The guidelines agreed at the ASEAN Regional Forum are a good start in resolving the territorial row between China and Southeast Asian nations.
Last week, with the world watching, a sense of optimism wafted out of the Bali ASEAN Regional Forum meetings.The Association of Southeast Asian Nations and China agreed on ‘guidelines’ for implementing their previously agreed 2002 Declaration on Conduct of Parties in the South China Sea (DOC). Some players, including China, hailed this as a breakthrough. But others agreed with US Secretary of State Hillary Clinton who said: ‘It was an important first step but only a first step’ and that ASEAN and China should move quickly – even urgently – to an actual code of conduct.
It’s true that the guidelines reveal more by what they don’t say than what they do. Indeed, they lack specifics, timelines and enforceability. They don’t specify what is in dispute and the practical focus is on non-traditional security issues like environmental protection, marine science and transnational crime. Obviously, agreement was difficult to achieve; hence the generalities, ambiguities, emphasis on confidence building and lacunae.
Expectations were unreasonably high, and so from this standpoint criticism is easy. Still, the negotiating process leading up to this unfairly – or at least prematurely – maligned outcome revealed ASEAN and the claimants’ behaviour at their best. There was a lot at stake – ASEAN and China needed to show that they could manage regional disputes more or less by themselves. And they also needed to reassure the world that the South China Sea is safe for commerce. In short, the capability, credibility and relevance of ASEAN security forums were at risk. Also at risk was the long-term hope of a Pax Asia-Pacifica replacing the present Pax Americana.
Behind the scenes negotiations led by current ASEAN chair Indonesia made considerable progress – a credit to the skills of the diplomats involved. Indeed, Indonesia demonstrated that it can lead – not only to resolve regional disputes, but also Southeast Asia as a whole. ASEAN made a major compromise by agreeing to drop a clause that would mandate that it form an ASEAN position before dealing with China on South China Sea issues. This gesture was important to convince China that the other claimants (Brunei, Malaysia, the Philippines and Vietnam) aren’t using ASEAN to ‘gang up’ on it.
China also deserves considerable credit. It had long resisted the draft guidelines and made a major compromise by agreeing to them. Perhaps it saw the writing on the wall and feared that the disputes were pushing ASEAN toward the United States. Whatever the impetus, China succeeded by its rhetoric and behaviour in reducing tension, at least for the time being.
Vietnam’s political courage and assertiveness were also on full display – challenging China at every turn, tit for tat. And the Philippines also demonstrated political courage. But, more important, it demonstrated that international law can help make relations more equal and give pause to powerful nations. Together, with the involvement of the United States, China was put on the political defensive.
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xenri
it would be best for all claimant to just settle peacefully and fair… i think china agree on peaceful means but when it comes to fairness they ignored it.. cunning?
GreatUnity
Original: http://daidoanket.vn/index.aspx?Menu=1501&Chitiet=32803&Style=1
Vietnam is a coastal country along the western bank of the Eastern Sea (South China Sea, as called by the Chinese), a strategic position of geo-economy and geo-politic not all countries have, with more than 3,260 km long coastline stretching from North to South, ranked 27th among 157 coastal and island nations in the world. The two archipelagoes Hoang Sa and Truong Sa (Paracel and Spratly in English, respectly) belong to Vietnam long time ago. This confirmation is based on the history of the reigns, the continuous operation of Vietnamese people for hundreds of years on the two islands, as well as under international customs and law.
According to the UN Convention on the Law of the Sea in 1982, Vietnam has an area of over 1 million km2 of sea, 3 times the land area, accounting for nearly 30% of the Eastern Sea. Around 3000 small islands and offshore archipelagos of Hoang Sa and Truong Sa were distributed fairly according to the length of the country’s coast. Some coastal islands also have important positions are used as national landmarks in the sea to establish baselines along the mainland coast of Vietnam, thereby determining the internal waters, territorial sea, contiguous waters, exclusive economic zone and continental shelf, as the legal basis for protecting national sovereignty on the sea.
