Code of Conduct in the South China Sea

Emeritus Professor Carlyle A. Thayer

Presentation to First Virtual
International Conference on the South China Sea
The National Youth Movement for West Philippine Sea
Manila, The Philippines
July 31, 2020
 Outline

1. Why Are We Talking About a

Code of Conduct in the South
China Sea?
2. Single Draft South China Sea
Code of Conduct Negotiating
Text
3. Key Issues to be Resolved
1. Why Are We Talking About a Code
of Conduct in the South China Sea?
Key Developments, 1995-2002

Declaration
ASEAN-China on Conduct
exchange of Parties in
China Draft Codes of the South
Occupies Conduct China Sea
Mischief Reef March 2000 (DOC)
1995
 Declaration on Conduct of Parties in
the South China Sea (DOC)

• 10. The Parties concerned reaffirm that the

adoption of a code of conduct in the South
China Sea would further promote peace and
stability in the region and agree to work, on
the basis of consensus, towards the eventual
attainment of this objective.
– November 2002
Key Developments, 2004-17

Framework
of the Code
Draft DOC of Conduct
Guidelines August
TOR ASEAN- Adopted, 2017
China JWG 2005-2011
2004

TOR = Terms of Reference

Guidelines to Implement the DOC
• “ASEAN will continue its current practice of
consulting among themselves before meeting with
China.”
– Original draft (August 2005)
• After twenty-one successive drafts:
• “The Parties to the DOC will continue to promote
dialogue and consultations in accordance with the
spirit of the DOC.”
– Final wording (July 2011)
– China and ten ASEAN members (not ASEAN)
Framework of the Code of Conduct

1. Pre-
ambular

2. General
Provisions

3. Final
Clauses
 2. Single Draft
South China Sea Code of Conduct
Negotiating Text (SDNT)
Key Developments, 2018-2021?

3rd
Reading?
2nd Reading?

1st Reading of
the SDNT
August 2019 • Living Document
Single Draft
SCS COC • 3-Year Time Frame
Negotiating • No JWG DOC meetings held
Text August
2018 so far in 2020
 General Provisions
• Duty to Cooperate
2.c • Practical Maritime Cooperation

• Self-restraint/Trust & Confidence

2.c • Prevention of Incidents

• Management of Incidents
2.c • Other Undertakings
 Cooperative Activities Under the DOC
• a. marine environmental protection;
• b. marine scientific research;
• c. safety of navigation and communication at
sea;
• d. search and rescue operation; and
• e. combating transnational crime, including
but not limited to trafficking in illicit drugs,
piracy and armed robbery at sea, and illegal
traffic in arms.
3. Key Issues to be Resolved
 Key Issues

• Geographic Scope & Disputed Areas

1

• Maritime Law Enforcement

2 Cooperation Guidelines & Protocols

• Military Exercises and

3 Demilitarization
 Key Issues

• Dispute Settlement
4

• Role of Third Parties

5

• Legal Status of COC

6
Code of Conduct in the South China Sea

Emeritus Professor Carlyle A. Thayer

carlthayer@webone.com.au
School of Humanities and Social Sciences
The University of New South Wales, Canberra
at the Australian Defence Force Academy