ASEAN split on how to deal with China in South China Sea row

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VIENTIANE, Laos — For 49 years, the unity of Southeast Asia’s main grouping has hinged on its founding principle: decisions by consensus. But that cardinal rule is now proving to be the biggest headache for its members, who began important meetings this weekend deeply divided on how to deal with China’s territorial expansion in the South China Sea.

VIENTIANE, Laos — For 49 years, the unity of Southeast Asia’s main grouping has hinged on its founding principle: decisions by consensus. But that cardinal rule is now proving to be the biggest headache for its members, who began important meetings this weekend deeply divided on how to deal with China’s territorial expansion in the South China Sea.

The foreign ministers of the 10 members of the Association of Southeast Asian Nations gather today for talks that are expected to focus on the July 12 decision by The Hague-based tribunal in a dispute between China and the Philippines. The Permanent Court of Arbitration found that China had no basis for its expansive claims to territorial waters around the Philippines. China has similar claims against other ASEAN nations, including Vietnam and Malaysia, and the ruling should have emboldened the grouping to challenge Beijing more forcibly.

One avenue for ASEAN to show its teeth is through a joint statement.

Easier said than done, however, with the nagging consensus principle getting in the way. Laos, which has assumed the rotating chairmanship of ASEAN this year, is a staunch China ally and is unlikely to allow an open slap by other regional colleagues on a trusted friend. By its side is Cambodia, another China ally.

Including a reference to the tribunal’s ruling in the final communique “is a difficult issue that requires efforts of all parties,” said Tran Viet Thai, deputy director of the Institute of Strategic Studies, a Vietnamese government think-tank.

Still, ASEAN will have to make a statement on the ruling, Thai said. “They cannot avoid it at such a major and international event,” he said. “The issue is how Laos will play their host role and how other countries contribute to the success of the meetings.”

Thai described the tribunal’s ruling as very important because, theoretically at least, it should help resolve disputes, uphold the law and clarify the stance of the parties. “But at this point, it is not a magic stick … it’s not a solution to everything, but rather it needs to be combined with other measures,” he said.

The South China Sea is dotted with reefs and rocky outcroppings that several governments claim, including China and the Philippines. The arbitration panel didn’t take a position on who owns the disputed territories.

It did conclude that many of them are legally rocks, even if they’ve been built into islands, and therefore do not include the international rights to develop the surrounding waters.