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Showing posts with label United Nations Convention on the Law of the Sea (UNCLOS). Show all posts
Showing posts with label United Nations Convention on the Law of the Sea (UNCLOS). Show all posts

Thursday, May 15, 2014

Vietnam's anti-China riots 'hurt its image', burning nationalism cornering Hanoi

Mobs chanting anti-Chinese slogans have set at least 15 foreign factories on fire in southern Vietnam.

An analyst said the incidents were among the country's most serious riots and would tarnish its image as an investment and tourist destination.

The rioting started late on Tuesday when about 19,000 workers protested at a Singapore-run industrial park and others nearby in Binh Duong province, 1,120 km south of Hanoi, the capital.

Vietnam's anti-China riots 'hurt its image'
Special: Territorial Disputes in the South China Sea
Vietnam's anti-China riots 'hurt its image'
Opinion: Vietnam's claims do not hold water
Authorities said rioting and looting forced the closure of 1,000 factories, but no casualties were confirmed. About 500 people were arrested.

 The incidents came after anti-China street protests over the weekend following Beijing's recent deployment of an oil drilling rig in its territorial waters in the South China Sea, which are also claimed by Vietnam.

In a phone conversation with his Indonesian counterpart on Wednesday, Foreign Minister Wang Yi said China wanted Vietnam to calm the situation.

"China's stance of protecting its legal sovereign rights is firm, clear and will not change," he said.

Ministry spokeswoman Hua Chunying said Beijing had lodged protests with the Vietnamese ambassador, asking the Vietnamese "to immediately take effective steps to stop and punish these crimes, and to ensure the safety of Chinese citizens and institutions in Vietnam."

Hua said Hanoi had deliberately escalated tensions by allowing its vessels to ram Chinese boats around the rig on 169 occasions on Tuesday and by arranging for reporters to cover the process.

"This was all done for show in an attempt to present a false picture and deceive the public," she said.

Li Jinming, a Xiamen University professor of maritime law and South China Sea studies, said, "Vietnam is provoking China on land and sea in a high-stakes gamble."

Tran Van Nam, deputy head of the province's people's committee, was quoted by VnExpress as saying that the protests were initially peaceful but had been hijacked by extremists who incited people to break into the factories.

Hundreds of other factories were vandalized or looted, while some security guards and technicians were assaulted, the official said.

He said people attacked factories they believed were run by companies from the Chinese mainland, but some were run by people from Taiwan, Japan or South Korea.

On Wednesday morning, nearly all the factories in the area were closed and riot police had been deployed.

Global exporter Li & Fung, which supplies retailers such as Kohl's Corp and Wal-Mart Stores with clothing, toys and other products, said it had suspended production in Vietnam.

Yue Yuen Industrial Holdings, a Taiwan manufacturer with headquarters in Hong Kong, also suspended production. It makes footwear for firms including Nike and Adidas.

Vietnamese Internet users have questioned the motivation and impact of the rioting.

"Young people should be more cautious and avoid being used by bad people. The (foreign) companies have brought jobs — what is wrong with them?" a netizen nicknamed muoihcm commented in the VnExpress report.

The Vietnamese government gave rare permission for the weekend protests, which were enthusiastically covered by state media.

Li Guoqiang, deputy director of the Research Center for Chinese Borderland History and Geography at the Chinese Academy of Social Sciences, said, "It is high-profile propaganda for the Vietnamese authorities and media regarding the collision of ships in the South China Sea that enraged public opinion and resulted in the riots.

"The incident will not only harm relations with China but also endanger Vietnam's international image, especially as an investment and tourist destination."

Wang Jian and Xinhua contributed to this story.

Burning nationalism cornering Hanoi

Vietnam's anti-China protests have turned into turmoil since Tuesday. Companies and investment projects from the Chinese mainland, Taiwan and other Asian countries and regions have been affected. It was reported that Taiwan investors suffered the greatest loss.

This is the most serious riot since Vietnam reunited, and the most stunning attack and looting foreign businesses in East Asia in recent years. Street politics in some Asian countries in recent years have caused havoc for social order and business, but few were like that in Vietnam, which deliberately targeted industrial parks and factories. Workers even ransacked their own factories.

