China and the 10 members of the Association of Southeast Asian Nations are making progress in efforts to reduce tensions and build a less contentious relationship. The 11 governments produced a draft code of conduct for the South China Sea, a document nearly two decades in the making. In addition, last week they held the inaugural ASEAN-China maritime exercise, which is intended to become a regular feature of their relationship. These developments are welcome. At the same time, however, those parties must also recognize that the South China Sea is an international waterway that has great significance for many other countries. They, too, must have some say in the legal regime that emerges.
The disputes between China and rival claimants — Brunei, Malaysia, the Philippines, Taiwan and Vietnam — over water and territory in the South China Sea are well known. The controversies fester, however, because there is no consensus among Southeast Asian governments on how to deal with China. As a result, Beijing engages each disputant bilaterally and brings to bear its superior military and economic power to impose its preferred solution.
In 2002, ASEAN and China agreed on a "declaration on a Code of Conduct for the South China Sea." It called for self-restraint, the peaceful resolution of disputes and confidence building measures. It was, however, a "declaration," not a code of conduct and thus lacked the force of law. As a result, it has been violated as much as it has been honored, with countries — and especially China — building up, fortifying and militarizing territory that they claim.