VietNamNet Bridge – The peace in the East Sea depends on the
goodwill and political responsibility of related parties. The principle that is
appropriate to apply in the current situation is “simple matters are solved
firstly, followed by complicated ones.”
Dr. Tran Cong Truc, former chief
of the Government Border Committee, pointed out five initiatives to deal with
disputes in the East Sea, in his book entitled “Vietnam’s Hallmarks in the East
Sea.”
Disputes in the East Sea are
extremely complicated and are latent hazard which can cause tension, conflict
and instability in the region and the world.
To basically solve the disputes,
many scholars and politicians have raised valuable initiatives. Below are
remarkable initiatives:
Firstly, having a common consent
on the way of explanation and application of standards to define the waters and
continental shelf being of sovereignty, sovereignty rights and jurisdiction of
coastal countries around the East Sea.
Secondly, being unanimous in the
waters and overlapped continental shelf which are formed based on coastal
countries’ claims under the United Nations Convention on the Law of the Sea
1982.
Thirdly, being unanimous in the
waters and continental shelf of Hoang Sa (Paracel) and Truong Sa (Spratly)
Islands, as off-shore archipelagos, not archipelagic states because islands
there are very small, which are unsuitable for human life and do not have
economic life.
Fourthly, having common consent
on legal principles and international practice applied for defining the rights
to acquire territory over Hoang Sa and Truong Sa in order to settle territorial
sovereignty disputes over the two archipelagoes.
Fifthly, any claim that is
inappropriate to approved standards must be considered as worthless.
The appropriate guideline for the
current situation is firstly dealing with simple matters and then complicated
ones.
Therefore, we should temporarily
put aside territorial sovereignty disputes over Hoang Sa and Truong Sa;
temporarily maintain the status quo of related parties on the two archipelagos;
Each inhabited island is allowed to have territorial waters of 12 nautical
miles; shoals with artificial works will have a safety area of 500m around.
Related sides have to reach
agreement on the marine boundary and continental shelf under the UNCLOS to
define the overlapped areas, from that clarifying marine and continental shelf
frontier.
When parties do not reach consent
to the final boundary, they can apply a temporary solution - joint development
– in overlapped areas.
The East Sea’s peace is the
common concern of all countries in the region and the world in general. It
depends on the goodwill and political responsibility of related countries, both
inside and outside the region.
Tran Cong Truc
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