Sustainable Peace of the South China Sea

The following sections are included:

• Acknowledgments
• Disclaimer
• Contents

The emergence of the South China Sea dispute has deep historical origins and objective geopolitical factors. The intervention and interference of extraterritorial powers in the South China Sea issue have also added to the complexity of the dispute, making the South China Sea issue develop into a political dispute with the nature of a power struggle. Therefore, the principle of consensus is crucial to maintaining peace and stability in the South China Sea. The signing of the Declaration on the Conduct of Parties in the South China Sea (DOC), which has guaranteed the overall stability and control of the situation in the South China Sea for two decades, is a fundamental proposition and institutional design for China and ASEAN countries to respect each other’s interests and aspirations, establishing the fundamental tone and logical starting point for maintaining long-term peace and stability in the South China Sea, as well as a valuable practice of multilateralism in Southeast Asia. China’s “Dual-Track Approach” design for a reasonable solution to the South China Sea dispute has prevented the relationship between China and ASEAN from being shaken by the South China Sea dispute while maintaining the existing cooperation mechanism between China and ASEAN and returning the solution to the elements of the South China Sea dispute itself, avoiding the situation in the South China Sea from getting out of control. Based on the implementation of the DOC, the advancement of the “Code of Conduct in the South China Sea” (COC) will promote the reconfiguration of the existing regional security order, make a more significant contribution to peace and development in the South China Sea region, and promote China– ASEAN relations to new heights.

Since the signing of the Declaration on the Conduct of Parties in the South China Sea, China and ASEAN members have made useful explorations on the joint development of marine oil and gas resources, cooperation in less sensitive fields, and maritime confidence and security-building measures. In some fields, substantive progress has been secured, which is credited to all parties’ adherence to the spirit of cooperation of international law, consensus on cooperation, guidance of the implementation of the DOC, adoption of a step-by-step approach in a sequential manner starting with easier ones, and China’s active provision of public goods for cooperation. However, current cooperation in the South China Sea has been facing barriers caused by long-existing maritime disputes, major-power competition, and domestic politics of countries in the region. Under this circumstance, China and ASEAN states should build a sense of a community with a shared future, manage and control differences properly, make a balanced effort in the DOC implementation and COC consultations, strive to foster a synergy between the 21st Century Maritime Silk Road and the ASEAN Outlook on the Indo-Pacific, focus on blue economy development, and cooperate in regional maritime governance. In doing so, the two sides can jointly push forward cooperation in the South China Sea to a higher level and safeguard peace and stability in the region.

The DOC, signed by China and the ASEAN member states in 2002, sets out the objective of adopting a code of conduct in the South China Sea. The parties arrived at the Framework of the COC in 2017, and endorsed the Single Draft Negotiating Text in 2018, and completed the first reading of the text in 2019. The second reading is in progress. In the next phase of the consultation, apart from the procedural matters, the parties need to deal with several substantive issues of foundational importance for further elaborations and adoption of the text, which include, among others, the legal nature of the COC, its geographical scope of application, relationship with DOC, implementation mechanism, and relationship with other countries. Adopting a more substantive and effective COC at an early date serves the fundamental interest of the countries and peoples in the region as well as the international community.

The South China Sea issue is an important security issue in China– ASEAN relations. Promoting the signing and implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) and the consultation of the Code of Conduct for the South China Sea (COC) are important ways for China and ASEAN to maintain stability in the South China Sea. The signing of the DOC has enhanced the strategic mutual trust between China and ASEAN and pushed the bilateral cooperation onto the “fast track.” In turn, the comprehensive and high-quality regional cooperation has provided the “ballast” for the implementation of the DOC. At present, in the face of the challenges posed by the deep involvement of the U.S. and its allies in the South China Sea, it is important to review and summarize the experience of China and ASEAN in dealing with the South China Sea issue and promoting regional cooperation. On this basis, all parties can consider the Global Development Initiative and the Global Security Initiative as guides to continue to focus on regional economic cooperation and achieve sustainable security in the region through sustainable development.

This year marks the 20th anniversary of the signing of the Declaration on the Conduct of Parties in the South China Sea (DOC). Over the past 20 years, China and ASEAN countries have established an institutional cooperation process based on a multi-level institutional framework, consultations on the Code of Conduct in the South China Sea (COC) and practical maritime cooperation to implement the spirit of the DOC, and have actively built a maritime order of lasting peace, win–win cooperation and rule-based governance in the South China Sea. However, there is still debate in academic and policy circles about the institutional effectiveness of the DOC and its implementation. One of the reasons for the debate cannot be ignored is the lack of an analytical framework for assessing the effectiveness of the mechanisms for implementing the DOC. This chapter attempts to put the security situation in the South China Sea, institutional strategy, and institutional cooperation tension into an evaluation framework, and by examining the historical process of the establishment and development of the implementation mechanism of the DOC, it reveals the effectiveness and limitations of institutional cooperation between China and ASEAN countries in the construction of regional order in the South China Sea, which will provide policy enlightenment for China and ASEAN countries to shape the regional order in the South China Sea in the future.

