The Code of Conduct (COC) in the South China Sea is a proposed rules-based framework being negotiated between the Association of Southeast Asian Nations (ASEAN) and the People's Republic of China to govern conduct by claimant and user states in one of the world's most contested maritime spaces. It is intended as a binding or semi-binding successor to the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC), a non-binding political document signed in Phnom Penh that committed parties to self-restraint, peaceful dispute resolution, and confidence-building measures.
The South China Sea involves overlapping claims by China, Taiwan, Vietnam, the Philippines, Malaysia, Brunei, and Indonesia (over portions of its exclusive economic zone near the Natuna Islands). Tensions involve features in the Paracel and Spratly groups, Scarborough Shoal, and Second Thomas Shoal, alongside China's expansive "nine-dash line" claim, which an arbitral tribunal under UNCLOS Annex VII ruled in July 2016 had no legal basis in the case brought by the Philippines.
Formal COC negotiations were launched after ASEAN and China agreed on a framework in August 2017 and began text-based talks in 2018. A Single Draft Negotiating Text has guided subsequent rounds. Progress has been slow, with disputes over geographic scope, whether the COC will be legally binding, dispute-settlement mechanisms, the role of third parties (such as the United States and Japan), and restrictions on military exercises and resource exploitation. Successive ASEAN chairs — including Indonesia in 2023 and Laos in 2024 — have pushed timelines, with parties publicly targeting conclusion by 2026, though analysts remain skeptical.
Key sticking points include:
- Legal status: ASEAN claimants generally prefer a binding instrument; China has resisted.
- Scope: whether disputed features and EEZs are covered.
- Third-party activities: China seeks limits on joint exercises and energy projects with non-regional powers.
- Relationship to UNCLOS and the 2016 arbitral award.
Example
At the ASEAN-China Summit in Vientiane in October 2024, leaders reaffirmed their commitment to conclude the Code of Conduct in the South China Sea by 2026.
Frequently asked questions
Not yet — it is still under negotiation. ASEAN claimant states such as the Philippines and Vietnam have advocated for a legally binding instrument, while China has historically resisted binding language.
Keep learning