120713

Reuters. China says interests outweigh differences with Vietnam. Retrieved from

http://www.reuters.com/article/us-china-vietnam-idUSKCN11J00X

Reuters. China vows to protect South China Sea sovereignty, Manila upbeat. Retrieved

from http://www.reuters.com/article/us-southchinasea-ruling-stakes-

idUSKCN0ZS02U

iv

Sam Bateman and Ralf Emmers, the editors. (2009). Security and international politic in

the South China Sea:Towards a cooperative management regime (pp. 95). New

York: Routledge.

State Council of the People’s Republic of China. (2016). Retrieved from

http://english.gov.cn/news/international_exchanges/2016/06/15/content_281475372144121.htm

The Diplomat. Online newspaper. Philippines President Rodrigo Duterte Meets Xi

Jinping. Retrieved from http://thediplomat.com/2016/10/philippine-president-

rodrigo-duterte-meets-xi-jinping-first-takeaways/

The Indian Express. Vietnam says it prefers bilateral talks with China on South

China Sea. Posted on 26 July 2016. Retrieved from

http://indianexpress.com/article/world/world-news/vietnam-says-it-prefers-bilateral-

talks-with-china-on-south-china-sea-2937231/

The Guardian. Online news. Duterte: Philippines is separating from US and realigning

with China. Posted on 20 Oct. 2016. Retrieved from

https://www.theguardian.com/world/2016/oct/20/china-philippines-resume-

dialogue-south-china-sea-dispute

The Wall Street Journal. In setback to US, Philippines sets aside dispute with China.

Retrieved from http://www.wsj.com/articles/china-philippines-set-south-china-sea-

dispute-aside-1476959210

The World Post. Vietnam Careful, Not Jubilant After South China Sea Ruling Against

China. Posted on 16 July 2016. Retrieved from

http://www.huffingtonpost.com/helen_clark/vietnam-south-china-sea-

ruling_b_11022864.html

Torode, G., & Chan, M. (2010, December 12). China refuses to yield on Paracels. South

China Morning Post. Retrieved from http://www.scmp.com/article/733189/china-

refuses-yield-paracels

United Nations, article 2 of the UN Chapter. Retrieved from

http://www.un.org/en/sections/un-charter/chapter-i/index.html

United Nations, article 33 of the UN Chapter. Retrieved from

http://www.un.org/en/sections/un-charter/chapter-vi/index.html

VOA. (2015, March 27). Cambodia Supports China’s Position on South China Sea.

Retrieved from http://learningenglish.voanews.com/a/cambodia-supports-china

on-south-china-sea/2695816.html

Wikipedia. Territorial disputes in the South China Sea. Retrieved from:

https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea

Wikipedia. Territory disputes in the South China Sea. Retrieved from

https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea

Yahoo News. Vietnam says all will lose in any South China Sea war. Posted on 30

August 2016. Retrieved from https://www.yahoo.com/news/vietnam-says-lose-

south-china-sea-war-071343662.html

============

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CHAPTER 1: INTRODUCTION

1.1. Problem Statement

For a long time, the South China Sea conflict has been regarded as one of main complex

issues within the region that has sometimes caused tensions between China and some nations in

Asia, especially with a few ASEAN member countries. As conflicting nations together claim

individual sovereignty over islands and water areas in the South China Sea, the issue is seen to be

concerned with the interests of territory, economy, geopolitics and security. Presently, six nations

within the region involve in claiming of islands, archipelagoes and maritime areas in the South

China Sea including China, Taiwan, the Philippines, Vietnam, Malaysia and Brunei.1 Generally, in

the South China Sea, there are disputes concerning both Spratly and the Paracel islands, areas near

to sea boundaries in the Gulf of Tonkin and waters near the Indonesian Natuna Islands, etc.2 (Please

see Appendix on page 16 for the summary of disputes).

