CODE OF CONDUCT FOR THE SOUTH CHINA SEA

1. Context

2. What has the conflict in the South China Sea been about?

• The South China Sea lies just south of the Chinese mainland and is bordered by the countries of Brunei, China, Indonesia, Malaysia, the Phillippines, Taiwan, and Vietnam. As early as the 1970s, these countries began to claim islands (mostly uninhabited) throughout the sea to lay control over the various resources that the region possessed, such as untapped oil reserves, natural gas, and fishing areas. It also has some of the most active shipping lanes on the planet.
• Today China's sweeping claims over the sea have antagonized other countries in the region. China claims the sea as its Exclusive Economic Zone (EEZ), arguing that other countries do not have the right to conduct any military or economic operation without its consent.
• This claim is disputed by the southeast Asian countries and in 2016, the Permanent Court of Arbitration at the Hague issued its ruling on a claim brought against China by the Phillippines under UNCLOS. It ruled in favor of the Phillippines on almost every count. However, China which itself is a signatory to UNCLOS refused to acknowledge the court's authority.
• Recent satellite imagery of the region has had destabilizing effects, showing China's efforts to not only increase the size of existing islands but create artificial islands across the region.
• According to the council of Foreign Relation, China has constructed ports, military installations, and airstrips in these islands-particularly in the Paracel and Spratly islands, where it has twenty and seven outposts, respectively. China has also militarised Woody Island by deploying fighter jets, cruise missiles, and a radar system.
• To protect the balance of power in the region, countries like the United States and Japan have come to the aid of the south-east Asian countries, providing them with military and economic aid.

• In 1995, China illegally occupied the Mischief Reef, just 210 km from the Phillippine island of Palawan. Other ASEAN countries saw it as a blatant attempt to alter the status quo in the region.
• As a response, ASEAN issued a Joint Communique in 1996 expressing concern over the situation in the South China Sea and calling "for the peaceful resolution of the dispute and self-restraint by the parties concerned." Further, a regional code of conduct was proposed, which would "lay the foundation for long-term stability in the area and foster understanding among claimant countries."
• After years of painful negotiation between ASEAN and China, a non-binding, aspirational Declaration of Conduct (DOC) in the south china sea was arrived at in 2002. This was supposed to be an important stepping stone for the creation of a binding code of conduct that would ensure peace and stability in the region. 
• However, China continued occupying more islands and resorting to military activities, causing ASEAN countries to express concerns about their sovereignty and interests.
• For the past 20 years, this has largely been the reality of the region. On one hand, China has stonewalled any attempts to arrive at a binding Code of Conduct. On the other, it has continued its expansionist policies, making the region extremely volatile.

4. Some Recent Developments

• In May 2017, ASEAN and China adopted a Framework of a Code of Conduct in the South China Sea intended to "facilitate the work for the conclusion of an effective Code of Conduct on a mutually-agreed timeline." A year later, an agreement on a Single Draft of the South China Sea Code of Conduct Negotiating Text (SDNT) was agreed upon. While hailed as an important moment by some, others have been more cautious when it comes to its appraisal.
• China's position in the SDNT is based on the recognition of the nine-dash line, a line which marks China's territorial claims, including a majority of the south china sea. In 2016, an arbitral tribunal constituted under UNCLOS concluded that China's historic-rights claim over the maritime areas inside the nine-dash line has no lawful effect if it exceeds what it is entitled to under the UNCLOS.
• This has led to concern from countries outside the immediate region, calling on the ASEAN and China to ensure that the Code of Conduct is "consistent with existing international law, as reflected in UNCLOS." A departure from UNCLOS while creating the Code of Conduct could open a can of worms, not just in the South China Sea but also in the rest of the world, wherever there are territorial or maritime disputes.

For Prelims & Mains