US should change tack in South China Sea

By Jin Yongming China Daily, October 13, 2015

Being two major players in the Asia-Pacific area, China and the US share the responsibility to improve the management of military activities in the region's economic zones. Likewise, they should deal rationally with their disputes over the innocent passage of warships through territorial waters, which largely depends on providing advance notice.

Indeed, there has no international law on innocent passage recognized by the entire international community, but it is undoubtedly necessary for all foreign warships to obey the relevant local rules and regulations should they attempt to cross other countries' territorial waters, regardless of innocent intentions.

Therefore, both countries should fully analyze their disputes over innocent passage, based on UNCLOS, which stipulates that coastal states have the right to make their own laws and regulations to govern the passage of foreign warships through their territorial waters and safeguard maritime stability.

On its part, China is becoming more active in attempting to resolve the South China Sea issues, namely by launching more construction projects around the Nansha Islands, providing public goods, seeking negotiations to establish a Code of Conduct in the waters and adopting a dual track approach based on consensus with the members of the Association of Southeast Asian Nations that the disputes should be resolved through direct negotiations between disputing parties and peace and stability should be maintained through joint efforts.

The US needs to take a more inclusive and constructive approach to the South China Sea. It should remain neutral on the territorial disputes and stop giving unprincipled protection (military aid, joint drills, defense treaties) to some of its allies, such as the Philippines. If it truly wants to boost the progress that some regional players have made so far in shelving the maritime disparities, instead of further complicating the South China Sea issues, it has to display some sincerity to the international community.

The author is director of the Ocean Strategy Studies Center at the Shanghai Academy of Social Sciences.

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