Weekly News 6/5 - 12/5

-(VNExpress 5/5) Vietnam rejects China's fishing ban in SCS: The foreign ministry has condemned China for violating Vietnam's sovereignty by imposing a unilateral fishing ban in the South China Sea.

-(Strait Times 4/5) Philippine court orders government to protect SCS: This was prompted by a petition filed by environmental activists and fishermen alleging the Philippine government has failed to act against Chinese incursions and destructive activities in three areas in SCS.

Strategic thinking: Theory, Practice and the case of Vietnam

With a strategic outlook, Vietnam can reach even greater successes and even breakthroughs within the next generation.

China's 2017 fishing ban a threat to maritime rule-based order

China's 2017 fishing moratorium constitutes a severe violation of UNCLOS, which accords all the countries sovereign rights and jurisdiction over their Exclusive Economic Zones. 

Massive Island-Building and International Law

China’s massive island building is both a provocative alteration of the security situation in the South China Sea and blow for the marine environment, but it cannot be justified either as “entirely within China’s sovereignty” or as consistent with maritime law.

Sun Tzu and Chinese Strategy

In order to disintegrate Chinese moral influence we must reveal their leaders true activities such as New York Times did in October 2012 when reporting that Wen Jiabao's relatives had tremendous financial assets in the U.S.

Can a limited purpose maritime and air defence identification zone be established over the South China Sea?, by Mary George

To stimulate South China Sea regional security cooperation in the control of piratical attacks against ships, this paper proposes the establishment of a limited purpose maritime and air defence identification zone over the South China Sea.

Recent Developments in the Philippine Baselines Law, by Raul C. Pangalangan

The Philippines recently passed a 2009 Baselines Law that, it was hoped, would finally confront its long-standing dilemma on whether to abandon its 1898 “treaty lines” altogether and adopt the modern rules on the Law of the Sea. That hope did not come to pass.

CLCS submissions and claims in the South China Sea, by Robert C. Beckman & Tara Davenport

We will first briefly outline the claims to islands in the South China Sea prior to 2009. We will then examine the official documents submitted to the CLCS relating to the South China Sea claims and the significance of these developments, especially how they have resulted in several of the claimants bringing their claims into conformity with their rights and obligations under UNCLOS

When the elephants dance….China, the United States and the South China Sea, by Geoffrey Till

This paper will focus on the symbolic aspect of this island dispute for China and for the United States, a country that is not a claimant but which appears nevertheless to be getting ever more involved in the conduct of the dispute and in discussions about its final possible resolution

Towards an international legal duty of ocean cooperation? by Ian Townsend-Gault

This paper explores the rules of international law, as well as relevant state practice, pertaining to maritime cooperation.  Its scope therefore includes formal and informal arrangements whereby states have decided to blur, or establish some alternative to, the usual rules pertaining to exclusive jurisdiction at sea.

Can the Disputes Over Maritime Delimination and Sovereignty to Islands in the South China Sea Be Solved? by Prof. Stein Tønnesson

This paper argues that a better choice is to make active use of the Law of the Sea as a basis for delimiting territorial waters, Exclusive Economic Zones and continental shelves, and that this could be possible even without resolving the question of sovereignty to the Spratly Islands.

New actors and thoughts in Chinese foreign policy and its implications to Vietnam in South China Sea, by Nguyen Minh Ngoc

The purpose of this paper by Nguyen Minh Ngoc is to analyze the actors and new thoughts in Chinese foreign policy and implications of China’s policies for South China Sea. The author would like to offer readers with the policy-making process of new foreign policy of China, which helps Vietnamese more aware of the situation and find appropriate solutions.

Legal bases and reality approaches of legal documents on South China Sea disputes by Nguyen Duc Hung

In the process of seeking measures to the disputes in the South China Sea, UNCLOS 1982 and the related international legal documents are the creditable legal basis despite their drawbacks. Therefore, the reality approaches are crucial. First, the following article analyzes the pros and cons of taking UNCLOS as the legal basis.