South China Sea: punitive Code of Conduct needed

More effort is needed on a legally-binding Code of Conduct (CoC) to resolve disputes in the South China Sea, contends Wu Shicun 吴士存 National Institute for South China Sea Studies president.


Zhang Feng 张锋 Australian National University (also affiliated with the National Institute for South China Sea Studies) also contributed to the article.

The 13 November China-ASEAN Summit (10+1) in Manila produced an agreement to begin official talks on a CoC to resolve disputes in the SCS, notes Wu. China wants

  • a more legally binding code of conduct, with supervisory and punitive mechanisms
  • to fill a gap in crisis management mechanisms
  • to boost political trust and security cooperation between China and ASEAN

Given disputes cannot be solved overnight, a rules-based institutional order based in the South China Sea can

  • ease regional tensions and help maintain peace and stability
  • ease suspicions of outside countries such US, Japan and Australia, and avoid their intervention
  • help create a regional order in the interest of all involved states, not least China

China is wary of a 'rules-based order' as proclaimed by the US, Japan, Australia and other outsiders, argues Wu, but can build a regional order and rules according to its own strategic goals and the interests of all parties. This way China can seize the initiative, and increase its institutional voice and leadership role, he says.

Note: Wu is closely associated with the government, and led 'informal talks' with the Philippines after the Permanent Court of Arbitration ruling on the South China Sea in 2016.