Eastern Sea coast is the second busiest in the world (after the Mediterranean), with about ¼ flow of vessels operating on the global seas. It is the shipping lanes of strategic lifeline of many countries and regions, linking the Pacific to the Indian Ocean, Europe, Middle East and Asia and between Asian countries together. Along with the land, our waters is rich in natural resources, a rich fishing ground to feed millions of fishermen and their families from many generations, an economic region with decades of dynamic development, and an attraction of investors and the world market.
Besides many other small islands, archipelagos of Hoang Sa and Truong Sa have long belonged to the territory of Vietnam. Hoang Sa archipelago consists of 30 islands, rocks, dunes and beach shallow reefs, located between 15o45′00”N – 17odo15′00”N and 111o00′00”E – 113o00′00”E on an area of about 30.000km2, about 120 nautical miles from Ly Son Island (Quang Ngai – Vietnam). Marine coast from Quang Tri to Quang Ngai facing Paracel always inspired southwest or northeast monsoon, that’s why more boats were damaged when passing it in that seasons. The ancient kings Vietnam often supported the victimized vessels to go back home, so they often told each other trying to cross the coast of Vietnam to ask for help when in distress. Therefore, the Paracel Islands was known early by the Vietnamese and our sovereignty was established there. Paracel islands divided into two groups of An Vinh and moon (aka Crescent). An Vinh is the former name of a commune, Quang Ngai, and according to “Dai Nam Thuc Luc tien bien” books: “Beyond the sea An Vinh commune, Binh Son, Quang Ngai has over 100 dunes,… with length extend thousands of miles away, called the Great Wall of Hoang Sa. In the first national profile of Nguyen Dynasty, Hoang Sa team was set of 70 people from An Vinh Commune; annually on March the team sailed to the island and arrived after three nights …”.
The Spratly Islands lie in the middle of Eastern Sea, southeast of our country, south of the Paracel Islands, 243 nautical miles from Cam Ranh (Khanh Hoa – Vietnam), 585 nautical miles from the island of Hainan (China) and about 810 nautical miles from the island Taiwan. The Spratly Islands consist of over 100 small islands and coral reefs on an area of about 410,000 km2, between 6o00′00”N – 12o00′00 and 111o00′00”E – 117o00′00”E. The floating area of the island is around 3km2, divided into 8 clusters (Gemini, Loai Ta, Thi Tu, Nam Yet, Sinh Ton, Truong Sa, Tham Hiem, Binh Nguyen). The location between the Eastern Sea, the Spratlys have the advantage of shipping services, logistics for fisheries in the region, as well as address a tourist attraction.
Natural conditions actually associated with the operation of establishing the sovereignty of Vietnam for two archipelagoes Hoang Sa and Truong Sa. According to the researchers, if the sea about 600m-700m down the Hoang Sa will stick to Vietnam as a continous block of meat and is separated from China with a deep sea (Krempf, Director of Dong Duong Hai Institute, surveyed in 1925). The inhabitants of the islands and the sea of the two archipelagoes Hoang Sa and Truong Sa as turtles, tortoise, screws, station break, cochlear elephants, snails are similar to the ones on Vietnam coastal islands such as Isle Re. The survey from the 40s of XX century shows the animals living on the two archipelagoes Hoang Sa and Truong Sa are the species found in Vietnam, which not have much contact with animals in China. The survey results are similar for vegitations; most herbs in the two islands were introduced from the mainland of Vietnam, such as Mu U and Bang trees, which are popular in the isle Re. The history books of the Nguyen dynasty clearly show that, as ordered by King Minh Mang, Vietnam soldiers had planted many trees on the two archipelagoes Hoang Sa and Truong Sa to help people avoid that shallow. Eastern Sea as well as Vietnam is in an area called Wallacca by the biologists, which is a land inhabited by Eastern Asia animals and outside of China Eastern. Unlike the Pacific, in the Eastern Sea there are ocean currents that change flow for the monsoon. Nature has created favorable conditions for the relationship between the mainland with the islands of Vietnam in Hoang Sa and Truong Sa. It is the needs to avoid storms or accidents, then to follow the tides and the wind rushing into Vietnam inland of the foreign merchants, as described above, have long been made the Vietnamese know of Hoang Sa and Truong Sa and are willing to help the victims. This demonstrates that activities of establishing sovereignty and enforcing sovereignty of the Vietnamese to Hoang Sa – Paracel and Truong Sa – Spratly are so natural in the history.
roland
SinodefenderAugust 1, 2011 at 12:55 pm
wrote:
“Is it imperialism if one protects ones sovereignty? In Chinese view, SCS and those islands were always Chinese, that is quite different, for example colonizing the new world.”
