ABSTRACT
The immediate priority is to stabilise the situation in the South China Sea and to prevent conflict, particularly as Chinese deployment of patrol craft increases, placing greater pressure upon the ASEAN claimants. A Code of Conduct (COC) requires mutual self-restraint based on a common understanding of what activities to avoid, as well as acceptable procedures to be pursued in the event of an incident or event that could get out of hand. One variant of a CoC that may prove to be of value in this context is an Incidents at Sea Agreement (INCSEA) to avoid clashes in the South China Sea between naval and coastguard vessels, and to prevent accidental escalation if clashes occur. The first attempt to seek a resolution of the issue was by means of informal workshops or track-two diplomacy. China seeks legal validation of its claims in ways that would either stretch the limits of current legal interpretation or depart from the existing legal framework considerably.
