Spratly Island Case Study
i) What is code of conduct from the legal perspective?
The US Legal Definitions defined Code of Conduct as a set of law and regulations to govern appropriate manner or behavior to one organization or group. Thus, COC in the context of legal perspective generally can be divided into two categories. The categories relied on the Code’s legal status, which are soft law and hard law instrument.
Hard law are also refer to compulsory code of conduct (CCOC). According to Abbott and Snidal (2000), hard law possessed a higher standard of legal obligation and precision than compared to soft law. Similarly, CCOC superficially be assign to enforce or delegate interpretation to a third independent party. Thus, CCOC in some cases are more legalize and enforceable. …show more content…
It is undeniably true that the case of Spratly island dispute among China and the claimant states in the region of the Association of South East Asian Nations (ASEAN) have been a major prolonged territorial problem in this region. Throughout all the negotiation process to come into consensus of having a compulsory code of conduct (COC) in this region, none have been successful. But still, claimant states of the Spratly Island stressed the importance of developing and adopting COC to manage the dispute. The few reasons of the needs to stress the development and adaptation of the COC are to prevent military engagement, govern the behavior or manner of states involved and most importantly is to maintain peace and stability in the …show more content…
Tiezzi (2014) stated that during the 2002 Declaration on the Conduct of Parties in South China Sea (DoC) all claimant state had agreed to solve their territorial dispute by not using force or military action against one another. It is clear that in the case of a military stand-off between the claimant states which involve China and the few ASEAN claimant states. China will be the most powerful state that possessed a better military and naval capabilities than compared to those ASEAN states. Thus, the purpose of COC is to regulate the rules and regulations that the veto state will be obliged to their agreement that have been legalized. At the same time, it can control China’s military expansionism in the territory. As China currently suspected in reclaiming reefs to build military bases and artificial factories in South China Sea (Santos, 2015). Ultimately, the importance of COC will help prevent and control military engagement between states claiming the island by creating a balance of power in the region between the super power and the other weaker claimant
The US Legal Definitions defined Code of Conduct as a set of law and regulations to govern appropriate manner or behavior to one organization or group. Thus, COC in the context of legal perspective generally can be divided into two categories. The categories relied on the Code’s legal status, which are soft law and hard law instrument.
Hard law are also refer to compulsory code of conduct (CCOC). According to Abbott and Snidal (2000), hard law possessed a higher standard of legal obligation and precision than compared to soft law. Similarly, CCOC superficially be assign to enforce or delegate interpretation to a third independent party. Thus, CCOC in some cases are more legalize and enforceable. …show more content…
It is undeniably true that the case of Spratly island dispute among China and the claimant states in the region of the Association of South East Asian Nations (ASEAN) have been a major prolonged territorial problem in this region. Throughout all the negotiation process to come into consensus of having a compulsory code of conduct (COC) in this region, none have been successful. But still, claimant states of the Spratly Island stressed the importance of developing and adopting COC to manage the dispute. The few reasons of the needs to stress the development and adaptation of the COC are to prevent military engagement, govern the behavior or manner of states involved and most importantly is to maintain peace and stability in the …show more content…
Tiezzi (2014) stated that during the 2002 Declaration on the Conduct of Parties in South China Sea (DoC) all claimant state had agreed to solve their territorial dispute by not using force or military action against one another. It is clear that in the case of a military stand-off between the claimant states which involve China and the few ASEAN claimant states. China will be the most powerful state that possessed a better military and naval capabilities than compared to those ASEAN states. Thus, the purpose of COC is to regulate the rules and regulations that the veto state will be obliged to their agreement that have been legalized. At the same time, it can control China’s military expansionism in the territory. As China currently suspected in reclaiming reefs to build military bases and artificial factories in South China Sea (Santos, 2015). Ultimately, the importance of COC will help prevent and control military engagement between states claiming the island by creating a balance of power in the region between the super power and the other weaker claimant