You seem to be a less brain-wash blooger so I will ask you few questions:
First let us focus on the issue at hand: the 9-dash line that takes 80% of south china sea of which China claim as its sovereignty.
1) Base on what laws (please NOT jungle law) and evidences that China claim such a huge area of the sea (Note: please do distinguish between chinese claims of islands versus the claim of the whole sea)? I hope you will not come back with the answer that chinese artifacts found everywhere on the bottom of SCS. As an ordinary person, I am ok with the dispute of islands between China and Asean countries but for China to claim 80% of the SCS based from those rocks and islets I do have problems
2) Amongs the claimants, historically and legally speaking Philippines is a weakest (google how Philippines get spratly islands) but they are willing to go to international court to clear things out. If China has such solid and (accepted) legal evidences as they claim, why they keep refusing to settle their claims before UN. Don’t tell me that I am anti-china or china basher etc. this question would come out naturally of any person. By refusing doing so, China convinces no one that they have solid evidences.
ozivan
@Roland. I have this analogy to put my point forward.
It’s like a wealthy man who died leaving large inheritance. By age-old laws, the children of the legitimate wife have the sole right to claim the inheritance. That’s the historical claim basis.
Then comes a new law that says that children from an illegitimate wife and marriage aka a kept mistress are now eligible to claim a share of the inheritance. That’s UNCLOS 1960 & 1982
Wouldn’t the first family resist and exclude them, especially if they are in the position of strength ? Why would the stronger party let the weaker one dictate the terms ? While the illegitimate family wants to go to court ?
Filipino Tomas Cloma & 40 sailors discovered the Spratlys only in 1956, President Marcos by presidential degree no. 1596 declared it as Philippines territory only in 1978. Read Filipino journalist’s, Rigoberto Tiglao of the Philippines Daily, history of Philippines’s claims at :
opinion.inquirer.net/6789/the_spratlys_marcos’_legacy_or_curse
Malaysia and Brunei are playing a cleverer game. They are using quiet diplomacy.
Anyway, Philippines has gone on a roadshow in Singapore on June 11 putting up 15 blocks for exploration by tenders from international oil companies. 2 of the blocks are in waters with overlapping claims by China.
My guess is that no international oil companies will put bids for that 2 blocks knowing the uncertainties and risk involved. Let’s wait and see.
roland
Ozivan, I respectfully disagree with your analogy on many points..
Your analogy sounds “too” legitimate for China in this dispute of Paracel and Spratly islands of which so far China fails to provide solid evidence (other than historical evidences but even this still is very weak) beyond the doubt. But I leave that for other bloggers to judge/comments :-)
Still your analogy did not explain the 80% claim of SCS from China
I would rather see China say I am superpower now.. I will do whatever benefit me. I don’t care about international law (or whatever).
Just don’t pretend that China is peaceful you know.
Sinodefender
Roland, why do you bother to criticize my intelligence? I was born and raised in America, and I clearly see what U.S. paints everyone they hate as evil and U.S. is protected by God. The SCS was claimed by KMT, then the PRC modified it. Vietnam shouldn’t have a say on the seas, Phạm Văn Đồng agreed to China’s nine-dashed line, North Vietnam got all of Vietnam back so why did they not honor the agreement. U.N. is biased, U.S. holds the most power…
a_canadian_observer
@Sinodefender: Have you seen the Pham Van Dong letter? It basically says nothing. Try to buy a used car with such content as that letter and see what happens.