In the last decade, the South China Sea issue likely has sparked greater tensions among

conflicting countries, especially between China and the Philippines as well as between China and

Vietnam, while other non-claimant countries are also involving in this dispute. For instance, in

March 2004, the Balikatan (literally meaning shoulder-to-shoulder) exercise between US and the

Philippines for the first time was held at a location where China and the Philippines contend for

sovereignty (Sam Bateman and Ralf Emmers, 2009). It was also the first time that the objective of

the exercise was targeted at defense against invasion by a third party instead of the previous goal of

counter-terrorism.3 Eight years later in early 2012, China and the Philippines engaged in a lengthy

maritime stand-off, accusing each other of invasions in the Scarborough Shoal.4 Then, in late 2012,

unverified claims that the Chinese navy sabotaged two Vietnamese exploration operation led to

huge anti-China protests in Vietnam.5 After that, in May 2014, the introduction by China of a

drilling rig into water near the Paracel Islands led to multiple collisions between Chinese and

Vietnamese ships.6 More interestingly, Japan, as confirmed by its Defense Minister, is planning on

upping its activities in the South China Sea through joint training patrols with the United States and

1 Wikipedia. Territorial disputes in the South China Sea. Retrieved on 12 May 2017 from:

https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea 2 Wikipedia. Territorial disputes in the South China Sea. Retrieved on 12 May 2017 from:

https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea 3 Sam Bateman and Ralf Emmers, the editors. (2009). Security and international politic in the South China Sea:

Towards a cooperative management regime (pp. 146). New York: Routledge. 4 BBC News. (2016, July 12). Why is the South China Sea contentious? Retrieved from

http://www.bbc.com/news/world-asia-pacific-13748349 5 BBC News. (2016, July 12). Why is the South China Sea contentious? Retrieved from

http://www.bbc.com/news/world-asia-pacific-13748349 6 Ibid

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exercises with regional navies while showing its intention to provide military aid to the Philippines

and Vietnam.7 Moreover, in May 2016, the US Navy sent a guided missile destroyer within 12

miles of a disputed island in the South China Sea, prompting China to dispatch fighter jets and

warships to expel the American ship, and at the same time, Chinese and Russian ships began joint

exercises in the South China Sea, causing further tensions.8

So far, some approaches of disputes settlement have been applied in order to calm down the

risen tension in the South China Sea, while Cambodia also has shown its positions to the issue

concerned between China and some members of ASEAN. For instance, on 4 November 2002, when

Cambodia hosted ASEAN Summits, Cambodian Foreign Minister joined with other 9 ASEAN’s

counterparts and China’s Vice-Minister of Foreign Affairs to sign the Declaration on the Conduct of

Parties in the South China Sea (DOC), which was then regarded by the Philippines as a strong

foundation for future negotiations with China, while China argued that the declaration sends a

positive signal to the outside world that China and ASEAN have full capacity to resolve disputes

among themselves peacefully through dialogue.9

However, ten year later, Cambodia, as the then ASEAN chair, was criticized by some

ASEAN members for non-issuance of a joint statement, which likely reflected the failure of

ASEAN countries to reach an agreement on how to deal with the South China Sea issue.10

The

Philippines then criticized Cambodia for its handling of the issue during the foreign ministers’

meeting, while the Vietnam’s Foreign Minister said he was “very disappointed” over the failure to

issue the statement.11

Besides, Cambodian Prime Minister Samdech Techo Hun Sen used to

publicly endorsed China’s position on territorial disputes in the South China Sea saying that it is a

bilateral issue between the concerned countries, not an issue for ASEAN as a whole.12

Regarding to this, more or less, it is possible that some countries, especially the Philippines

and Vietnam, may accuse that Cambodia betrays ASEAN and takes favored position to support

China while Cambodia is likely showing its neutral stance. Therefore, it is needful for Cambodia to

carefully set a good foreign policy and take its appropriate stance over the South China Sea issue to

ensure that the conflicting countries are not disappointed or angered with Cambodia.

7 Emiko Jozuka, CNN. (2016, September 16). Japan to join US in South China Sea patrols. Retrieved from

http://edition.cnn.com/2016/09/15/asia/japan-south-china-sea-patrols/ 8 Ibid

9 Sam Bateman and Ralf Emmers, the editors. (2009). Security and international politic in the South China Sea:

Towards a cooperative management regime (pp. 95). New York: Routledge. 10

BBC News. (2012, July 13). Asean nations fail to reach agreement on South China Sea. Retrieved from

http://www.bbc.com/news/world-asia-18825148 11

Reuters. (2012, July 13). SE Asia meeting in disarray over sea dispute with China. Retrieved from

http://www.reuters.com/article/us-asean-summit-idUSBRE86C0BD20120713 12

VOA. (2015, March 27). Cambodia Supports China’s Position on South China Sea. Retrieved from

http://learningenglish.voanews.com/a/cambodia-supports-china-on-south-china-sea/2695816.html

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1.2. Research Questions

The main question of this research paper is: “What appropriate foreign policies in regard

to South China Sea issues should Cambodia carry out with China, the Philippines and

Vietnam in order to keep good relations between Cambodia and those countries?”

