Quan hệ chính trị - ngoại giao, an ninh của ASEAN với Trung Quốc và Nhật Bản 1991 - 2010

mechanisms and measures to strengthen the implementation of its existing economic initiatives including the ASEAN Free Trade Area (AFTA), ASEAN Framework Agreement on Services (AFAS) and ASEAN Investment Area (AIA); accelerate regional integration in the priority sectors; facilitate movement of business persons, skilled labour and talents; and strengthen the institutional mechanisms of ASEAN, including the improvement of the existing ASEAN Dispute Settlement Mechanism to ensure expeditious and legally binding resolution of any economic disputes. As a first step towards the realization of the ASEAN Economic Community, ASEAN shall implement the recommendations of the High Level Task Force on ASEAN Economic Integration as annexed.

4. The ASEAN Economic Community shall ensure that deepening and broadening integration of ASEAN shall be accompanied by technical and development cooperation in order to address the development divide and accelerate the economic integration of Cambodia, Lao PDR, Myanmar and Viet Nam through IAI and RIA so that the benefits of ASEAN integration are shared and enable all ASEAN Member Countries to move forward in a unified manner.

5. The realization of a fully integrated economic community requires implementation of both liberalization and cooperation measures. There is a need to enhance cooperation and integration activities in other areas. These will involve, among others, human resources development and capacity building; recognition of educational qualifications; closer consultation on macroeconomic and financial policies; trade financing measures; enhanced infrastructure and communications connectivity; development of electronic transactions through e-ASEAN; integrating industries across the region to promote regional sourcing; and enhancing private sector involvement.

C. ASEAN SOCIO-CULTURAL COMMUNITY (ASCC)

1. The ASEAN Socio-cultural Community, in consonance with the goal set by ASEAN Vision 2020, envisages a Southeast Asia bonded together in partnership as a community of caring societies.

2. In line with the programme of action set by the 1976 Declaration of ASEAN Concord, the Community shall foster cooperation in social development aimed at raising the standard of living of disadvantaged groups and the rural population, and

shall seek the active involvement of all sectors of society, in particular women, youth, and local communities.

3. ASEAN shall ensure that its work force shall be prepared for, and benefit from, economic integration by investing more resources for basic and higher education, training, science and technology development, job creation, and social protection. The development and enhancement of human resources is a key strategy for employment generation, alleviating poverty and socio-economic disparities, and ensuring economic growth with equity. ASEAN shall continue existing efforts to promote regional mobility and mutual recognition of professional credentials, talents, and skills development.

4. ASEAN shall further intensify cooperation in the area of public health, including in the prevention and control of infectious diseases, such as HIV/AIDS and SARS, and support joint regional actions to increase access to affordable medicines. The security of the Community is enhanced when poverty and diseases are held in check, and the peoples of ASEAN are assured of adequate health care.

5. The Community shall nurture talent and promote interaction among ASEAN scholars, writers, artists and media practitioners to help preserve and promote ASEAN's diverse cultural heritage while fostering regional identity as well as cultivating people's awareness of ASEAN.

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6. The Community shall intensify cooperation in addressing problems associated with population growth, unemployment, environmental degradation and transboundary pollution as well as disaster management in the region to enable individual members to fully realize their development potentials and to enhance the mutual ASEAN spirit.

We hereby pledge to our peoples our resolve and commitment to bring the ASEAN Community into reality and, for this purpose, task the concerned Ministers to implement this Declaration.

PHỤ LỤC III

DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA

The Governments of the Member States of ASEAN and the Government of the People's Republic of China,

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 Member States of ASEAN and President of the People's Republic of China;

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 South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.

Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia.

PHỤ LỤC IV

JOINT DECLARATION OF THE HEADS OF STATE/GOVERNMENT OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE PEOPLE’S REPUBLIC OF CHINA ON STRATEGIC PARTNERSHIP FOR PEACE AND PROSPERITY

1. We, the Heads of State/Government of the Member Countries of ASEAN and the People's Republic of China have reviewed the development of bilateral relationship in recent years. We agree that since the issuance of the Joint Statement of the Meeting of the Heads of State/Government of the Member Countries of ASEAN and the President of the People's Republic of China in 1997, the relationship between ASEAN and China has seen rapid, comprehensive and in-depth growth and ASEAN and China have become important partners of cooperation.

a. Politically, our two sides respect each other's sovereignty and territorial integrity and their independent choice of development path. Guided by the spirit of the Joint Statement of the Meeting of the Heads of State/Government of the Member States of ASEAN and the President of the People's Republic of China in 1997, China has signed separately with the ten ASEAN countries political documents aimed at development of bilateral relations in the 21st century. In October 2003, China acceded to the Treaty of Amity and Cooperation in Southeast Asia, which demonstrated that the political trust between the two sides notably enhanced.

b. Economically, the two sides have strengthened contacts and exchanges for mutually complementary and beneficial cooperation. Cooperation in the five priority areas: agriculture, information and telecommunications, human resources development, two-way investment and the Mekong River Basin development, has made steady progress. In 2002, the two sides signed the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and China, launched the process towards an ASEAN-China Free Trade Area and moved bilateral economic cooperation towards greater scope and depth.

c. In security, ASEAN and China have worked to actively implement the concept of enhancing mutual trust through dialogue, resolving disputes peacefully through negotiations and realizing regional security through cooperation. With a view to

securing peace and stability in South China Sea, the two sides signed the Declaration on the Conduct of Parties in the South China Sea and agreed to work on the basis of consensus towards the eventual attainment of this objective. The two sides have issued the Joint Statement on Cooperation in the Field of Non-Traditional Security Issues, under which active cooperation on transnational issues has been conducted, opening new areas of security cooperation.

d. In regional and international affairs, ASEAN and China have engaged in productive cooperation. The two sides have joined hands in promoting the sound development of the ASEAN Plus Three cooperation, ASEAN Regional Forum (ARF), Asia Cooperation Dialogue (ACD), Asia-Pacific Economic Cooperation (APEC), Asia-Europe Meeting (ASEM), Forum for East Asia-Latin America Cooperation (FEALAC) and other regional and trans-regional cooperation mechanisms. The two sides have good communication and cooperation on issues of mutual interest and concern and have rendered each other support and cooperation in the United Nations, World Trade Organization, and other international organizations with mutual understanding.

2. We are pleased with the depth and scope of the mutually beneficial cooperation between the two sides. We agree that ASEAN-China relations have seen important and positive developments, extensive and substantive cooperation in all areas of mutual interest. We highlight the strategic importance of ASEAN-China relations to peace, development and cooperation in our region and recognize the positive contribution of such relations to world peace and development.

3. In today's world that is undergoing complex and profound changes, the enhanced cooperation between ASEAN and China, as two important partners in the Asia-Pacific region, will serve the immediate and long-term interests of both sides and is conducive to peace and prosperity in the region. To this end, we agree that ASEAN and China establish "a strategic partnership for peace and prosperity".

4. We declare that the purpose of the establishment of a strategic partnership for peace and prosperity is to foster friendly relations, mutually beneficial cooperation and good neighbourliness between ASEAN and China by deepening and expanding ASEAN-China cooperative relations in a comprehensive manner in the 21st century, thereby contributing further to the region's long-term peace, development and