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Towards a rigorous Code of Conduct for the South China Sea

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Indonesian Airforce's F-16 Jet Fighter flies over Indonesian navy warship during an operation in Natuna, near the South China Sea, Indonesia, 10 January 2020 (Photo: Reuters/Antara Foto).

Author: Aristyo Rizka Darmawan, University of Indonesia

The South China Sea became an important highlight of the recent ASEAN Defence Ministers’ Meeting-Plus. All delegations agreed that maintaining peace and security in the disputed area is one of the most important issues in the region and called for unity in the defence sector. To keep the peace it will be necessary to preserve the momentum in the negotiations for a South China Sea Code of Conduct (COC).

COC negotiations have already been delayed a year due to the COVID-19 pandemic. Indonesia had proposed hosting negotiations in person this July, but due to the worsening second wave of COVID-19 in Jakarta, it will was postponed. It is unlikely that the COC will meet previously expected deadlines and conclude later this year. As Evan Laksmana argued, ‘parties should create a high-quality guideline rather than rushing through some artificial timeline proposed by China’.

Even though the substance of the negotiations is confidential, there seems to be at least four important legal issues that must be considered and addressed going forward.

First, firm agreement needs to be established on the geographic scope of the COC. It is important that the COC be limited to legitimate overlapping claims under international law. All negotiating parties should propose their claimed area based on the United Nations Conventions on the Law of the Sea (UNCLOS), including the maximum claim for exclusive economic zones being 200 nautical miles from baseline.

The COC should not negotiate any claim that is not legal under international law, including under UNCLOS. Any claim based on a historical basis not recognised under UNCLOS should be unacceptable, including China’s nine-dash line, which the 2016 Permanent Court of Arbitration tribunal ruled as illegal. The COC’s scope will be important to avoid formalising any claim that has already been ruled illegal.

Second, whether the COC is legally binding on parties is the second significant issue. The COC will be more effective if all parties consider it to be a legally binding document. This will create certainty and provide a clear dispute settlement mechanism for violations. To agree upon a legally binding document will not be easy. Some claimants would prefer the COC to serve more as a guideline rather than as a legally binding document.

Third, regardless of whether the COC becomes legally binding, it will be crucial to build monitoring and compliance mechanisms to ensure its effectiveness. The success of the COC should be measured by the extent to which the COC is adhered to by all parties.

The COC could establish a body that has the authority to gather non-compliance information. This independent body would need to consist of representatives of all parties to be trusted and report regularly on COC compliance.

Establishing such a body will involve decisions on who can report information regarding non-compliance, including wherther civil society, non-governmental organisations and fishermen from any state can report directly to the body, or whether access will be limited to government officials.

Fourth, the COC should also have a dispute settlement mechanism. Disputes should be expected and could surround interpretations of the agreement, or the implementation and application of obligations under the agreement. Most significant treaties have a dispute settlement process, including at least an agreement that parties should attempt bilateral negotiations before initiating more formal and in-built dispute settlement mechanisms.

The COC can choose from many existing international forums to settle disputes between states, such as the International Court of Justice and the Permanent Court of Arbitration in The Hague, or the International Tribunal for the Law of the Sea in Hamburg. Another issue is whether the dispute settlement mechanism should be compulsory. Some international treaties such as UNCLOS have a mandatory dispute settlement mechanism for all parties.

As the South China Sea COC negotiations move forward, it is important that the fundamental legal issues are considered. The peace and security of the region is at stake.

Aristyo Rizka Darmawan is a Lecturer in International Law at the Center for Sustainable Ocean Policy, University of Indonesia.

The post Towards a rigorous Code of Conduct for the South China Sea first appeared on East Asia Forum.

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China’s November 2024 Economy: Navigating Mixed Signals and Ongoing Challenges

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In November 2024, China’s economy exhibited mixed results: industrial production rose by 5.4%, while retail sales grew only 3%, below forecasts. Fixed asset investment also faltered. Policymakers are anticipated to introduce measures to stimulate domestic demand and combat deflation.


China’s economy showed mixed performance in November 2024, with industrial production and exports showing resilience, while retail sales and fixed asset investment underperformed, amid ongoing challenges in the property sector. Policymakers are expected to implement targeted fiscal and monetary measures to boost domestic demand and address deflationary pressures.

The National Bureau of Statistics (NBS) has released China’s economy data for November 2024, revealing a mixed performance across key indicators. Retail sales grew by 3 percent year-on-year, a significant slowdown from October’s 4.8 percent growth and well below the 4.6 percent forecast. Industrial production, however, showed resilience, rising by 5.4 percent and exceeding expectations of 5.3 percent growth.

The property sector continued to drag on the broader economy, with real estate investment contracting by 10.4 percent for the January-to-November period, further highlighting the challenges in stabilizing the sector. Fixed asset investment also fell short of expectations, growing by 3.3 percent year-to-date, down from 3.4 percent in October.

In November, China’s industrial value added (IVA) grew by 5.4 percent year-on-year (YoY), slightly accelerating from the 5.3 percent recorded in October. This modest improvement reflects continued recovery in key industries, supported by recent stimulus measures aimed at stabilizing the economy.

The manufacturing sector led the growth, expanding by 6.0 percent YoY, while the power, heat, gas, and water production and supply sector grew by 1.6 percent. The mining industry posted a 4.2 percent YoY increase. Notably, advanced industries outpaced overall growth, with equipment manufacturing and high-tech manufacturing rising by 7.6 percent and 7.8 percent YoY, respectively, underscoring the resilience of China’s innovation-driven sectors.

Key product categories showed robust output gains in November:

From January to November, IVA increased by 5.8 percent YoY, maintaining steady growth over the year despite headwinds from a slowing property market and external uncertainties.