In this regard, one among good ideas is that Cambodia should express its support to any

joint approaches of South China Sea disputes settlement agreed by the three countries.

Therefore, the following sub-questions have to be defined and answered:

1. What are the approaches of the South China Sea conflict settlement jointly accepted by

China and the Philippines?

2. What are the approaches of the South China Sea conflict settlement jointly accepted by

China and Vietnam?

3. What are the approaches of the South China Sea conflict settlement jointly accepted by

all conflicting countries—China, the Philippines and Vietnam?

4. Why should Cambodian government support those joint approaches of the South China

Sea conflict settlement?

1.3. Research Objectives

The purpose of this research paper is to take part in suggesting recommendation of foreign

policy Cambodian government should comply in order to make sure that the kingdom is able to

sustain good relations with China, the Philippines and Vietnam which involve in South China Sea

issue, aiming at protecting Cambodian interests in terms of economy and diplomacy engagements.

To do so, it is necessary to find out the joint approaches to the dispute settlement agreed by

the conflicting states namely China, the Philippines and Vietnam.

Therefore, the main objectives of this research paper are to determine:

The South China Sea dispute settlement mechanisms that China, the Philippines and

Vietnam have so far taken and prefer to use in the present;

The reasons why the conflicting countries choose such those resolution mechanisms;

The joint mechanisms of the disputes settlement that are agreed by all conflicting states;

The reasons why Cambodia should express support to those joint resolution mechanisms.

1.4. Research Methodology

Conceptual model

In order to define what foreign policy Cambodian government should set and comply

toward the South China Sea issue, it is necessary to study about the disputes resolution methods

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used by the conflicting parties—China, the Philippines and Vietnam. This study suggests that

Cambodia should express its support to the joint settlement mechanisms agreed by the three

countries. The conceptual model is described as the following:

Data collection method

The data and information used in this study are from secondary sources, such as reliable

articles and reports found in academic books, journals, online newspaper and official websites.

Therefore, the study is mainly based on e-library and documents. Primary data collection is not

conducted.

1.5. Scope of the Research

The research paper mainly aims at suggesting appropriate foreign policy that Cambodian

government should carry out publicly regarding to the South China Sea issues concerned between

China and the Philippines as well as between China and Vietnam, in order to make sure that the

position taken over by Cambodia cannot harm to good relations between Cambodia and those

conflicting countries. It means that as Cambodia chooses to comply with this policy, the three

countries will not feel disappointed or angered with the kingdom. The paper does not focus

Cambodia as a facilitative country in the conflict settlement. Yet, it suggests that the finding of joint

Dispute Settlement Medthods jointly accepted by the

THREE countries

Dispute Settlement Medthods accepted by

the Philippines

Dispute Settlement Medthods accepted by

China

Dispute Settlement Medthods accepted by

Vietnam

Cambodia’s

appropriate position

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mechanisms in the South China disputes settlements accepted by the three countries will be

beneficial to Cambodian decision on setting its right foreign policy toward the South China Sea

issues.

1.6. Limitation of the Research

Due to limited timeframe, the term paper only defines the joint disputes settlement

mechanisms chosen to imply by three concerning countries in the South China Sea issue, including

China, the Philippines and Vietnam since 2012 until May 2017 . The process of defining dispute

settlement mechanisms will base on individual concerns between China with the Philippines and

between China with Vietnam.

The research paper will study both of bilateral and multilateral mechanisms in the disputes

settlements the three conflicting countries accept to use. However, the study shall choose only

mechanisms that lead to a peaceful settlement of the disputes with provision of mutual interests for

concerned parties. Any mechanisms that escalate tension or provoke wars shall be abandoned in this

paper.

1.7. Significance of the Study

Many countries, including Cambodia, are paying close attention to the development of the

South China Sea issue. Since China and the ASEAN members are all friends of Cambodia, keeping

good relations with those countries is very significant for Cambodia. Thus, the research paper may

help Cambodia in some circumstances to set a good foreign policy toward this issue.

