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

Settlement of disputes under the 1982 UNCLOS: The case of the South China Sea dispute PDF Print E-mail
Written by Le Duc   
Saturday, 14 June 2008 06:51
Settlement of disputes under the 1982 United Nations Convention on the Law of the Sea:
The case of the South China Sea dispute


by  Nguyen Manh Dong
UN-Nippon Foundation
Fellowship on the Law of the Sea
New York, December 2005

I. Introduction

Disputes are an inevitable part of international relations1 and it is hardly deniable that, among international disputes, territorial and territorial-related disputes are the most complicated ones. Undoubtedly, these disputes have been the primary source of the growing tension in relations among States which is likely to lead to armed conflicts or eventful wars2 when they are not settled amicably and peacefully. The sanctity of the territorial issue to the peoples in question - nationalism and the associated passions - have made these disputes extremely difficult to resolve. Furthermore, these disputes have been further complicated by historical, cultural, political, military and economic phenomena. Nevertheless, States are required, under international law, to resolve their international disputes by peaceful means and in conformity with the principles of justice and international law so that international peace, security, and justice will not be breached.3


Last Updated on Saturday, 14 June 2008 06:52
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Southeast Asian Perceptions of China's Future Security Role in Its 'Backyard' PDF Print E-mail
Written by Le Duc   
Monday, 09 June 2008 04:57

By Derek da Cunha

in Jonathan D. Pollack and Richard H. Yang (eds.), In China’s Shadow, RAND, CF-137-CAPP, 1998, pp. 115–126.

 

INTRODUCTION

 

When a group of small states are geographically astride a much larger entity, the inescapable consequence is that the latter exerts an inordinate influence over the former. Thus has been the long-held experience of the states of Southeast Asia in relation to China. As the renowned Sinologist C.P. Fitzgerald has written, "Chinese influence, Chinese culture and Chinese power have always moved southward since the first age of which we have reliable historical evidence." 1 Defined in terms of political geography, China is a Northeast Asian state. However, because of its huge size, China also has a leg in Southeast Asia, a geographical region which senior leaders in Beijing have always tended to view as China’s backyard.

 

The remarkable economic growth which China has experienced since the late 1970s and Beijing’s increasingly global orientation are expected to spawn a new Chinese activism in Southeast Asia, of which the past few years provide some initial manifestations. To be sure, Chinese economic activism has always been welcomed by the states of Southeast Asia. It is Chinese military activism, however, which is less welcomed by those states, afflicted as they are with a nagging uncertainty over the longterm potential for such activism and the effect it might have on regional peace and stability.

Last Updated on Monday, 09 June 2008 05:04
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Maritime security and Vietnamese perspective PDF Print E-mail
Written by Le Duc   
Friday, 06 June 2008 16:21

By Nguyen Hong Thao
Paper Presentation in the SCA joint-project workshop on Ocean Security in Asia, Dawhoo – Hanoi, Vietnam, Mai 2005

 

Dear…

Distinguished guests,

Ladies and Gentlemen,

It is my honor to be here today at the interesting workshop jointly organized and supported by the Science Council of the Asia (SCA), the Science Council of Japan and Ministry of Science Technology and Environment (MOSTE) to discuss the important subject on Maritime Security in East Asia Seas.

 
For the reason of limited time and knowledge, our presentation will be restrained only on the Maritime security in the Bien Dong Sea and Vietnamese case.
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UNCLOS and Sovereignty Claims in the South China Sea PDF Print E-mail
Written by Le Duc   
Friday, 06 June 2008 02:22
by Joshua P. Rowan
Asian Survey, Vol. XLV, No. 3, May/June 2005

Excerpt from the article "The U.S.- Japan Security Alliance, ASEAN, and the South China Sea Dispute". To download complete article please click on this link

United Nations Convention on the Law of the Sea

Before looking at the various claimant states’ claims, it is helpful to examine what laws, if any, govern the South China Sea. In 1982, the U.N. adopted the United Nations Convention on the Law of the Sea (UNCLOS) in an effort to peacefully settle disputes over maritime matters. Despite several oversights, UNCLOS remains the most recognizable document regarding maritime disputes. Within UNCLOS, three sections are generally recognized as being most relevant to the South China Sea dispute. Article 3 states:  “Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from the baselines determined in accordance with this Convention.”[13]
Last Updated on Friday, 06 June 2008 06:40
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China: Its geostrategy and energy needs PDF Print E-mail
Written by Le Duc   
Tuesday, 03 June 2008 01:09
By Constantine C. Menges
Senior Fellow, Hudson Institute
30 October 2003


Testimony presented to: The US-China Economic and Security Review Commission

China’s geostrategy

Beginning in 1950, the communist government of China said that its goal in international politics is to promote peaceful relations with other states.  Therefore, its international conduct would always be governed by the “five principles of peaceful coexistence” which China defined to include: mutual nonaggression and mutual noninterference.[1] .

Yet, during the 1950s China committed many acts of aggression including: sending nearly a million troops to battle the United Nations forces in support of North Korea; threatening invasion and attacking island territories controlled by Taiwan; and, supporting armed communist insurgent movements seeking to overthrow regional governments.  Nevertheless, as the   historian Hsu put it, “Peking succeeded to a large extent in preventing [most Asian] states from aligning with the West”[2] , even India despite China’s surprise attack in 1962 and continuing occupation of part of its territory.  

In the post-Mao years, with China’s economic opening to the industrial democracies and other countries, there have been major changes in the methods of Chinese action in the world.  While China continues to say that it seeks to promote peace and the principles of peaceful coexistence, it has now added the major purpose of promoting its own economic development. Also during the 1990s China increasingly repeated, as officially stated in its October 2000 Report on National Defense, that it seeks “a new international political, economic, and security order, responsive to the needs of our times”[3] .  

While the content and structure of this “new international order” has not been made clear, obstacles to its realization that China often mentions are the alleged intention of the United States to dominate the world by what China calls “unipolarism” or “hegemonism”.  Also, impeding the Chinese “new world order” are the alliances maintained by the United States in Asia, Europe and the world, all of which China condemns as contrary to peace and relics of “the cold war mentality”.  China also opposes the plans of the United States for national missile defense and for Asian missile defense involving Japan, South Korea, and potentially other countries. 

To read complete article please click on this link
Last Updated on Tuesday, 03 June 2008 01:12
 
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