PARTIES’ DIFFERENT POSITIONS IN THE NEGOTIATION OF THE CODE OF CONDUCT IN THE SOUTH CHINA SEA

Abstract

The paper analyzes the various differences in parties’ positions in the process of negotiating a Code of Conduct (COC) in the South China Sea between the Association of Southeast Asian Nations and China that has taken place over the past three decades. These include the issues as follow: (i) The geographical scope of the COC; (ii) The binding legal value of the COC; (iii) Dispute settlement mechanism and COC implementation monitoring; (iv) COC legal standards; and (v) Third party involvement and interests in the COC. From these differences, the author argues that it is difficult to hope that there will soon be a Code of Conduct to manage and reconcile conflicts and build trust among the parties in the South China Sea, aiming for final solutions to disputes.