Authorities from the Chinese mainland and Taiwan as well as other countries and regions such as Singapore have lodged stern protests with the Vietnamese government. Some international media, shocked by the chaos, called Vietnam an anarchy-dominated country of burning nationalism.

The turmoil is the outcome of Hanoi's years of anti-China propaganda. Without legitimate grounds and practical capability, Vietnam fabricates and hypes up its jurisdiction over the Xisha and Nansha Islands. This uncompromising stance, in an attempt to bring its people together, has actually cornered itself.

The rising turmoil in Vietnam has jeopardized the interests of foreign investors. Vietnam is probably no longer a rich land for investment and business, but a pariah in the eyes of these investors, especially East Asian investors. Vietnam is making a fool of itself, showing how uncertain its market is.

Vietnam has to offer compensation for the losses incurred to foreign investors, who will not allow Hanoi to duck its responsibilities. Otherwise Vietnam will pay an additional political price.

When large scale anti-Japan demonstrations broke out in China, wherever vandalism took place there was much less damage caused by the Chinese protestors, and public opinion urged prompt reflection.

The Chinese government and mainstream society were clear in their attitude against violence in demonstrations and the vandals were pursued according to the law.

But violent demonstrators in Vietnam, starting Tuesday, were obviously indulged by Hanoi. The situation was still out of control a day later. There was no collective condemnation of the violence by local media.

Arrogance makes Hanoi misjudge the situation in the Asia-Pacific. The geopolitics of the South China Sea will not be easily changed by its harassment.

 It's time that Hanoi sober up, or those looters will finally make the whole country suffer. Hanoi's over-tolerance must not test China's patience beyond the limit.  - Global Times

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Stop fueling maritime provocation, Beijing tells Washington   

Beijing describes Washington's latest remarks on the South China Sea as "inspiring belligerency".

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Philippines violates UN Convention



The Philippines detained 11 Chinese fishermen for unverifiable crime after seizing their vessel near China's Half Moon Shoal in the South China Sea on May 6. On Monday, the Philippines defied China's demand to free the fishermen and charged nine of them with poaching more than 500 endangered sea turtles. Two fishermen, both minors, will be sent back home.

By doing so, the Philippines has violated the United Nations Convention on the Law of the Sea, which it has been trying to use to legalize its claim on China's islands in the South China Sea.

China has indisputable sovereignty over the Nansha Islands and their adjacent waters in the South China Sea. In May 2009, Malaysia and Vietnam jointly submitted to the Commission on the Limits of the Continental Shelf a notification of the two countries' continental shelf claims in the South China Sea, and Vietnam also unilaterally made another submission. In response, China submitted its map of the nine-dash line attached to two note verbales to the UN to refute the two countries' extended continental shelf claims. In the notes, China stated that it has the sovereignty and sovereign rights over the territorial sea and exclusive economic zones of Nansha Islands.

Since Half Moon Shoal is part of the Nansha Islands, Manila has no right to detain any vessel or fisherman fishing in its waters. By doing so, it has violated international norms for the fishing industry, as well as the UNCLOS.

China has been exercising its administrative jurisdiction over the Nansha Islands and its surrounding waters by carrying out normal maritime operations. But of late, Chinese fishermen have not been feeling safe in the South China Sea because of the belligerent attitude of some countries locked in territorial disputes with China.

According to the UNCLOS, after being authorized to fish in some exclusive economic zones, countries should abide by the laws and regulations of the coastal states when it comes to the management and conservation of resources. The coast guard of a coastal state could board and check the relevant documents of vessels fishing in the waters near its coast if they violate these laws and regulations. It could even detain the fishermen. But under no circumstances, should the fishermen (or other people on board the vessels) be subjected to corporal punishment and imprisonment.

Moreover, Manila has failed to honor the regional order. The UNCLOS says the disputing countries should resolve the issue of overlapping economic zone boundaries through agreements on the basis of international law in order to achieve an equitable outcome. In case the disputing countries fail to reach an agreement, they should try to work out a provisional arrangement and, during the transition stage, both sides should avoid taking unilateral actions that could hinder the possibility of a final agreement.