The finding of this research will particularly take part in proposing useful ideas on how

Cambodian government should set its foreign policy and take right position over the disputes in the

South China Sea. The government officials, politicians, strategies planners, scholars and students

should take this result of the research in their consideration or in practice in some levels.

This research paper can be used as a reference for relevant-topic research writing, and it also

provides some vital clues to other scholars for doing research on similar topics.

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1.8 Timeframe for writing the Term Paper

Activities

Numbers of Course Weeks

March April May 2017

W1 W2 W3 W4 W5 W6 W7 W8 W9 W10

Choose topic/Outline

Find documents

Read documents

Write first draft and

retitle the topic

Find more documents

Write second draft

Write completed paper

Review entire paper

Submit the term paper 28th

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CHAPTER 2: LITERATURE REVIEWS

Since the South China Sea conflict is an international issue that many countries in the region

get involved, a review on International Dispute Settlement along with the conflicts settlement

approaches used by the countries concerned is important. Charter of the United Nations (UN) plays

a major role, in particular, regarding disputes between states (Peace Palace Library)13

. Article 2 (3)

of the UN Charter states that all Member States have to settle their international disputes by

peaceful means in such a manner that international peace and security, and justice, are not

endangered.14

In the framework of international peace and security, Article 33 of the UN Charter

provides a number of alternatives to choose from in resolving disputes, such as negotiation, enquiry,

mediation, conciliation, arbitration, and judicial settlement.15

The South China Sea issue between China, Philippines and Vietnam occurs because of

interest of something that is related to economy or territory or both. However, those conflicting

countries mostly have claimed territories over islands and sea areas in the South China Sea while

keeping economical interest left behind. Three main theories in International Relations are often

applied by claimant states to deal with territory conflicts, such as Realism, Liberalism, and

Constructivism.

Realists consider the principal actors in the international arena to be states, which are

concerned with their own security, act in pursuit of their own national interests, and struggle for

power. The negative side of the realists' emphasis on power and self-interest is often their

skepticism regarding the relevance of ethical norms to relations among states. National politics is

the realm of authority and law, whereas international politics, they sometimes claim, is a sphere

without justice, characterized by active or potential conflict among states. (Standford Encyclopedia

of Philosophy, 2013)16

. In this regard, China, as a big country, likely prefers bilateral mechanism

for the South China Sea conflict settlement. The Chinese Ministry of Foreign Affairs repeated their

position in December of 2014 in their Position Paper of the Government of the People’s Republic of

China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of

the Philippines as they stated this: "With regard to disputes concerning territorial sovereignty and

maritime rights, China has always maintained that they should be peacefully resolved through

13

Peace Palace Library. Retrieved 12 May 2017 from http://www.peacepalacelibrary.nl/research-

guides/settlement-of-international-disputes/settlement-of-international-disputes/ 14

Article 2 of the UN Chapter. Retrieved 12 May 2017 from http://www.un.org/en/sections/un-charter/chapter-

i/index.html 15

Article 33 of the UN Chapter. Retrieved 12 May 2017 from http://www.un.org/en/sections/un-charter/chapter-

vi/index.html 16

Standord Encyclopedia of Philosophy, (2013). Political Realism in International Relations. Retrieved 15 May 2017

from http://plato.stanford.edu/entries/realism-intl-relations/

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negotiations between the countries directly concerned " (Ministry of Foreign Affairs of The People's

Republic of China, 2014, art. 30).17

However, liberals believe that international institutions play a key role in cooperation among

states.

With the correct international institutions, and increasing interdependence (including

economic and cultural exchanges) states have the opportunity to reduce conflict. Interdependence

has three main components. States interact in various ways, through economic, financial, and

cultural means; security tends to not be the primary goal in state-to-state interactions; and military

forces are not typically used. Liberals also argue that international diplomacy can be a very

effective way to get states to interact with each other honestly and support nonviolent solutions to

problems. With the proper institutions and diplomacy, Liberals believe that states can work together

to maximize prosperity and minimize conflict. (Source: Wikipedia)18

In liberalism point of view, the Philippines and Vietnam seem prefer third party’s

involvement in the South China Sea issue. Recently, the Philippines have stepped to the Permanent

Court of Arbitration. Besides, for decades, the Philippines has joint with the United States to put the

'Mutual Defense Treaty' between the two countries into force and they recently agreed on the

