though China and ASEAN are working toward realizing a “code of conduct” for the South China Sea that is legally binding and that creates a structure for confidence building measures, this does not appear likely to have much effect on the most fundamental problems in the South China Sea, namely territorial issues, fishing rights and access to natural resources, and naval buildup. (2) Problems in the South China Sea are difficult to resolve either legally or politically and there appears to be little political will for a win-win resolution of sovereignty issues. (3) Germinating geopolitical conflict between the United States and China in Asia is making already complex and difficult problems more difficult