The Nansha Islands are within 400 nautical miles of all the countries locked in the South China Sea disputes. Since China has sovereignty over the islands, its duly exclusive economic zone overlaps with those of the other disputing countries. So it's important that Manila faces up to a sea boundary delimitation dispute with Beijing.

To maintain regional stability and to resolve the disputes in the South China Sea through peaceful means, China and ASEAN signed the Declaration on the Conduct of Parties in the South China Sea in 2002. Beijing's proposal of "shelving the disputes and conducting joint exploration" got positive response from the disputing countries and praise from the international community. This could be regarded as a provisional arrangement for the ultimate resolution of the disputes.

But using its advantageous geographical position and assuming that the disputed areas are part of its territory, the Philippines has been seizing Chinese fishing vessels and detaining Chinese fishermen. Such provocative actions by the Philippines are worsening the already tense atmosphere in the region.

It should thus be clear to the international community that Manila, not Beijing, has violated the DOC and the UNCLOS, as well as further damaged the fragile Sino-Philippine relations. And justice chooses those who choose to side with it.

Contributed by Li Jieyu (China Daily)

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Monday, May 12, 2014

ASEAN leaders stress ASEAN unity, peace, centrality, progress and the importance of China’s peaceful rise

ASEAN leaders pose for pictures during the opening ceremony of the 24th ASEAN Summit in Naypyidaw May 11, 2014.

ASEAN leaders on Sunday pledged to strengthen ASEAN unity and solidarity as well as ASEAN's central role in maintaining and promoting peace, stability, harmony and prosperity in the region.

Gathering at the 24th ASEAN Summit, which was wrapped up here Sunday, the leaders adopted the Nay Pyi Taw Declaration on Realization of the ASEAN Community by 2015 to reaffirm their commitment to the aims and purposes of ASEAN.

The leaders agreed to further enhance ASEAN cooperation in promoting democracy, good governance and rule of law, in addition to promotion and protection of human rights and fundamental freedoms, so as to further enhance a rule-based community of shared values and norms, the declaration said.

They also agreed to explore the possibility for a regional framework based on the principles contained in the Treaty of Amity and Cooperation in Southeast Asia and in line with the Bali Principles on Mutually Beneficial Relations.

The leaders vowed to further promote peace and reconciliation in the region through relevant mechanisms and entities associated with ASEAN, and strengthen cooperation for the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) in accordance with universally recognized principles of international law.

They also pledged to work closely with nuclear weapon states on the early signing and ratification of the Protocol to the Treaty on the Southeast Asia Nuclear Weapon-Free Zone without reservations by nuclear weapon states.

Meanwhile, the leaders will seek to strengthen ASEAN centrality in the evolving regional architecture through ASEAN-led processes such as ASEAN+1, ASEAN+3, East Asia Summit, ASEAN Defense Ministers' Meeting Plus, and ASEAN Regional Forum, according to the declaration.

The summit, themed Moving Forward in Unity to a Peaceful and Prosperous Community, was chaired by Myanmar President U Thein Sein. It was the first time for Myanmar to assume the ASEAN chairmanship since it joined the bloc in 1997.

Source: NAY PYI TAW, May 11 (Xinhua)

24th ASEAN summit wraps up with significant progress


Video: 24th ASEAN summit wraps up with significant progress ...


This year's ASEAN summit has wrapped up in Nay Pyi Taw, the capital of Myanmar, reflecting the country's growing role in the regional association. ASEAN's plans for integration are moving forward under the shadow of the potentially divisive issue of the South China sea.

A celebration of a nation. The ASEAN anthem, sung in myanmar’s capital naypyidaw for the opening of the 24th ASEAN Summit. A historic moment for one of ASEAN’s youngest member, that has come a long way from a secluded country crippled with sanctions into hosting one of the most important leaders summit in the region at a very crucial point of the association’s history.

"The ASEAN community will merge in one and a half year’s time. Today, we are at a critical juncture and we need of make sure that all the necessary steps in the community building are take in a timely manner." President of Myanmar Thein Sein said.

