VietNamNet Bridge – Scholars and experts at a recent workshop in New
York stressed the need to settle territorial disputes in the East Sea via
peaceful means and in line with international law.
Participants from the US,
Vietnam, China, Australia, Britain, the Philippines and Singapore made an
in-depth analysis of the causes of recent tensions in the East Sea, the role of
international law, US-China relations and the role ASEAN plays in settling
disputes.
They all shared the view that the
East Sea has huge oil and gas reserves and abundant fishing resources, in
addition to a strategic geopolitical position with key international shipping
routes, which makes it the centrepiece of territorial disputes among regional
countries.
A Vietnamese representative gave
evidence at the workshop asserting Vietnam’s indisputable sovereignty over the
Hoang Sa and Truong Sa archipelagos in the East Sea.
Nguyen Thi Thanh Ha, head of the
International Law and Treaty Department under the Ministry of Foreign Affairs,
reiterated Vietnam’s consistent policy of settling East Sea disputes according
to international law, including the 1982 UN Convention on the Law of the Sea
(UNCLOS).
She stressed the importance of
peaceful negotiations for settling disputes, especially those related to
maritime sovereignty and jurisdiction.
Zhu Chenghu, Director General of
the Research Department of the National Defense University of China, attributed
the on-going East Sea tensions in part to the US’s recent shift of focus to the
Asia and Pacific region, saying China fears that the US policy will obstruct
its development.
According to Zhu, China and the
US both have interests in the East Sea, and they hope to maintain peace and
stability, ensure maritime freedom, and deal with complicated situations in the
region peacefully.
A number of delegates at the
workshop said the emergence of nationalism among concerned parties, primarily
China, is making the situation more complex.
Christopher Hill, former US
Assistant Secretary of State for East Asian and Pacific Affairs, suggested that
China identify its primary interests and harmonise them with those of other
ASEAN countries.
He stressed that all the parties
concerned need to take a more modern, mutually beneficial approach to
sea-related disputes, rather than demanding bilateral negotiations, as China
has recently done.
According to Hill, sea-related
disputes with neighbouring countries will not benefit China - a globally
influential nation. It should instead focus on developing good relations with
its neighbours, he said.
He shared the US’s experience in
developing relationships with smaller Latin American countries, saying the US
tries to prove that it respects these countries’ interests.
Yang Fang from the Singapore
Centre on Asia and Globalisation, pointed to the fact that since it was signed
in 2002, the Declaration on the Conduct of Parties in the East Sea (DOC) has
helped prevent major disputes among the parties concerned, especially those
involving the military.
He suggested that the concered
parties work on developing a more legally binding document such as a code of
conduct (COC) as soon as possible to help settle sea-related issues in the
future.
A representative from the
Philippines argued that a COC should be implemented along with international
laws because it cannot address all the specific regional issues.
Robert Beckman, director of the
Centre for International Law under the National University of Singapore, said
China should promote its interests in accordance with international law. He
explained that if an international tribunal delivers a verdict in a Philippine
lawsuit against China, both parties’ claims will be made clear under UNCLOS,
laying a foundation for a negotiation process, which many see as a long-term,
viable solution to legal disputes regarding the East Sea.
The Director of the US
Asia-Pacific Security Programme, Patrick Cronin, said the Philippine case will
help clarify China’s claim on the area included within its “nine-dotted line”,
which has been described as illegal.
Professor Jerome Cohen of New
York University’s School of Law stated that the situation in the East Sea is
quite complex, and the Philippine suit could break the deadlock in the
negotiation process. If the tribunal rules that the “nine-dotted line” is
illegal, this could create a basis for negotiations on sea disputes.
Professor Huang Jing, director of
the Singapore Centre on Asia and Globalisation, posited that the crux of the
matter is to settle the dispute peacefully. To do this, the parties concerned
need to follow international laws, as well as internationally recognised norms
and practices.
They need to restrain themselves
from escalating the situation into a major crisis and create a framework that
will enable them to sit down and work out viable solutions.
Duncan Mccargo, Professor of
Southeast Asian Politics at the University of Leeds in the UK, proposed
promoting international law and maintaining the existing mechanisms in which
ASEAN plays a central role, including the ASEAN Regional Forum (ARF) and ASEAN
Defence Ministers Meeting plus (ADMM+).
He underlined the need to deal
with an increased military budget of several countries, which is damaging the
confidence among regional countries, and strengthen US-China cooperation rather
than get involved in face-to-face confrontation.
He concluded that settling
disputes in the East Sea is a long process that requires the cooperation and
patience of all parties concerned.
Source:
VOV
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