China can’t alter legitimate rights of Vietnam in East Sea
VietNamNet Bridge – China cannot change the legal rights of Vietnam over the exclusive economic zone (EEZ), affirmed experts at a two-day conference themed “East Sea: Cooperation for Regional Security and Development” held from November 17-18 in the central city of Danang.
The two-day conference is the continuance of efforts to exchange opinions and seek experts’ ideas for the East Sea issue.
In the second working session on November 18, the scholars analyzed factors affecting the East Sea situation in recent times, namely the changed schemes of some countries on strategic interests of the concerned parties, the increasing nationalism of claimants, the impact of competition between major powers and the disagreement in explanation and application of international law in the East Sea, including the 1982 UN Convention on the Law of the Sea (UNCLOS).
In regard to the recent East Sea situation and policies of the concerned parties, many speakers argued that the increase in the number and operations of paramilitary forces and non-law enforcement forces in the Sea East is one of the causes of tensions in the region. Notably, China’s large-scale expansion on the reefs in the Truong Sa (Spratly) archipelago is altering the status quo in the East Sea.
Dr. Hoang Viet, lecturer from the Ho Chi Minh City University of Law who is also a researcher on the East Sea said, "Many geographical entities and structures over the Truong Sa (Spratly) and Hoang Sa (Paracel) archipelagoes are just reefs but China said that the islands have been inhabited, and it has the rights in the EEZ and continental shelf. If China succeeds in improving the reefs, it would have submersible aircraft carriers that enable it to reach the goal of controlling the East Sea.
As Taiwanese and Japanese scholars have forecast, China is likely to declare an Air Defense Identification Zone (ADIZ) in the Spratly islands and the East Sea.”
Dr Nguyen Thi Lan Anh, deputy dean of the International Law Department under the Diplomatic Academy of Vietnam said islands can cover a full sea area while artificial islands only have safe waters within only maximum 500m.
According to Dr. James Charles Kraska from Stockton Center for the Study of International Law of the US Naval War College said although China has illegally occupied the Paracel islands, lodging an unjustifiable nine-dotted line claim, it can not change Vietnam’s legal rights over the EEZ.
The same day, the experts also debated the provisions of international law adjusting the regulations of territorial waters and airspace, claims in the East Sea, marine dispute resolution and measures to build confidence and prevent maritime conflicts.
East Sea conference wraps up
The sixth International Conference on East Sea with in-depth discussions seeking experts’ ideas for the East Sea issue concluded in the central city of Danang on November 18.
Themed “East Sea: Cooperation for Regional Security and Development,” the event saw nearly 40 speeches and garnered 80 opinions from academics and specialists from Vietnam, Southeast Asian countries, the US, China, Taiwan (China), the Republic of Korea, Australia, India, the UK, France, Italy and Belgium.
Participants raised a concern that the East Sea is becoming a strategic competitive space for world powers.
However, some held that the complicated situation in the East Sea would be a chance for ASEAN and its partners to boost their positive role in seeking solutions to the issue.
Many expressed their interest in Indonesian President J. Widodo’s initiative on a “maritime axis” that is expected to see Indonesia’s greater contribution to fostering cooperation at the sea.
Participants agreed that regional organisations, including the European Union, should share their experience on the prevention and management over territorial and maritime disputes in the region.
They also gave much space to clarify legal regulations applied to the 200-nautical-mile exclusive economic zone and the continental shelf as well as the rights of coastal states over the areas.
They underscored that all parties should refrain from conducting any unilateral actions that could change the status quo in the East Sea. They stressed the need to strictly abide by regional agreements, including the Declaration on the Conduct of Parties in the East Sea (DOC).
Participants also pointed to the need to encourage cooperation and speed up the building of a regional legal framework based on international law, which would help maintain peace, stability, maritime and aviation security, safety and freedom.
They proposed that a code of conduct should be built to ensure the implementation of international law in the East Sea, while specific recommendations should be made to clarify Article 5 of the DOC.
Common rules applied for all armed forces and law enforcement authorities at sea should also be specified, while a cooperation mechanism for non-traditional security issues should be set up, they suggested.
They also highlighted the importance of making the best use of information sharing channels, as well as promoting partnership in managing maritime natural resources and protecting and preserving the maritime environment.
During the two-day event, experts and academics also analysed factors affecting the East Sea issue and measures to build trust as well as preventive diplomacy.
Concluding the conference, Ambassador Dang Dinh Quy, President of the Vietnam Academy of Diplomacy proposed the participants continue researching on the issues to help all parties concerned clearly understand their legal obligations in the maintenance of the status quo in the East Sea.
Source: VOV
