Tag Archive | "Tuong Nguyen"

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Toward a freeze of five lighthouses in the South China Sea at ASEAN Regional Forum 2014 | Tuong Nguyen, SEAS Issues

09 August 2014

SEAS Issues/PARIS – According to the state-run China News Service, China’s Navigation Guarantee Center plans to build five lighthouses in the Paracels (including North Reef, Antelope Reef, Drummond Island, South Sand and Pyramid Rock). The plan has been announced as a response to the Triple Action Plan (TAP) of the Philippines and the joint stance of the Foreign ministers of Malaysia, the Philippines and Vietnam to freeze provocative and destabilizing acts in the South China Sea.


ASEAN Foreign Secretary in January 2014 at Bagan, Myanmar. Photo (C) AFP

The Chinese officials and experts said that “the lighthouse is a symbol of the country’s sovereignty in the islands”, and placing lighthouses will help boost the maritime navigation in the region because these reefs, islets are not on the detailed maps for civilian ships.

Yesterday, August 07, 2014, Vietnam’s Ministry of Foreign Affairs strongly criticised that the move is illegal under the routine formula: “Vietnam has  indisputable sovereignty over Hoang Sa and Truong Sa (Spratly) archipelagos. Therefore, all Chinese activities in the two groups of islands are null and void”.

Today, Chinese Foreign Minister Wang Yi rejects Philippines’s TAP and Chinese Foreign Ministry spokeswoman Hua Chunying defends China’s lighthouse plan: “China has long been building and maintaining lighthouses on its “inherent” islands and provides necessary measures relevant to international rules for navigational safety of vessels passing by.”

The US also call for a “freeze” on provocative acts, proposing that “when there are disagreements, the claimant states would decide among themselves what type of specific activities are considered provocative or out-of-bounds, offer to put a voluntary freeze on any such actions if other claimants would commit to do so likewise”.

This recent move in these small islets and reefs in Paracels occupied by force since 1974 by China and continuously claimed by Vietnam, shows Beijing’s ambition to assert its territorial claims in the disputed area. While the US hope that the Code of Conducts (COC) would be a particular topic of conversation at the upcoming ASEAN Regional Forum (ARF) on August 10 in Naypyidaw, the Philippines focus on their TAP to “freeze” China’s lighthouse plan.

Tuong Nguyen is a contributor at SEAS Issues and a free commentator on the South China Sea affairs on Global Post and Eurasia Review. The author would like to thank Thuy Linh Le and BDTP Group for the proof reading.

The views expressed are the author’s own.

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Official Commemoration For Martyrs Of Naval Battles In South China Sea – by Tuong Nguyen | Eurasia Review

13 March 2013

by Tuong Nguyen | Eurasia Review - For the second time since the Johnson South Reef – Gac Ma skirmish twenty-five years ago, the largest daily newspapers in Vietnam have written special columns commemorating sixty-four martyrs sacrificed to defend their homeland’s sovereignty at the Spratly Islands in the South China Sea.

 

China's Claims in South China Sea

China’s Claims in South China Sea

Vietnam and China have been known as neighbors and brothers like “lips and teeth”. However, bearing the same pressure as other China’s “unhappy neighbors”, Vietnam had to fight against its big brother China to protect its sovereignty. The skirmish on March 14th, 1988 at Johnson South Reef – Gac Ma (Spratly Islands) is a recent Sino-Vietnamese naval confrontation. The site lies at 4 nautical miles (nm) to the northwest of Vietnamese-controlled Collins Reef. Chinese gunboats sank and damaged three Vietnamese vessels. Sixty-four Vietnamese soldiers were killed and many others injured, while one Chinese was wounded.

Despite many conflicts in the past, Hanoi and Peking always maintain their “16 golden words and four cardinal principles” for example regarding the bilateral consensus to actively guide public opinion on the South China Sea disputes, a ‘sensible’ subject to Vietnamese government-controlled media (aka. “right side” media, in comparison to the free “left side” one) for long time. But the anti-China sentiment in public has been on the rise since the cable-seized incident of Vietnamese ships on May 2011.

In the past two recent years, there have been remarkable improvements of media in Vietnam on the South China Sea issues, especially with the development of new media with blogs, forum or the social networks where everyone may express and share easily their opinions to the world.

However, the Johnson South Reef skirmish is a poorly titled subject in Vietnamese “right side” media. On May 7th, 2012, the Vietnamese government organized for the first time a commemoration day for sixty-four martyrs sacrificed in navel battle at Johnson South Reef. This year, Tuoi Tre, one of largest “right wing” newspapers, focuses on the topic with a series of touching stories about killed soldiers, live witness and remains of the battle that create actually a tacit movement that heats up the anti-China sentiment in the Vietnamese communities and social networks.

It’s also important to mention that the Sino-Vietnamese naval battle on January 19th, 1974 at Paracels Islands was officially commemorated for the first time last January 19th 2013 by Thanh Nien News, another government-controlled daily newspaper.

Both Vietnam and China have declared the historical sovereignty in the South China Sea (including Spratly Islands and Paracels Islands) where five other countries (Brunei, Indonesia, Malaysia, Philippines, Taiwan) also claimed their territory or territory rights.

Tuong Nguyen is a computer science postdoctoral fellow in France and free commentator on maritime affairs.

The views expressed are the author’s own.