To that end the 24th ASEAN summit has made some strides with the commitment to expedite the implementation of the blueprints for Asian community,namely through ASEAN connectivity.. which in turn will help maintain and boost ASEAN economies and reduce poverty in the region especially in a newly opened up country like Myanmar.

The recent tension between Vietnam, the Philippines, both ASEAN members and China, an important partner to ASEAN has also prompted ASEAN to call for restraint in the disputed territory and expedite the development of the Code of Conduct and show a united front that goes beyond a picture

"In regional and global context, ASEAN must continue to play a greater role with more proactive engagements with external parties. ASEAN should be contributing more towards peace and prosperity to the global community by taking collective and united responses to global issues of common concerns and interest." Sein said.

As the end of the summit brings ASEAN an inch forward to a community, serious questions are raised on its effectiveness in solving and facilitating difficult issues and that will be the biggest test yet for the association of nations.

Myanmar stresses China’s peaceful rise to regional leadership


NAY PYI TAW (dpa) – Myanmar officials highlighted the importance of China’s peaceful rise in the region on Saturday ahead of the Association of South East Asian Nations (Asean) Summit.

Myanmar will host Sunday for the first time since it joined the 10-nation bloc in 1997.

“China is not only a big friend of Myanmar’s, but China is also the biggest trading partner of most of the Asean counties so China’s peaceful rise is very important for the Asean region,” said Ye Htut, a spokesman for President Thein Sein.

Asean Summits, held twice a year, end with declarations on regional issues such as economic integration and common security concerns. The Philippines and Vietnam are lobbying this year for a strong statement from Asean against aggression in the South China Sea.

Several countries have territorial disputes with Beijing over sovereignty claims to the sea, petroleum reserves and rights to fishing grounds.

Myanmar, as host, will play a crucial role in determining the tone of the final Asean statement on China, its northern neighbour and main foreign investor.

Asean foreign ministers met in the capital Nay Pyi Taw Saturday to discuss regional issues, including the South China Sea tensions, ahead of the summit.

Ye Htut described the Philippines’ and Vietnam’s problems with China as a matter of “bilateral relations.”

China’s policy has been to address its territorial disputes at the bilateral level, while the Philippines and Vietnam want a common Asean stance to pressure Beijing to agree to a Code of Conduct in the disputed areas.

Source: Borneo Bulletin

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 The high-profile interventions by the US in the disputes between China and some of its neighbors over some islands or reefs and maritime entitlements in recent years, have seen the US frequent making use of the United Nations Convention on the Law of the Sea (UNCLOS). It seems that according to the US, China has become a violator of UNCLOS.    

Thursday, May 1, 2014

US shows its true colors: hypocritically abuses principles of UNCLOS to benefit itself !

US hypocritically abuses principles of UNCLOS to benefit itself

The high-profile interventions by the US in the disputes between China and some of its neighbors over some islands or reefs and maritime entitlements in recent years, have seen the US frequent making use of the United Nations Convention on the Law of the Sea (UNCLOS). It seems that according to the US, China has become a violator of UNCLOS.    

The fact is that the disputes between China and some of its neighbors over some islands or reefs fall within the scope of territorial disputes, which are not subject to UNCLOS' regulation and adjustment.

Moreover, China, as a state party to UNCLOS, made a declaration in 2006, which excluded disputes on maritime delimitation and historic title or rights from the compulsory dispute settlement procedures, in accordance with relevant UNCLOS provisions concerning optional exceptions.

The US, which keeps on emphasizing the rule of international law, should be well aware of this background. However, the US has repeatedly distorted UNCLOS to negate China's lawful maritime claims and rights. Anyone with common sense can understand what the US acts mean.  

While the US behaves like a state party to UNCLOS and argumentatively invokes UNCLOS to criticize China, it forgets that it has not ratified UNCLOS itself. As the world's top sea power and significant coastal state, the US, under the excuse that UNCLOS has become part of the customary international law, has enjoyed all the rights given by UNCLOS while choosing to evade the related duties at the same time. This clearly demonstrates the selective and utilitarian attitude of the US toward UNCLOS.  

