China's commitment to legally binding COC uncertain

Foreign Affairs Secretary Enrique Manalo stated that both ASEAN and China remain committed to finalizing a South China Sea Code of Conduct (COC) by next year, but the legal enforceability of the COC remains contentious.

Manalo emphasized during a press briefing in Makati City on Thursday, April 24, that while all parties aim to finalize negotiations by the set deadline, China's commitment to a legally binding agreement is still uncertain.

President Ferdinand Marcos Jr. highlighted the importance of addressing key issues like the relationship between the COC and the existing non-binding Declaration on the Conduct of Parties in the South China Sea (DOC).

Negotiations for a legally binding COC have been ongoing since 1984 but were slowed during the pandemic due to travel restrictions.

China has yet to explicitly commit to a legally binding agreement, which would distinguish it from the current non-binding DOC.

This month, ASEAN and China held three days of negotiations in Manila on a proposed Code of Conduct for the South China Sea, aiming to prevent disputes from escalating into major conflicts involving the United States and other Asian countries.