Viet Nam Human Rights
»
Analysis-Comment
»
A peaceful solution based on international law for disputes in the South China Sea
A peaceful solution based on international law for disputes in the South China Sea
20/8/14
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 Plan” at 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.
Popular Posts
-
Religion is a part of the spiritual life in society, this phenomenon of the superstructure has been strongly changed with economic - social... -
Vietnam has just done well for the second cycle of Universal Periodical Review (UPR) in Geneva, Switzerland. So, what’s the UPR? an... -
Thai people in Shutdown Bangkok protests Not until this crisis, we have realized the ne... -
Representatives from foreign countries congratulate Viet Nam on its election to the Human Rights Council for the first time on November ... -
A street flowers vendor in Hanoi Another new spring has come to Vietnam, bring... -
If nothing changes, there will be a preferential credit program with hundreds of thousands billion of capital for agriculture and r... -
Recently, several anti-governmental individuals have established series of illegal groups and organizations in the name of civil soci... -
Radio Free Asia (RFA) is a private, nonprofit international broadcasting agency of the United States government that broadcasts and...
All comments [ 10 ]
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.
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.
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).
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.
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.
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.
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.
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.
Peace can be obtained when claimants’ interests are attended to.
stability and security of the South China Sea are necessary for the economic development of all claimants.
Your comments