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This article provides an overview of diplomatic efforts by the Association of South East Asian Nations (ASEAN) and China to reach an agreement on a Code of Conduct in the South China Sea. The article covers the period from 1992, when ASEAN issued its first statement of concern on the South China Sea, to September 2013 when the two sides commenced formal consultations on the Code of Conduct. The article concludes that the process is likely to be protracted if not interminable.
Introduction
Current territorial and. maritime jurisdiction disputes in the South China Sea are the major irritant in relations between China and the claimant states of Southeast Asia-Brunei, Malaysia, the Philippines, and Vietnam. All four claimant states are members of the Association of Southeast Asian Nations (ASEAN). Since ASEAN was founded in 1967, it has sought to preserve Southeast Asia's autonomy from interference by outside powers. At the same time, ASEAN has sought to assert its centrality in regional security affairs.
South China Sea disputes have proven to be a particularly vexing obstacle to the attainment of these objectives. ASEAN has had difficulty reaching consensus among its diverse members on a unified South China Sea policy. ASEAN also has had difficulty asserting its centrality in dealing with China. China claims "indisputable sovereignty" over most of the South China Sea, and insists that these disputes be settled bilaterally by the countries directly concerned. This has created dynamic tensions in ASEAN-China relations.
ASEAN and China are in agreement that sovereignty disputes over features (islands and rocks) in the South China Sea can only be solved through direct negotiation between the claimant parties. But ASEAN also insists on a role in managing South China Sea disputes to prevent any claimant from using force or the threat of force to advance its claims pending the resolution of sovereignty disputes. Since 2002, ASEAN has sought to obtain China's consent to a binding Code of Conduct (COC) in the South China Sea.
This article provides an historical overview of the evolution of ASEAN's South China Sea policy from 1992 until 2013, when China finally agreed to commence official consultations on a COC. The analysis of this period is enriched by the inclusion of leaked diplomatic documents that shed new...