Philippines’ U-turn on South China Sea code of conduct a sign tensions remain stumbling block to progress

If Manila goes ahead and files charges against Chinese fishermen over the alleged use of cyanide to damage the Scarborough Shoal, it would be an attempt by the Philippines to resort to legal options to promote its maritime interests, observers added.

There is also the worry that excluding China – the sea’s biggest claimant – from the discussion could “further complicate efforts to conclude a regional code of conduct”, Pitlo said.

“This may help account for the reception to Manila’s proposal for an Asean claimants-only code,” Pitlo said, noting that claimant states also did not want to leave their largest trade partner out of the conversation.

China has been the largest trade partner for not just the Philippines, Malaysia and Vietnam but also Asean as a whole for 14 consecutive years, with bilateral trade volume between China and the bloc standing at US$975.3 billion in 2022.

Despite Marcos Jnr’s comments about approaching regional neighbours, Vietnam and Malaysia did not issue any official responses or comments.

Aaron Jed Rabena, a senior lecturer at the University of the Philippines’ Asian Centre, said Manila was consistent in maintaining its commitment to the regional COC as it believed that it was “a diplomatic way to rein in China’s behaviour” in the South China Sea.

The mini COC, he said, was an attempt by the Philippines to “strengthen its bargaining position and rally a united front versus” China.

“Whether or not Malaysia and Vietnam are on the same page with the Philippines will depend on their current and future threat perception of China,” Rabena said.

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Chinese floating barrier blocks entrance to Philippine ships at South China Sea flashpoint

He added that the dispute between the Philippines and China should not be