A peaceful solution based on international law for disputes in the South China Sea

20/08/2014


On July 30, Congressman J. Randy Forbes, Chairman of the Subcommittee on the Forces and Maritime Power of the US House Armed Services Committee doubles as Chairperson of the American Parliamentarians on China and Congressman Colleen Hanabusa, a member of the US House Armed Services Committee introduced to the House of Representatives a draft of resolution on the disputed waters in the Asia-Pacific region, namely the East China Sea and South China Sea.
 The contents of the resolution given to House majority like S.Res-412 resolution which the US Senate passed on July 10. However it is a more detailed list of actions to destabilize the region conducted by China, including the case on December 5, 2013 when Chinese ship deliberately provocated cruiser USS Cowpens of the United State and the deployment of the oil rig HD981 in the continental shelf and exclusive economic zone of Vietnam.
The Resolution reaffirmed the US stance opposes to any other country in the South China Sea claimants use of force or threat using of force to change the status quo, urging the parties to seek a solution peace based on international law together; strictly implementing the Declaration on the Conduct of Parties in the East Sea (DOC) and early coming to conclusion of negotiations on the Code of Conduct in the East Sea (COC).
Meanwhile according to AFP, on August 1st , the Ministry of Foreign Affairs of the Philippines announced that it will present “Three-part Action Planat the coming Foreign Ministers Meeting of the Association of South East Asian Nations (ASEAN) in Myanmar in order to reduce stress, settle disputes between China and its neighbors over the South China Sea. Deploying first step in this plan, Philippines urged to apply immediately ban of construction which may increase tensions in the disputed waters. Second, it called for “concrete action to stop the escalation doing in the area”, requiring the parties to fully implement the Declaration on the Conduct of Parties in the South China Sea signed between ASEAN and China in 2002 as well as mechanisms to settle disputes under international law and quickly complete the Code of Conduct in the East Sea (COC). Philippines considers that tensions over the South China Sea is now putting pressure on relations between countries, increasing the level of suspicion as well as the risk of conflict in the region. Finally, Philippines said that all the countries should seek judgement from the international arbitration court like what the Government of the Philippines made ​​against the irrational claims of China.
Earlier, China claimed sovereignty over 90% of the South China Sea, including waters near neighbors such as Vietnam, Philippines. China illegally put down deep water drilling oil rig in the continental shelf and exclusive economic zone of Vietnam for more than two months since May as escalating tensions in the region.

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All comments [ 10 ]


Phạm Hiếu 20/8/14 12:19

The claims made by the parties involved in the South China Sea dispute are consisted of historical claims of discovery and occupation and claims that rest on the extension of sovereign jurisdiction under interpretations of the provisions of UNCLOS.

Quốc Kiên 20/8/14 12:20

The causes of conflicts were of legal and economic origins. In regard of legal origins, there are two laws and practices on which all the claimant based upon.

Huy Lâm 20/8/14 12:21

The first one is the law of “continuous and effective acts of occupation”. The second one is the United Nations Convention of the Law of the Sea (UNCLOS).


Quốc Cường 20/8/14 12:22

With the rectification of the UNCLOS, some claimants may have misused it to extend their sovereign jurisdiction unilaterally and justify their claims in the South China Sea.


Lê Tín 20/8/14 12:23

The dispute on South China Sea can be solved with measures which have been used in successful settlement of other disputes. For example, a legal solution will be quick and lasting.


Quân Hoàng 20/8/14 12:24

By adopting a legal solution, all claimants will agree to submit the dispute for arbitration to the International Court of Justice (ICJ) who will judge the dispute according to the international laws applicable.


Huy Quốc 20/8/14 12:25

Other measures such as Confidence Building Measures (CBM) can also be applied to avoid further conflict and promote understanding among claimants. Confidence Building Measures can include two track approaches such as the workshop approach or undergoing joint projects in the disputed areas, as well as cooperation in energy exploration.

Hoàng Lân 20/8/14 12:27

In the case of the South China Sea dispute, since most of the claimants are reluctant to resolve the sovereignty issue through any of the approaches, a permanent peace is unlikely to achieve for the time being.

Vân Nhàn 20/8/14 12:28

Peace can be obtained when claimants’ interests are attended to.

Hùng Quân 20/8/14 12:29

stability and security of the South China Sea are necessary for the economic development of all claimants.


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