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Proceedings of the Second Manila Conference on The Proceedings of the Second Manila Conference on the South China Sea: Managing Tensions, Revisiting Regional Efforts, and Fostering Cooperation (03-04 August 2016, Manila, Philippines) FOREWORD Developments in the South China Sea pose a challenge to ASEAN’s unity and regional security. This posits an urgent need to manage tensions and foster cooperation which many hope may loom large in the foreign policy considerations motivated the holding of the Second Manila Conference on the South China Sea 2016. Thispublication presents the proceedings of the second Manila Conference on the South China Sea held on 3–4 August 2016. The conference was a follow- through of an initiative by the Philippines in 2011 to gather South China Sea scholars in a Track Two forum. Bothof escalating the first tensionsand the second among Manila the claimant Conferences and relevant were held non-claimant against the states. backdrop The 2011 conference, with the theme “Toward a Region of Peace, Cooperation, and Progress,”China Declaration was convened on the after Conduct a breakdown of Parties of in confidence the South inChina the 2002 Sea and ASEAN- in a legally-binding code of conduct the declaration had aspired to. Five years later, the 2016 conference, with the theme “Managing Tensions, Revisiting Regional Efforts, and Fostering Cooperation,” was conducted to cover the security and foreign policy implications of major developments on the ground, including China’s reclamation activities in the Spratlys and the Philippines’ arbitration case. In these junctures where Track One discussions seemed to have come at a standstill, the Foreign Service Institute (FSI) and its partners—the National Defense College of the Philippines and the Diplomatic Academy of Vietnam in 2011, and the Griffith University–Griffith Asia Institute, The Asia Foundation, andConferences the New Eraas a University–ASEAN modest Track Two Studies alternative Center for in 2016—offeredacademic discussion the Manila and friendly interaction on the possible ways forward on the South China Sea. The FSI wishes to extend its deepest gratitude to the New Era University– ASEANthat the Studies ideas that Center have (NEU-ASC) transpired for during preparing the conference this publication are readily and availableensuring for interested readers and researchers. The FSI is also preparing a separate publication collecting the papers presented during the conference as an additional academic resource on the South China Sea. Together, these two publications are the humble contributions of Track Two institutions like the FSI andpeace the in NEU-ASC the South toward China Sea.increasing the level of scholarship on building lasting Claro S. Cristobal Director-General Foreign Service Institute MESSAGE Theto have New its Era own University ASEAN (NEU) Studies is theCenter first academic(ASC). Inaugurated institution onin the February Philippines 29, 2016, the ASC aims at fostering academic discussions on the current state of affairs within the ASEAN. This is accomplished through close collaboration between the University, the Eagle Broadcasting Corporation (EBC), and thethrough Development the ASEAN Academy Studies Center,of the shallPhilippines be an active (DAP).The participant New Era in theUniversity, ASEAN discourse. The learning institution shall be a gateway for both tangible and intangible items related to South East Asian education, politics, and technology.venue for ideaWe furathergeneration envision and liaisonsthe University, among through professionals the ASC, and to serve scholars as a coming from the different ASEAN countries. Through partnerships and collaboration, we aim at producing meaningful and innovative studies for theform benefit of curricular of our improvement,students, faculty, action and research, stakeholders. or policy These papers. may be in the (FSI) in Recently,conducting the the University Second partnered Manila Conference with the Foreignon the SouthService China Institute Sea Conflict.Institute andWe Theare alsoAsia fortunate Foundation to have as theco-sponsors Griffith University-Griffith for this undertaking. Asia With the theme "Managing Tensions, Revisiting Regional Efforts, and Fostering Cooperation," the two-day conference became a laboratory of knowledge sharing, eliciting critical thought pieces among the participants from the academe. Being a senior educator, it is my sincerest belief that learning should go