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Five
scenarios for East Sea
There are five scenarios for the East Sea
dispute in the next 10 years.
China cannot give
evidence
Visitors at an exhibition of
ancient maps showing Hoang Sa, Truong Sa as Vietnam's territories.
Before international law, historical evidence with
legal values is the most convincing factor.
However, international law experts also said that in
resolving territorial disputes, on land or on sea, the ability of the
involving parties to have historical evidence with legal value is not high.
According to Nuno Sergio Marques Antunes, a Portuguese
expert on international maritime disputes, "the disputes based only on
legal arguments ... are relatively rare. The vast majority of the territorial
disputes lack meaningful legal arguments. In most cases, the arguments
without legal value stand out."
Each side in the territorial dispute must take
advantage of all the evidence seriously, regardless of form, as Brian Taylor
Sumner, American expert on international law has confirmed, pointing out nine
different categories, including historical evidence.
China’s
historical evidence on its sovereignty over Hoang Sa-Truong Sa (Paracel-Spratly Islands) based on ancient history or
even on the events that happened in the past 60 years contain many mistakes,
intentionally to mislead the public opinion.
While some Western scholars relied on a part or the
entire Chinese ancient history to support China,
Vietnam's researchers have
analyzed the serious flaws in ancient history of China over its sovereignty of the
Hoang Sa-Truong Sa.
In his book published in English in 2013, Wu Shicun
used the following arguments to justify China’s claim on the islands in the
East Sea: China discovered and named the islands of the Hoang Sa-Truong Sa
Islands, China received tributes from the Vietnamese feudal government, the
Democratic Republic of Vietnam acknowledged the sovereignty of China over
Hoang Sa-Truong Sa, the Socialist Republic of Vietnam just inherited only
from the DRV, etc.
The value of the argument
Firstly, if you think China is the country that
explored or named the islands in Hoang Sa and Truong Sa Islands so it
holds sovereignty over Hoang Sa-Truong Sa, then this argument does not meet
the standards of international law on possession as I mentioned above.
At the same time, the argument that as the country
receiving tribute from the Vietnam
feudal government until 1885, then it holds sovereignty over Hoang Sa-Truong
Sa, is also rejected based on historical evidence and the case between France and Britain on the Minquiers -Ecrehos
region.
The argument that the Democratic Republic of Vietnam
once recognized China’s sovereignty over Hoang Sa-Truong Sa and the SRV only
inherited from the DRV, so China holds sovereignty over Hoang Sa-Truong Sa,
is rejected, based on the adaptation of the principles of prevention
(estoppel), the nation's inheritance rights under international law and
historical evidence in international relations of Vietnam in the period
1954-1976.
In addition to satisfying two standards of
international law before the Convention of Berlin, historical evidence about
Vietnam’s sovereignty over Hoang Sa in ancient Western documents in over 200
years from the early seventeenth century to the late nineteenth century
particularly satisfy criteria set forth in the 1885 Convention on the
awareness of the international community to the sovereignty of Vietnam.
In contrast, until today, the Chinese cannot present
any historical evidence favorable to their claims from the ancient Western sources
before the twentieth century.
China refers to
two events: Kuo Sung-tao, the first Chinese ambassador in England in 1876-1877 stated that Hoang Sa
belongs to China, and China opposed
and prevented the Germans from the survey in Hoang Sa and Truong Sa in 1883.
However, China
does not have independent documentation verifying the accuracy of the claims
of Kuo Sung-tao and in 1885, Germany
popularized the detailed map of Hoang Sa area that they surveyed in
1881-1883.
Compared with China,
the historical evidence of Vietnam
over its sovereignty of Hoang Sa-Truong Sa is more clear and stronger.
The five scenarios
In late September 1975, in a meeting between leaders of
the two countries, when the First Secretary of the Workers' Party of Vietnam
Le Duan raised the issues of Hoang Sa-Truong Sa Islands, Chinese Vice Premier
Deng Xiaoping admitted the dispute and proposed that the two countries
discuss the issue later. But, after nearly 40 years, the dispute has not been
resolved.
In this context, we believe that there are five
scenarios for the East
Sea dispute in the next
10 years:
The first scenario, China will use force to invade a
part or entire Truong Sa Islands, in order to "resolve disputes and
establish sovereignty over the islands and territorial waters by 2020"
as Chinese scholars asserted and according to other sources.
In the marine disputes, China
used force against Taiwan
in the 1950s, and against Vietnam
in the 1970s and 1980s.
The new military adventure of China in Truong Sa, in order to control all of
the islands, rocks within the "cow tongue", will cause insecurity
and instability in the East Sea, affecting maritime traffic of the U.S., Japan,
India,
etc.
No one was surprised with the statement that China has closely followed developments in Ukraine and Crimea to assess response and
countermeasures of the U.S.
and the European Union to Russia.
However, due to major differences with the annexation
of the Crimea to Russia,
this scenario may bring about economic, military, political, etc. results
that are beyond the estimations of China's leaders.
The second scenario, China agrees to solve the dispute
at international courts. Due to the weakness of China in historical and legal
evidence, due to the use of force in 1974 and 1988 to occupy the islands and
rocks in Vietnam’s Hoang Sa-Truong Sa, and to not have enough for the
principle of "quieta non movere",China opposes legislation or internationalization
of the East Sea issue, sticks to the policy of "bilateral
negotiations", "setting aside dispute and pursuing joint
development". More than anyone else, China understands that they will
lose more than they gain if they have to face international courts.
The third scenario, China
does not use force but continues the tactics of prolonging the time to solve
the East Sea dispute.
Based on the principles set forth in international law,
China strengthens its position
on the East Sea to permanently occupy the islands
that are currently under its illegal control. This is a favorable scenario
for China and
disadvantageous for Vietnam,
if Vietnam does not use
international law to resolve the disputes with China in the near future.
The fact shows that China
has been successful in more than 20 years when applying the "peaceful
dialogue" tactics in territorial disputes with other countries until the
Philippine sued China
to the Arbitration Court
in accordance with the Appendix VII of UNCLOS in early 2013.
The fourth scenario, China
boosts the tactics "silkworms eat mulberry" over the East Sea.
They continue to exercise sovereignty in the islands of illegal occupation,
turn the undisputed areas into disputed areas and force the involving
countries to implement "peace dialogue" or "setting aside
dispute and pursuing joint development" in the new "disputed"
areas.
This scenario helps China
expand the boundaries of the "cow tongue" but they cannot predict
every response, including the possibility of limited military conflict with
ASEAN members, with the U.S.
or other allies of the U.S.
This scenario is disadvantageous for Vietnam if Vietnam
does not use international law to resolve disputes with China in the
near future.
The fifth scenario. China
makes serious negotiations with Vietnam
(and the ASEAN countries having disputes with China)
to solve the East
Sea dispute. This is
the most favorable scenario for Vietnam
and other countries, but unfavorable to the ambition of monopolizing the East Sea.
The events related to the East
Sea from early 2013 until today
shows that the situation does not allow Vietnam
to hesitate to resolve marine dispute with China to the roots.
Thai Van Cau, VietNamNet Bridge
(The author is a space scientist of Vietnamese origin living in the U.S.)
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