(Original version is available at Eurasia Review)

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South China Sea conflict generates uncertainty and insecurity – by Tuong Nguyen | Global Post

24 August 2012

by Tuong Nguyen | Global PostPARIS, France — A recent article, “China’s South China Sea jurisdictional claims: when politics and law collide,” published in the East Asia Forum, remarked that the uncertainty and insecurity generated by China’s claims in the South China Sea are reflected in headlines throughout Southeast Asia, even though the claims have no solid legal basis in international law.

China’s Blue Water Navy in the South China Sea. (C) dinmerican.wordpress.com

The insecurity is a consequence of tension in the region and in international relations rising from China’s newly aggressive posture in the South China Sea. The claims are based on a so-called “9-dashed line” map, adapted by the Zhou Enlai government when it took control of China in 1949. It is taken from the original map, known as the “11-dashed line” that was drawn by Chiang Kai-shek’s nationalist government in 1947, a time when the islands of the South China Sea, once said to be a Japanese lake, were being returned to the countries that had possessed them before World War II.

The fundamental difference in the maps is that the Nationalist China map includes the Gulf of Tonkin, the Communist China map does not. The dashes on the maps refer to the demarcation lines used by China for its claim of the South China Sea area that includes the Paracels Island and the Spratly Islands. China occupies the Paracels, which are closest to China and Vietnam, but Vietnam and Taiwan are claiming them. Claims on some or all of the Spratly Islands, which are nearest Indonesia and the Philippines, are being made by the Philippines, China, Brunei, Malaysia, Taiwan and Vietnam. The Spratlys are believed to contain important mineral resources, including oil.

The confusion over the legality of claims to the territories begins with the San Francisco Peace Treaty, signed in 1951, that officially ended World War II and Japan’s position as an imperial power. Neither China nor Taiwan were present because countries attending the peace conference could not agree which was the legitimate government of China. The treaty, as signed by the parties, did not specify which countries could legally possess the former Japanese territories in the South China Sea.

Taiwan and China each wanted Japan to return the islands of Paracels and Spratlys to them. This resulted in Taiwan’s version, the “11-dashed line” map, and Communist China’s adaptation that became the “9-dashed line.” The 1952 Treaty of Taipei between Japan and the Republic of China, newly established on the island now known as Taiwan, did not assign possession of Paracels and Spratlys. Communist China unilaterally claimed the right to have the islands.

Thus, the current claims of both China and Taiwan have no basis in international accords and, in effect, are illegal. China is inconsistent in attempting to de-recognize Japan’s World War II territorial claims in the South China Sea while using those claims to assert its sovereignty on former Japanese territories.

Internationally, the political and legal status of Taiwan remains a contentious issue. Consequently, China’s claims to the territories, based on Taiwan’s sovereignty, are among many unresolved issues between the two countries.

Disputes on the sovereignty over the Paracels and Spratlys in the South China Sea existed before the World War II. All unilateral or bilateral agreements or claims on multilateral disputes are invalid.

The United Nations Law of the Sea Convention that concluded in 1982 defines the rights and responsibilities of nations in their use of the world’s oceans. Among its provisions are rules for establishing territorial limits and providing means for settling disputes over coastal claims. All of the countries boarding the South China Sea, except North Korea, are among the 162 nations to ratify the treaty. The U.S. Senate has not ratified the treaty.

Under international law, the current crisis should be presented to the Law of the Sea Convention to settle the Chinese challenge to Vietnam, the Philippines and others over claims to more than 40 islands in the South China Sea.

Among the territorial disputes the Law of the Sea Convention might address is to clarify which areas are disputed and which ones are not. In May 2009, for example, Malaysia and Vietnam submitted jointly to the UN Commission on the Limits of the Continental Shelf, which was established to implement the Law of the Sea Convention.

Also in May 2009, China submitted for the first time its “9-dashed line” map attached to a Note Verbale to Secretary-General of the United Nation seeking to refute the claims of Vietnam and Malaysia and to clarify its claims. Although the claim in China’s map was unclear, its submission was considered a major milestone in the South China Sea disputes.

Because that was the first time the international community knew officially of the Chinese claims designated on the map, Vietnam immediately sent a diplomatic note to the Secretary-General to refute China’s claims. These submissions did not identify clearly the disputed areas, but they are legal and valuable documents for the settlement procedure.

Philippines, a leading voice in the resolution of South China Sea issues, has recently proposed a solution based on a Zone of Peace, Freedom, Friendship and Cooperation. It requires a clear delimitation of disputed and undisputed areas in accordance with the UN Convention on the Law of the Sea before peacefully pursuing joint development as outlined in China’s proposal.

The Philippine proposal segregates the undisputed areas from disputed ones. Vietnam supports the Zone of Peace, Freedom, Friendship and Cooperation while China has rejected it and pressed others Association of South East Asian Nations not to participate in discussions about it.

Not surprisingly, since China has never made clear its claims by using the so-called “9-dashed line” covering virtually more than 90 percent of the South China Sea, this rule-based concept breaks through the imprecision of China’s approach. China’s assertive posture has raised concerns among the international community about the potential for conflict in the South China Sea area. Beijing’s steps in the South China Sea are more determined and aggressive than ever, creating the worrisome prospect of escalating tension in the area. The first step toward settling these disputes through peaceful negotiations based on international law would be for all to claimants to state their claims with clarity.

Tuong Nguyen is a computer science postdoctoral fellow in Paris, France and free commentator on maritime affairs. 

(Original version is available at Global Post

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