We all know the tension that is happening in the Southeast Asia because of the maritime issue of the South China Sea. Philippines and China are the main nations fighting for the said territory. Even if the United Nations arbitral tribunal had acknowledged the Philippines as the sole owner of the territorial waters since it’s part of the country’s Exclusive Economic Zone (EEZ), the Republic of China had denounced the said decision.

Aside from the Philippines, several other ASEAN countries like Vietnam are also amid tension with China. Since we don’t want to trigger a catastrophic World War 3 from ever realizing, the countries involved are working hard to make peace negotiations, in order to achieve a peaceful solution over the disputed territorial waters. It seems we’re now closer than ever to have that peaceful solution because the ASEAN countries and China are set to draft code of conduct for the South China Sea in the recently concluded ASEAN Summit 2017.

ASEAN and China Both Discussed the Dispute in the South China Sea and Agreed to Draft Code of Conduct

In a draft statement released in the ASEAN Summit 2017, Department for Foreign Affairs, Spokesman Robespierre Bolivar said that negotiations regarding the Code of Conduct over the disputed sea are currently on the works and its framework would base on what was discussed during the ASEAN Foreign Ministers Meeting (ADMM) last August.

“Pleased to announce that as a next step, Asean member states have agreed to officially commence negotiations with China on the COC,” the draft statement, a copy of which was obtained by media.

The top ten diplomats of ASEAN nations and China will work on a framework of CoC on the West Philippine Sea. The officials are hopeful that this draft would achieve mutual agreements and cooperation between countries given the designated timeline they’ve set. Bolivar also said that the commencement of the negotiation for the CoC will start in early 2018.

“Trust that we will continue this positive momentum and work towards a substantive and effective COC,” the draft statement said.

The Regional Bloc is Expected to Include Freedom of Navigation in the Code of Conduct

Foreign Affairs Spokesman Robespierre Bolivar said the negotiation for CoC will commence in 2018

Freedom of navigation, as well as over-flight above the sea, will be included as one of the rights the ASEAN members can obtain while traveling near the disputed sea. The leader diplomats would also make sure that the exercise of these rights would abide the international law according to the 982 United Nations Convention on the Law of the Sea (UNCLOS). This would also technically prevent all claimant countries from occupying new features as well as building structures in the contested waters. These terms, among others, will help the regional bloc in maintaining peace, stability, and freedom of navigation over the West Philippine Sea.

“It is in our collective interest to avoid miscalculations that could lead to escalation of tensions. By managing the SCS (South China Sea) issue well, we can keep Asean-China relations on the current positive trajectory,” the draft stated.

China Surprisingly Backed the ASEAN Code of Conduct

The ASEAN Regional Bloc and the Republic of China agreed to draft Code of Conduct over the disputed the South China Sea

Despite China’s strong refusal to acknowledge the decision of the UN arbitral tribunal, it doesn’t mean that the government had closed its doors for peaceful negotiations. China’s “warming relations” with the Philippine government under the leadership of President Duterte’s administration had a paved way not only for peace talks about the disputed sea but the Republic of China is also open to negotiate and back the Code of Conduct for the South China Sea. This was confirmed by the current ASEAN chairman, Philippine President Rodrigo Duterte during the highlights of the summit.

“At the ministerial level of the Asean, they are working on it (code of conduct). China has graciously agreed to a code of conduct; binds itself to the agreement. The overflight in space above and the use of the [South] China Sea will proceed. It was a promise of China, [that it will be]unbridled, unfettered, that we can use the space. I said to China, we’ll just observe certain norms of conduct. We were pressing China to set a date, and China said, do not just hurry up, but we will consider, really, the fast -tracking [of]this code of conduct,” Duterte added.

With this negotiation, as well as the drafting of CoC, the officials also reiterated their commitment to implement the Declaration on the Conduct of Parties in the SCS (DOC) in order to achieve a long-lasting peaceful solution over the disputed waters.