Achieving sustainable peace in the South China Sea requires both the Association of Southeast Asian Nations (ASEAN) and China to overcome tensions created over the issues of sovereignty and maritime claims in the South China Sea among all claimant states which have been considered the most complex regional flashpoint. Failure to prevent tensions and without effective ways to restrain the disputes in the South China Sea, hard-earned peace in this region can erode and conflict is becoming eminent. In this regard, ASEAN and China have a collective duty to collaborate to promote a friendly, peaceful, and harmonious environment in the South China Sea and to enhance regional stability, economic growth, and prosperity in order to ensure that the South China Sea is indeed a sea of peace and stability. Recognizing these challenges, ASEAN and China have made strenuous efforts overtime to prevent the escalation of tensions from brewing up into conflict including adopting the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, and working together, despite slow progress, toward the conclusion of the Code of Conduct in the South China Sea (COC). This chapter will reflect, after 20 years of DOC, on the effort made by ASEAN and China in developing the DOC and COC while assessing their merits and discussing their deficits. The chapter will then highlight priorities for an effective implementation of the DOC before concluding with a set of considerations for ASEAN and China to work together to address their differences to conclude the COC negotiations, so as to ensure sustainable peace in the South China Sea.

For many decades the South China Sea has been a significant security challenge in Southeast Asia. The complex dispute and the surrounding geopolitical tension have hampered a successful conflict settlement mechanism. Therefore, all parties must strive to maintain peace and security in this disputed area. In this regard, the Association of Southeast Asian Nations (ASEAN) and China established the Declaration on the Conduct of Parties in 2002 and negated the Code of Conduct (COC). The United Nations Convention on the Law of the Sea (UNCLOS) also considered creating a provisional arrangement in the disputed marine area. Therefore, this chapter aims to analyze the legal framework for cooperation in the South China Sea and the lessons from previous agreements in a disputed and undelimited maritime area. First, the chapter discusses how the COC fits the provisional arrangement regulated under the UNCLOS. It analyzes the similarities and differences for the COC to be considered the provisional agreement under UNCLOS. Second, the study also examines existing provisional arrangements as a lesson for the ASEAN–China COC. It explores the obligations of third parties not involved in the dispute. The analysis is hoped to provide recommendations for policymakers and COC negotiators.

The economic dynamics underlying the South China Sea (SCS) disputes are pivotal to understanding the region’s stability. The SCS, a crucial maritime area, supports approximately one-third of global shipping, holds substantial hydrocarbon reserves, and ranks among the world’s most productive fishing zones. These economic assets drive the territorial disputes involving China and four ASEAN member states (Brunei, Malaysia, the Philippines, and Vietnam). The 2002 Declaration on the Conduct of Parties in the South China Sea (DOC), although non-binding, seeks to manage these disputes through peaceful means. Despite its limitations, the DOC has played a significant role in maintaining dialogue and reducing conflict risks. The document’s inability to fully prevent unilateral actions under-scores the necessity of establishing a binding Code of Conduct (COC). Furthermore, cooperative initiatives in marine resource management and environmental conservation are critical for long-term peace and stability in the region. These measures are essential to sustain the socioeconomic development of East and Southeast Asia, ensuring that the SCS continues to serve its vital economic functions without escalating conflicts.

The South China Sea is claimed to be one of the most important geographical locations in the world. The region holds abundant natural resources including rich marine life and large oil and natural gas reserves. Natural resource endowment in the South China Sea is unfortunately a double-edged sword. While it has supported the livelihoods in the region for centuries, its rich natural resources have been a trigger for disputes among claimants and the intervention of external actors. As a result, the ASEAN and China have joined hands to draw up regional roles and norms to govern activities in the South China Sea. Following that, the Declaration on the Conduct of the Parties (DOC) was signed by the ASEAN member states and China in 2002. Although the DOC has played a role in maintaining and promoting peace, stability, and security in the South China Sea to some extent, it was widely criticized for its ineffectiveness in achieving the stated objectives. To this end, the achievements and challenges associated with the DOC implementation are discussed in the chapter, and the journey from DOC to the Code of Conduct of the South China Sea has also been explored along with a series of recommendations that have been provided on how to further maintain and promote sustainable peace, stability, and development in the South China Sea.

The Declaration on the Conduct of Parties in the South China Sea (DOC), signed by ASEAN member states and China in 2002, plays a pivotal role in managing the complex territorial disputes in the region. Despite its nature as a non-legally binding political declaration, the DOC facilitates dialogue, manages expectations, and promotes cooperation among the claimants. While the DOC has not effectively restrained unilateral actions or prevented rising tensions, it remains a significant framework for continuous negotiation and risk mitigation. Over the past two decades, the DOC has provided a foundational platform for further engagement, leading to incremental progress towards establishing a Code of Conduct (COC). The DOC’s importance lies in its ability to maintain regional stability and support ASEAN-China dialogue, even amidst increasing international uncertainties. Although the DOC faces criticism for its limitations, it has enabled ASEAN and China to explore peaceful dispute management strategies, emphasizing the necessity for ongoing dialogue and practical cooperation. The chapter underscores the need to further develop and expand the DOC’s promises and potential to achieve sustainable peace and stability in the South China Sea.