This article was first published by China Briefing , which is produced by Dezan Shira & Associates. The firm assists foreign investors throughout Asia from offices across the world, including in in ChinaHong KongVietnamSingapore, and India . Readers may write to info@dezshira.com for more support.

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Ukraine war: 10% of Chinese people are willing to boycott Russian goods over invasion – new study

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Since Russia’s 2022 invasion of Ukraine, some Chinese citizens express dissent through potential boycotts of Russian goods, reflecting a complex relationship despite government support for Russia.

Since Russia invaded Ukraine in 2022, the Chinese government has been criticised for its refusal to condemn the war. In 2024, the economic and diplomatic relationship between the two nations appears stronger than ever.

Because of strict censorship and repression imposed by the Chinese Communist Party (CCP), it is difficult to know the extent to which the general public shares their government’s support of Putin’s regime. But a newly published study I carried out with colleagues found that more than 10% of Chinese people surveyed were willing to boycott Russian goods over the war in Ukraine.

This is a surprisingly large figure, especially since existing surveys indicate that Chinese people hold a broadly positive view of their neighbour. We used a representative sample of 3,029 Chinese citizens for this research, to dig into public attitudes to Russia. The survey was done in 2022 after the Ukraine invasion.

We were aware that due to widespread censorship, our participants might not be willing to give honest answers to questions about Russia’s actions in Ukraine. They might also not feel safe to do that in a regime where disagreement with the CCP’s position is often met with harsh punishment. This is why we asked them to tell us if they would be willing to boycott Russian products currently sold in China.

We felt this question was a good indicator of how much the participants disapproved of Russian foreign policy in Ukraine. More importantly, we were also curious to find out whether Chinese citizens would be willing to take direct political action to punish Russia economically for its aggressive behaviour.

In our study, we split respondents into the three different ideological groups in China: “liberals”, who support the free market and oppose authoritarianism; “the new left”, who sympathise with the policies pursued in China under Mao Zedong; and “neo-authoritarians”, who believe the Russian-Ukrainian conflict is an extension of the rivalry between authoritarian China and the liberal United States. These groups were based on the main political beliefs in China.

We found that liberals were most likely to say they were willing to boycott Russian products. Liberals believe that China should work with, rather than against, western democracies. They also place a high value on human rights and democratic freedoms. Because of their beliefs, they are likely to think that Russia’s actions against Ukraine were unprovoked, aggressive and disproportional.

Chinese and Russian economic and diplomatic relations seem closer than ever in 2024.
American Photo Archive/Alamy

The new left and neo-authoritarians we surveyed were more supportive of Russian products. The new left see Russia as a close ally and believe that Nato’s expansion in eastern Europe was a form of aggression. Neo-authoritarians, on the other hand, believe that supporting Russia, an allied autocracy, is in China’s best interest.

Boycotting Russian goods

Asking Chinese participants if they are willing to boycott Russian products might seem like a simple matter of consumer preferences. However, our study reveals a great deal about the way in which regular citizens can express controversial political beliefs in a repressive authoritarian regime.

Boycotting products of certain companies has long been studied in the west as a form of unconventional political action that helps people express their beliefs. However, in the west, boycotting certain products is simply one of many ways people are able to take political action. In a country such as China, boycotting a Russian product might often be the only safe way to express disagreement with the country’s actions.

This is because citizens do not have to tell others they chose not to buy a product, and their actions are unlikely to attract the attention of the authorities.

Since Russian goods are readily available to Chinese consumers and China is encouraging more Russian exports to reach its market, the Russian economy could be significantly affected by an organised boycott campaign in China. The considerable level of support for a boycott expressed by some of our participants, as well as previous acts of solidarity with Ukraine in China, suggest that such a campaign could already be taking place in the country.

This could harm Russia because it regularly exports a number of different products such as meat, chocolate, tea and wine to China. These goods made up 5.1% of China’s total imports in 2023 – and this figure is likely to increase if Russia becomes more isolated from the west, and therefore more dependent on China for its trade.

While 5.1% of the Chinese market might seem like a low figure, China is home to over 1.4 billion people. In this context, even a small boycott could result in a serious loss to Russian companies.

Our research shows that Chinese citizens don’t always support the official position of the communist party. It also shows that many people there will express even the most unpopular political opinions – if they can find a safe way to do it.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Australia Can Enhance China’s Credibility in the CPTPP

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In early 2024, China sought to join the CPTPP, potentially offering modest economic benefits to Australia. Key reforms include limiting state-owned enterprise subsidies, enhancing data flows, and banning forced labor.


China’s Interest in the CPTPP

In early 2024, China expressed a keen interest in joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), a trade agreement involving eleven Pacific Rim economies and the United Kingdom. This move is anticipated to yield modest economic benefits for Australia. However, it also opens the door for vital reforms in areas such as the control of subsidies for state-owned enterprises, allowing free cross-border data flows, and prohibiting forced labor practices.

Economic Implications for Australia

A May 2024 report from the Australian Productivity Commission indicated that China’s accession to the CPTPP might raise Australia’s GDP by only 0.01%. This modest gain isn’t surprising, given Australia’s existing preferential trade arrangement with China through the Regional Comprehensive Economic Partnership. Nonetheless, the CPTPP encompasses more than just tariff reductions, focusing on broader trade principles and standards.

Reform Commitments Required from China

For China to become a CPTPP member, it must demonstrate adherence to high-standard rules initially developed with the country in mind. This commitment will help alleviate concerns among member nations like Japan and Canada, particularly regarding China’s economic practices and geopolitical tensions, such as those with Taiwan. Membership would necessitate reforms, including limiting SOE subsidies, enabling freer data flows, and banning forced labor, with significant penalties for non-compliance.

Source : Australia can encourage China’s credibility in the CPTPP

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