To set aside disputes and pursue joint development in the VietNamNet Bridge - "Set aside disputes and pursue joint development" is mentioned by a number of international scholars as a temporary measure to control the tension in the East Sea in the short and medium term, while waiting for the parties to negotiate the Code of Conduct in the East Sea (COC).  Due to concern about the ability that China uses the trap "joint development" to strengthen the basis for its U-shaped claims, scholars believe that the key factor is that prior to join the agreement on joint development, related parties must agree that the development does not mean giving up sovereignty claims of each country, and neither side is allowed to act unilaterally to change the status quo of the disputed area as defined in the UN Convention on the Law of the Sea 1982 (UNCLOS). VietNamNet recognizes the policy recommendations of a number of scholars at the International Conference on control of tensions in the Leonardo Bernard, Center for International Law, The UNCLOS has articles referring to joint development agreement (JDA), under which the UNCLOS encourages nations involving in maritime boundary disputes to arrange joint development agreements in the disputed areas. This may be a legal basis for cooperation and development agreement in the The first important premise for the JDA is to put aside disputes to join the JDA. At first glance it seems to be quite easy to put aside disputes, but in fact it requires great political will of the parties involved. For the There are countries that claim the entire To pave the way for the JDA, each country can start by saying that in this area, we have claims but we also recognize that other countries also have claims here. However, we have a solid legal basis for our claims while other countries do not have such strong legal basis. The recognition of the claims of other countries in this area does not mean that the country abandons its claims. However, to do that it requires a lot of political will. In addition, it is particularly important that the country should educate its citizens to understand that joining the JDA or acknowledge that other countries also have sovereignty claims does not means giving up their national sovereignty in that area. This leads to the second important factor of the JDA - "putting aside disputes" but the countries maintain their basic stance and their sovereignty claims. This is the term that all countries involved in the The final important factor is how to identify the potential areas for joint development? Some scholars suggested that prior to joining the JDA, involved countries need to clarify their claims. It is true that if the countries can clarify their claims, the determination of the areas for joint development cooperation will become much easier. However, from the move of Even if the parties do not clarify their claims, there is still the opportunity to identify the possible areas for development cooperation. For example, the Scarborough shoal is the place where only the I think both sides can fully achieve such a deal without sacrificing claims or clarify their claims. Similarly to the area around the Bonnie Glaser, Senior Advisor on Before joining any JDA, the related parties need clearly define the concepts such as the "status quo." Acting Assistant Secretary of State Joseph Yun pointed out the Another important issue is ASEAN should not let’s Even the initiative to use international arbitration to arbitrate disputes with China in the East Sea, that the Philippines is pursuing has so far only received the support of only one member of ASEAN, Vietnam and the two countries outside ASEAN - the U.S. and Japan. If many countries support this effort, it will motivate related parties to attempt to resolve disputes before judgment is given. The support of many countries for this effort can also affect the way the Chinese approach and other countries involving in the disputes may consider pursuing similar cases. I think I want to mention the confidence-building and conflict-avoiding measures. The Declaration of the Conduct of the Parties in the East Sea (DOC) includes confidence-building measures such as informing related parties about military exercises and exchange of information between the parties. So I think DOC enforcement is not a bad idea. The DOC contains provisions relating to maritime cooperation such as cooperation to ensure safety of navigation and communication at sea. These issues so far have not been implemented effectively. We should create more opportunities for One recommendation that I want to promote is the establishment of the South China Sea Coast Guard Forum which will focus on maritime security and legal issues. In addition, the parties may consider establishing the Christian Le Miere, senior researcher of naval and maritime security, the Institute for International Strategic Studies (IISS): First of all, I want to emphasize that the parties involved in the dispute in the On the solution of putting aside dispute and pursuing joint development, I think this might be a temporary option in the short and medium term to control the tension in the The Antarctica Council was founded 16 years ago by a number of countries to create favorable conditions for research and policy recommendations related to the South Pole. The council serves as a forum for discussion of common concerns to countries in the region, enables search for solutions to solve problems before they become serious rather than just coping with the situation when troubles arise. There is no such a forum in the Setting aside disputes and pursuing joint development is an initiative proposed by Since China claimed the nine-dotted line, other countries have proved to be more alert to the call on joint exploration by this country since they are afraid that Beijing may use the trap "setting aside disputes and pursuing joint development" to turn the undisputed areas into disputed areas, in order to implement its ambition of monopolizing the East Sea. Noted by Vo Minh |
↧
ASEAN
↧