After years of stagnation, negotiations for a Code of Conduct in the South China Sea have regained momentum as the Association of Southeast Asian Nations (ASEAN) and China agree to lay the groundwork for renewed discussions. This diplomatic push emerges under the 2024 ASEAN chairmanship of the Philippines, a nation with longstanding territorial disputes with China, signaling a pivotal moment for regional diplomacy.
The initiative to establish clear guidelines for resolving disputes and upholding the United Nations Convention on the Law of the Sea (UNCLOS) dates back to the early 1990s, when China's assertive presence in the strategic waterway intensified. In 1992, China enacted a law claiming sovereignty over most of the South China Sea, prompting ASEAN to issue a declaration emphasizing peace and stability. Tensions have since escalated, with areas like Mischief Reef—originally claimed as a shelter for fishermen—transforming into military fortifications, viewed by the Philippines and Vietnam as intrusions into their claimed territories.
Confrontations between Chinese maritime forces and vessels from claimant nations have grown more frequent, underscoring the urgency for a diplomatic framework. In 2002, ASEAN and China signed a declaration committing to peaceful dispute resolution, but it lacked enforcement mechanisms and a timeline. Disagreements over the code's scope have stalled progress, with China preferring to limit it to areas outside its control, while the Philippines and Vietnam advocate for including all disputed maritime features. Additionally, China favors a nonbinding agreement, whereas ASEAN seeks a legally binding code.
Political analyst Jaime Naval noted in a 2024 East Asia Forum article, "As China claims nearly 90 percent of the South China Sea, it makes sense for the code of conduct to include overlaps." For years, these differences left the code adrift, but a recent shift offers hope. On March 8, Chinese Foreign Minister Wang Yi called for discussions to begin "as soon as possible," describing the code as "golden rules" for managing differences and fostering cooperation. He urged the Philippines, as ASEAN chair, to "resist the pull of self-interest and play a positive role for peace and stability."
Philippine Foreign Affairs Secretary Ma. Theresa Lazaro swiftly responded, affirming the country's "clear sense of responsibility to the region and to the international community." This exchange marks a golden opportunity to advance the Code of Conduct, placing the Philippines at the helm of ensuring it does not slip away. As dialogue replaces deadlock, the region watches closely, hoping for a breakthrough that could define maritime security for years to come.