The US misuse of UNCLOS is also well reflected in its self-granted impunity concerning its maritime military maneuvers. The US possesses ultra-strong naval power and the capacity to control all the world's strategically important maritime locations, and its freedom of navigation and maritime entitlements have never been threatened.

With the development of modern naval weaponry particularly the enhancement of the electronic telecommunication and reconnaissance capabilities, the US has for a long time expanded its maritime and aerial reconnaissance and deterrence activities into other countries' exclusive economic zones (EEZ) and the airspace above them, causing disquietude among many developing coastal states, and making the utilization of EEZs for military purposes a highly controversial issue globally.

Washington has made a series of US-style interpretations on UNCLOS' EEZ regime, such as confusing the EEZ with the high seas in its excessive expansion of its naval ships' rights to free movement, misinterpreting the provisions concerning the peaceful use of oceans for an improper assertion that all non-invasive military activities are lawful, arguing that its military ships' close-reconnaissance of other countries' EEZs are hydrological surveys or intelligence collection, and so on.

The self-granted impunity mentioned above fully reveals the unscrupulous US playing with and trampling on UNCLOS.       

And from the perspective of timing, when the US started to put into practice its "pivot to Asia" strategy, it simultaneously began to make an issue of UNCLOS under the circumstances of its not-yet accession into it, and to hype up the East China Sea and South China Sea issues, so as to pave the way for its military "rebalance." 

Rather than adopting a "double standard" in using UNCLOS to realize its selfish interests and "rebalance" other countries, the US, the self-proclaimed defender of regional maritime order and mediator of relevant disputes, should consciously abide by the maritime norms in accordance with the spirit of UNCLOS.

It should  show respect to the joint efforts by China and its neighbors in resolving relevant disputes through consultations and negotiations, and engage more in activities which are conductive to regional peace and stability, maritime cooperation and development.

By Shen Yamei Source: Global Times Published: 2014-4-29 21:43:01
The author is an associate research fellow with Center for Maritime Security and Cooperation Studies, China Institute of International Studies. opinion@globaltimes.com.cn

US shows its true colors


Just as many have observed, united States President Barack Obama's Asia visit is essentially about Washington's and its allies' unease about a rising China.

From Tokyo to Manila, Obama has tried to pick his words so as not to antagonize Beijing. But from the US-Japan joint statement to the new US-Philippines defense agreement, it is increasingly obvious that Washington is taking Beijing as an opponent. With Obama reassuring the US' allies of protection in any conflict with China, it is now clear that Washington is no longer bothering to conceal its attempt to contain China's influence in the region. It is even less convincing to say the US pivot to the Asia-Pacific is not targeted against China.

Obama's rhetoric about peace and international law sounds hollow because it contradicts what Washington and himself have been up to. The US-Japan statement, for instance, is a dangerous license for the increasingly rightist Japanese Prime Minister Shinzo Abe to provoke more trouble. Its shameless disregard of historical facts and endorsement of Abe's rightist inclinations will only cause further instability.

For a considerably long period, Chinese have cherished the naive thought that Washington will rein in its unruly allies when they go too far.

Obama's current trip should be a wake-up call that this is just wishful thinking. His sweet promises of a new type of major-country relationship should not blind us to the grim geopolitical reality: Ganging up with its troublemaking allies, the US is presenting itself as a security threat to China.


The foremost threat is not the disputes that estrange China from its neighbors such as Japan and the Philippines. It is rather the threatening image of China that is being projected and marketed by these malicious neighbors and their backstage supporter.

Washington's biased portrayal of China and its legitimate territorial claims is conducive to the US' pivot and stronger bonds with its allies. But if the US wants to benefit from the thriving Asia-Pacific, it should promote good-neighborliness.

The further prosperity of the region calls for closer intra-regional connectivity, to which the current tensions are a threat. Washington should try to ease those tensions, instead of fanning them.

Most important of all, Washington must come to terms with the reality that China will continue to grow, though it will not follow the US' hegemonic path.

Washington's best bet lies in collaborating with, not standing against, Beijing before it is too late. - China Daily

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