EU ready to assist in West Philippine Sea dispute

BRUSSELS – The European Union (EU) has indicated its readiness to be a useful element of “balance” in the strategic situation in the West Philippine Sea (South China Sea) and may play a mediation role in the territorial dispute.

Speaking on EU-Southeast Asia relations in a briefing at EU headquarters here Wednesday, European External Action Service Southeast Asia Division deputy head Philippe van Amersfoort said EU would welcome any request from the Association of Southeast Asian Nations (ASEAN) to help resolve the dispute.

“As this strategic situation develops EU may be a useful element of balance,” Van Amersfoort said.

“EU is ready to play a role of mediation. That is a challenge on the side of EU. We are happy to do consider that. We really hope (there is) no further escalation.”

He said the East Asia Summit is seeing a lot of strategic thinking by ASEAN in facing China, US decision to engage more in the region, the feeling of anxiety for members like the Philippines and Vietnam and the role China is playing in the world.

Van Amersfoort said the EU believes that territorial disputes should be resolved in accordance with international law through peaceful and cooperative solutions.

EU-Asia Center director Fraser Cameron said during a forum in Manila that the EU supports a rules-based international system and liberty of navigation.

With risk of tensions impacting on trade and investment and the growing importance of energy security, the EU encouraged all parties to clarify the basis for their claims.

The EU believes that territorial disputes should be resolved “in accordance with international law through peaceful and cooperative solutions.”

According to the EU, the West Philippine Sea is a fragile environment, being the largest maritime route after the Mediterranean and a vital corridor for EU trade to and from East Asia where 25 percent of world maritime cargo transit.

It is also a sensitive military area because of US naval presence, and China is also expanding military capabilities in the region that is bordered by 10 countries with long-standing and competing historical claims covering islands, high seas and coastal areas, believed to be rich in oil and gas.

The EU noted the geopolitical factors growing with the involvement of two nuclear powers, China and the US.

“The EU is not directly involved but keen to promote peaceful resolution,” Cameron said.

The Declaration on the Code of Conduct (DOC) in the West Philippine Sea was drawn up in November 2002 after decades of skirmishes over uninhabited reefs.

It binds the parties to consultative and peaceful processes of dispute settlement based on equality and mutual respect.

The DOC also calls for cooperation in environmental protection, scientific research, safety of navigation, search and rescue, and combating transnational crime.

Further skirmishes in 2010 and 2011 usually involving China led to the July 21 agreement at the ASEAN Regional Forum between ASEAN and China on Implementing Guidelines for the Declaration on Conduct in the West Philippine Sea.

ASEAN countries generally welcomed the agreement, though several found it lacking.

The Philippines in particular took a strong position as Vietnam also remained concerned.

“There is no prospect on horizon yet for a binding DOC (but) China open to discuss when conditions are right,” Cameron said.

Citing problems with the status quo, Cameron said uncertainty remains about the sovereignty of the islands and the overlapping claims on the surrounding waters.

The West Philippine Sea is an important source of protein for 300 million people in the region but fishing is not regulated and fishermen from all coastal states seem to exploit marine resources without any restriction.

The resources are over-exploited and the fishing methods (dynamite fishing being very common) are dangerous for the environment.

There is no multilateral instrument to protect the very sensitive ecosystem of the West Philippine Sea with evidence of coral reef erosion.

Maritime traffic is one of the heaviest in the planet and is growing rapidly.

The overlapping claims on the continental shelf prevent any exploitation of the subsoil which holds gas and oil in particular on the coasts of Malaysia, Vietnam, Brunei and China.

Although far from Europe, the EU has important interests at stake in the region.

“EU has ample expertise in sharing sovereignty, resolving difficult issues (common fishing policy, environment) that could be useful for interested countries as well as ASEAN as a whole,” Cameron said.

In 1970 it was agreed that, in principle, EU fishermen should have equal access to member-states’ waters.

Member-states also later decided that the EU was best placed to manage fisheries in the waters under their jurisdiction and to defend their interests in international negotiations.

The Common Fisheries Policy deals with conservation measures, fleet management, environmental issues, control and enforcement, conditions of access to waters and resources.

Cameron said the EU model was still evolving and not really appropriate for Asia although principles are universally applicable.

“EU is also not in a position to lecture Asians,” he said.

“But Asia could cherry-pick some aspect of EU integration (regional aid, monetary cooperation, internal market).”

EU’s experience may also be relevant for the West Philippine Sea, including establishing common fisheries policy and setting quotas for member states and its experience in marine protection and negotiating ever-higher environmental standards for coastal states and resolution of disputes.

The EU is willing to be a useful third party for technical assistance but pointed out that “it is ultimately up to involved parties to resolve the disputes.”

“The only viable solution in the long run is setting aside disputes and joint development,” Cameron said.