Study On Major Controversies Over The South China Sea Code Of Conduct

At present,China and ASEAN countries are steadily advancing the consultation process for the formulation of the Code of Conduct for the South China Sea under the framework of implementing the Declaration on the Conduct of Parties in the South China Sea.In recent years,the "norms" consultations have made positive progress.China and ASEAN countries have reached consensus on the framework of the "Code".At the end of 2017,China and ASEAN countries have officially launched the next step in the negotiation of the “Guidelines.” In the process of consultations centering on the core content of the “Code,” the main clauses in the “Declaration” will become the “Guidelines” at this stage.The main focus of the dispute in the consultations.The formulation of the “Code” is not an easy task and cannot be achieved overnight.Whether it can be finalized depends critically on the political will and cooperation consensus of the countries in the South China Sea region.China’s role in the formulation of the “Code” plays a decisive role.After the "criterion" is formulated,it is bound to have a far-reaching impact on the situation in the South China Sea.Not long ago,China and ASEAN countries had held the first consultation on the text of the "Code" and made positive progress,and agreed to hold at least three more consultations during the year.Therefore,the major controversial issues that may exist in the "Guidelines" consultation process are the priorities we should study now.The purpose of this paper is to study the focal issues that parties may have significant disputes in the "Guidelines" negotiations,analyze the origins of the problems,and explore reasonable solutions.It is hoped that with the joint efforts of all parties,consultations will continue to make progress,and the "Code" will be reached as soon as possible on the basis of consensus.Together,we will create a system of rules thatreflect the will of the countries in the region,the reality of the countries in the region,and the national interests of the service areas."To become a "stabilizer" for maintaining peace in the South China Sea.Article text is divided into five parts:The first part is the introduction part,which mainly introduces the origin of the topic selection and the significance of the research,the research status of the "criteria" controversial issues at home and abroad,the research methods used in this paper,and the summary and reflection of the innovation and deficiency of this article.The second part is a summary of the "criteria" and their major controversial issues.To study the controversy over the "criteria," we must first conduct a study of the "criteria" itself.In this section,the article first introduced the background,development history and prospects of the "criteria." Secondly,the importance of the "Code" is analyzed.It is precisely because the "Code" will play an important role in the stability and development of the South China Sea region.It will affect the interests of all parties and make the "Code" consultations face many problems and challenges.Finally,the article briefly introduces some of the major controversial issues that will be encountered during the "Guidelines" consultation phase,and leads to the following.The third part focuses on the study of the contracting parties of the "Code",and analyzes several controversies surrounding the contracting parties,as well as the positions held by the parties on these disputed points and the reasons behind them.The first issue is whether to allow countries outside the territory to become contracting parties.Some ASEAN countries hope to introduce countries outside the border as contracting parties.However,this obviously will increase the complexity of South China Sea affairs.From the perspective of international law,there are also many irrational aspects.Second is the issue of the status of ASEAN countries during the negotiation and contracting.A group of ASEAN countries hopes to “husband to warm up” and hope that ASEAN countries will sign a contract with China in the capacity of ASEAN as a whole,with a view to bundling national issues with the entire ASEAN and enhancing their right to speak.On this issue,this paper demonstrates the irrationality of this claim from the perspective of ASEAN’s fitness and participation rights.Finally,it is the issue of the right to participate in the Taiwan region of China.The Taiwan region has always claimed that it has the right to sound in the South China Sea area.It wants to participate in the "guidelines" consultation and become the contracting party.However,as part of China,the Taiwan region can exercise its right of voice completely by China.The fourth part deals with the possible controversy over the "discipline" dispute settlement mechanism.This article analyzes the positions of all parties from the three main dispute points of the “criterion” dispute settlement mechanism: whether a dispute settlement mechanism is set up and its scope of application,the dispute settlement mechanism model,and whether the dispute can be appealed to international judicial mediation agencies.And proposed a possible solution: the establishment of a regional international organization as a dispute settlement agency,the agency is only applicable to the mediation of disputes,to ensure that the disputed state has full and fair communication opportunities,but not the right to settle territorial and sovereign disputes.And if a perfect dispute settlement mechanism is established,there is no need to resort to disputes to international judicial bodies.The fifth part studies the controversial issues that may arise from the supervision mechanism of the "Code".A perfect supervision mechanism can ensure that the "Guidelines" play their biggest role.The main question at the moment is who will supervise and monitor the scope of the issue.At present,it is advisable to establish a ministerial-level mechanism to supervise member states.The content of its supervision should be to monitor the daily behavior of member states.