What you should know about ASEAN-China talks on Code of Conduct in South China Sea

MANILA, Philippines – Talks between ASEAN and China on a Code of Conduct (COC) in the South China Sea have stretched for more than two decades, underscoring both the complexity of territorial and maritime disputes and the urgent need to create guidelines for managing maritime disputes and preventing armed conflicts.

The proposed COC is meant to set rules to prevent incidents and reduce tensions in the South China Sea, where several ASEAN member states and China assert overlapping claims.

How the negotiations progressed 

The push for a Code of Conduct began in the mid-1990s, following continued tensions in the South China Sea.

In 1988, China and Vietnam fought in Johnson South Reef in the Spratly Island Group, where over 60 Vietnamese sailors were killed. In 1995, China occupied Philippine-claimed Mischief Reef and the following year, Chinese naval vessels fought an hour and a half long battle with Philippine navy gunboats.

ASEAN wanted a regional framework that would encourage restraint and keep disputes from turning into armed conflict. That effort led to the signing of the Declaration on the Conduct of Parties in the South China Sea (DOC) in November 2002. The agreement was not legally binding, but it mattered because ASEAN and China formally agreed to work toward a more detailed and effective Code of Conduct.

The progress after 2002 was notably slow. Consultations continued, but talks were often stalled by regional tensions, differing national interests, and disagreements over how binding the COC should be.

A breakthrough came in 2018, when ASEAN and China agreed on a Single Draft Negotiating Text, bringing together proposals from all parties. The first reading of the draft was completed in 2019, and the second reading followed in 2023. While these rounds of talk helped clarify positions, major issues were left unresolved. 

In July 2023, ASEAN and China adopted guidelines to speed up negotiations and set a goal to finalize the COC within three years, or by July 2026

In 2025, talks had entered the third reading, with negotiators finally tackling so-called “milestone issues,” including whether the COC will be legally binding, its geographic scope, how it will relate to the existing DOC, and how terms would be defined in the code. 

What’s at stake

The Code of Conduct is still unfinished, even as tensions in the West Philippine Sea continue to rise. Encounters between Philippine and Chinese vessels are happening more frequently, making the disputes more visible and worrying some especially for fisherfolks working in the disputed area.

For countries like the Philippines, the outcome of the negotiations could determine whether there are clearer rules, fewer risky and violent encounters, and greater respect for international law, including UNCLOS. Without a meaningful and mutually beneficial agreement, the gap between talks at the table and tensions at sea could widen even more, putting more lives and livelihoods at risk. – Arianne dela Cruz/Rappler.com