Bridging UNCLOS and ZoPFFC
September 22, 2011:
The Philippines will be hosting the Association of Southeast Asian Nations (Asean) Maritime Legal Experts’ Meeting this week to discuss Manila’s proposal for a Zone of Peace, Freedom, Friendship and Cooperation (ZoPFF/C) in the settlement of the West Philippine Sea (South China Sea) dispute.
Maritime legal experts from the 10 Asean member-states –
1. The Philippines
2. Brunei Darussalam
3. Malaysia
4. Indonesia
5. Singapore
6. Vietnam
7. Cambodia
8. Laos
9. Thailand
10. Myanmar–
The meeting will converge in Manila this 3rd week of September 2011.
The meeting was based on the decision of the Asean foreign ministers during the 44th Asean Foreign Ministers Meeting in Bali, Indonesia “to study the proposal with the assistance of maritime legal experts.”
“The meeting seeks to establish a common understanding among Asean member-states on the ZoPFF/C proposal,” the Department of Foreign Affairs (DFA) said in a statement.
Its findings will be reported to the Asean Senior Officials' Meeting (Asean SOM), which will then make recommendations for the Asean Foreign Ministers to consider before the 19th Asean Summit in November 2011 in Bali, Indonesia.
The said meeting will be held at the Sofitel Philippine Plaza in Pasay City (Metro Manila).
Under the Philippine-proposed ZoPFF/C, Foreign Affairs Secretary Albert del Rosario said that disputed areas of the Spratly Islands must be segregated from the undisputed areas as consistent with the United Nations Convention on the Law of the Sea (UNCLOS).
In this framework, disputed areas can be transformed into an area of joint cooperation while undisputed areas will solely be under the jurisdiction of a particular claimant-country.
Spratly Islands is a group of islets, reefs and atolls that are purportedly rich in oil and mineral reserves.
They are being claimed in whole by China and in part by the Philippines, Vietnam, Taiwan, Malaysia and Brunei Darussalam.
The past months saw the flaring of political tensions between Beijing, Manila and Hanoi over alleged increasing Chinese military activities in the contested waters.
As the Philippine government lodged diplomatic protests over the perceived Chinese intrusions, Beijing was quick to deny the allegations.
Del Rosario said that the issue be settled under maritime international laws, and even suggested it to be brought before the United Nations-backed International Tribunal on the Law of the Seas (ITLOS).
The Asian economic powerhouse, however, remained adamant that it will only negotiate with claimant-countries in a bilateral level.
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