roland
Sinodefender
This is what you said in this acticle regarding the chinese claim on south china sea
http://the-diplomat.com/2011/07/06/vietnam%e2%80%99s-carefully-managed-anger/comment-page-2/#comments
Sinodefender July 13, 2011 at 5:19 am
“.. I think the Oceans of the world cannot be owned by one country since no one lives in the ocean…”
Sinodefender
That is my personal wish, however I am arguing for the majority Chinese opinion.
ozivan
@a_canadian_observer. So much have been said about the SCS, the latest news now is this :
China has deployed the newest and one of the world’s largest deepsea oil rig named Ocean Petroleum 981/Marine Oil 981 to the Spratlys & Paracels for exploration. It’s being towed there mid July and is expected to reach the SCS islands by August.
What do you reckon is going to happen ? Or the SCS claimants would do ?
The Vietnamese has lately obliterated their anti-China stand, because finally they see now the Chinese are doing something to fulfil their part (China’s fault though for the delay) of the joint exploration agreement signed on 14th March, 2005.
a_canadian_observer
@ozivan: I’m just a regular person making a humble observation. As I said earlier, we will see what will happen.
P.S. The tone and attitude of the CCP bloggers here are disgusting.
Sinodefender
You should watch your own tongue before criticizing others as being slave states, shameless pirates and how Chinese culture is stolen from others…
a_canadian_observer
@Sinodefender: I’m just telling the truth about you, hoping that you would stop telling lies about non-chinese bloggers.
Sinodefender
You stated that China has been Mongol and Manchurian slave state, you also said how Southern Han are supposedly all Yue and stole Bai Yue culture. Anti xxx bloggers tone and attitude are disgusting. Instead of mocking your opponents as uncouth and condescending look at how you write first.
a_canadian_observer
@Sinodefender: Prove to me what I stated were wrong. I agree that what I stated were hard to digest, though.
Sinodefender
If Chinese were slaves,during Yuan and Qing,why did invaders bother trying to assimilate?Slaves,don’t get paid and don’t get government positions, my paternal ancestors were officials during Qing does that mean they are slaves? No doubt modern Wu and Min are influenced by ancient Bai yue languages,but I doubt it is fully Bai yue unless you can prove it.Han killed or married Bai yue,show me that all Han culture is based off Bai yue.
ozivan
@a_canadian_observer. Ya.., I know what you mean. BTW, would you care to read a comment I made on July 19, 2011 in the article : America’s Munich Moment ?
The offer given only to Australian, US & Canadian’s citizens or PR, I am told recently, has been extended to 31/12/2012. If you’re taking up the offer, Autumn or Spring period in China would be the best times to visit.
Many who took the trip, left China with a different but favourable outlook of China.
Just a suggestion, that you might want to consider
roland
Not long time ago I traveled to China, and happened to participate in forum/blogs, read news, articles from other sites (similar to this site..) from the hotel room. Co-incident or not, I noticed right after that some strangers approached me and asked me some weird information (what I was doing in China, where I am from, my nationality etc.). It was completely different with the first few days when I just arrived in China where nobody cared.
ozivan
@Roland. Were you alone then ? Handsome and business like ?
I was approached in Yantai, China in the lift, asked similar questions, weird to me at first. Further conversations got me to the conclusion, they were trying to fix for me some beautiful, young women and suggested business dealings, if I was there to look for investments.
In Dalian, a beautiful thirtyish lady taxi driver “fingered” me to get into her taxi, telling me she could drive me to a place where there are plenty of young women. She even suggested that, she could set me up to meet senior local officials if I was looking to invest in Dalian.
They are quite a number of local cons, looking for opportunities, and….errr often quite aggressive about it.
a_canadian_observer
@ozivan: Thanks for the offer, but I will defer the visit until I can visit anywhere I want in china without being concerned for my safety. I’m not interesred in some tours that have been “well organized”.
nirvana
Trains/planes accidents occur everywhere. This has nothing to do with military strengths.
Observer
Aaahhh, we have here the gang of Chinese braggers and bragging about how great China is, as usual.
Hey guys, why don’t you go to this story = http://the-diplomat.com/china-power/2011/07/25/chinas-train-crash-mystery/#respond and brag about how great China is? LOL.
