Legal coordination with China in the South China Sea | World



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On the night of October 4, Xinhua quoted Cambodian Deputy Prime Minister Hor Namhong calling on countries outside the region to avoid “provocation” on the South China Sea issue and for any disputes to be resolved peacefully.

“External powers must contribute to peace in the region and avoid exaggerated disputes,” Namhong said.

Positive progress

Hor Namhong’s statement does not directly mention what “external powers” are. However, recently, many countries such as the United States, Australia, the United Kingdom, France, Germany … as well as some countries in Southeast Asia have submitted documents to the United Nations to oppose China’s illegal claims in this sea.

Does the Thai admiral want to help China deter in the South China Sea?

Recently, Thailand’s Khaosod newspaper published a snapshot of a letter allegedly sent to Mr. Xu Zhanbin, Deputy Director of China’s National Defense Industry Technology Department, Luechai Ruddit. Through the letter, General Luechai asked the Chinese side to send a representative to go secretly to Thailand to sign the necessary agreements to promote the purchase of the 2nd and 3rd submarines. Previously, at the end of August, for financial reasons. Severely affected by the Covid-19 epidemic, the Thai government announced to stop the plan to buy the 2 remaining ships of the order from China to buy 3 submarines.

Furthermore, the above letter also mentions the Type-071 landing craft that Thailand ordered from China last year and is being finalized. By letter, General Luechai suggested that the Type-071 ship sold to Thailand would have the same equipment as the ship of the same type that the Chinese navy is using. That helps create a “strategic deterrent,” Luechai said, when Thailand sent Type-071 amphibious ships to operate in the Gulf of Thailand or the South China Sea.

In another passage in the letter, Mr. Luechai went on to mention that: “It demonstrates the deterrence and willingness of the Chinese navy in Southeast Asia.” In response to Khaosod, the Thai Navy spokesman declined to comment on the above content.

Answer Youth With respect to the above developments, Jonathan G. Odom, Professor of International Law at the George C. Marshall Center for European Security in Garmisch-Partenkirchen (Germany) evaluated the joint note of the United Kingdom, France and Germany to the United Nations on the South China Sea. it is a positive step forward.

“For a long time, China has been propagating about the East Sea problem around two highlights: first, this is the dispute between China and some countries in Southeast Asia; Second, the United States’ involvement in this issue is a “wrong place”. It is true that sovereignty disputes in these waters between China and some Southeast Asian countries. But the way Beijing describes the disagreement between the United States and China here is incorrect. In fact, not only the United States, but also Australia, India, Japan, Korea … also have interests related to the East Sea, including maintaining the security and stability of the region, as well as ensuring international law. and freedom of navigation here. The general note from Great Britain, France and Germany shows that many other countries, including many European countries, have interests in the East Sea, not just in the competition between the United States and China, ”Mr Odom analyzed.

Similarly, also answer Youth, Professor James Kraska (International Maritime Law Specialist – US School of Maritime Warfare) said: “The fact that many countries submit documents to the United Nations to oppose China’s claims in the South China Sea is a turning point, but Unfortunately, it was late. These moves should have been going on as early as 2016. Better than not, however, and it may take a long time for China to change its claim to sovereignty in the South China Sea. To do that, it is necessary to have stronger statements from the United States, Japan, France and the United Kingdom … as well as the voices of some other countries like Russia, Israel … Then the international community must coordinate. reputation in international forums such as the UN ”.

Since then, Mr. Kraska said that countries should continue to develop and strengthen economic and security cooperation to deal with China’s behavior.

Beijing must comply with UNCLOS 1982

In discussing legal issues, Professor G. Odom analyzed that the International Court of Arbitration’s ruling on the South China Sea is a comprehensive effort of international judicial experts with decades of experience in the law of the sea. The Arbitration Commission does not have the authority to resolve all legal issues in the South China Sea today.

“But that does not mean that the ruling of the International Court of Arbitration is meaningless, as a Chinese diplomat declared it only one day after the ruling was issued. As part of the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, China is supposed to comply with the above resolution. ASEAN states that are members of UNCLOS must continually subpoena the International Court of Arbitration. If not, Beijing has more opportunities to ignore international law ”Said Odom.

Build an effective COC

Therefore, Professor Odom emphasized: “ASEAN countries and China should continue to negotiate a Code of Conduct in the East Sea (COC). However, Beijing must demonstrate its true willingness to negotiate the COC, not just “color” with world public opinion. When completed, the COC should be legally binding, not just a “political statement” that China should ignore. The COC should be subject to the criteria of existing international standards, such as the Convention on the Regulations for International Collisions at Sea, which require safe navigation of ships. Nor should the Code allow China to veto joint exercises between countries in the region and foreign countries, to prevent Beijing from freely maneuvering its own warships and patrol boats. the intention of controlling the entire sea, putting pressure on the smallest countries in the region ”.

In addition, he also warned: “ASEAN members should not put all their faith in the COC’s ability to resolve all current uncertainties in the South China Sea.”

Similarly, GS Kraska raised the issue that ASEAN still lacked consensus and that some members were affected by China. “Therefore, this bloc should also consider changing some regulations to avoid over-reliance on the consensus principle that many common interests are influenced from outside,” Kraska said.




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