'Enhanced Defense Cooperation Agreement' which allows the US to increase its military presence

in the Philippines (Buszynski, 2002, p. 500).19

In regard to Vietnam, it publicly stated in 2010 its

desires for help in settling the South China Sea issue: “Issues that relate to other countries and

parties, like the Spratly Islands, cannot be settled by Vietnam and China; they require the

participation of other concerned parties [...] Issues that are not only related to countries that border

the East Sea, such as maritime safety and security, must be negotiated and settled by all countries

that share this common interest" (Torode, & Chan, 2010).20

Anyway, constructivism highlights the importance of how states adopt a particular social

identity, based in large part on how they interact with one another. This “socially constructed”

identity helps determine state interests, in contrast to realism’s fixed interests in material power. In

practice, constructivism presents a more dynamic perspective than realism or liberalism, as the

policies it spawns suggest that rather than merely pursuing behavior change within a state, actors

can re-shape the underlying nature of the government in power (Clifton W. Sherrill, 2014).21

17

Ministry of Foreign Affairs of People’s Republic of China. Retrieved 08 May 2017 from

http://www.fmprc.gov.cn/mfa_eng/zxxx_662805/t1217147.shtml 18

Wikipedia. Liberalism (international relations). Retrieved on 09 May 2017 from

https://en.wikipedia.org/wiki/Liberalism_%28international_relations%29 19

Buszynski, L. (2002). Realism, Internationalism, and Philippines security. Asian Survey, 42(03):483-501 20

Torode, G., & Chan, M. (2010, December 12). China refuses to yield on Paracels. South China

Morning Post. Retrieved from http://www.scmp.com/article/733189/china-refuses-yield-paracels 21

Clifton W. Sherrill (September 1, 2014). Conflict Management in the South China Sea. Retrieved from

http://trop.troy.edu/csherrill/APISA2014.pdf

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However, presently, the three countries are likely entering to some common stances over

how to settle the South China Sea disputes. For instance, top diplomats from China and the 10

ASEAN countries agreed on June 14 2016 that the South China Sea issue should be handled

properly, reaffirming the need to “jointly ensure peace and stability” in the area, and also the 11

countries called for “maritime practical cooperation” and for early completion of the Code of

Conduct in the South China Sea (COC). (The State Council of the People’s Republic of China).22

Moreover, China and ASEAN member countries recently have reached a framework of the COC

through the 14th Senior Officials' Meeting on the Implementation of the DOC held by China and

ASEAN member states on 18 May 2017, while China prefers to work with ASEAN member states

to continue with the strict implementation of and full compliance of the DOC and uphold the

principle of mutual respect and decision upon consensus.23

Recently, Cambodia has expressed its stance on the resolution of the South China Sea

conflict. 3 days before the Permanent Court of Arbitration in The Hague would issue its final award

concerning the arbitration case initiated by the Philippines against China on the South China Sea

issue, Cambodia’s Ministry of Foreign Affairs and International Cooperation issued a statement on

9 July 2016 saying that “as a friend of both sides of the dispute and with the intension to maintain

peace, security and stability in the South China Sea as well as to sustain enormous interest for the

whole region generated from the good cooperative relations and mutually beneficial strategic

partnership between ASEAN and China, Cambodia would like to call on the Philippines and China

to continue setting their dispute through peaceful means”.24

Moreover, Cambodia usually

determines its neutral position over the South China Sea issue. Recently, in a written interview with

Chinese newspaper, Cambodia’s Foreign Minister H.E Prak Sokhonn said that “[…] Permanent

neutrality is the principled position stipulated in the Cambodian constitution and its scope of

application is not limited to the South China Sea issue. We support the ongoing process of

dialogues between parties concerned in order to resolve their dispute by peaceful means, in

accordance with international law including the UNCLOS. […]”.25

Basing on the literature review, this paper will evaluate on four conflict settlement

mechanisms, such as negotiation, mediation, arbitration, and judicial settlement. 22

The State Council of the People’s Republic of China. (2016). Retrieved on 16 May, 2017 from

http://english.gov.cn/news/international_exchanges/2016/06/15/content_281475372144121.htm 23

Foreign Ministry Spokesperson Hua Chunying's remarks during regular press conference on May 19, 2017. Retrieved

from http://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1463588.shtml 24

Ministry of Foreign Affairs and International Cooperation, Cambodia. The statement was posted on its website:

http://www.mfaic.gov.kh/?page=detail&ctype=article&id=1916&lg=en 25

Ministry of Foreign Affairs and International Cooperation’s website. Interview of H.E. Senior Minister Prak

Sokhonn, Minister of Foreign Affairs and International Cooperation with the China Youth Daily Newspaper.

