Maritime Tensions Highlighted at Jakarta Conference on South China Sea Ruling

The Jakarta conference held on July 13-14 commemorated the ten-year anniversary of the landmark South China Sea arbitration ruling, an event that underscored the ongoing maritime tensions in Southeast Asia. Co-hosted by Philippine and Indonesian institutions, the conference was significant as it was the first time the ruling was commemorated outside the Philippines, signaling a united front against China's assertive actions in the region, according to The Diplomat.

The 2016 arbitral award clarified the legal status of various maritime features and rejected China's claims within its controversial “nine-dash line.” It also confirmed that none of the Spratly Islands can generate a 200-nautical-mile exclusive economic zone under the United Nations Convention on the Law of the Sea (UNCLOS). Additionally, the ruling found China in breach of its environmental obligations due to harmful island-building activities, which analysts at the Philippine Department of Foreign Affairs view as a crucial framework for regional maritime policy.

“The ruling and UNCLOS together form the foundation of Manila’s maritime policy.”Philippine Department of Foreign Affairs

Despite the significance of the ruling, the event faced challenges, particularly from Beijing, which attempted to pressure organizers into canceling the conference. When this failed, China shifted tactics, undermining the event's legitimacy. Reports indicated that Indonesian officials initially slated to attend withdrew shortly before the conference, leading to a diminished representation from the Indonesian government.

At the conference, two contrasting visions of maritime order emerged. The legalist perspective, championed by the Philippines, emphasizes adherence to international law and the belief that legal frameworks can empower smaller states against larger powers. In contrast, a relational view, favored by China and some Southeast Asian nations, prioritizes stability and hierarchical relationships over strict legal adherence. This divide reflects broader geopolitical dynamics, as countries navigate their relationships with China while trying to assert their maritime rights.

Indonesia's position illustrates this hybrid approach. While it has historically acted as a guardian of UNCLOS and rejected China's claims, it has also shown a preference for managing relations with major powers, including China. This ambivalence was evident in Jakarta, where the Foreign Ministry reaffirmed its commitment to international law but refrained from directly referencing the arbitral award in political discussions. A participant noted that cooperation on maritime issues like fisheries and energy is increasingly seen as difficult without acknowledging the ruling.

“It is difficult to imagine cooperation on fisheries or energy without acknowledging the ruling.”Conference participant

Other Southeast Asian countries, such as Malaysia and Vietnam, have adopted similar hedging strategies, acknowledging the ruling's significance without fully endorsing it. This cautious approach reflects a desire to maintain favorable relations with China while also recognizing the importance of legal frameworks in regional disputes. The ongoing tension between these two approaches was palpable at the Jakarta conference, where discussions highlighted the need for consensus-building and cooperation among Southeast Asian nations.

Despite the challenges, the Jakarta conference served as a testament to the resilience of the legalist perspective in Southeast Asia. Even amidst Chinese pressure, the event went ahead, albeit in a reduced format, demonstrating that maritime orders are shaped through ongoing dialogue and participation. The future of maritime governance in the region will likely depend on how states balance their relationships with China against their commitments to international law.