Legal Analysis On Code Of Conduct On South China Sea From International Law Perspectives

It is the common aim for China and ASEAN claimant states to reach the early conclusion for Code of Conduct on South China Sea since the early 21st century in order to maintain security and stability in the South China Sea region,to prevent and manage crisis,to avoid incidents escalate into conflicts,to build mutual trust and confidence among claimant states,and to promote peaceful settlement of international dispute.Based on 2002 Declaration on the Conduct of Parties in the South China Sea and its guidelines,the discussions for the document have been launched in platforms of Senior Official's Meetings,Joint Working Group,and Eminent Persons and Expert Group.The prospected Code of Conduct on South China Sea is aimed to be designed as a more detailed document with legal binding forces,feasible and operative measures for implementation,and effective supervision and monitoring mechanisms to act as a provisional but long-term instrument before a final decision to South China Sea disputes has been confirmed.The discussion for Code of Conduct on South China Sea has been going through a long period of time due to manifest conflicts lying in aspects of substantial,provisional and enactment issues among China and ASEAN states.Meanwhile,the drafts of Code of Conduct initiated by the Philippines,Indonesia and ASEAN have additionally provided basis and beneficial references for progress in further discussions.As one of the signatory parties,China has been consistently maintaining the attitude of reaching reasonable expectations,coming to consensus,avoiding interference and following step-by-step strategy for early conclusion of the document.Under the present circumstances,after the South China Sea Arbitration awards,the "appropriate time" and the "appropriate conditions" are satisfied for negotiation,enactment and conclusion of the document,and the parties are all eagerly expecting for the outcome of new codes for playing the roles to restrain the activities of claimant states,to avoid escalation of conflicts and to rebuild order in the region.As the negotiation going on,it is prospected the Code of Conduct will come to an early conclusion by mid-2017,and will gradually reach its aim and expectations.The Code of Conduct will also be regarded as a milestone for settling disputes peacefully and independently among claimant parties so as to avoid interference from outsiders,to promote the establishment of ASEAN-China destiny community by putting aside disputes and to promote cooperation,as well as to provide beneficial references for relieving,coordinating and settling disputes in other regions.