MANILA, Philippines — ASEAN and China have reached provisional agreement on more than 80 percent of the paragraphs in the proposed Code of Conduct (COC) in the South China Sea, bringing years of negotiations closer to completion as the Philippines hosts the 49th ASEAN Summit and Related Summits.
In a detailed briefing, the ASEAN Chair announced the substantial completion of negotiations, with discussions now entering their final phase toward establishing an effective and substantive agreement consistent with international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The breakthrough followed intensified negotiations in 2026, including nine rounds of talks and two Senior Officials’ Meetings initiated upon the recommendation of the Philippines as ASEAN Chair.
The ASEAN Chair also commended Malaysia and China, co-chairs of the ASEAN-China Joint Working Group on the Implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC), for their role in advancing the negotiations.
Among the major developments was a provisional agreement defining the relationship between the proposed COC and the 2002 DOC.
The parties agreed that the DOC would serve as the foundation of the COC, while the new agreement would build on its principles through more effective and substantive provisions governing conduct in the disputed waters.
The proposed COC would also serve as a platform for voluntary maritime cooperation, provided that such activities comply with international law and respect the sovereignty, sovereign rights, and jurisdiction of coastal states.
However, the ASEAN Chair clarified that the agreement is intended to manage differences and prevent incidents at sea, rather than settle competing territorial or maritime claims.
ASEAN and China also reaffirmed that the COC must not diminish the rights and obligations of any state concerning the South China Sea, including countries that are not parties to the agreement.
The parties emphasized the importance of maintaining freedom of navigation and overflight, ensuring maritime safety, and peacefully resolving disputes in accordance with international law.
Negotiations for the COC trace back to the adoption of the DOC in 2002, when ASEAN and China committed to developing a framework that would further promote regional peace and stability.
A framework for the COC was adopted in 2017, while guidelines issued in 2023 committed the parties to accelerating negotiations and concluding an effective and substantive agreement within three years or earlier.
Despite the latest progress, the proposed COC has not yet been finalized, with outstanding provisions still requiring consensus among the negotiating parties.
The ASEAN Chair stressed the importance of maintaining a conducive regional environment and strengthening mutual trust to preserve the momentum achieved during the negotiations.
“The Parties agree to continue to work constructively, with a view to concluding the negotiations on an effective and substantive COC at the earliest possible time,” the briefing stated.
The remaining negotiations will determine whether ASEAN and China can reach a final agreement on a framework aimed at managing maritime tensions and preventing confrontations in the South China Sea.
