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Background Briefing: Vietnam Protests Chinese Fishery Deployments to the South China Sea Carlyle A. Thayer November 29, 2009
[client name deleted] Vietnam reaffirms its indisputable sovereignty over Hoang Sa and Truong Sa archipelagos. On 27 November 2009, answering correspondent’s question about China’s sending two Yuzheng vessels to Hoang Sa archipelagos and a medical ship to Truong Sa archipelagos of Vietnam, Ministry of Foreign Affairs Spokesperson Nguyen Phuong Nga said: “Vietnam reaffirms its indisputable sovereignty over Hoang Sa and Truong Sa archipelagos. China’s sending ships to Hoang Sa and Truong Sa is a serious violation of Vietnam’s sovereignty over these archipelagos. Upon receiving the information, on 27 November 2009, Ministry of Foreign Affairs of Vietnam met the Chinese Embassy in Vietnam to protest and request the Chinese side to stop these activities, refrain from conducting activities that further complicate the situation in the Eastern Sea, contribute to maintaining peace, stability and cooperation in the region.” QUESTION: What is your comment on this? Does that mean China reacts against Vietnam organized international workshop just held in Hanoi? What is China’s message by sending vessels to Hoang Sa and Truong Sa? ANSWER: As long as China and Vietnam maintain conflicting claims to maritime sovereignty, each side must routinely demonstrate that they are exercising sovereignty. When one country acts, the other side must routinely protest otherwise silence may be taken as acquiescence. China’s dispatch of fishery vessels and a medical ship is a routine operation and is not related to the recent international workshop on the South China Sea. The reaction by Vietnam’s official spokesperson is also routine. Both Vietnam and China must make set piece protests against the actions of the other side. Failure to do so could be taken that one side accepts the actions of the other side. But is also an example of what appears to be a slight change in policy by Hanoi to give more prominence to South China Sea issues.
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Background Briefing:
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South China Sea: Hanoi Workshop and U.S.-China Military Talks Carlyle A. Thayer December 3, 2009 [client name deleted] I am preparing a report about South China Sea issues, and two important meetings. The first meeting has just concluded in Vietnam. The second meeting involves the planned resumption this month of the Military Maritime Consultative Agreement (MMCA) discussions between the US and China. Questions: 1) How would you describe the recent session in Vietnam? What were China's goals and were they achieved, for example? What comes next? ANSWER: The recent international workshop on the South China Sea was co‐ sponsored by the Diplomatic Academy of Vietnam and the Vietnam Lawyers’ Association. It was billed as a track two exercise, that is, it was not official and government representatives who attended were there in their private capacities. There were no national delegations. Chinese representatives who attended came from various universities and think tanks. There was no one China position. The meeting on the South China Sea was termed a workshop (hoi thao) and not a conference (hoi nghi) to water down any impression that a set of conclusions by way of a resolution or statement would be issued. In essence, the workshop was merely an exchange of views by experts. The Hanoi workshop succeeded in raising the profile of regional concerns about development in the South China Sea that participants characterized as deteriorating or had the potential to deteriorate. It also re‐energised a long‐standing network of South China Sea experts who have met in Indonesia for over a decade. A consensus emerged that a long‐standing proposal for joint development should be revived for consideration by claimant states. Chinese scholars made clear that an official map of the South China Sea containing nine dotted lines represented the maximum extent of historical claims to the area. Chinese specialists noted that this left open areas for discussion. For example, one Chinese proposed that if nations which made claims for extended continental shelves withdrew such claims, there would be several areas within the dotted line might be amenable to joint development. Another Chinese revealed that the nine dotted line map was currently under discussion.
