Declaration On The Conduct of Parties in The South China Sea

DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH
CHINA SEA
The Governments of the Member States of ASEAN and the Government of the People's Republic of China,
REAFFIRMING their determination to consolidate and develop the friendship and cooperation existing
between their people and governments with the view to promoting a 21st century-oriented partnership of
good neighbourliness and mutual trust;
COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea
between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in
the region;
COMMITTED to enhancing the principles and objectives of the 1997 Joint Statement of the Meeting of the
Heads of State/Government of the Member States of ASEAN and President of the People's Republic of China;
DESIRING to enhance favourable conditions for a peaceful and durable solution of differences and
disputes among countries concerned;
HEREBY DECLARE the following:
1. The Parties reaffirm their commitment to the purposes and principles of the Charter of the United
Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in
Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles
of international law which shall serve as the basic norms governing state-to-state relations;
2. The Parties are committed to exploring ways for building trust and confidence in accordance with the
above-mentioned principles and on the basis of equality and mutual respect;
3. The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight
above the South China Sea as provided for by the universally recognized principles of international law,
including the 1982 UN Convention on the Law of the Sea;
4. The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful
means, without resorting to the threat or use of force, through friendly consultations and negotiations
by sovereign states directly concerned, in accordance with universally recognized principles of
international law, including the 1982 UN Convention on the Law of the Sea;
5. The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or
escalate disputes and affect peace and stability including, among others, refraining from action of
inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle
their differences in a constructive manner.
Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned
undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust
and confidence between and among them, including:
a. holding dialogues and exchange of views as appropriate between their defense and military
officials;
b. ensuring just and humane treatment of all persons who are either in danger or in distress;
c. notifying, on a voluntary basis, other Parties concerned of any impending joint/combined
military exercise; and
d. exchanging, on a voluntary basis, relevant information.
6. Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore
or undertake cooperative activities. These may include the following:
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at sea;
d. search and rescue operation; and
e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and
armed robbery at sea, and illegal traffic in arms.
The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be
agreed upon by the Parties concerned prior to their actual implementation.
7. The Parties concerned stand ready to continue their consultations and dialogues concerning relevant
issues, through modalities to be agreed by them, including regular consultations on the observance of
this Declaration, for the purpose of promoting good neighbourliness and transparency, establishing
harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes
among them;
8. The Parties undertake to respect the provisions of this Declaration and take actions consistent
therewith;
9. The Parties encourage other countries to respect the principles contained in this Declaration;
10. The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would
further promote peace and stability in the region and agree to work, on the basis of consensus, towards
the eventual attainment of this objective.
Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of
Cambodia.

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