ASEAN, China struggle to finalize South China Sea Code of Conduct amid rising tensions
ASEAN and China have been negotiating a Code of Conduct for the South China Sea since 2002 to manage territorial disputes involving multiple nations. As of November 2026, both sides aimed to complete negotiations by the end of the year, with the Philippines serving as ASEAN chair. However, tensions remain high with recent maritime confrontations between Chinese and Philippine vessels near Scarborough Shoal and Second Thomas Shoal. The dispute involves competing claims over the Spratly and Paracel Islands, with China claiming sovereignty over most of the sea despite a 2016 international tribunal ruling that rejected its claims. About 40 percent of global maritime trade passes through these waters, making regional stability a global economic concern. Internal ASEAN divisions and US-China rivalry further complicate prospects for reaching a binding agreement.
Key facts
- ASEAN and China have negotiated a Code of Conduct for the South China Sea since 2002
- A 2016 international tribunal ruled China's sweeping territorial claims have no legal basis
- Approximately 40 percent of global maritime trade passes through the South China Sea
- Recent maritime incidents occurred at Scarborough Shoal and Second Thomas Shoal in 2026
- China claims sovereignty over most of the South China Sea despite competing claims from Philippines, Vietnam, Malaysia, and Brunei
- Philippines held ASEAN chairmanship in 2026 to push for Code of Conduct completion
How different outlets framed it
Left-leaning coverage: Left-leaning outlets like Radio Free Asia and Crisis Group emphasize China's assertive militarization, coast guard patrols, and obstruction of diplomatic progress. They highlight the 2016 international tribunal ruling invalidating China's claims and note that ASEAN claimants lack the military capacity to counter Beijing's superior naval might. These sources stress that a meaningful code requires addressing China's coercive tactics.
Right-leaning coverage: Right-leaning outlets like Fox News and sources citing Trump administration positions stress China's near-doubling of coast guard and navy vessels around disputed areas, framing this as a challenge to US treaty commitments to the Philippines. They emphasize that the Trump administration would discourage any code that restricts US freedom of navigation operations in the South China Sea.
Limits of this briefing
Chinese state media and official perspectives are limited in the search results; most sources represent Western, Southeast Asian, or international NGO viewpoints. Coverage reflects perspectives of allied nations and democracy-focused outlets more prominently than China's own policy rationale.
Sources
- East Asia Forum: Drifting through dispute in the South China Sea Centre
- Radio Free Asia: ASEAN, China unlikely to finalize South China Sea Code of Conduct at upcoming summit Centre
- Crisis Group: South China Sea Left
- Fox News: China nearly doubles ships near Philippines, raising US treaty risk Right
- Asia Times: The South China Sea consensus no ASEAN chair can move Centre