2 In 1947 the Nationalist Chinese government put forward claims to the South China Sea in a map containing eleven dotted lines. This map was adopted by the Chinese Communists when their took power. Later Premier Chou En‐lai deleted two lines in the Gulf of Tonkin. Unofficial maps containing the nine dotted lines have in circulation for a number of year. Regional officials have been unable to get China to indicate how the lines would be connected and what exactly it is that China is claiming. In 2009 a UN Commission set 13th May as the deadline for submission of claims for extended continental shelves. Vietnam and Malaysia submitted a joint claim to areas in the south, while Vietnam lodged a separate claims for an extended continental shelf in the north. China lodged a protest and tabled a map with nine dotted lines to indicate the area it said were Chinese territory. This appears to have been the first time the Chinese government has tabled this map. China is deliberately pursuing a policy of calculated ambiguity in this matter. It is putting off any settlement of conflicting maritime sovereignty claims until the moment suits Beijing. In the meantime, China seeks to divide regional states and strike bilateral deals. China has recently told the ten member Association of South East Asian Nations (ASEAN) that they should get their act together first before approaching China for discussions on the South China Sea. Some ASEAN states point out that getting consensus among the ASEAN ten states would be difficult and that a unified bloc would only create friction in dealing with China. They prefer to see all eleven states work towards consensus. The Vietnamese hosts for the international workshop hope to organize at informal network of scholars to stay in touch on South China Sea developments and to convene a second workshop in Hanoi in around July 2010. 2) Will the results of the Vietnam meeting impact the Military Maritime Consultative Agreement session in any meaningful way? What are China's objectives in this round of the MMCA dialogue? ANSWER: The Hanoi workshop will have no impact on the Military Maritime Consultative Agreement (MMCA) discussions between the United States and China. In fact, the US Embassy in Hanoi took the decision not to send diplomatic observers to the workshop, thus distancing the United States from sovereignty and territorial disputes in the South China Sea. China and the United States established the Military Maritime Consultative Agreement (MMCA) in 1998 to deal with incidents between their two armed forces. Two working groups were formed, one on aviation safety and the other on maritime safety. US attempts to use the MMCA mechanism in 2001 to deal with the EP‐3 incident failed when China refused to participate. MMCA talks have been suspended until now. The July US‐China Strategic and Economic Dialogue held in July in Washington revived the MMCA mechanism. Subsequently China and the United States have stepped up military to military relations. In October General Xu Caihou, vice
3 chairman of China’s Central Military Commission visited Washington for talks with Defense Secretary Robert Gates. They agreed on seven areas of cooperation: Promoting high‐level visits; enhancing cooperation in the area of humanitarian assistance and disaster relief; deepening military medical cooperation; expanding exchanges between armies of the two nations; enhancing the program of mid‐ grade and junior officer exchanges; promoting cultural and sports exchanges between the two militaries; invigorating the existing diplomatic and consultative mechanisms to improve maritime operational safety. Military to military relations featured in the U.S.‐China Joint Statement issued after President Barack Obama’s November visit to Beijing. It was noted that the Chief of Staff of China’s People’s Liberation Army will Visit Washington, and Secretary Gates and Admiral Michael Mullen, chairman of the Joint Chiefs of Staff, will visit Beijing. The next session of the MMCA may dampen maritime confrontation such as the incident involving the USNS Impeccable. But negotiated Incident at Sea Agreement is likely to take a year or more before it is signed. As General Xu made clear during his visit there are four obstacles to military relations with the United States . According to a summary by Xinhua: The first and foremost obstacle is the U.S.‐Taiwan military relationship… The Taiwan issue is related to the core interests of China and is a core issue that prevents the development of the U.S.‐China military relationship. If the U.S. side can’t handle this issue very well, a healthy and stable China‐US. Military relationship will not be possible. Second, U.S.‐military aircraft and ships’ intrusions into China’s maritime exclusive economic zone should be terminated. China hopes the U.S. military can observe UN Convention on the Law of the Sea and Chinese maritime legislation, and stop such acts which would threaten China’s security and interests. Third, there is some U.S. legislation which restricts the development of the China‐U.S. military relationship. Most notably is the 2000 Defense Authorization Act passed in 1999. Another obstacle is the United States lacking strategic trust in China. China’s main objective to get the United States to scale down if not cease its surveillance activities off China’s coast and the naval base on Hainan island particularly.