Carlyle Thayer suggests Haiyang Shiyou-981 case to UNSC

June 20, 2014 | vovnews

Carlyle A. Thayer

This would create more leverage for the UNSC to ask China to withdraw itsdrilling rig out of Vietnam’s exclusive economic zone, Thayer said at an international workshop in Danang, on June 20.

In his presentation, Thayer gave extensive historical evidence proving the Hoang Sa ( Spratly ) archipelago belong to Vietnam, reiterating that territorial disputes in the region should only be settled through diplomatic channels in accordance with international law, including the 1982 UN Convention on the Law of the Sea(UNCLOS).

He recalled the June 9 diplomatic note China sent to UN General Secretary Ban Ki -moon, stating the operation of Haiyang Shiyou-981 is part of China’s frequent oil and gas exploration plan in Chinese territory.

China even accused Vietnam of disrupting the rig’s operations by deploying armed vessels and encouraging them to ram into Chinese boats.

The Chinese memo fabricates the situation in the East Sea and misleads the wider world as to what is actually happening. Professor Thayer called on the international community to express concern about increased tensions in the EastSea and urged the UNSC to consider the issue thoroughly.

In his opinion, the US and Australia should play a key role in lobbying the UNSC to hold a debate. He also encouraged Japan and other countries that share interests in the East Sea to take part in the debate.

Vietnam should also encourage the Association of Southeast Asian Nations(ASEAN) to have a stronger voice and hasten the drafting of a more legal bindingcode of conduct (COC) in the East Sea to handle territorial disputes, he said.

Patrick Cronin , Director of the US Asia-Pacific Security Programme, said Beijing is more resolute in its territorial claim in the East Sea. Recently published images show China reclaiming land on the hotly contested Johnson South Reef in the Truong Sa (Spratly) archipelago.

In early May 2014 China moved its drilling rig deep inside Vietnam’s exclusiveeconomic zone and continental shelf. Chinese ships, including warships, deployed to protect the platform, intentionally rammed Vietnam Coast Guard ships andfishing vessels .

China’s actions reflect its brazen moves in the East Sea and are part of Beijing’s pre-meditated plan.

The US supports the settlement of disputes in line with international law, referring to the Philippines case, and opposes the use of force or coercion to resolve the matter.

In March 2014 the Philippines filed a lawsuit rejecting China’s nine-dash line that covers more than 80% of the East Sea’s area, into the International Tribunal for the Law of the Sea ( ITLOS ).

The Permanent Court of Arbitration (PCA) in The Hague announced on June 3 that China once again did not recognise the suit and would not attend any related trial.

Professor Carlyle Thayer did not rule out the possibility that China would use its veto power to prevent the UNSC adopting any resolution that condemns its actions in the East Sea.

However, the UNSC debate would at least capture public attention, pressing China to withdraw its oil rig from Vietnam’s territorial waters.

In an interview granted to VOV online, Dr Tran Cong Truc, former head of theGovernment Committee on Border Affairs , said he was not surprised by China’s recent actions, including its dispatch of a second oil rig, Hainan IX , to the EastSea.

There is no doubt that one of China’s objectives in the East Sea is gaining the control of natural resources in the area, including Clathrate hydrates that can replace oil and gas in the future, he said.

Truc said it is high time Vietnam brought China to an international arbitration court, suing it for misinterpreting the 1982 UNCLOS to make a ‘nine-dash line’ claim, and for using force to occupy the Paracel archipelago.

* Source: www.vietnambreakingnews.com/2014/06/carlyle-thayer-suggests-haiyang-shiyou-981-case-to-unsc/