China puts itself above int’l law: Carl Thayer TUOITRENEWS   Captain Pham Quang Thanh on the fishing boat that was fired at by a Chinese naval boat off Hoang Sa (Paracel) Islands of Vietnam on March 20, 2013 Commenting on the fact that a Chinese naval ship recently fired at a Vietnamese fishing boat off Vietnam’s Hoang Sa (Pacacel) Islands in the East Sea, an Australian professor said that “if China steps up aggressive actions it will be counter-productive. China puts itself above international law by engaging in dangerous practices.” Emeritus Professor Carlyle A. Thayer at the School of Humanities and Social Sciences under the University of New South Wales at the Australian Defense Force Academy in Canberra, made the statement in an interview with Tuoi Tre on Thursday. When asked by Tuoi Tre about his comments on the incident that took place on March 20, the professor said, “As a consequence of China’s raising the status of Sansha city to a prefecture and establishing a military garrison, the People’s Liberation Army Navy (PLAN) has been given enhanced responsibility to enforce China’s jurisdiction around the Paracel Islands. “Vietnam can expect more incidents involving its fishermen as the weather improves. In May China will once again impose its unilateral fishing ban. China will step up patrols.” The professor also said that “it is rare for the PLAN to be directly involved in fishing incidents. The firing of the flares directly at a Vietnamese fishing boat is an irresponsible and dangerous act. But it is better than firing live rounds. At the moment it is best to view this incident as an isolated one. If more PLAN ships become involved in enforcing Chinese jurisdiction against fishermen using similar tactics it will be a sign of the enhanced role of the military in policy-making towards the East Sea.” He also answered some other questions from Tuoi Tre. Q:  Do you see any motives behind this new incident? Is this because of the new leadership transition or the new arms deals with Russia that China wanted to test Vietnam's reactions or is it a test to the US as John Kerry is soon heading for a first Asia trip in two weeks' time? A: I would caution against finding larger causes for what I believe should be taken as an isolated incident. It is more likely that Chinese naval captains have been given wide latitude in their operations and can operate with impunity against Vietnamese or Filipino fishermen without fear of punishment. I doubt that firing flares at a Vietnamese fishing craft was designed to test Vietnam’s reactions. The Vietnamese government responded appropriately by lodging a formal protest. The new leadership is now only beginning to unify China’s many of civilian enforcement agencies. It will take some time to co-ordinate their activities. I do not see this incident related to Russian arms sales to China. But it is likely China will show stronger determination in dealing with Secretary Kerry on maritime issues. But the dispute with China and Japan has higher priority. If China steps up aggressive actions in the East Sea it will be counter-productive. In my view the cause of this incident is a result of Chinese arrogance in asserting their claims to sovereignty in the East Sea and giving their local authorities too much leeway in dealing with encounters with foreign craft. China puts itself above international law by engaging in dangerous and unsafe practices. Q:  Is there anything we can do for now as the fishing harassment has been going on for quite some time already?  A: Vietnamese fishermen will always face harassment from Chinese authorities – whether civilian or military – because of the stance that the Chinese government has taken. If China really wanted to promote its peaceful rise and turn the East Sea into a region of “peace, cooperation and development,” it would negotiate a fishing agreement with Vietnam that permitted regulated fishing in disputed waters. Already the fisheries are being depleted due to overfishing and environmental pollution. Chinese fishermen are going further south to catch fish. Rather than act unilaterally, China should be seeking win-win solutions such as cooperating with other littoral states in effective fisheries management.