BTW, only fools and cluessless/ignorant peple believe in the laughable 9 dots line.
Aogin
no matter how Communist China bullies it’s small neighbors, it will never win… Even if CCP China has all the modern equipment and all the ships, it will never succeed. Good will always win against evil. Evil CCP China will not scare anyone to submission without a fight even if we loose we will not back down….And the world will notice how evil CCP China is….
nirvana
Agreed. But do not mix up imperialism and communism. You can have non-communist imperialism and vice-versa. They can go hand-to-hand as well as they can be antagonists. Imperialism is the child of military powers.
Sinodefender
How is China evil? Why does morality matter here, there is no good or evil in this world it is all opinions… China doesn’t need to fight they already have to much to jeopardize…
nirvana
@Sinodefender,
Some states have both evil and good sides, depending on the epoch, the international context and their leaders.
-You are evil when you act without morality: China of Deng Xiao Ping backed the Khmer Rouge, in order to sustain a proxy war against the Soviet. That was evil. China tolerates the North Korea dictatorship to use it as a buffer state. That’s evil.
-You are evil when you conceal your bad intention, while in peace: China sold to ASEAN its peaceful soft power, while building up its military. Now it acts as an imperialist state.
-You are evil when you use your army against your people: Tien An Men.
-You are evil when you make secret deal with your publicly stated enemy: China rapprochement with the US in the 70s to bring down the Soviet Union. That was evil. China has been buying US bonds to allow the US to wage an illegal war in Irak, a war that China publicly opposes. That is evil.
You need not tell me that China has had also a good side. I am sure it has. You need not tell me neither that the US and the West are sometimes evil too. What I would like to convey here, in this debate on the SCS issue, is that we are dealing with the evil side, not the good side of China. What some ASEAN citizens are hoping is that the US will intervene with its good side’s motivation. But that could be an illusion…
Sinodefender
How is that evil to back dictatorial regimes, Yes the Khmer Rouge massacred people including Chinese, killing others is subjective. The U.S. interfered by dropping bombs is that good? People died and relatives flock to the Khmer Rouge. How is it evil to retain North Korea as a buffer state, South Korea is America’s proxy and we don’t want another General MacArthur to scheme about bombing China…
So, America can build up its military, and the rest of the world can’t? Is it evil to protect one’s sovereignty? Yes, Tienanmen was a tragedy, but whenever a rebellion sparks in China, millions of Chinese die… Is it evil to stamp out the flames of dissent before living hell happens? How is it evil to become friends with your enemy, I don’t understand your logic there. Why do you pin the blame on China because it buys T bonds… China has about 10% of the bonds so do the other 90% of investors are evil. The U.S. decides its foreign policy, not China. U.S., doesn’t like other powers to rise, it is just trying to reap the gains after China and ASEAN quarrel. In some Chinese view it is righteous to protect one’s lands, while ASEAN views China as evil because they view China is taking their lands. The CCP,ASEAN,U.S. and the rest of the world, will be determined by future generations if one is evil or not.
nirvana
@Sinodefender,
I could also add that if a country is governed is such a way that “whenever a rebellion sparks, millions die” then the citizens of that country are not united together and the state of that country is not in harmony with its people. Therefore, such country may have the ambition to dominate the world, at the end it will implode by its own contradictions.
As for why it is evil to back dictators and proxy wars for your own national interest, I would like to quote a Chinese (wise) man: “What you do not want done to yourself, do not do to others (己所不欲，勿施于人)”
Sinodefender
Every country is self serving, using whatever means to stay alive… Historically Taiping rebellion, Yellow Turban rebellion, An Lushan rebellion caused a great number of deaths. Confucius did state the golden rule, but he thought it was just to punish the wicked.
Duke Chan
John:
You missed the point: How can China enforce the 9 dashed-line while its self is illegal?
One more thing, if something goes wrong, China will be in big trouble before India and Vietnam, the reason for that is the unrest inside China. Granpa Wen is really scare of this.
High speed rail failure is the good indication that China is not as strong as you wish it to be. Sorry my friend.
