Opinion | Can a South China Sea code of conduct help ensure regional stability? Here are four ways it could be strengthened

Aaron Rabena says the leaked draft negotiating text for a code of conduct in the South China Sea indicates that progress has been made. However, more could be done on geographic scope, duty to cooperate, the role of third parties and legal status

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The Philippine Navy ship BRP Gregorio del Pilar after it ran aground during a routine patrol on August 29, 2018, in the vicinity of Half Moon Shoal, which is called Hasa Hasa in the Philippines, off the disputed Spratlys group of islands in the South China Sea. Photo: Armed Forces of the Philippines via AP

Published: 10:00am, 8 Jan 2019Updated: 10:23am, 8 Jan 2019

The China-Philippines Scarborough Shoal stand-off in 2012, the China-Vietnam oil-rig incident in 2014, China’s island-building and militarisation operations, the Philippines’ Permanent Court of Arbitration landmark victory in 2016 and the regular US-led freedom of navigation operations all highlight the inefficacy of the 2002 Declaration on Conduct (DOC) of Parties in the South China Sea and the complex interplay of economic, environmental, legal, political and strategic issues.

The announcement of the Single Draft Negotiating Text for a code of conduct in the South China Sea last August by the Association of Southeast Asian Nations and China has raised hopes that such a code will ensure lasting peace and stability in the South China Sea.

While details of the text have yet to be officially issued, a leaked draft includes five critical issues for negotiations – “geographic scope”, “dispute settlement”, “duty to cooperate”, “role of third parties” and “legal status”. In these, the code has gone farther than the declaration on conduct with respect to dispute settlement and duty to cooperate. Proposals on dispute settlement have included options such as conciliation, mediation and the activation of the High Council for the Treaty of Amity and Cooperation.

On duty to cooperate, particularly maritime cooperation, the declaration’s five areas of non-traditional security cooperation have been expanded to include illegal fishing, marine connectivity, and oil and gas resource cooperation. However, China has floated the idea that cooperation related to the marine economy should not include extra-regional countries.

As for confidence-building measures, in addition to military exchanges, humane treatment of people in distress and voluntary notification of impending joint military exercises stated in the DOC, the code of conduct warrants that an exchange of information, mutual port calls of military vessels and joint patrols and military exercises be done on a regular basis. China also seeks to ensure that a veto power can be exercised over joint military exercises that are to be conducted with extra-regional countries.