Reporter Doan Luong from the Da Nang Newspaper recently interviewed some foreign scholars to gather their opinions about the current territorial dispute in the East Sea.  The scholars were all participants in the “Hoang Sa (Paracel) and Truong Sa (Spratly) Archipelagos: The Historical Truth” international seminar, which was organised at the Grand Mercure Danang Hotel from 20 to 21 June.  Most of the interviewees agreed that the use of legal action against China is the most civilised and sensible way forward for Viet Nam.  The main reason is that such peaceful solutions are expected in international law, and especially in the 1982 UN Convention on the Law of the Sea (UNCLOS). 

The Deputy Director of the Da Nang Socio-Economic Development Research Institute, Mr Tran Duc Anh Son, (left) introduces an old map at a recent exhibition on the Hoang Sa and Truong Sa archipelagos

Professor Jerome Cohen

With regard to the escalating tensions in the East Sea, Professor Jerome Cohen from the New York University School of Law noted that Viet Nam could sue China at the International Court of Justice.  He added that Viet Nam and China could resolve the current dispute through bi-lateral negotiations, or negotiate with each other through third-party institutions.  Professor Cohen also recommended that Asian countries should establish an impartial regional tribunal as a neutral forum for deciding island territorial disputes.  In addition, he affirmed that the countries concerned could continue to maintain their mutual cooperation after resolving disputes through legal action, instead of by using force or political pressure.

Answering a question about the USA’s stance on the East Sea issue, Professor Cohen said that, as an American citizen, he hoped that the US government would show a more positive attitude.  He added that it is essential for US President Barack Obama to make the USA sign the UNCLOS agreement during his tenure.  Finally, he affirmed that he will always respect peaceful solutions to territorial disputes in the East Sea. 

Professor Erik Franckx

Professor Erik Franckx from the Université Libre de Bruxelles, Belgium, said that, like in the Philippines case, Viet Nam could take China to court for a clear definition of its “nine-dash line” claim.  A lawsuit against China’s illegal moves at an international court would create the opportunity for Viet Nam to show the world its stance, as well as reaffirm that the Hoang Sa and Truong Sa are integral parts of its territory.  Then, international opinion is more likely to give support to Viet Nam’s righteous struggle for its legitimate sovereignty over the islands.

General Daniel Schaeffer

Meanwhile, General Daniel Schaeffer, the former French Military Attaché to China, Thailand and Viet Nam, said that China’s illegal placement of more oil drilling rigs in the East Sea is part of its long-term ambition to advance its invalid claim.  For this reason, he emphasised the need for the ASEAN member countries to raise international alarm about China's nonsensical claims.  Action is first needed to denounce the claim before solving any disputes of sovereignty.  He also warned that China was mounting a worldwide communication campaign to back its invalid claim.

Professor Renato De Castro

Professor Renato De Castro, from the International Studies Department at De La Salle University in the Philippines, remarked that international opinion plays an important role in requiring China to respect international laws.  In March, the Philippines filed a lawsuit at the International Tribunal for the Law of the Sea rejecting China’s claim, but China did not recognise the suit and refused to attend any related trial.  However, at least the international community will have gained a better understanding of China’s illegal actions.

French researcher Andre Menras, who made the “Hoang Sa: The Painful Loss” documentary, highlighted the significance of the international seminar.  In his view, the event will create the opportunity for the participating scholars to conduct joint research into the East Sea issues, as well as promote international solidarity to effectively support Viet Nam. 

Researcher Andre Menras

In addition, the researcher stressed the need for Viet Nam to use diplomatic means in the struggle against China’s illegal actions, in combination with encouraging the national solidarity of its people.  He said that Viet Nam’s successful resistance wars against France and the USA have proved the crucial role of these strategies.   He added that international opinion has been aware of China’s gradual expansion into the East Sea.  The Philippines, Japan, India and other neighbouring countries have all been affected by China’s aggressive expansionist policy.  Currently, China is seriously violating international laws by conducting perverse actions in the East Sea.  However, the Chinese will eventually have to respect international laws, otherwise they will have to bear the economic consequences.