Viet Nam Human Rights
The role of international law be overlooked
8/8/14
The website Gazeta.ru, one of three biggest private online newspapers
in Russia has published an interview with Dr. Alexander Yankov, former Permanent Representative of Bulgaria
to the United Nations (UN) and now is one of the world's
leading experts on international law. In the interview he said
that the recent events in Asia-Pacific for
the role of the UN
and international law is shaken. If in the
past, countries could negotiate to
arrive at a compromise but
nowaday some national groups acted by a selfish way to achieve interests.
“As the Permanent Representative of Bulgaria to
the UN-ri, I have spent 8 years with international colleagues
in drafting the UN Convention on the Law of the Sea. But
with the recent actions,
China
closed his eyes to this legal documents as it did not exist”, Dr.
Alexander Yankov said.
He also confirmed
that China’s recently illegal
deployment of the oil rig HD981 in
the exclusive economic zone of Vietnam was a violation of the UN Convention on the Law of the Sea 1982
(UNCLOS 1982). Though
Beijing has
tried to justify for their lowering of the drilling oil rig, its location
was also very
far from the range of 200 nautical miles exclusive economic
zone of them
and this was provided
in UNCLOS 1982 which China
had officially joined. Dr.
Alexander Yankov emphasized, to ensure security in
the South China Sea, the stakeholders
should comply with the Declaration on
the Conduct of parties in the East Sea (DOC),
which China
signed with ASEAN countries in 2002.
Meanwhile, People's Daily newspaper, the organ of the Chinese Communist Party published an article
by Professor Carl Thayer from the National Defense Academy of Australia in
which he made recommendations of
China’s policy on the East
Sea issue that inorder to win the backing, China should respect international law. Professor Carl Thayer commented, the leading policy makers ò China should realize
that Beijing's efforts to persuade
other countries to “historic rights” or their
“indisputable sovereignty” in the South China Sea are
less likely to succeed but only
increase tension and
confrontation. China should ensure that all agreements
and laws in
their country are in accordance with international law. Just doing like that it will help China to stand on a stronger position and more suitable for diplomatic activities. China
should clarify its claims “historic rights” or “indisputable
sovereignty” with precision.
Until now, Beijing
has said so many
times that they
have enough evidences for their claims but they have not come up with any
evidence of any details.
For most typical example, a map with 9 dash lines
(now return to 10 dash lines) has
been complained by the international legal experts that it is only one unworthy piece of information. "Once China
is compliant with international law, this
will help turn the sovereignty disputes from confrontation on the
field into a legal one. If China
and other countries in the region
to accept the decision of an independent arbitration court, which will contribute greatly to the goal of maintaining
peace, cooperation and development in Southeast Asia. This is a victory
for all parties”, Prof. Carl Thayer wrote.
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All comments [ 10 ]
The South China Sea disputes play a destabilising role in Southeast Asia and act as a major irritant in bilateral and multilateral relations.
The debates over the Spratlys and Paracels are affected by the complexity of the overlapping claims and the number of disputants involved. While the disputed islands have little worth in themselves, the states involved expect that their control may enable them to gain exclusive jurisdictional rights over the surrounding waters as well as the resources found therein.
Linked to sovereignty, the South China Sea question has been influenced by fisheries as well as the availability of energy resources, although the potential gas and oil reserves have remained uncertain and initial estimations have been revised to lower figures.
Sovereignty claims made by the parties involved in the Paracel and Spratly disputes can be separated into historical claims of discovery and occupation, and claims that rest on the extension of sovereign jurisdiction under interpretations of the provisions of the United Nations Law of the Sea Convention (UNCLOS).
Beijing also established a new Department of Boundary and Ocean Affairs and enhanced its patrolling capabilities in an attempt to further assert its sovereignty in the South China Sea.
The South China Sea disputes are influenced by economic, strategic, and political interests. The free navigation of commercial vessels in the sea is essential for regional and international trade.
To some extent, the 2002 Declaration contributed to such efforts by putting off the question of boundaries.
Significantly, the Joint Marine Seismic Undertaking (JMSU), signed by the state-owned oil companies of China, Vietnam, and the Philippines in March 2005 as a commercial agreement on the conducting of oil pre-exploration surveys in parts of the Spratlys, was generally welcomed as a first attempt at de-escalating the energy question.
it is best to focus on the de-escalation of the sovereignty issue based on functional cooperation, a joint exploration and development of resources, as well as on the temporary freezing of sovereignty and lessening of nationalism.
open conflict is not expected in the South China Sea.
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