• Summary

This legal document contains the Declaration on the Conduct of Parties in the South China Sea (the DOC) signed on 4 November 2002 between ASEAN and the People’s Republic of China. The DOC is not legally binding. The document states the commitment of ASEAN (its member en bloc) and China on the UN charter, the 1982 UNCLOS, and other universally recognized multilateral principles governing state-to-state relations, which include their respect to the freedom of navigation in and overflight above the South China Sea. The DOC also reiterates parties’ undertaking to settle the territorial and jurisdictional dispute via non-violent means, to exercise self-restraint from activities complicating the peace and stability in the South China Sea, and to conduct regular consultations. Finally, the DOC also mentions the future progress towards the code of conduct (COC) for the South China Sea to further promote peace and stability.

Because of the lack of enforcement clauses, the DOC works on a ‘voluntary basis’ and ‘consensus’ between all parties concerned to build trust and confidence. Therefore, this non-legally binding DOC has not effectively contributed to an official establishment of a COC, not to mention legally binding or not. Thus, ASEAN members and China are in essence stagnating since 2002 without an official establishment of the COC.

• Document: Declaration on the Conduct of Parties in the South China Sea (the DOC) signed in 2002 between ASEAN and the People’s Republic of China (English version)
• Alternative Document Language
  • Vietnamese version