In coincidence with the 20th anniversary of the signing of the Declaration on the Conduct of Parties in the South China Sea (DOC), global politics has become increasingly complicated and complex more than ever in the post-Cold War era due to the COVID-19 pandemic, compounded by the Russia–Ukraine conflict which has drawn the strongest response from the United States and its Western allies. Fortunately, peace and stability in another global flashpoint, the South China Sea, has been maintained considerably under the wisdom of the Association of Southeast Asian Nations (ASEAN) and China, especially between China and four direct claimants: Brunei, Malaysia, the Philippines, and Vietnam, and as a result of the 20 years old DOC. However, some scholars assume that the DOC is a toothless document since the individual claimants cannot relinquish the respective entrenched positions on their controlled islands, islets, reefs, and rocks based on their national interest, though the DOC has, to some extent, contributed to safeguarding peace and stability in the South China Sea. Some other scholars argue that the lack of practical engagement in some serious areas of cooperation as prevailed in the DOC and the need for serious discussion on the sovereign right over the respective controlled islands by the individual claimants in the South China Sea has weakened the DOC and also affected the Code of Conduct in the South China Sea’s (COC) negotiation process. However, there is a myriad of authors who do research on the issue of the disputed waters in the South China Sea from legal and political perspectives; therefore, this chapter will focus on the issue of the South China Sea from a different point of view and suggest the need for considerable acceleration of implementation on sensitive and serious areas of cooperation as prescribed in the DOC. Therefore, this chapter is to examine the progress that has been made by ASEAN and China as prevailed in the DOC that contributes to the successful completion of the COC and to identify ways and means, and areas of cooperation that should be implemented by ASEAN and China to strengthen the integrity and credibility of the DOC in order to support the realization of the effective and efficient binding COC as early as possible. The approach of this chapter may differ from other scholars’ perspectives, and however, it is expected to contribute to promoting the level of trust and confidence among the claimants in making the COC become a politically, legally, and morally respectable, reliable, and qualified binding document. This chapter suggests that ASEAN Defence Ministers Meeting (ADMM) should be considered an appropriate and reliable platform to complement some tasks given by the DOC to enhance confidence-building measures and to avoid potential risks of conflict at sea and in the air. As a mature and qualified mechanism, the ADMM can fill the gap of adequate practical cooperation as given in the DOC that needs ASEAN and China to implement in the context of the South China Sea.

ASEAN plays a pivotal role in promoting dialogue, cooperation, and confidence-building measures to manage maritime disputes in the South China Sea. However, despite protracted negotiations, the South China Sea issue continues to trouble relations between ASEAN and China as ASEAN strives toward an inclusive, open, and stable regional political and security community in Southeast Asia. The complexity of the issues involved means there are considerable difficulties in reaching an agreement between ASEAN and China on sharing the contiguous geography, managing ingrained perceptions of history, and apportioning responsibility in the maintenance of peace and prosperity in the South China Sea. At the same time, it is not possible to co-exist and work in partnership without rule-making and a rules-based framework for mutual benefit and progress. At the end of the day, both ASEAN, not just the claimant states in the grouping, and China stands to benefit from realizing the Code of Conduct in the South China Sea.

The 20th anniversary of the Declaration on the Conducts of Parties in the South China Sea (DOC) serves as a barometer of how all concerned players have been able to sustain their cooperative spirit in managing the conflict in a way that has stood up against the odds even at most critical times. Given the current shift in the geopolitical landscape throughout the world, the DOC reminds the regional and international community of the importance of nurturing good-will and a conducive atmosphere for continued dialogue and negotiation. The ongoing implementation of the DOC, which outlines measures and steps to be taken to increase cooperation and coordination on issues of mutual concern, has been steady and is making progress, albeit rather slowly. All stakeholders are aware that further progress is needed if the disputed maritime areas have any chance of being transformed into a zone of peace, stability, and prosperity.

Based on interviews with senior Thai officials, both current and retired, this chapter examines Thailand’s role and attitude toward the DOC since it was signed in Phnom Penh in 2002. The analysis also explores the strategies that the Thai government pursued at the time as the coordinator of ASEAN–China relations (2012–2015), especially focusing on the South China Sea, as well as its continuous efforts to promote functional cooperation and best practices among all stakeholders.

In 2002, an important milestone was laid on one of the central-most security issues of Southeast Asia when ASEAN and China signed the Declaration of Conduct of the Parties on the South China Sea (DOC). The document soon became a frequently talked about topic relating to the regional security architecture, one that raised much hope but also questions about the management of one of the most enduring security challenges of the region.

This chapter seeks to review ASEAN’s approach to building a set of codes to regulate the conduct of the stakeholders in the South China Sea, and how the Declaration of Conduct of the Parties on the South China Sea (DOC) influenced ASEAN engagement with China after its signing. The chapter would also assess the DOC’s implementation over the past 20 years, reviews current efforts to upgrade the DOC into the supposedly superior Code of Conduct, and suggest a way forward.