John Chan
@Duke Chan:
I seems you are not listening, China is going to enforce territorial rights on all islands in that 9 dashed-line in South China Sea. China is taking action to do it.
It seems you are desperate to drag anything no matter how irrelevant into this SCS topic to support your wishful thinking that has no chance to be realized.
No matter which nation you came from, if your nation does not want to be evicted from the islands within the nine dashed-line, your nation is better to do something real, not such blow hot air like you.
Duke Chan
John:
I am sorry to see ” your brain is dead”, You are smart person but your brain has been washed by CCP.
ozivan
@Duke Chan. I remember in a blog elsewhere that you commented that John CHAN and you Duke CHAN have the same namesake, and you asked John why is he attacking you ?
What has happened ? Just asking.
nirvana
There seems to be a confusion between colonialism and imperialism by some on this post. Colonialism is when a strong state occupies, implants settlements and exploits resources of faraway countries. Imperialism is when a strong state try to SUBORDINATE neighbouring states by dictating its own rules.
The “nine-dotted line” is a typical example of imperialism. It is China’s view of how it defines its “core interest”, without any reference to commonly accepted international definitions such as “territorial waters”, EEZ, “continental shelf”.
Even if, just for the sake of argumentation, one accepts that all the islands under dispute in the SCS belong to China, there is no basis for China to draw the “nine-dotted line”. Even if, just for the sake of argumentation, one accepts that theses islands give rise to 200-nautical miles EEZ, this sea area would not cover the whole area delinated by the “nine-dotted line”. Moreover, the recent incidents (that John called “provocations”) are all situated farther than 200-nm of any island under dispute (but well inside the 200-nm off the coasts of Vietnam and the Philipines).
So basically, China’s argument is: I declare that I have full juridiction inside the “nine-dotted line” that I have drawn (even if it is not inside any mine EEZ, undisputed or disputed). I declare that if this encroaches into your (undisputed) EEZ, then you must share the overlap resource with me. I declare further that you shall discuss only with me and you shall not “provoke” me by bringing this issue to any international instances for arbitration, or I shall use force…
I my opinion, this is biggest mistake of the China state in modern diplomacy: ignoring internationally accepted rules between states, following the food steps of previous imperialist states.
I have no doubt that China will fail, in the long run, if it continues this way. My worry is that the whole region will suffer from such adventurous, purely military-driven goals. Asia cannot afford to lose peace and stability. The only states that will benefit from such tensions are the arm-selling states.
roland
Nirvana, well said.
That is how non-chinese people see and think about the ridiculous 9-dash line that china claim on SCS
Sinodefender
Seems like U.S. is a modern imperialist by this argument, defining national interest in lands which do not even border them… International law is always biased, the U.S. doesn’t even sign the UNCLOS then it complains about China. Ozivan once wrote that the countries that ratified UNClOS near the SCS made exceptions to the SCS expect Brunei. EEZ depends on territorial sea and land, what I’m confused about is what is territorial sea? Don’t steal China’s islands is basically what China is saying.
Sinodefender
Why would China be in trouble between Vietnam and India, there military is too small to harm China. Guangdong,Guangxi and Hainan won’t revolt and join Vietnam same with Tibet joining India. There is unrest because the Tibetans and Uighurs kill Han Chinese and vice versa… That doesn’t mean the other ethnic groups will revolt, you see no problems with Zhuang and Hui. One failure does not mean a country is weak… CCP brainwashes Chinese bloggers? Pretty sure other countries have propaganda… China-basher’s rhetoric’s on how Chinese bloggers are paid is absurd…
Aogin
Really? Then why try and cover up CCP failures and not admit them… That would it make it easier for us to accept that your government is sincere… In the real world failure is a common thing. But it seems like in CCP China everything is perfect. Failed construction materials, failed trains, tainted food, unrest, dissolution, persecuting National artists. It happens everywhere but CCP bloggers are trying to cover them up from Western media. Better accept the facts that all CCP propaganda is not the whole truth but criticize once in a while what your government has failed to do for the people and not for the party. The Party is meant to serve the masses and not the other way around….Same goes for each and every government in the world.