Database
on Basic Documents of Japan-ASEAN Relations
Department of
Advanced Social and International Studies,
DECLARATION ON THE
CONDUCT OF PARTIES IN THE
The Governments of
the Member States of ASEAN and the Government of the People's Republic of
REAFFIRMING their
determination to consolidate and develop the friendship and cooperation existing
between their people and governments with the view to promoting a 21st
century-oriented partnership of good neighbourliness
and mutual trust;
COGNIZANT of the
need to promote a peaceful, friendly and harmonious environment in the South
China Sea between ASEAN and China for the enhancement of peace, stability,
economic growth and prosperity in the region;
COMMITTED to
enhancing the principles and objectives of the 1997 Joint Statement of the
Meeting of the Heads of State/Government of the
DESIRING to
enhance favourable conditions for a peaceful and
durable solution of differences and disputes among countries concerned;
HEREBY DECLARE the
following:
1. The Parties
reaffirm their commitment to the purposes and principles of the Charter of the
United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of
Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful
Coexistence, and other universally recognized principles of international law
which shall serve as the basic norms governing state-to-state relations;
2. The Parties are
committed to exploring ways for building trust and confidence in accordance
with the above-mentioned principles and on the basis of equality and mutual
respect;
3. The Parties
reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the
universally recognized principles of international law, including the 1982 UN
Convention on the Law of the Sea;
4. The Parties
concerned undertake to resolve their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat or use of force, through
friendly consultations and negotiations by sovereign states directly concerned,
in accordance with universally recognized principles of international law,
including the 1982 UN Convention on the Law of the Sea;
5. The Parties
undertake to exercise self-restraint in the conduct of activities that would
complicate or escalate disputes and affect peace and stability including, among
others, refraining from action of inhabiting on the presently uninhabited
islands, reefs, shoals, cays, and other features and to handle their
differences in a constructive manner.
Pending the peaceful settlement of
territorial and jurisdictional disputes, the Parties concerned undertake to
intensify efforts to seek ways, in the spirit of cooperation and understanding,
to build trust and confidence between and among them, including:
a. holding dialogues and exchange of views as
appropriate between their defense and military officials;
b. ensuring just and humane treatment of all
persons who are either in danger or in distress;
c. notifying, on a voluntary basis, other Parties
concerned of any impending joint/combined
military exercise; and
d. exchanging, on a voluntary basis, relevant
information.
6. Pending a
comprehensive and durable settlement of the disputes, the Parties concerned may
explore or undertake cooperative activities. These may include the following:
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at
sea;
d. search and rescue operation; and
e. combating transnational crime, including but
not limited to trafficking in illicit drugs, piracy and armed robbery at sea,
and illegal traffic in arms.
The modalities, scope and locations, in
respect of bilateral and multilateral cooperation should be agreed upon by the
Parties concerned prior to their actual implementation.
7. The Parties
concerned stand ready to continue their consultations and dialogues concerning
relevant issues, through modalities to be agreed by them, including regular
consultations on the observance of this Declaration, for the purpose of
promoting good neighbourliness and transparency,
establishing harmony, mutual understanding and cooperation, and facilitating
peaceful resolution of disputes among them;
8. The Parties
undertake to respect the provisions of this Declaration and take actions
consistent therewith;
9. The Parties
encourage other countries to respect the principles contained in this
Declaration;
10. The Parties
concerned reaffirm that the adoption of a code of conduct in the
Done on the Fourth Day of November in the Year Two
Thousand and Two in