Posted on May 19, 2017 via https://www.mfaic.gov.kh/site/detail/10456

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CHAPTER 3: BACKGROUND OF SOUTH CHINA SEA DISPUTES

3.1. China and the Philippines in the South China Sea conflict

China and the Philippines as well as some other nations in Asia have claimed over mass

areas in the South China Sea, which is thought to be rich in oil and natural gas deposits.26

Relations

between the two countries had remained frosty under his predecessor Benigno Aquino III following

a 2012 stand-off at Scarborough Shoal.27

China seized the shoal then, leading the Aquino

administration to file a case with a five-judge tribunal at the Permanent Court of Arbitration.28

Negotiation:

However, both countries recently have signalized common stance on solving the South

China Sea through bilateral negotiation as expressed by the newly elected Filipino President

Rodrigo Duterte.29

Moreover, a Chinese senior official recently said that it is in the fundamental and

common interests of the Chinese and Philippine people that China and the Philippines improve and

develop their relations across the board and the South China Sea issue be brought back to the track

of bilateral dialogue and consultation, which is also conducive to regional peace and stability.30

In

this case, negotiation could result in some form of joint enterprise in which the claimants agree to

co-develop the energy resources, share fishing rights, and establish an independent, or at least

multilateral, policing authority.31

Regarding to the meeting between Chinese and Philippines presidents on 20 October 2016,

Chinese Vice Foreign Minister Liu Zhenmin told reporters that both sides agreed that the South

China Sea issue is not the sum total of the bilateral relationship, and the two leaders agreed to

restart bilateral talks on their territorial disputes but didn’t discuss whether China would allow

Filipino fishermen to return to Scarborough Shoal, an issue Mr. Duterte previously pledged to bring

up.32

Besides, the Philippine President Duterte recently said that he was open to exploring the South

26

Wikipedia. Territory disputes in the South China Sea. Retrieved on 16 May 2017 from

https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea 27

The Diplomat. Online newspaper. Philippines President Rodrigo Duterte Meets Xi Jinping. Retrieved from

http://thediplomat.com/2016/10/philippine-president-rodrigo-duterte-meets-xi-jinping-first-takeaways/ 28

Ibid. 29

The Guardian. Online news. Duterte: Philippines is separating from US and realigning with China. Posted on 20 Oct.

2016. Retrieved from https://www.theguardian.com/world/2016/oct/20/china-philippines-resume-dialogue-

south-china-sea-dispute 30

Ministry of Foreign Affairs of the People’s Republic of China. Foreign Ministry Spokesperson Hua Chunying's

Regular Press Conference on October 21, 2016. Retrieved 17 May 2017 from

http://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/t1407743.shtml 31

Clifton W. Sherrill (September 1, 2014). Conflict Management in the South China Sea. Retrieved 17 May 2017 from

http://trop.troy.edu/csherrill/APISA2014.pdf 32

The Wall Street Journal. In setback to US, Philippines sets aside dispute with China. Retrieved 17 May 2017 from

http://www.wsj.com/articles/china-philippines-set-south-china-sea-dispute-aside-1476959210

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China Sea’s natural resources with rival claimants China and Vietnam. He also emphasized he had

no immediate plans to pressure China over an international tribunal’s ruling in 2016.33

Meditation:

In 2002, the member states of ASEAN and China agreed to a Declaration on the Conduct of

Parties in the South China Sea. While this represented a departure from China’s normal stance

against internationalizing the dispute, it is important to recognize the limits of the agreement.34

Other regional institutions that include additional participants, such as the ASEAN Regional Forum, the

Asia-Pacific Economic Cooperation, and the East Asian Summit, also provide a forum for diplomatic

discussion of the South China Sea disputes; however, none of these have been able to establish a “rules-

based order” capable of solving territorial disputes.35

Arbitration:

On 12 July 2016, after the Permanent Court of Arbitration said there was no evidence that

