On September 13, China and ASEAN countries held the 22nd Senior Officials’ Meeting on the Implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) in Xi’an. The parties agreed to continue fully and effectively implementing the DOC, deepening cooperation in fields such as marine environmental protection, scientific research, search and rescue, and law enforcement. They also agreed to accelerate consultations on a Code of Conduct (COC) in a flexible and innovative manner to reach an agreement as soon as possible.

The DOC, reached in 2002, serves as the foundation and beginning of the rules governing the South China Sea. Over the past 22 years, its significant role in managing maritime differences and potential conflicts has been widely recognized. In the face of renewed geopolitical competition, China and ASEAN countries need to propose new approaches to continue this mission.

The reason for the ongoing tension and uncertainty in the South China Sea lies fundamentally in the lack of trust, goodwill, and political will for cooperation from some claimant countries, as well as the ill intentions of certain external states. From breaking and refusing to honor the Gentlemen’s Agreement on the Ren’ai Jiao, to spreading the false claim that “China will reclaim Xianbin Jiao,” the Marcos administration in the Philippines has demonstrated bad faith and unilateral actions. This shift from cooperation to confrontation has been the main cause of the rising tensions in the South China Sea since 2023.

In fact, the disputes over territorial sovereignty and maritime jurisdiction concerning certain islands and reefs in the Nansha Qundao are merely a localized issue within the region and do not represent the entirety of bilateral relations between the involved parties. Only by returning to the path of trust, goodwill, and cooperation, and following the three steps implied in the DOC, can the parties avoid becoming further entangled in the South China Sea dilemma.

First and foremost, the disputes in the South China Sea should be de-geopoliticized.

Over the past decade, a prominent feature of developments in the South China Sea has been the increasing entanglement of the disputes with geopolitical competition. The U.S. has used the South China Sea as a lever to contain China, launching offensives from military, diplomatic, legal, public opinion, and intelligence fronts. Japan, Australia, India, and other extraregional countries have also sought to advance their own geopolitical interests in the region, shifting the South China Sea from an era of rule-building to one of power competition.

The “game” of external countries seeking power resources in the South China Sea often requires claimant states as internal collaborators. The Philippines and other claimant countries should cease, or even withdraw, their support for the U.S. in providing frontline military bases and conducting joint military operations targeting specific nations in sensitive waters. In fact, the essence of the DOC is that the South China Sea issue should be resolved through negotiations between the concerned parties, with all sides exercising restraint and avoiding actions that could complicate or escalate the disputes. This principle is also the common policy of Malaysia, Indonesia, and most other ASEAN countries.

Secondly, honesty and goodwill must be the primary principles in addressing maritime disputes. 

Without honesty, even if disputing parties reach a series of agreements, it will be difficult to effectively manage differences and prevent maritime conflicts. The Philippines’ reversal on the Ren’ai Jiao issue in 2023, which led to escalating tensions, is a prime example. Moreover, no consensus, rule, system, or norm can be flawless, which makes the principle of goodwill even more crucial. 

Only when disputing nations approach each other with goodwill, working together to maintain regional peace and stability, can they develop a “South China Sea model” for resolving disputes peacefully. This ensures that agreements, rules, systems, and norms have real impact, rather than being distorted or taken out of context for unilateral gain.

Finally, use the negotiations on a COC as an opportunity to establish new norms, goals, rules, and order for the South China Sea. 

The signing of the DOC was only the first step for China and ASEAN countries in jointly creating a rules-based order that fits the regional context. As a continuation and development of the DOC, the negotiations on a COC carry the mission of building a new rules-based order for the South China Sea, offering hope that the region may return to an era of order and stability.

For this very reason, the U.S. and some other external countries are reluctant to see their plans for expanding interests interrupted. They continue to seek gains from chaos and disorder, while attempting to influence the negotiations on a COC through their proxies. Similarly, some claimant countries hoping to fish in troubled waters are resistant to the regulations that a COC would impose. However, in the long run, seizing the opportunity presented by the negotiations on a COC to establish a comprehensive rules-based system covering military, diplomatic, and cooperative aspects—and creating a set of new norms and order rooted in but transcending existing international law and practice—will be the key to stabilizing the South China Sea. It is also the only path to sustainable development and prosperity in the region.