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The South China Sea: Cooperation for Regional Security and Developmenthot! Tooltip

07/15/2011 Hits: 3091

Proceedings of the International Workshop, co-organized by the Diplomatic Academy of Vietnam and the Vietnam Lawyers’ Association, 26-27 November 2009, Hanoi, Vietnam

Editor: Tran Truong Thuy
Editorial Assistants: Nguyen Thuy Minh and Le Thuy Trang

Copyright © /2010 Selection and editorial matters, Tran Truong Thuy;
individual chapters, contributors.

Prof. Zou Keyuan, SUPPRESSING PIRACY IN THE SOUTH CHINA SEA TOWARDS A NEW COOPERATIVE ESTABLISHMENThot! Tooltip

07/15/2011 Hits: 1711

Prof. Zou Keyuan, Harris Chair in International Law, Lancashire Law School, University of Central Lancashire, United Kingdom

"...International law has established an obligation on States to cooperate in suppression of piracy and grants States certain rights to seize pirate ships and criminals. According to the 1982 UN Convention on the Law of the Sea (LOS Convention), all the countries have the obligation to “cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State", and “every State may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board".

However, the definition on piracy in the LOS Convention only applies to this international crime on the high seas or areas beyond the jurisdiction of any state, thus limiting its application to similar criminal acts in the territorial seas and maritime areas close to the coasts. Having realized that many piratical incidents did occur in the waters of national jurisdiction, the International Maritime Organization (IMO) developed a functional definition for the crackdown on piracy: while detaining the meaning of the LOS Convention definition on piracy, the IMO definition has been added “armed robbery against ships”, which has become a most popular applicable definition for the purpose of anti-piracy operations. This definition has now been accepted by the United Nations Security Council as well as incorporated into the 2004 Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). As a result, there are now in fact two definitions in international law: one is contained in the LOS Convention while the other in the ReCAAP. Though both legally defined, their applicability is different: while the former limits its applicability to the high seas, the latter applies to all sea areas whether national or international. However, it is to be noted that in comparison with the LOS Convention, the ReCAAP is only a regional agreement applicable to the Asian region..."

Prof. Stein Tønnesson, CAN THE DISPUTES OVER MARITIME DELIMINATION AND SOVEREIGNTY TO ISLANDS...hot! Tooltip

07/14/2011 Hits: 1814

Prof. Stein Tønnesson, CAN THE DISPUTES OVER MARITIME DELIMINATION AND SOVEREIGNTY TO ISLANDS IN THE SOUTH CHINA SEA BE RESOLVED?

"...It does not seem realistic to see any major progress soon towards a resolution of the South China Sea dispute. The most realistic positive development would be a legally binding agreement between China and ASEAN on a code-of-conduct. But the role of researchers should not just be to analyze what has already happened, or point out the most likely scenarios for the future. Our role is also to point out opportunities. Therefore the main message in this paper is that is fully possible to arrive at a comprehensive solution to the disputes in the South China Sea on the basis of international law, and that this would not just be in the interest of Malaysia, Brunei, Vietnam and the Philippines, but in the best interest of Taiwan and mainland China as well."

Prof. Rommel C. Banlaoi, RENEWED TENSIONS AND CONTINUING MARITIME SECURITY DILEMMA...hot! Tooltip

07/15/2011 Hits: 1951

Prof. Rommel C. Banlaoi, RENEWED TENSIONS AND CONTINUING MARITIME SECURITY DILEMMA IN THE SOUTH CHINA SEA: A PHILIPPINE PERSPECTIVE

"...Based on photographic evidences gathered by the author from various official and non-official open sources, all claimants, with the exemption of Brunei, have been consolidating their civilian and military presence in the Spratlys to assert their territorial claims. Though there seems to be a de -escalation of conflict in the South China Sea with the adoption of DOC in 2002, renewed security tensions have occurred in the late 2007 indicating the limitations of DOC in managing territorial disputes and perpetuati ng the maritime security dilemma in one of the contested waters in the Asia Pacific. Beyond doubt, the territorial disputes in the South China continue to play a destabilizing role in the security of the Asia Pacific region. There is therefore a great need to increase transparency and to enhance confidence-building among claimants and other stakeholders in the disputes to effectively overcome the security dilemma in the South China Sea and decisively create a cooperative management regime necessary for regional peace and stability"

Prof. Ramses Amer, THE SINO-VIETNAMESE APPROACH TO MANAGING BORDER DISPUTES – LESSONS,...hot! Tooltip

07/15/2011 Hits: 1736

Prof. Ramses Amer, THE SINO-VIETNAMESE APPROACH TO MANAGING BORDER DISPUTES – LESSONS, RELEVANCE AND IMPLICATIONS FOR THE SOUTH CHINA SEA SITUATION

"The paper has two main aims. First, to outline and examine the Sino-Vietnamese approach to managing border disputes. Second, to assess the lessons, relevance and implications of the Sino-Vietnamese approach on the South China Sea situation. The paper provides an overview of the Sino-Vietnam approach to managing border disputes in the period since full normalization between China and Vietnam in late 1991. This overview includes both progress made in terms of conflict management and challenges faced in terms of tension. The lessons drawn from the Sino-Vietnamese approach and experience are derived from the overview. This is followed by a discussion relating to both the relevance and the possible implications of the Sino-Vietnamese experience and the lessons drawn from it on the situation in the South China Sea. The paper is concluded by a summary of the main findings and some concluding remarks..."