The recent water canon incident by China Coast Guard (CCG) against Philippine vessels near Ayungin (Second Thomas) Shoal in the West Philippine Sea (WPS) sparked fresh discussions on the progress of the Code of Conduct (COC) in the South China Sea, with a maritime expert saying it’s time for the Philippine government to “walk away” from the talks.

University of the Philippines (UP) professor and maritime expert Jay Batongbacal said China’s continuing aggression against Philippine vessels in the WPS makes the Association of Southeast Asian Nations (ASEAN) “look useless.”

“I think it’s time to call it quits on the ASEAN-CN [China] COC negotiations. There is no point in talking about COC mechanisms under conditions of threats, duress, and utter lack of self-restraint,” Batongbacal said on Twitter on Sunday, August 6.

“Continuing talks only make ASEAN look useless. Time to walk away!” he added.

The COC refers to a set of guidelines aiming to maintain stability and peace, and prevent conflict in the SCS where several ASEAN member-states have overlapping territorial claims with China namely Philippines, Brunei, Malaysia, and Vietnam.

The draft for the COC has been under negotiation since 2002 and last month, China and the ASEAN have agreed to accelerate the discussions and negotiations for the COC in SCS.

However, a CCG vessel with bow number “4203” fired a water canon and made dangerous maneuvers against a supply boat and a Philippine Coast Guard (PCG) vessel that were conducting a rotation and reprovision (RORE) mission at Ayungin Shoal on August 5.

Batongbacal said that walking away from the negotiations “is a valid negotiating option” for the Philippine government “especially if the other side shows no good faith.” 

“ASEAN should stop hobbling itself. For CN [China], talks themselves are the strategy. This is why it won’t talk with the US; it thinks that by not talking [to] the other side will have to offer concessions,” he said.

“It’s not about fair bargaining, give and take. It’s about ‘you give, I take.’ Same with COC & Track 2 talks for decades,” Batongbacal added, referring to the discussion in the SCS and the Track 2 diplomacy involving China’s engagement with the West through the efforts of non-governmental players.

The Philippine government has yet to comment on this but President Ferdinand Marcos Jr. had encouraged ASEAN leaders to unite and finalize the COC during the ASEAN Summit in Indonesia in May.