Opinion

South China Sea: Asean needs to compromise with China to settle protracted code of conduct dispute

After 20 years of negotiations and growing flare-ups in the disputed waters, the delay has produced more mistrust and arguably benefited powerful parties

Compromise will break the impasse – and may be the only realistic way for Asean claimants to harvest their resources without Chinese interference

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Dr Mark J. Valencia is an internationally known maritime policy analyst, political commentator and consultant focused on Asia.

Published: 8:15am, 11 Apr 2023Updated: 11:53am, 11 Apr 2023

China and Asean have been trying to agree on a robust code of conduct in the South China Sea since 2002, when they concluded a non-binding and ambiguous declaration. A draft negotiating text produced in 2018 was a smorgasbord of contradictory positions, and as the frequency and severity of incidents in disputed waters increase, so have calls for a rapid agreement on a code of conduct. Clearly, realistic compromises are necessary.

The main issues are the definition of the code’s geographic scope and dispute settlement, and whether it will have the force of law and outside powers can become parties. With enough political will, these difficult issues can be finessed.

Take the geographic scope. Vietnam insists the China-occupied Paracel Islands and their entitled maritime area must be included in the code, while Beijing maintains its “undisputed” sovereignty over the islands, their waters and the resources on the continental shelf and in the 200-nautical-mile exclusive economic zone (EEZ).