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Research Material
A list of material researched by experts on this matter.

JMSU Agreements between the Philippines, China, and Vietnam PDF Print E-mail

I. Agreement for Joint Marine Seismic Undertaking in Certain Areas in the South China Sea between China National Offshore Oil Corporation and the PNOC, signed in 2004. 

http://vietwill.org/images/agreement-bilateral%20marine%20seismic%20undertaking.pdf

 

II. Tripartite Agreement for Joint Marine Seismic Undertaking in the Agreement Area in the South China Sea (JMSU), between RP, PRC, and Viet Nam, signed in 2005

http://vietwill.org/images/tripartite%20agreement-marine%20scientific%20research.pdf 

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La Souverainete sur les Archipels Paracels et Spratleys. PDF Print E-mail

By Monique Chemillier-Gendreau.

 

Paris: Editions L'Harmattan, 1996. Pp. 306. Price: $42.00 (Paperback).

 

Reviewed by Steve Carlson.

 

(The Yale Journal Of International Law, Winter 1997, Vol. 22: 239-241.)

 

Located in the South China Sea, beyond the territorial limits of the surrounding nations, the Paracel and Spratley Islands for centuries were avoided as a locus of shipwrecks and the violent tropical storms that caused them. Never inhabited, they were visited over the ages by fishermen. These two archipelagos are now covered for their promise of mineral and biological wealth. Ever since the downfall of Imperial Japan, whose retreat from the South China Sea highlighted the strategic position of the Islands, neighboring nations have asserted their sovereignty over them, in order to assume control over fishing rights and potential petroleum reserves. Among the nations contending for sovereignty over the archipelagos, Vietnam maintains the most direct historical claim to the Islands. Its assertions are most strongly countered by those of China, which has militarily occupied the Islands since 1956. Taiwan, Malaysia, and the Philippines have also claimed sovereignty. La Souverainete sur les Archipels Paracels et Spratleys, describes the legal means for assessing the dispute, and the historical background necessary for its resolution.

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The Historic Bac Hai Company’s Activities PDF Print E-mail

By Nguyen Nha, Ph.D. (translated by Le Duc)

 

The first indisputable activities of the Vietnamese navy marks a significant time in the process of establishing and implementing sovereignty of Vietnam over the archipelago.

 

The Bac Hai Company carried out its activities in the southern part of the sea, which was the Spratly archipelago and surrounding areas, under the management of the Hoang Sa Company.

 
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East Asia and the Constrainment of China PDF Print E-mail

By Gerald Segal

Below is an excerpt of the full article published in International Security, Vol. 20, no. 4 (Spring 1996) 

 

The South China Sea Case

China has never hidden its claim to complete sovereignty in the South China Sea. Ever since China emerged from the distractions of the Cultural Revolution, it has sought carefully to extend its control of these disputed waters.(18) China has insisted on its unshakable legal claim to the region, although it has frustratingly never explained the legal basis of its policy nor defined the precise limits of its claim. China signed but has not yet ratified the 1982 United Nations Convention on the Law of the Sea. Beijing has given no indication that it would accept international arbitration of its claim to sovereignty over every bit of territory in the region. China has been reluctant to take the issue to the International Court of Justice (ICJ) in part because, like all the other claimants (Taiwan, Vietnam, Malaysia, Philippines, Brunei), its claim to sovereignty is weak.(19) China has applied the continental shelf principle in defining its maritime claims in the Yellow and East China Sea, but claims the South China Sea on the basis of "historic use and administration."(20) However, China has clearly not had continuous and effective control, administration, and governance of the territory, as the latter principle calls for. And even if some sovereignty claims would be upheld by the court, the tiny outcrops in the sea do not appear to be legally qualified to justify exclusive economic zones of 200 nautical miles or even more extensive continental shelves. Only 26 features in the Spratly group are above water at high tide and the largest has a land area of less than half a square kilometer. None has ever sustained a permanent population. Continental shelf claims from states surrounding the Spratlys are likely to be seen as much stronger by the ICJ.

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Conflict Control and Crisis Management between China and Southeast Asia: PDF Print E-mail

an Analysis of the Workshops on Managing Potential Conflicts in the South China Sea

 

By Liselotte Odgaard, PhD Candidate, Department of Political Science, Aarhus University

 

 

 

1. Introduction

 

In every element of conflict there is always an opportunity for co-operation.

Hasjim Djalal, originator of the Workshops on Managing Potential Conflicts in the South China Sea (Djalal, 1997:276).

 

In the above quote, Djalal points out that where there is conflict, co-operation always presents itself as an option. Potential flash points are also windows of opportunity for the establishment of benign inter-state relations. The Workshops on Managing Potential Conflicts in the South China Sea were established to translate such an opportunity into reality in the region of Southeast Asia.1

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