China violates the DOC - a challenge for ASEAN.

Unfortunately, in practice, China has repeatedly encroached upon the waters of the Philippines and Vietnam, frequently creating tension and instability in the South China Sea. Particularly serious was the blatant illegal deployment of the HD 981 oil rig on May 2, 2014, at coordinates 15 degrees 29' North latitude – 111 degrees 12' East longitude, entirely within Vietnam's sovereign waters. Simultaneously, China deployed over 80 vessels of various types and aircraft to provide support, spraying water and ramming Vietnamese fishing boats and border guards. This was a blatant act of aggression against the sovereignty of Vietnam – a neighboring country and a member of ASEAN.

Comparing this with the content of the Declaration on the Conduct of Parties in the South China Sea (DOC), to which China is a signatory, it is clear that this country has violated all of the DOC's provisions.

The signatory countries to the DOC all committed to respecting the goals and principles of the UN Charter, the 1982 UN Convention on the Law of the Sea (UNCLOS), the Treaty of Friendship and Cooperation in Southeast Asia (TAC), and the five principles of peaceful coexistence (Article 1). Therefore, by aggressively placing the HD 981 oil rig in Vietnam's sovereign waters, China has denied fundamental principles respected internationally, including the very principles of peaceful coexistence that China itself initiated. This is an act of trampling on the basic principles of modern international relations, and is unacceptable.

The signatories to the Declaration committed to “building mutual trust and confidence” (Article 2), “reaffirming their respect for and commitment to the freedom of navigation and overflight in the South China Sea” (Article 3), and “responsible for resolving territorial and law enforcement disputes by peaceful means without resorting to the threat or use of force, through friendly consultations and negotiations by the directly concerned sovereign states” (Article 4). The question is whether China's deployment of the HD 981 oil rig, with the support of armed forces, constitutes an act of “building trust” by Beijing, or a fulfillment of its commitment to “friendly consultations and negotiations” as it signed? Can the deployment of armed forces to attack Vietnamese ships be called a peaceful act, one that "does not involve the use of force or the threat of force," as they have pledged?

Just a few points are enough to show that the Chinese authorities are acting contrary to what they signed in the DOC. They have actually violated Vietnam's sovereignty and blatantly breached the DOC's contents. This also means they are not genuinely committed to strictly implementing the agreements with ASEAN and are showing a lack of respect for their ASEAN partners. This is a major challenge not only to one or a few ASEAN members but also an arrogant attitude towards all ASEAN nations on the path towards building the Community next year.

The serious situation in the South China Sea was announced by Prime Minister Nguyen Tan Dung at the 24th ASEAN Summit in Myanmar, where he emphasized: “This is the first time China has brazenly deployed an oil rig deep within the continental shelf and exclusive economic zone of an ASEAN country. This constitutes a particularly serious violation of international law, the 1982 United Nations Convention on the Law of the Sea, and also a particularly serious violation of the Declaration on the Conduct of Parties in the South China Sea (DOC), to which China is a signatory. This extremely dangerous action has been and is directly threatening peace, stability, security, and maritime safety in the South China Sea.”

In response to China's aggressive actions, ASEAN, for the first time, included this issue in three important declarations: the ASEAN Foreign Ministers' Declaration, the Nay Pyi Taw Summit Declaration, and the Chairman's Declaration – the President of host country Myanmar. These declarations clearly demonstrate ASEAN's fairly consistent stance, achieving a high level of consensus on resolving South China Sea issues in the spirit of the DOC – a document that China has signed and is obligated to strictly implement.