China had historically exercised exclusive control over the waters or resources, China called the

ruling "ill-founded" and says it will not be bound by it.36

According to the BBC News, the ruling came from an arbitration tribunal constituted under

the United Nations Convention on the Law of the Sea (UNCLOS), which both countries have

signed. It ruled on seven of 15 points brought by the Philippines. Among the key findings were:

Fishermen from the Philippines and China both had fishing rights around the disputed

Scarborough Shoal area, and China had interfered by restricting access;

China had "destroyed evidence of the natural condition of features in the South China Sea"

that formed part of the dispute;

Transient use of features above water did not constitute inhabitation - one of the key

conditions for claiming land rights of 200 nautical miles, rather than the 12 miles granted for

rocks visible at high tide. The ruling is binding but the Permanent Court of Arbitration has

no powers of enforcement.37

33 Japan Times. Philippines’ Duterte says he is open to South China Sea deals with Beijing. Posted on May 16, 2017.

Retrieved from http://www.japantimes.co.jp/news/2017/05/16/asia-pacific/politics-diplomacy-asia-

pacific/philippines-duterte-says-open-south-china-sea-deals-beijing/#.WSmdIVJIzGs

34

Clifton W. Sherrill (September 1, 2014). Conflict Management in the South China Sea. Retrieved 18 May 2017 from

http://trop.troy.edu/csherrill/APISA2014.pdf 35

Ibid. 36

BBC News. South China Sea: Tribunal backs case against China brought by Philippines. Retrieved 19 May 2017

from http://www.bbc.com/news/world-asia-china-36771749 37

Ibid.

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Based on Chinese media, China vowed to take all necessary measures to protect its

sovereignty over the South China Sea and said it had the right to set up an air defense zone, after

rejecting an international tribunal's ruling denying its claims to the energy-rich waters.38

Thus,

China strongly oppose to any involving of international arbitration or court in settling the South

China Sea conflicts. .

3.2. China and the Vietnam in the South China Sea conflicts

Territorial disputes between China and Vietnam have long driven naval standoffs, the

capture of fishermen, violations of sovereignty, widespread domestic unrest and anger at the

government, riots and lootings and a strong upgrade of Vietnam’s naval material.39

As China and Vietnam are claiming to control some islands and parts of the South China

Sea areas, Chinese president Xi Jinping recently said that common interests between China and

Vietnam far outweigh differences, calling for their dispute in the South China Sea to be resolved

through talks.40

According to Reuters news, Vietnam is in the midst of a quiet military buildup

analysts say is designed as a deterrent, to secure its 200 nautical mile Exclusive Economic Zone, as

China grows more assertive in staking its claims in the South China Sea. Vietnam also welcomed

the ruling declared by the Permanent Court of Arbitration in July 2016, saying it strongly supports

peaceful resolution of disputes, while reasserting its own sovereignty claims.41

Negotiation:

According to the Indian Express, a Vietnamese senior official said Vietnam’s consistent

policy is to settle disputes through peaceful means in accordance with national laws and United

Nations (conventions and laws), and Vietnam attaches quite (a lot of) importance to bilateral

negotiations.42

More interestingly, Vietnamese President recently showed his intension to have a

peaceful means in settling the South China Sea issue. The President addressed in Singapore that

there would be no winners in any armed conflict sparked by territorial disputes in the South China

38

Reuters. China vows to protect South China Sea sovereignty, Manila upbeat. Retrieved 18 May 2017 from

http://www.reuters.com/article/us-southchinasea-ruling-stakes-idUSKCN0ZS02U

39

The World Post. Vietnam Careful, Not Jubilant After South China Sea Ruling Against China. Posted on 16 July 2016.

Retrieved from http://www.huffingtonpost.com/helen_clark/vietnam-south-china-sea-ruling_b_11022864.html 40

Reuters. China says interests outweigh differences with Vietnam. Retrieved from http://www.reuters.com/article/us-

china-vietnam-idUSKCN11J00X 41

Ibid. 42

The Indian Express. Vietnam says it prefers bilateral talks with China on South China Sea. Posted on 26 July 2016.

Retrieved from http://indianexpress.com/article/world/world-news/vietnam-says-it-prefers-bilateral-talks-with-

china-on-south-china-sea-2937231/

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Sea.43

He stressed that "The South China Sea, located at the heart of Southeast Asia, not only

brings about many important benefits to nations in the region but it is also a vital route to

maritime and air transport of the world; but recent worrying developments there have had a

negative impact on the security environment of the region, especially maritime security and

safety, freedom of navigation and overflight".44

It has been unclear yet whether Vietnam’s preferred peaceful means of conflict settlement

refers to the country’s intention to get this dispute settled through international courts or through

bilateral talks with China and with other concerning parties.

