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United Nations S/RES/1.

1 (2016)

Security Council
Topic: South China Sea Dispute
Sponsor: Cambodia, China, Russian Federation
Signatories: USA, India, Brunei, France, Indonesia

Resolution 1.1 (2016)


The Security Council,
Reaffirming its primary responsibility under the Charter of the United Nations for the
maintenance of international peace and security and its readiness to strive for sustainable
peace in all situations under its consideration,
Reaffirming that the objective of ASEAN is to promote peace and stability through
abiding respect for justice and the rule of law, as embodied in the ASEAN Declaration of
1967,
Recalling that past resolutions the United Nations Convention on the Law of the Seas
(UNCLOS), the 2002 Declaration on the Conduct of Parties in South China Sea, have not
been fully effective in helping to solving the dispute,
Acknowledging Article 73, part 3, of the United Nations Convention on the Law of
the Sea, which imposes a duty upon states to negotiate in good faith,
Recognizing the 2002 Declaration on the Conduct of Parties in South China Sea,
which stated that dispute must be resolved through peaceful means, without resorting to
threat or use of force and through friendly consultations and negotiations by sovereign states
directly concerned,
Deeply concerned on escalation of conflict among the claimant states arising from the
overlapping jurisdictional and territorial claims in the South China Sea,
Acknowledging that the South China Sea is a one of the most strategic waterways, as
it contains abundant trade, fish, oil and gas,
Recognizing the potential for worldwide violence as a result of this dispute,
Stressing the importance of reaching a compromise and noting that past attempts at
negotiations have proven unsuccessful to avoid potential violence.
1. Urges military, both maritime and air force, from each disputed country to directly
communicate in order to defuse tensions in the case of a crisis, prevent escalation and
as a means of confidence-building measures
a. Maritime and air communication mechanisms must be in place to ensure
effectiveness, such mechanisms include:
i. Provisions for both scheduled and emergency meeting during
escalation of conflict between disputed countries;
1. Scheduled meetings between military of disputed countries
should be held semi-annually;
a. Such meeting should not discuss sovereignty matter,
but rather discuss matters such as, but limited to:
i. Specific incidents that took place;
ii. Improving the safety of aircrafts and vessels;
2. In the case of an escalation of conflict, emergency meetings
should be held;
ii. Military hotline between naval and air force should include a clear
protocol and a point of contact;
1. Such hotlines include:
a. Secure phone lines;
b. Secure video conference lines;
2. Encourages South East Asian Nations to formulate and adopt the successor of 2002
Declaration on the Conduct of Parties in South China Sea, namely the Code of
Conduct of Parties in the South China Sea by the 31 December 2017
a. Code of Conduct should be binding arrangement between China and ASEAN
Countries;
b. Code of conduct should state in detail regarding:
i. Framework and mechanism for bilateral and multilateral negotiations
between disputed nations;
ii. Military communication mechanisms;
iii. Joint resource development mechanisms;
iv. Joint marine scientific research;
v. Timeline for final delimitation;

3. Encourages for a moratorium for resource exploitation in overlapping areas pending


final delimitations as it represents prejudice to the final delimitation agreement, thus
violating UNCLOS 74(3) and UNCLOS 83(3);
4. Requests nations with disputed areas to enter a provisional agreement of a practical
nature during the transitional period, as stated in UNCLOS 74(3) and UNCLOS 83(3)
a. Such provisional agreements include joint development of resources as a
mean to prevent conflict regarding resources and increase cooperation
between countries;
b. Joint development of resources, as a means of confidence-building measures,
must be limited to maritime areas which are in dispute;
c. Joint development of resource must be legally binding and agreed upon
bilaterally or multilaterally between countries with competing claims;
d. Joint development of resources should include a multilateral patrolling
mechanisms;
e. Such arrangements include:
i. Joint development of fisheries;
ii. Joint development of oil and gas;
5. Underlines the importance of peaceful bilateral and multilateral negotiations as well
as constructive dialogues between disputed countries as a means to solve dispute;
a. Once a decision has been made, it must be integrated into each nations local
law for the decision to be legally binding;
6. Deplores the use of third-party settlement without the consent of disputed parties for
it further complicates the dispute;
a. However, if and only if, there is a mutual consent between the disputed parties
as well as a pressing need for the participation of a neutral third party,
agreement can conduct a third party as long as it fulfills the following:
i. Conditions for neutrality include:
1. Countries that border the South China Sea are not considered
neutral;
2. Countries that have official military and defense relationships
with disputed countries are not considered neutral;
ii. Third party can only observe and give opinions but cannot impose any
legally binding actions;

7. Calls for the implementation of a demilitarized zone in the case where above
confidence building measures has not proven to be successful in de-escalating the
issue and has failed to prevent a conflict;
a. An issue would be defined to be a conflict if all military dialogues through
hotlines and direct meeting have failed in clearing this issue and if the UNSC
deems it as a conflict;
b. The demilitarized zone would only be implemented in regions where the
conflict that resulted in a DMZ has occurred;
c. The radius of the DMZ should not exceed 10 nautical miles measured from
the continental shelf of the disputed region;
d. The DMZ shall be terminated after an official summit regarding the steps
needed to be taken to solve the south china sea dispute has been done and the
DMZ shall be terminated regardless of the result of the convention;
8. Calls for nations to respect UNCLOS;
9. Respects the Freedom of Navigation of nations in the South China Sea as long as
there is no attempt to violate the laws of coastal state and is pre-notified through
communication mechanisms put forward in clause 1 before any operation has been
deployed;
10. Decides to remain seized of the matter.

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