Opinion | What the South China Sea code of conduct talks should focus on instead of dispute resolution

Better to let states resolve things bilaterally, given the complexity of the disputes and Asean’s traditional approach

Instead, the code of conduct should bind China and Asean into good behaviours: respecting the status quo and refraining from military activity

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Published: 1:00am, 14 Jul 2023Updated: 2:03am, 14 Jul 2023

As Asean foreign ministers gather in Jakarta this week, the focus will be on discussions with China’s foreign policy chief Wang Yi on the South China Sea code of conduct. Wang is representing Beijing in place of foreign minister Qin Gang, absent because of health reasons. Wang’s presence shows China’s acknowledgement of the significance of the code of conduct talks and its engagement with the Association of Southeast Asian Nations.

Since the 2018 adoption of the “single draft negotiating text”, only one reading has been completed, leaving two more to finalise the code of conduct. These readings aim to narrow down the differences between conflicting parties in the South China Sea.

For some Asean members, the main obstacles revolve around China’s military assertiveness against their energy exploration and fishing in disputed territorial waters and exclusive economic zones. For Beijing, outside interference in regional affairs, primarily by the United States, is the most significant concern. Beijing sees this interference as encouraging Asean members, particularly the Philippines and Vietnam, to assert their territorial claims and adopt anti-China foreign policies.

A successful code of conduct would legally bind each party, halting China’s aggressive military posture against Asean members’ economic activity in the South China Sea, while regional states refrain from inviting or supporting US military intervention. It would ensure water disputes do not hinder economic development and maritime cooperation between China and Asean.

But the code of conduct should not govern dispute resolution. This is despite criticism that China prefers to resolve its disputes bilaterally and separately from code of conduct discussions because it would grant it greater leverage. Or that, unless Asean can establish a consensus in resolving maritime disputes with China, Beijing will be able to continue to offer economic benefits in exchange for shelving the disputes.

Indeed, China employs a “dual track” approach in the South China Sea: aiming to negotiate directly with claimant states while working with Asean to maintain peace and stability.

Opinion | What the South China Sea code of conduct talks should focus on instead of dispute resolution

Better to let states resolve things bilaterally, given the complexity of the disputes and Asean’s traditional approach Instead, the code of conduct should bind China and Asean into good behaviours: respecting the status quo and refraining from military activity

Better to let states resolve things bilaterally, given the complexity of the disputes and Asean’s traditional approach

Instead, the code of conduct should bind China and Asean into good behaviours: respecting the status quo and refraining from military activity