43

Yahoo News. Vietnam says all will lose in any South China Sea war. Posted on 30 August 2016. Retrieved 19 May

2017 from https://www.yahoo.com/news/vietnam-says-lose-south-china-sea-war-071343662.html 44

Ibid.

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CHAPTER 4: ANALYSIS ON FINDINGS

By looking through the background and latest situation of the South China Sea issue, the

three conflicting countries—China, the Philippines and Vietnam—have shown their different

stances on how to solve the maritime issues. However, there are some similar points.

China and the Philippines have recently entered to a more mutual understanding since the

new Philippines president took office. Both countries leaders prefer to settle the dispute through

peaceful means which include bilateral talks and negotiation rather than taking provocative military

actions. In principle, the Philippines is able to use other peaceful channels including mediation,

arbitration and international court. However, these types of settlement mechanisms cannot satisfy

China. Thus, both countries are rather focusing on bilateral negotiations now.

China and Vietnam also have expressed their wills to solve the South China Sea issue

through peaceful means. While China prefers bilateral negotiations, Vietnam might need this

mechanism too with careful consideration. Vietnam may consider using other means, such as

mediation, arbitration and court. However, this stance has not yet been clearly determined by the

country. It is still clear that China strongly opposes to any involving from third parties to the

dispute, including great power countries or international courts.

Thus, the similar stance among the three countries in solving the disputes is that they

consider the negotiation channel as the priority choice.

The South China Sea dispute settlement mechanisms preferred by China, the Philippines and

Vietnam can be briefed by the following chart.

Means

Countries

Negotiation

Mediation Arbitration Judicial

Settlement Bilateral Multilateral

China Strongly

prefers

Might

prefer

Might

oppose Opposes

Strongly

opposes

The Philippines Showing

intension Might want Might want Prefers Might want

Vietnam Might want Might want Might want Might prefer

Undisclosed

stance

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CHAPTER 5: CONCLUSION AND RECOMMENDATIONS

Although several mechanisms are available to be applied to settle the South China Sea

disputes, both bilateral and multilateral negotiation channels are likely preferred by the three

conflicting countries. Based on realism, China is able to put pressure on its counterparts in bilateral

negotiations in term of economic and military capacity. However, China chooses to use its

diplomacy means rather than military forces to make sure that it can obtain interests from the South

China Sea without undermining its national security and good relations with its strategic partners,

especially ASEAN.

For the Philippines, its foreign policies toward the South China Sea issue has nearly totally

changed after the new President took office. The country leader prefers bilateral talks with China in

order to get benefits from the South China Sea areas, avoiding any third party military involvement

that may lead to create further tensions between the Philippines and China. As the country needs

more fund to improve its economy and citizens’ livelihood, its policy toward cooperation with

China can bring about benefits shared in the South China Sea areas, political stability and social

development.

Since Vietnam needs to get benefits from the South China Sea areas without spreading

harmfulness to its political stability and economy, the country’s leaders carefully settle the dispute.

Vietnam considers using all possible conflict settlement channels step by step that can maintain

peace and security in the region, provide benefits for the country and satisfy people’s needs.

Although it takes long time to fully solve the South China Sea issue with China, Vietnam begins to

take its first choice of negotiation mechanism that can be harmless to the nation and its people.

Therefore, Cambodia’s stance over the South China Sea settlement should base on the joint

concepts preferred by the three countries concerning to the disputes. Cambodia has so far expressed

its neutral stance on this issue, and it should be kept going on. For the South China Sea dispute

settlement mechanisms, Cambodia should support those that aim at maintaining peace and stability

in the region, keeping strategic partnerships between ASEAN and China, and providing mutual

benefits to the concerned countries as well as to the ASEAN economic development as a whole. In

regard to Foreign Policy toward this issue, Cambodia should express its support to any bilateral

or/and multilateral consultations and negotiations conducted by the conflicting countries to make

sure that the Kingdom can maintain its good relations with those countries, especially China and

ASEAN.

==============

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Appendix

Summary of the Disputes

List of References

Source: https://en.wikipedia.org/wiki/Territorial_disputes_in_the_South_China_Sea