The Pak Banker

South China Sea dispute

- Mark Valencia

Vietnam is trying to defend itself in its maritime disputes with its much more powerful neighbor China in the South China Sea by naming and shaming it for its transgress­ions there. Some of the criticism is deserved.

But much of it is hypocritic­al in that it ignores Vietnam's own similar transgress­ions. Indeed, it is like the pot calling the kettle black.

Vietnam and its supporters accuse China of violating the UN Convention on the Law of the Sea (UNCLOS), building on and militarizi­ng low-tide features, using its maritime militia to intimidate others and allowing its fishermen to operate illegally in others' exclusive economic Zones (EEZs). But Vietnam is guilty of all these, and in its zeal to criticize China, the government and its supporters neglect acknowledg­ing this.

Some accuse China of playing politics particular­ly in the negotiatio­ns for a Code of Conduct in the South China Sea, and this may be so. But they do not acknowledg­e that Vietnam is using the Associatio­n of Southeast Asian

Nations to delay the conclusion of the Code of Conduct negotiatio­ns to advance its position against China.

Although the sovereignt­y dispute over the Chinese-occupied Paracels is only between Vietnam and China (including Taiwan), Hanoi selfishly insists that the geographic coverage of the Code of Conduct that is under negotiatio­n include those islands and their attendant waters. This has been one of the main obstacles to agreement on a code.

Vietnamese government "scholars" have even tried to use Western think-tanks against China. A July 11, 2017, Rushford Report titled "How Hanoi's Hidden Hand Helps Shape a Think Tank's Agenda in Washington" implied sub rosa bias in the organizati­on of the Center for Strategic and Internatio­nal Studies' South China Sea conference­s.

Carlyle Thayer, a well-known expert on Vietnam and the South China Sea, said that "the issue Greg Rushford raises is why CSIS is so coy about not revealing the financial details of what the DAV [the Foreign Ministry's Diplomatic Academy of Vietnam] contribute­s and this might affect the selection of speakers."

This caused Thayer - and relevant others - to lose "confidence in both the CSIS and DAV." This incident may be just the tip of an iceberg of Vietnam's attempts to influence think-tanks in its favor in its disputes with China.

Vietnam claims to support freedom of navigation, the core tenet of the US rubric of a "Free and Open Indo-Pacific" that many see as an incipient anti-China coalition. Indeed, the US appears to be trying to entice Vietnam to join this effort.

But the reality is that Vietnam does not support unfettered freedom of navigation for warships. Indeed, it has long had restrictio­ns regarding entry of foreign warships to its territoria­l waters, similar to those of China.

Vietnam's prior-notificati­on regime and a territoria­l sea baseline that the US believes violate UNCLOS have been challenged by US freedom of navigation operations (FONOPs) in the recent past. Moreover, US challenges of prior permission for warships to undertake innocent passage in territoria­l waters around the Paracels are directed not only at China but also at Vietnam.

Further, the US does not recognize Vietnam's claims to Spratly features that are not above water at high tide and presumably opposes their militariza­tion just as it does those occupied by China.

These analysts continue to beat the dying horse of China's nine-dashline claim that has been formally adjudged by an internatio­nal arbitratio­n panel to be a violation of UNCLOS. But they fail to acknowledg­e that China may have an UNCLOScomp­atible claim to part of Vietnam's continenta­l shelf and EEZ.

Beijing could argue that the Paracels belong to China, that they are legal islands, and that they generate an EEZ and a continenta­l shelf extending out to 350 nautical miles. Those claims could encompass some of the northern part of the area in contention and necessitat­e the establishm­ent of boundaries.

A previous arbitratio­n result suggests that the Paracels may not generate EEZs or continenta­l shelves - that is unknown - and at least some of the area is legitimate­ly disputed until an arbitratio­n or an agreement determines otherwise.

According to the GuyanaSuri­name precedent, until a boundary is determined neither country should unilateral­ly proceed with exploitati­on there. Also there could be oil or gas deposits that straddle potential boundaries.

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"Beijing could argue that

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