DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA

The Governments of the Member States of ASEAN and the Government of the People's Republic of China, REA !RM!NG their determination to consolidate and develop the friendship and cooperation e"istin# bet$een their people and #overnments $ith the vie$ to promotin# a %&st centur'(oriented partnership of #ood nei#hbourliness and mutual trust) C*GN!+ANT of the need to promote a peaceful, friendl' and harmonious environment in the South China Sea bet$een ASEAN and China for the enhancement of peace, stabilit', economic #ro$th and prosperit' in the re#ion) C*MM!TTE, to enhancin# the principles and ob-ectives of the &../ 0oint Statement of the Meetin# of the 1eads of State2Government of the Member States of ASEAN and President of the People's Republic of China) ,ES!R!NG to enhance favourable conditions for a peaceful and durable solution of differences and disputes amon# countries concerned) 1ERE34 ,EC5ARE the follo$in#6 &7 The Parties reaffirm their commitment to the purposes and principles of the Charter of the 8nited Nations, the &.9% 8N Convention on the 5a$ of the Sea, the Treat' of Amit' and Cooperation in Southeast Asia, the ive Principles of Peaceful Coe"istence, and other universall' reco#ni:ed principles of international la$ $hich shall serve as the basic norms #overnin# state(to(state relations) %7 The Parties are committed to e"plorin# $a's for buildin# trust and confidence in accordance $ith the above(mentioned principles and on the basis of e;ualit' and mutual respect) <7 The Parties reaffirm their respect for and commitment to the freedom of navi#ation in and overfli#ht above the South China Sea as provided for b' the universall' reco#ni:ed principles of international la$, includin# the &.9% 8N Convention on the 5a$ of the Sea) =7 The Parties concerned underta>e to resolve their territorial and -urisdictional disputes b' peaceful means, $ithout resortin# to the threat or use of force, throu#h friendl' consultations and ne#otiations b' soverei#n states directl' concerned, in accordance $ith universall' reco#ni:ed principles of international la$, includin# the &.9% 8N Convention on the 5a$ of the Sea) ?7 The Parties underta>e to e"ercise self(restraint in the conduct of activities that $ould complicate or escalate disputes and affect peace and stabilit' includin#, amon# others, refrainin# from action of inhabitin# on the presentl' uninhabited islands, reefs, shoals, ca's, and other features and to handle their differences in a constructive manner7 Pendin# the peaceful settlement of territorial and -urisdictional disputes, the Parties concerned underta>e to intensif' efforts to see> $a's, in the spirit of cooperation and understandin#, to build trust and confidence bet$een and amon# them, includin#6 a7 holdin# dialo#ues and e"chan#e of vie$s as appropriate bet$een their defense and militar'

officials) b7 ensurin# -ust and humane treatment of all persons $ho are either in dan#er or in distress) c7 notif'in#, on a voluntar' basis, other Parties concerned of an' impendin# -oint2combined militar' e"ercise) and d7 e"chan#in#, on a voluntar' basis, relevant information7 @7 Pendin# a comprehensive and durable settlement of the disputes, the Parties concerned ma' e"plore or underta>e cooperative activities7 These ma' include the follo$in#6 a7 marine environmental protection) b7 marine scientific research) c7 safet' of navi#ation and communication at sea) d7 search and rescue operation) and e7 combatin# transnational crime, includin# but not limited to traffic>in# in illicit dru#s, pirac' and armed robber' at sea, and ille#al traffic in arms7 The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be a#reed upon b' the Parties concerned prior to their actual implementation7 /7 The Parties concerned stand read' to continue their consultations and dialo#ues concernin# relevant issues, throu#h modalities to be a#reed b' them, includin# re#ular consultations on the observance of this ,eclaration, for the purpose of promotin# #ood nei#hbourliness and transparenc', establishin# harmon', mutual understandin# and cooperation, and facilitatin# peaceful resolution of disputes amon# them) 97 The Parties underta>e to respect the provisions of this ,eclaration and ta>e actions consistent there$ith) .7 The Parties encoura#e other countries to respect the principles contained in this ,eclaration) &A7 The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea $ould further promote peace and stabilit' in the re#ion and a#ree to $or>, on the basis of consensus, to$ards the eventual attainment of this ob-ective7 ,one on the ourth ,a' of November in the 4ear T$o Thousand and T$o in Phnom Penh, the Bin#dom of Cambodia7