From Declaration to Code : Continuity and Change in China’s Engagement with ASEAN on the South China Sea.

Abstract

Developments in the South China Sea (SCS) over the past two decades provide a telling illustration of the evolution of ASEAN–China relations. Its progression since the early 1990s indicates how the relationship has grown more asymmetrical, how realpolitik has marched ahead of the rule of law, and how power equations in the SCS are rapidly changing as a result of China’s rise. China started negotiations with ASEAN on a code of conduct in the SCS in 2000 which culminated in the signing of the Declaration on the Conduct of Parties in the South China Sea (DOC) in November 2002.2 The DOC is not designed to resolve territorial and jurisdictional disputes in the SCS, and instead prescribes general principles for peaceful settlement of disputes, a set of norms of conduct to maintain the status quo, a platform for maritime cooperation and confidence building, and a stepping-stone towards a future code of conduct.