8 - Settlement of the South China Sea Dispute: A Vietnamese View

Summary

The South China Sea is usually considered as having vital strategic and economic interest. It is a nexus of maritime routes, connecting the Indian and Pacific Oceans. It possesses a diverse marine environment with rich resources of fisheries and ideal conditions for marine research activities. In addition, the continental shelf in the South China Sea is believed to contain great oil and gas reserves. This gives rise to the existence of one of the most complicated and long-lasting sovereignty and maritime disputes. However, with its specific geographical characteristic of a semienclosed sea,2 any exploration, exploitation, and management activities in the South China Sea must be conducted in a cooperative manner. In this regard, Article 123 of the United Nations Convention on the Law of the Sea (UNCLOS) is worthy of being quoted as a framework for cooperation of states bordering enclosed or semi-enclosed seas:

States bordering an enclosed or semi-enclosed sea should cooperate with each other in the exercise of their rights and in the performance of their duties under this Convention. To this end they shall endeavour, directly or through an appropriate regional organisation: 1) to coordinate the management, conservation, exploration and exploitation of the living resources of the sea; 2) to coordinate the implementation of their rights and duties with respect to the protection and preservation of the marine environment; 3) to coordinate their scientific research policies and undertake where appropriate joint programmes of scientific research in the area; and 4) to invite, as appropriate, other interested States or international organisations to cooperate with them in furtherance of the provisions of this article.

Such a framework must also be taken into account in settling the disputes in the South China Sea.

Sovereignty Disputes

The sovereignty disputes in the South China Sea mainly relate to some mid-ocean islands. The Paracels are disputed between Vietnam and China (including Taiwan). The Spratlys are disputed (as a whole or partly) between Vietnam, China (including Taiwan), Malaysia, Brunei, and the Philippines. The Scarborough Shoal is disputed between China (including Taiwan) and the Philippines.