A historic diplomatic shift as ASEAN and China prepare to sign the South China Sea Code of Conduct — transforming contested waters into a framework for peace, cooperation, and regional integrity at the 2025 ASEAN Summit
By Dr Mohd Safar Hasim
The 2025 ASEAN Summit in Kuala Lumpur will be remembered not merely for its ceremonial grandeur or diplomatic pageantry, but for a historic breakthrough that could reshape the maritime future of Southeast Asia.
After decades of tension, negotiation, and strategic ambiguity, ASEAN and China are poised to sign the long-awaited Code of Conduct (COC) for the South China Sea — a binding framework that promises to transform one of the world’s most contested waters into a zone of peace, cooperation, and restraint.
This signing is not just a highlight of the summit — it is its defining achievement. It reflects ASEAN’s capacity to lead from within, to forge consensus across diversity, and to assert its role as a convener of peace in a multipolar world.
For China, it marks a strategic pivot toward regional trust-building and cooperative diplomacy.
For Malaysia, the host and co-chair of the negotiations, it is a moment of legacy—a testament to its role as a regional peace architect.
The urgency of a binding code has never been clearer. The South China Sea has long been a crucible of geopolitical tension. In 1988, a deadly naval clash between China and Vietnam in the Spratly Islands left 64 Vietnamese sailors dead. In 1995, China’s construction of structures on Mischief Reef — claimed by the Philippines — triggered ASEAN’s first collective diplomatic protest.
Since then, incidents involving fishing vessels, coast guard ships, and military patrols have become routine, with Filipino, Vietnamese, and Malaysian crews often facing intimidation or obstruction.
These flashpoints exposed the limitations of existing frameworks. The 2002 Declaration on the Conduct of Parties (DOC), while a symbolic step forward, lacked enforcement mechanisms and failed to prevent escalation. The need for a binding, operational code became a strategic imperative — one that ASEAN pursued with quiet determination and China gradually came to accept.
The 24th ASEAN–China Senior Officials’ Meeting on the Implementation of the DOC, held in Kuching in August 2025, marked a turning point. Co-chaired by Malaysia and China, the meeting brought together senior officials from all ten ASEAN member states, with Timor-Leste participating as an observer.
China’s active engagement in the negotiations—coupled with its readiness to sign the Southeast Asia Nuclear Weapon-Free Zone (SEANWFZ) Treaty protocol without reservations—signalled a shift in tone. It suggested that Beijing, while firm in its claims, was willing to explore cooperative mechanisms that could reduce friction and build trust.
The terms of the COC, now finalised and ready for signing, reflect a shared commitment to restraint, legality, and regional stewardship. Parties have agreed to resolve disputes peacefully, avoid militarisation of contested zones, and adhere to international law — particularly the United Nations Convention on the Law of the Sea (UNCLOS).
The code promotes joint marine environmental protection, scientific research, and coordinated search-and-rescue operations. These provisions are not merely technical; they represent a philosophical shift from confrontation to collaboration.
Importantly, the COC will be implemented through ASEAN-led mechanisms, not under the auspices of the United Nations. This reflects ASEAN’s diplomatic ethos: consensus-driven, non-interventionist, and regionally anchored.
The Joint Working Group on the DOC will oversee operationalisation, supported by confidence-building measures such as joint patrols, communication hotlines, and shared training exercises.
Malaysia has proposed a rotational oversight model, allowing member states to take turns chairing implementation reviews — ensuring transparency and shared responsibility.
The implications of this breakthrough are profound. First, it could de-escalate tensions in maritime hotspots such as the Spratlys and Paracels, where rival claims have long fuelled strategic anxiety.
Second, it could enhance regional cooperation in areas like disaster response, environmental protection, and trade — sectors that depend n maritime stability.
Third, it could serve as a model for multilateral governance in other contested zones, from the East China Sea to the Arctic.
For Malaysia, the COC represents both a diplomatic achievement and a legacy opportunity. By co-chairing the negotiations and hosting the summit, Malaysia has positioned itself as a strategic convener — balancing regional interests, fostering dialogue, and reinforcing civic integrity.
Prime Minister Datuk Seri Anwar Ibrahim’s emphasis on tangible implementation and his call for Palestinian sovereignty reflect a broader vision: one where diplomacy, justice, and regional solidarity converge.
Malaysia’s internal reforms mirror its external commitments. The recent announcement of reimbursements for victims of MyKad-linked Sara aid misuse underscores the government’s resolve to fortify identity systems and protect citizens from exploitation. These efforts — rooted in civic integrity and technological foresight—align with the principles of the COC: transparency, accountability, and cooperative governance.
Of course, challenges remain. The COC must navigate divergent national interests, historical grievances, and strategic ambiguity. China’s expansive claims, anchored in its 1992 Territorial Sea Law and the “nine-dash line,” continue to clash with UNCLOS interpretations upheld by ASEAN states.
Moreover, enforcement will depend not only on diplomatic will but also on operational readiness, legal clarity, and sustained political support.
Yet the very act of negotiation — of sitting across the table, drafting terms, and envisioning shared futures — is itself a victory. It affirms ASEAN’s capacity to lead, to convene, and to shape outcomes in a region often overshadowed by great power rivalry.
It also reflects China’s recognition that regional stability is best achieved through dialogue, not dominance.
In a world increasingly defined by fragmentation and unilateralism, the South China Sea COC stands as a testament to regional diplomacy, historical reckoning, and strategic foresight.
It shows that even in the most contested waters, consensus is possible — and that peace, while fragile, can be architected through trust, law, and shared purpose.
As the 2025 ASEAN Summit unfolds in Kuala Lumpur, the signing of the COC will not only reshape maritime norms but also reaffirm ASEAN’s role as a builder of peace, a guardian of sovereignty, and a steward of regional integrity.
For Malaysia, it is a moment of pride — and a call to continue leading with clarity, courage, and civic conviction.
The views expressed here are entirely those of Dr Mohd Safar Hasim, a Council Member of the Malaysian Press Institute (MPI)
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