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FINAL DRAFT RESOLUTION Type A (South China Sea)

The draft resolution was submitted to the UN Security Council regarding the South China Sea conflict. It was sponsored by Iran, Cote d'Ivoire, Belgium, and the US, and signed by 10 countries. The resolution expresses concern over interpretations of sea law leading to conflict and recognizes the 2016 arbitration tribunal award. It also establishes the C-SOSE political mission to manage the conflict according to the UN Charter, addressing negotiation, economy, security, and environment. Furthermore, it calls for a summit on the South China Sea, supports cooperation on military assistance, and requests clarification from the International Tribunal on the Law of the Sea.

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100% found this document useful (1 vote)
790 views6 pages

FINAL DRAFT RESOLUTION Type A (South China Sea)

The draft resolution was submitted to the UN Security Council regarding the South China Sea conflict. It was sponsored by Iran, Cote d'Ivoire, Belgium, and the US, and signed by 10 countries. The resolution expresses concern over interpretations of sea law leading to conflict and recognizes the 2016 arbitration tribunal award. It also establishes the C-SOSE political mission to manage the conflict according to the UN Charter, addressing negotiation, economy, security, and environment. Furthermore, it calls for a summit on the South China Sea, supports cooperation on military assistance, and requests clarification from the International Tribunal on the Law of the Sea.

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Duvan Peña
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Draft Resolution 1.

2
Submitted to: ​UN Security Council
Subject: ​South China Sea conflict
Sponsors: ​Islamic Republic of Iran, Republic of Côte d’Ivoire, Kingdom of Belgium, United
States
Signatory Countries: The Federal Republic of Germany, Islamic Republic of Iran, Republic
of Côte d´lvoire, Republic of Equatorial Guinea, Republic of Indonesia, Republic of Peru,
Republic of Poland, Republic of South Africa, United Kingdom, United States of America.

Concerned about the several misinterpretations on Sea Law as detonate of future international
conflicts,

Recognizing the past concept by the Arbitration Tribunal in 2016 award regarding articles
121, 17, 60, 80, 87 and Part V and XV of the United Nations Convention of The Law of the
Sea of 1982.

Reminding the principle of international cooperation between the international community


and the United Nations committees,

Aware of​, the control and security of the 7 straights lines in the region of South China Sea.

Understanding​ the Declaration on Conduct in the South China Sea (DOC) and the Treaty of
Amity and Cooperation in Southeast Asia (TAC) has been promulgated by the People’s
Republic of China.

Concerned about​ the several interpretations on Sea Law as detonate of future international
conflicts,

Regarding​ the call upon the International Tribunal for the Law of the Sea.

Bearing in mind the nine-dash line acts upon a violation of different Exclusive Economic
Zones, sovereignty, and territorial boundaries,

Taking into account the provisional rules of procedure of the Security Council (rule number
40), article 27 (2) of the UN Charter and the resolution 267 of the General Assembly of 1947
of 1949 which establishes that any recommendation to other organization is procedural
voting.

The Security Council Resolves

1. Promotes the Shangri la Dialogues agenda of 2020 and the US- ASEAN Summit agenda
of 2020 to address the topic of Economic management in the South Sea of China as one of
the first topics;
2. Approves​ as binding the joint statement and comprehends the document as binding.
(Annex 1) The conclusions after the negotiations are the following:
a. The People’s Republic of China will adhere to and accept the Declaration on
the Conduct in the South China Sea (DOC) and the Treaty of Amity and
Cooperation in Southeast Asia (TAC) under a Jus Cogens scope.
b. After the withdrawal of the People’s Republic of China Military bases, the
United States of America will be withdrawn with no lapse that exceeds a 3
month period.

