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South China Sea
This Week in AsiaPolitics

‘Negotiation fatigue’ risks stalling South China Sea code of conduct progress

Efforts to finalise the code between Asean and China this year are hampered to a large extent by differences between Manila and Beijing

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Philippine Secretary of Foreign Affairs Theresa Lazaro meets China’s Foreign Minister Wang Yi on the sidelines of the Asean Foreign Ministers’ Meeting in Pasay last Wednesday. Photo: EPA
A Chinese coastguard ship fires a water cannon at a Philippine vessel, supposedly in the South China Sea, in this video screengrab released last Thursday. Photo: Jay Tarriela/X/Reuters
A China coastguard ship sails near Scarborough Shoal in the South China Sea on June 18. Photo: Kyodo
Maria Siow
Asean’s optimism in concluding a long-awaited code of conduct (COC) for the South China Sea by year’s end is not shared by observers, who point to major differences of opinion between Beijing and the Philippines especially.

Analysts say any eventual consensus on a code is likely to be broad and symbolic, noting the importance of keeping dialogue flowing even as “negotiation fatigue” sets in.

The Association of Southeast Asian Nations and China were making “good progress” in negotiations, Philippine Foreign Secretary Maria Theresa Lazaro said during a media briefing at the 59th Asean Foreign Ministers’ Meeting on July 23, adding that all parties intended to finish the code “within the year”.

A joint communique issued on the same day echoed this optimism, with Asean ministers welcoming the “sustained positive momentum” in talks and the “significant progress achieved”.

The bloc said it “looked forward to continued efforts in endeavouring to conclude the negotiation of an effective and substantive COC that is in accordance with international law”.

Talks on the China-Asean agreement have dragged on for more than two decades, hampered by competing territorial claims, disagreements over whether the code should be legally binding, differing views on its geographic scope, the role of external powers and the definition of terms such as “self-restraint”.

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