By Tony Le
9 May 2009
Despite the fact that the Vietnamese government made many people nervous when it kept quiet as the 13 May 2009 deadline for submitting its report on the Extended Continental Shelf was approaching near, at last the submission was made on 6 May 2009, one week before the deadline. Vietnam made a joint submission with Malaysia for extended continental margins for the southern part as well as a separate submission for the northern part of the country the following day. While Le Dung, the foreign ministry spokesperson expressed that this was merely a report carried out by a member country in accordance with UNCLOS, the fact that Vietnam submitted the claims was extremely important for those concerned with the country’s sovereignty over the islands and water territories in the South China Sea. The submission itself drew instant protest from China.
Only one day after Vietnam made the submission, China sent a note the the U.N. General Secretary, Ban Ki-Moon, requesting that the Commission not consider this submission because it “seriously infringed China’s sovereignty, sovereign rights and China’s jurisdiction in the South China Sea.” China attached to its note a map with the 9 sets of dotted lines forming the shape of the letter U, that covers approximately 80% of the South China Sea, saying that “China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof.”
The note, along with China’s recent actions, leave no more doubt as to what China’s intentions are in regards to the islands in the South China Sea and the U-shaped line that circumscribes this body of water. In the past, many Chinese have argued that the line only represents the fact that China claimed sovereignty over the islands that fall within that line, but does not say anything about territorial water claims. However, one can clearly infer from the note that China intends to exercise control over the islands as well as the water territory marked on the map.
In reality, China’s note to the U.N. may prevent Vietnam’s submission from being considered because according to the rules and regulations of the Commission, "in cases where a land or maritime dispute exists, the commission shall not consider and qualify a submission made by any of the states concerned in the dispute."
China’s note to the U.N., however, highlights the fact that China’s opposition is not based on any present international law and standard. There is nothing in the note that tells us that the submission from Vietnam and Malaysia violates UNCLOS nor that China’s claims are in accordance with UNCLOS. In fact, the U-shaped line illustrated on the map is completely contrary to the stipulations presented by UNCLOS.
Sending a note to the U.N. to prevent the organization from considering the submissions from Malaysia and Vietnam, unfortunately, is more than just an act of meddling in the business of this important organization. Recent events paint a picture of China as increasingly aggressive and open in its attempt to seize control of the South China Sea. By establishing the special agency under the Foreign Ministry to tackle land and maritime border disputes, taking aggressive actions such as threatening and forcing international oil companies to cease their contracts with Vietnam, harrassing American vessels in the South China Sea, sending vessels to patrol the areas around the Paracel and Spratly Islands, and ever expanding its naval capability with nuclear submarines and bases, China is hardly keeping its ambitions a secret.
In the face of such blatant aggression, Southeast Asian countries, which are most directly affected by China’s violations, need a more comprehensive and unified plan to deal with China and to protect their territorial sovereignty. What is clear is that with this latest development, everyone (Chinese included) can see China’s actions and intentions for what they are—a regional and world hegemon in the making.
On the other hand, if China likes for the world to think that it can be like a “peace dove” taking flight, then it can take seriously the practices upheld by international law and treaties. In its Olympic displays, China revealed to the world how it truly wanted to have a place of importance among the nations. It is true that in the new world order, China has become extremely important to many countries, including Vietnam; however, China also needs to know that to be a great country is to be one that is admired and envied, not to be simply despised and put up with. On the international playground, China increasingly sees that it has partners but no friends, relationships but no love. And as a people, Chinese must ask themselves: Is it worth it to be strong but so terribly alone?
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stop using BS like "peace dove" when one's sovereign is being threatened. Heck, vietnam even buying subs to fight China.
of course, China is a bigger piece to UN than both vietnam and malaysia. You can't fool people because you two teamed up and try to sneak up the report just by being together.
China has contributed alot to the world by offering fund to UN to fight global crisis while Vietnam and Malaysia are receipient of those fund and yet ungratefully try to sneak up for their own agendas now. shame on you two, selfish fools, offering nothing else to the world.