ABSTRACT

China and the ASEAN countries have made two attempts to establish a rule-based order to manage the situation relating to the South China Sea issues. The first was the negotiations process leading to the signing of the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002 and the second is the current consultation process to reach a Code of Conduct (COC). The DOC has shown the collective commitment of the relevant parties to the peaceful settlement of disputes and contributed to promoting dialogue among the signatories of the DOC. With new developments in the South China Sea, a demand for an upgrade version of the rules of behaviour motivated the current consultation process among the 11 signatories of the DOC to reach a COC at an early stage. Since its re-initiation in September 2013, the COC consultation process has progressed steadily to reach a Single Draft Negotiation Text in June 2018. However, further efforts are needed to overcome the existing challenges to reach an effective and substantive COC.