beyond the walls of the classroom. For a topic as sensitive and as controversial as the South China Sea dispute, we have to be extremely careful with the facts since public opinion on the matter is already heated. Conferences (such as this two-day affair) are a viable source of valuable learning experience, as the participants are able to access information directlyThe academic from the approach experts of through the conference interactive offers discussion a well-balanced and clarification. and lucid discussion of the issues, while at the same time teaches students the methods in policymaking and international detente. The conference is only one of the accomplishments of the ASC in its maiden year. Another concrete result of the ASC is the ASEAN Learning Resource Center housed within the College of Law Library at the Professional Schools Building, a by-product of the different linkages established last year. Beyond that, The ASC was able to establish contacts with the MGIMO (MoscowCenter, ASEAN-lndia State Institute Center, for International and the ASEAN Relations) Secretariat University, in Jakarta, ASEAN-China Indonesia. InPhilippines, the local whichfront, wehas have a center been ablethat to deals link upwith with Asian the studies. University Before of the year 2016 ended, highly esteemed Russian scholar Dr. Ekaterina Koldunova was able to share her insights on Russian politics and foreign policy, and its significance to the ASEAN. In the coming months, the University, through the ASC, intends to offerwhich a aims Certificate at contributing Program on to International the Filipino Relations people's and understanding ASEAN Studies, of international relations, foreign affairs and ASEAN. Furthermore, as the NEU- ASCfor the celebrates year. its first anniversary, several publications are already lined up Before we draw to a close, we would like to thank the Executive Minister of the Iglesia ni Cristo, us the opportunity of a lifetime Brother to beEDUARDO able to V. reachMANALO, out for to allowing people beyondof Trustees, our especially national waters.its Chairperson, We would Atty. also Dorothy like to Kristinethank the M.NEU Orosa,Board for encouraging us to reach stratospheric heights of academic success. Finally,and their we partner congratulate institutions the officers for a andjob wellstaff done.of the ThereNEU-ASEAN is more Studies work Center to be done, especially now that country is in the midst of preparations for the 2017 ASEANally in our Summit. mission As to such, enlighten may everythe NEU- Filipino, ASEAN and Studies every SouthCenter East be aAsian, staunch on the importance of the regional association. Nilo L. Rosas President New Era University Table of Contents MESSAGE FOREWORD BACKGROUNDPROCEEDINGS . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 12 Opening Remarks Hon. Claro S. Cristobal . 2 Keynote Address Secretary Perfecto R. Yasay, Jr. 3 Session 1: Changes in Strategic Environment and Implications for Regional Security and Extra-regional Dynamics Professor Herman Joseph S. Kraft . 7 Professor Michael Heazle . 9 Ms. Sumathy Permal . 12 Open Forum . 15 Panel Chair’s Profile . 18 Session 2: The Application of International Law to the South China Sea Disputes A. The United Nations Convention on the Law of the Sea and the South China Sea Disputes . 19 Mr. Tullio Treves . 19 Hon. Henry S. Bensurto, Jr. 23 Dr. Nguyen Thi Lan Anh . 26 Dr. Clive Symmons . 29 Open Forum . 31 Panel Chair’s Profile . 33 B. International Law On Principles Of Self-Restrain and Non-Use Of Force In Disputes . 34 Ambassador Shingo Yamagami . 34 Dr. Jay L. Batongbacal . 37 Professor Leszek Buszynski . .. 39 Open Forum . 42 Panel Chair’s Profile . 43 Session 3: International Norms and Rules: Lessons Learned From Other Disputes Dr. Lowell Bautista . 44 Mr. Damos Agusman . 48 Open Forum . 51 Panel Chair’s Profile . 53 Session 4: International Norms and Rules: The Code of Conduct and Other Remedies in the South China Sea Ms. Mary Fides A. Quintos . 54 Dr. Nong Hong . 58 Professor Robert Beckman . 62 Open Forum . 66 Panel Chair’s Profile . 69 Closing Session: Summary, Conclusion, and the Way Forward Synthesis . 70 Professor Charmaine Misalucha-Willoughby . 70 Reflections on the Way Forward . 72 Hon. Claro S. Cristobal . 72 Professor Ian Hall . 73 Closing Remarks Hon. Alfredo E. Pascual . 75 THE ORGANIZERS Foreign Service Institute. 77 Griffith Asia Institute . 79 New Era University- ASEAN Studies Center . 80 The Asia Foundation . ..
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