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The Code of Conduct for the South China Sea: A Waiting Game

On June 30, 2013, following the China-ASEAN Foreign Ministers’ Meeting held in Bandar Seri Begawan, capital of Brunei, China released a joint-statement with ASEAN in a post-meeting press conference, indicating that they have agreed to hold “official consultations” on a proposed Code of Conduct (CoC) to govern South China Sea “naval actions”. All parties agreed to move forward with consultations in upcoming meetings to be held in China during September later this year.

Misleadingly or mistakenly billed as a significant paradigm shift by many English language news outlets, this development should not have come as a surprise to anyone. As early as November 2012, China already issued a joint statement with ASEAN at the 15th ASEAN-China Summit in Phnom Penh, Cambodia, marking the 10th anniversary of the Declaration on the Conduct of Parties in the South China Sea (DOC) and agreeing to “keep momentum of dialogue” in moving towards a formal Code of Conduct (COC).  China also reiterated this commitment in April this year, following the 19th China-ASEAN Senior Officials’ Consultation.

For the casual observer, keeping track of the ins-and-outs of numerous ASEAN-China agreements and cryptic diplomatic sparring over South China Sea (SCS) disputes can be daunting. News reporting differs greatly depending on its country of origin and the same story can be told in a hundred different ways leaving entirely different impressions of what happened. The following is a breakdown of the important historical, political, and legal considerations necessary to understand what the Code of Conduct for the SCS is, why it is important, and how it may eventually come about. Continue reading

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