Talks between Asean and China on a Code of Conduct in the South China Sea aim to establish rules preventing incidents and easing tensions amid overlapping territorial claims. Originating in the mid-1990s from past clashes, such as the 1988 battle at Johnson South Reef and China's 1995 occupation of Mischief Reef, progress has been slow but targets completion by July 2026. Recent advancements include entering the third reading of negotiations in 2025.
Negotiations between Asean and China for a Code of Conduct (COC) in the South China Sea have lasted over two decades, highlighting the intricate territorial and maritime disputes. In 1988, China and Vietnam clashed at Johnson South Reef in the Spratly Islands, killing more than 60 Vietnamese sailors. In 1995, China occupied the Philippine-claimed Mischief Reef, and in 1996, Chinese naval vessels battled Philippine navy gunboats for one and a half hours.
To foster a regional framework promoting restraint and averting armed conflict, Asean and China signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in November 2002. Though not legally binding, it marked the first formal commitment to develop a more detailed COC.
Post-2002 progress was sluggish, hampered by regional tensions, divergent national interests, and disputes over the COC's binding nature. In 2018, they agreed on a Single Draft Negotiating Text. The first reading concluded in 2019, followed by the second in 2023. In July 2023, guidelines were adopted to accelerate talks, aiming for finalization within three years, by July 2026.
By 2025, discussions entered the third reading, addressing 'milestone issues' such as the COC's legal binding status, geographic scope, relation to the DOC, and term definitions. Yet the COC remains incomplete, with escalating tensions in the West Philippine Sea, including frequent encounters between Philippine and Chinese vessels that endanger local fisherfolk. For the Philippines, a successful agreement could yield clearer rules, reduced risky incidents, and stronger adherence to international law, including Unclos. Absent a meaningful pact, the divide between diplomatic talks and on-sea frictions may grow, threatening lives and livelihoods.
