A code of conduct is needed to restrain China

For more than a month now, the media as well as international experts and politicians have expressed ongoing concern about escalating tensions caused by China in the East Sea.

After illegally positioning the oil rig Haiyang Shiyou-981 inside Vietnam’s exclusive economic zone and continental shelf, China continued giving contrary reasons without international legal basis, to file sovereignty claims over the Paracel islands from Vietnam.

In a speech on US foreign policy in Washington DC on June 11, National Security Advisor Susan Rice called for a code of conduct to curb Chinese maritime operations.

According to Rice, regional security must be guaranteed based on defining and maintaining rules of space sharing. Only such acts can ease tensions and prevent large countries "bullying" smaller ones, creating a chance to resolve the conflict peacefully.

A Chinese ship firing water cannons at Vietnamese ships (Photo: AP)

The same day, Japan and Australia released a joint statement emphasizing the importance of complying with international law and agreed to oppose any attempt to change the status quo by force.

Speaking at a joint press conference after the meeting, Australian Foreign Minister Julie Bishop strongly condemned acts of East Sea-related provocation and intimidation.

Since China stationed its giant oil rig in Vietnam’s exclusive economic zone and continental shelf in early May, the international community has repeatedly voiced support for Vietnam's policy of seeking peaceful means, in accordance with the UN Charter and international law, to resolve the tension and suggested China respect international law, stop and refrain from acts complicating the situation.

However, China continues launching provocation acts in Vietnam’s waters, damaging vessels and threatening human life. Recently, it even submitted to the UN documents falsely accusing Vietnam, after Vietnam sent a diplomatic note to the UN Secretary General protesting China’s infringement of its sovereignty.

Concerning this issue, the South China Morning Post of Hong Kong (China) on June 11 quoted an analysis from Filipino Supreme Court Justice, Antonio Carpio as saying that China had kept insisting it has historical evidence to prove claims over “Nine-dash line”, but the ancient maps of China countered to the irrational claims.

Along with aggressive acts in Vietnam's waters, more and more signs and proof show that around the oil rig Haiyang Shiyou-981, China is carrying out its intention to encroach sea and build artificial islands in the Truong Sa (Spratly) region.

News agency Bloomberg quoted Philippine officials accusing China of ongoing construction of a runway on Reef islands of the Spratly archipelagos.

The newspaper commented that sand, cement, wood and concrete are the latest tools in China’s arsenal to serve ambition to change the status quo in the East Sea.

Meanwhile international experts warned that illegal airport building in the Spratly islands by China is to realise its intention to reinforce military power on the ground, "creating a fait accompli" to justify its presence in the areas it uses force to occupy.

Lowy Institute International Security Program Director, Rory Medcalf expressed concern that if China achieves its intention to change the status quo in the Spratly islands, China can use this measure as a model for encroachment to other disputed areas.

On June 11, US News Agency AP ran an interview given to the international media by Ambassador Le Hoai Trung, head of Vietnam’s permanent representative mission to the United Nations.

AP quoted Ambassador Le Hoai Trung as saying that China’s refusal to hold peace talks with Vietnam is a provocative act causing "grave concern".

"Vietnam is still continuing its restraint but the country, as well as other countries in the world still reserve the legitimate right to self-defence.” Trung said.

RSIS Commentaries website of the S. Rajaratnam School of International Studies (RSIS) at Nanyang Technological University, Singapore, also posted the full text article "The Paracels: Forty years on" written by Dr. Nguyen Thi Lan Anh Vice Dean of the Diplomatic Academy of Vietnam’s International Law Department.

According to RSIS Commentaries, China's illegal placement of the oil rig Haiyang Shiyou- 98 in Vietnam’s exclusive economic zone and continental shelf not only caused sovereignty conflicts but more seriously, it has triggered a confrontation with international law.

The article affirmed that China has clearly violated the terms of the 2002 Declaration on the Conduct of Parties in the East Sea (DOC).

Dr. Lan Anh concluded that China’s violation of international law is not the behavior of a responsible power in the international arena.