2. Establish the political mission C-SOSE to act upon the conflict of management inside the
South Sea of China under the Articles 29, 41 and 42 of the UN Charter;

3. Recommends​ the political mission of C-SOSE to address 4 main pillars:

● Negotiation
● Economic and Trade
● Security and Military actions on the region
● Environmental treatment;

4. Further requests the Department of Political Affairs inside the management of the Special
Political Mission to promote the Summit of the South Sea of China in cooperation with the
regional bodies inside the area;
5. Recommends to include inside this new Summit of the South Sea of China the countries
with Exclusive Economic Zones or claims of article 76 of the UNCLOS inside the South Sea
of China Convention and experts provided by each of those regional countries;

a) A negotiation summit will be formed by relevant parties, who have stakes on the border
crisis of the South China Sea. This will include bordering countries in the area, the same as
members of the Security Council to ensure transparency.

b) The objective of these negotiations will be focused on two angles, one economic, and one
of the maintenance of the regional and international peace. These negotiations will have as
the main objective, the prevention of armed conflict in the region.

d) A border system will be negotiated in this summit to ensure the parties have a say in the
matter and will try to arrive at an agreement of the separation of the territory of the South
China Sea.

e) The summit would also address the topic of High Seas, the rights and duties inside this
kind of territory according to the UNCLOS convention and other sources of international
public law

6. Calls upon the United Nations Environmental Programme to help the special
Environmental Council of the Political Mission to create the SSP South Sea Special
Programme for help to the environment, therefore, the rights and obligations of the UNCLOS
must be respected by the parties and the international community.

7. Expresses its hope for the Second Commission of the General Assembly (ECOFIN) to
address the topic of the Economic and trade assessment and management inside the South
Sea of China;
8. Supporting ​the creation of a Cooperation body for military assistance of the South Sea of
China from the countries of the South Sea of China, respecting the sovereignty and territorial
integrity of the countries inside the region;

a) The military aspect of the negotiations will address to find an agreement between the
involved countries so as to build a defensive fleet on the South China Sea to ensure
secure trade in the area and the regional economy; this fleet will be formed by the
different countries involved following the possible decisions of the negotiating
summit. This would also act as a short-term solution while the summit arrives at a
more definitive solution.

9. Invites the International Tribunal on the Law of the Sea to create a concept to facilitate the
interpretation of the articles (this respecting the States right to determine the competence of
the bodies):
● Article 55: to clarify the extension of the Economic Exclusive Zone with the artificial
islands.
● Article 87 (d): to clarify which are the limits for the creation of artificial islands

10. Trusts ​the C-SOSE Political Mission to work along with each of the national
governments involved inside the mission;

11. Supports​ the political mission of C-SOSE in the 7 straights lines around the region;

12. Recommends the negotiation and treaties between the countries that are in the straight
zone for better control and security in the straights, and to clarify their maritime limit and its
right of sovereignty;

13. Requests ​the security for the straights in aspects like environmental issues and illegal
trades;

14. Calls upon ​the usage of the Declaration on the Conduct in the South China Sea (DOC)
and the Treaty of Amity and Cooperation in Southeast Asia (TAC). Emphasizing in:
a. Article 3:In pursuance of the purpose of this Treaty the High Contracting
Parties shall endeavor to develop and strengthen the traditional, cultural and
historical ties of friendship, good neighborliness, and cooperation which bind
them together and shall fulfill in good faith the obligations assumed under this
Treaty. In order to promote closer understanding among them, the High
Contracting Parties shall encourage and facilitate contact and intercourse
among their people.

b. Article 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.

15. Constitutes ​the Working Group on Conflict Prevention and Resolution in the South
China Sea (the GOGO-SSea) and the New Solntse Talks (NeS-T) supervised by the Security
Council;

16. Suggests the following agenda for the Working Group of the GOGO-SSea: An
Economic, Political and Military panel, which would be preceded by the NeS-T proposal in
order to fortify the relations in the region and creating a South-China-Sea-Own group of
international agreements between such countries;

17. Invites ​the Working Group on Conflict Prevention and Resolution in the South China Sea
and the NeS-T to add the following delegations: China, Brunei, Indonesia, Malaysia, Taiwan,
Vietnam, Cambodia, Singapore, Thailand, and The Philippines;

18. Commits ​to keep working on the subject;


Annex 1
Statement from the United States of America, the People's Republic of China and the
Federal Republic of Germany Delegations in the United Nations Security Council

After discussions held in the offices of the United Nations Security Council, the People’s
Republic of China, The United States of America and the Federal Republic of Germany held
an agreement that goes as follows:

In the South China Sea, two types of military bases are in place: The FONOPS and the
People’s Republic of China military bases. With the objective of having a binding accord that
establishes a military path to follow for nations, the delegations have acted upon the next
premise.
● After the withdrawal of the People’s Republic of China Military bases, the United
States of America will be withdrawn with no lapse that exceeds a 3 month period.

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