Many of these concepts including the much talked Confidence Buiiding Measures (CBMs) originate from Europe and thus considered by many as inappropriate for the region which is culturally, ethnically and politically too divisive. Despite this, the regional security policy architects went ahead with their architectural designs. Until to day, some of us are not really sure whether the CBM concept itself which appeals to them or just the term itself. I am inclined to believe many in the region are attracted first by the term CBM. By applying the term they hope to engender confidence. Understanding the concept seems secondary. It seems to matter less to some analysts that to be really effective the concept of CBM requires substance, more than platitudes or statements. In Europe where the concept of CBM was first applied, the situation is less intractable than what we know of in the region. Nonetheless as security analysts we all know what CBM is all about. Many of us assume that we know what it means. In principle, many security analysts in the region believe that the primary concerns of CBMs are toward creating the mechanisms to defuse conflicts or to contain existing conflicts from spreading or getting worse. CBMs are also measures to create an environment for peace believing that while the situation in South East Asia may be different from Europe, some of the elements contained in the well tested CBM mechanisms can be usefully applied in the Spratlys.
This paper will examine not so much its applicability rather to focus on its achievements since the idea or the term was introduced to the region. At the same time this paper will also introduce another instrument for confidence building in the Spratlys in South China Sea: i. e., the concept of incident-at-sea-agreements (INCSEA) or maritime safety regime as a way to buiid confidence for the region to complement other CBM options. INCSEA is essentially a mechanism to avoid naval accidents and enhance naval cooperation.
It has been suggested that the Spratlys is one sub-regional issue area where multilateral cooperative approach that can be used to reduce tension. This is an important area for experimenting with CBM concept because of its potential as a flash point. The argument is simple. Since it is very difficult to get the claimant states to sit down to negotiate their different positions, the alternative is develop informal mechanisms that would allow policy planners to discuss the issues among themselves in their own personal capacity. In other words, policy planners don't attend meetings as official representatives of their respective countries and that they do not have the mandate to negotiate with each other. But they can sit down with the other interested parties to exchange notes, listen to each others views and where possible work out parameters for possible cooperation at the formal level. Usually, in such discussions the issue of sovereignty is not debated, as they have no mandate to negotiate. This approach becomes very apparent in the Workshop On Managing Potential Conflicts in the South China Sea Series initiated by Indonesia with funding and intellectual support from Canada. This programme was initiated in 1990 by a group of Asian scholars interested in maritime security. Contrary to some opinions, the conference process itself is a form of CBM. The fact the claimants could sit down and discuss the issues openly but without compromising their respective official positions is a process in creating confidence. However, such informal process cannot solve intractable problems e. g., the issue of sovereignty without formal support or sanction from the state. The informal process is only to augment the official process but not as a replacement.
The Spratlys
The islands in the Spratlys are claimed in whole or in part by six Asian states: four ASEAN states, Taiwan and China. The strategic importance of the Spratly islands is a major cause of potential conflict. It lies in between the Indian Ocean and the Pacific Ocean and links up mainland Asia and insular South East Asia. Forming an important part of the South China Sea, the Spratlys forms an indispensable bridge between the two oceans and mainland Asia. The South China Sea contains major sea-lanes ol communication including some of the busiest in the world. During the cold war period the islands were not contested as the claims by the various countries were muted and did not assume the present level of intensity. Although there were some struggles for the control of part of the Spratlys before the Second World War, it is only after the end of the cold war that the entire Spratly became a contested arena between the littoral states.
