499BaierSpratlyIs05

8/10/2019 499BaierSpratlyIs05

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The Spratly Islands Territorial

Dispute Between China and

Vietnam


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Short History of Relations

Histories of Vietnam and China have long been intertwined Chinese conquests of the Vietnamese kingdom have occurred often

and resulted in some integration of Chinese culture

Following US-Vietnam War, relations deteriorated and led to a

military conflict in 1979 Normalization processes began in mid-1980s and were fully

normalized by the end of 1991

Since then, relationship has been characterized by two trends:positive and negative

However, in recent years, there have been improved cooperation

between two nations in settling territorial disputes


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Geography

Consists of 100 islands with a total land area of abouttwo kilometers

Lay dead center across major sea-lanes in South China

Sea Significant resources that include rich fishing grounds

and oil & gas resources

Largely unexplored until recently

Due to location and potential for energy and foodresources, 45 islands are occupied by small numbers ofmilitary forces from five countries


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Claims to Islands

China, Taiwan, and Vietnams claims:historical

Philippines: first country to establish itselfon islands

Malaysia and Brunei: based on Law of the

Sea


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History of Fighting

Islands remained mostly unoccupied until 1980s China began to establish physical presence in

1987

Clashes between China and Vietnam in theSpratlys would continue until 1994

November 1994: both countries agreed to

enlisted a joint committee to resolve dispute Minor attacks still continue as China andVietnam seek to control the region


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Bilateral Means to Solution

Chinas preferred method of resolution

PRC and Vietnam border dispute

Led to Sino-Vietnamese War in 1979

Low-Level conflict continued until normal relations

resumed in the 1990s

Land Border Treaty (1999)

Paracel Islands Dispute Vietnamese attempt to control islands led to complete

Chinese takeover of the islands


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Law of Sea

Stop nations from undermining freedom of theseas concept

Adopted by Vietnam in 1994 and by China in1996

200-nautical mile exclusive economic zone

(EEZ) created overlapping claims In the event of disputes over maritime

possessions, three means may be used: theInternational Tribunal for the Law of the Sea,

International Court of Justice, or Arbitration


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International Tribunal for the Law of

the Sea

Made up of 21 independent members

Since inception in 1996, it has seen

thirteen cases Lack of financial support in 2000

Has support from leaders around the world

Hard to say whether it will be effectivesince it is relatively new


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International Court of Justice

Has seen territorial disputes before andwill see a Southeast Asian territorial

dispute in 2006 Ability to use compulsory jurisdiction has

pushed nations to withdraw from the Court

Impartiality of judges has been questioned Only decides a few cases a year and is

considered inefficient


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Permanent Court of Arbitration

Oldest in the field of international disputesettlement

International Court of Justice has overshadowedit and reduced to a few cases a year

Since early 1990s it has reinvented itself andnow offers flexible rules of procedures

Has succeeded in settling other Asian disputes


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ASEAN

Established on August 8, 1967

ASEAN Regional Forum (ARF) created in 1994

Declaration on the South China Sea (1995) Code of Conduct (1996)

Declaration on the Conduct of Parties in the

South China Sea (2002)


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Conclusion

Potentially valuable to any Southeast Asian country thatclaims them

China: striving for good relations and stability in theregion; wishes to avoid economic upheaval

Vietnam: has weak military and seeks to create goodrelations with its neighbors

Trends indicate territorial disputes in the South ChinaSea are slowly getting resolved

Seems likely that any resolution will have to be achievedthrough either the Permanent Court of Arbitration or theInternational Tribunal

However if no action is taken by either nation thensituation will linger at its current state

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