Philippines Leads Push for South China Sea Code of Conduct Under ASEAN Chairmanship | UNCLOS & 2026 Deadline
- As the 2026 Chair of the Association of Southeast Asian Nations (ASEAN), the Philippines is intensifying diplomatic efforts to finalize a long-delayed Code of Conduct (COC) for the...
- The initiative to establish a formal code to mitigate regional flashpoints was first proposed more than two decades ago, though formal drafting only commenced in 2017.
- Southeast Asian nations are pushing for a code grounded in international law, while Beijing has been repeatedly accused of disregarding UNCLOS in asserting claims over nearly the entire...
As the 2026 Chair of the Association of Southeast Asian Nations (ASEAN), the Philippines is intensifying diplomatic efforts to finalize a long-delayed Code of Conduct (COC) for the South China Sea. According to reporting from The Straits Times, Manila insists that the final document must explicitly reference the 1982 UN Convention on the Law of the Sea (UNCLOS) and aims to conclude the agreement by the end of its chairmanship.
The initiative to establish a formal code to mitigate regional flashpoints was first proposed more than two decades ago, though formal drafting only commenced in 2017. Progress has historically been slow and incremental. Under Philippine leadership in 2026, the negotiation pace has accelerated dramatically, with 104 working group meetings scheduled for the year. This marks the most intensive series of talks in the history of the COC negotiations.
The issue remains a significant geopolitical flashpoint. Southeast Asian nations are pushing for a code grounded in international law, while Beijing has been repeatedly accused of disregarding UNCLOS in asserting claims over nearly the entire South China Sea. Philippine Secretary of Foreign Affairs Lazaro reiterated that the COC must be legally binding. He acknowledged that the binding nature of the document remains a point of contention with China, which favors a consultative or non-binding framework.
Parallel Diplomacy and Maritime Tensions
The diplomatic push unfolds amid heightened maritime friction. On March 24, 2026, a fresh standoff occurred at Scarborough Shoal, where the Philippine Coast Guard protected local fishing boats from Chinese harassment involving water cannons and risky maneuvers. The incident took place while Manila was also managing a national energy emergency caused by global oil supply disruptions.
Despite these pressures, negotiations between the Philippines and China, as well as between ASEAN and China, are proceeding. The Department of Foreign Affairs (DFA) confirmed on March 27, 2026, that the 24th Philippines-China Foreign Ministry Consultations and the 11th Meeting of the Philippines-China Bilateral Consultation Mechanism on the South China Sea were being held in Quanzhou, China. DFA Undersecretary Leo Herrera-Lim is leading the Philippine delegation for these talks, which are scheduled to continue until March 28, 2026.
The DFA described the meetings as important bilateral dialogue mechanisms meant for frank exchanges on bilateral issues and exploring possible cooperation in non-sensitive areas. Meanwhile, DFA ASEAN Affairs spokesman Dax Imperial confirmed that discussions on the Code of Conduct will continue among regional bloc members and China. This confirmation came after President Marcos stated that upcoming ASEAN events might be shortened to focus on barebones agendas as the country battles the national energy emergency.
Security Alliances and Legal Frameworks
While pursuing diplomacy, Manila has strengthened its defense posture. The government has expanded security cooperation with the United States and signed landmark defense pacts with like-minded partners, including Australia, Japan and Canada. All four nations have publicly affirmed the 2016 Permanent Court of Arbitration ruling, which invalidated China’s expansive claims, a ruling Beijing continues to reject.
Analysis from The Defense Post suggests that neither unilateral naval deployments nor ASEAN-led cooperation alone can safeguard regional autonomy. The outlet notes that Southeast Asian claimant states face complex strategic realities that cannot be reduced to a simple choice. A stable and credible security arrangement requires a layered approach that blends bilateral commitments, minilateral cooperation, and ASEAN mechanisms.
Differences between states are best handled through formal diplomacy, not public rebuttals.
Philippine Secretary of Foreign Affairs Lazaro
Secretary Lazaro emphasized this point amidst unusually sharp exchanges between Chinese and Philippine officials in recent weeks, signaling a desire to keep negotiations on track despite rising tensions at sea. Beijing continues to assert indisputable sovereignty over the South China Sea, including waters within the Exclusive Economic Zones of the Philippines, Vietnam, Malaysia, Brunei, and Taiwan.
Outlook for Agreement
To break the deadlock on the binding nature of the code, Manila has proposed a series of strategies to ASEAN peers, including a significant increase in the frequency of high-level negotiations. However, external observers note significant hurdles. A December 2025 analysis by Chatham House indicated that tensions between China and the Philippines make an agreement on a South China Sea code of conduct unlikely to be concluded in 2026.
The Chatham House report suggested that while a formal agreement might not be finalized during the Philippine chairmanship, Notice other ways for the region to manage the dispute. The Philippines’ experiences across administrations illustrate the dynamic of engagement; under the previous administration, a pivot toward Beijing coincided with increased Chinese maritime militia activity. By contrast, the current administration’s renewed focus on the US-Philippines alliance was followed by noticeably more restrained behavior from the Chinese coast guard in certain periods, according to security analysts.
As the talks in Quanzhou conclude and the working groups convene throughout the year, the Philippines aims to balance its energy security concerns with its strategic imperative to secure a rules-based order in the South China Sea. The outcome of the 104 scheduled meetings will determine whether the 2026 ASEAN Chairmanship can deliver a substantive conclusion to the two-decade-long negotiation process.
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