Legal Committee - World Model United Nations

Legal Committee
World Model UN 2012
Update Paper

T o p i c A Upd AT e
China and Vietnam Sign Deal on South China
Sea Dispute
After months of tension in 2011, China and Vietnam
signed an agreement on the issue of the South China Sea
in October. The deal put forward several measures, including
the establishment of a hot-line to deal with emergencies and
a provision for leaders from both sides to meet twice a year.
It also mentioned that any final agreement on the border dispute
should be based on international laws and be acceptable
to both sides, and that there should be more co-operation
such as scientific research in the area.
India and Vietnam Reach Agreement on Joint
Oil Exploration in South China Sea
In October 2011, in company with a serious of pacts relating
to the trade, security and strategic ties between the two countries,
India and Vietnam came to an agreement that promoted
joint oil exploration in the South China Sea. The deal was
signed between Indian and Vietnamese state-owned oil companies,
and included new investment and exploration of oil
and gas in the area as well as supply of oil and gas to the two
countries. Chinese authorities raised objections to the joint
project and claimed that it was in Chinese maritime jurisdiction,
which was in turn rejected by both India and Vietnam.
Japan and Vietnam Agree on Defense
Cooperation
Also in October 2011, representatives from Japan and Vietnam
signed a memorandum on defense cooperation and
exchange relating to the issues in the South China Sea. To
counter China’s increasing influence in the area, Vietnam
sought to strengthen its relationship with Japan, and Japan
was nominally in support of resolving the issues in a peaceful
way. According to the memorandum, officials of vice defense
minister-level from both countries would arrange regular dialogues,
and the Japanese Self-Defense Forces and the Vietnamese
military would also visit each other’s country.
United States and Philippines Conduct Joint
Military Drills Near the Disputed Spratly Islands
Starting in late October 2011, the US and Philippines began
two weeks of their annual joint military drills in the Philippines,
including a hostile beach assault exercise near the
Spratly islands that had always been in territorial dispute.
The maneuvers were said to be not aimed at China or any
other imaginary target country. “We’re assisting the Chinese
in ensuring that their region is peaceful,” said the US Ma-
rine 1st Lieutenant Nick Eisenbeiser. As a possible site for
the joint drills, one of the Filipino-occupied islands was also
said to be originally listed on the proposal but was delisted to
avoid causing more hostilities.
Philippines and Vietnam Cooperate
In October 2011, presidents of the Philippines and Vietnam
signed agreements to enhance maritime cooperation in
the South China Sea. The pacts included information sharing
between the navies of both countries, the creation of a
hot-line between their coast guards, the protection of marine
resources in the area, and so on. Both parties supported
peaceful resolution of the issues within the framework of international
law. Vietnam was also invited by the Philippines
to invest in about 15 oil and gas blocks in areas that laid outside
the disputed areas in the South China Sea.
Increased Involvement of USA
The ASEAN Regional Forum in the summer of 2011 at Bali
saw the creation of an agreement between ASEAN and China
to resolve the South China Sea disputes peacefully. However,
the ASEAN-China agreement fails to address the drivers
of potential conflict in the South China Sea. As ASEAN
member countries realize that they have little ability to stand
up to China; some member states have looked towards the
USA as a potential ally over the issue of the South China Sea
disputes.
The USA has taken a firmer position in addressing the South
China Sea disputes and it has allied herself with the South
East Asian countries such as Philippines, Vietnam, and Singapore
amongst others. America’s increased involvement in
the South China Sea disputes may be necessary to protect international
maritime traffic and not rely on China to “grant”
such rights to maritime travel in the South China Sea. This
tough response to China may be necessary since it is highly
unlikely that China will agree to any written code of conduct
about the waters in the near future. 1
Balance of Powers
USA’s military exercises in the South China Sea with Philippines
and Vietnam have shown increased interest in the
South China Sea by the USA. While the USA has no direct
concerns in the South China Sea dispute, it has an interest in
maintaining the balance of powers between China and the
other nations. Countries involved in the South China Sea
dispute want to resolve the issue peacefully and they look towards
USA for guidance on this issue.
USA’s involvement in the South China Sea is to prevent Chi-
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na from flexing its maritime muscles to claim the territories
around the South China Sea. However, if China has a drastic
reaction, the US will stop its provocation. The US will not
allow the provocations of small countries to result in a war. 2
Increased USA Military Presence in the Asia
Pacific Region
USA has signed an agreement with Australia which will allow
thousands of USA naval forces to train alongside the
Australian military. While the agreement does not include
any permanent US bases in the region, it does offer the USA
an easier access to the South China Sea as compared to the
US bases in Japan or South Korea. 3
Chinese Response to the USA
China has warned that the South China Sea dispute should
be resolved by sovereign countries in the region and not
rely on foreign countries. China establishes the interest of
a peaceful and friendly resolution of the conflict and warns
against external forces using the South China Sea dispute as
an excuse to enter and exert influence in the region. 4
Declaration of Conduct in Beijing
Both Beijing and Washington have established meetings and
conferences towards addressing the disputes in the South
China Sea. Both events sought to reinforce the viewpoints
of both nations. China seeks to resolve the issue only with
the key nations in the region and does not welcome USA’s
entrance. USA sees the value of maintaining a presence in
Asia Pacific and seeks to be involved in the discussion pertaining
to the South China Sea disputes. It is submitted that
both countries are unwilling for the disputes to escalate into
military actions. This will allow discussions to proceed with a
diplomatic framework in mind amongst the parties. 5
US - Singapore Strategic Partners Dialogue
USA officials have met with Singapore officials to discuss “an
already robust array of initiatives” to address the disputes in
South China Sea. This follows after a recent call by Secretary
of State Hillary Clinton for the U.S. to “pivot” its strength to
Asia.
She elaborates, the United States has helped “to protect unfettered
access to and passage through the South China Sea,
and to uphold the key international rules for defining territorial
claims in the South China Sea’s waters. Given that
half the world’s merchant tonnage flows through this body of
water, this was a consequential undertaking.” 6
Similarly, the commander of U.S. forces in the Pacific and
Asia, Admiral Robert Willard, has noted: “The sea lines of
communication that crisscross the South China Sea carry
$5.3 trillion in bilateral annual trade, of which $1.2 trillion
is U.S. trade.” 7
Willard, who has sought to get his staff and subordinates to
think more strategically, said the U.S. has had a “continual
presence” there and seeks a dialogue with the Chinese so
“they will constructively contribute to the security of this vital
region.” 8
Center for a New American Security: Cooperation
from Strength
The South China Sea functions as the throat of the Western
Pacific and Indian Oceans – a mass of connective economic
tissue where global sea routes coalesce, accounting for $1.2
trillion in U.S. trade annually. It is the demographic hub of
the 21st-century global economy, where 1.5 billion Chinese,
nearly 600 million Southeast Asians and 1.3 billion inhabitants
of the Indian subcontinent move vital resources and exchange
goods across the region and around the globe. It is an
area where more than a half-dozen countries have overlapping
territorial claims over a seabed with proven oil reserves
of seven billion barrels as well as an estimated 900 trillion
cubic feet of natural gas. 9
Because the United States needs to maintain cooperation
with China, America’s individual strategic partnerships in
Southeast Asia are likely to be the essential building blocks
of a latent regional alliance that would only coalesce in the
event of a clear and present danger,” it suggests. “Strategic
partnerships based on strong common interests (in effect,
tacit alliances) can be stronger than formal alliances and are
less likely to provoke a hostile Chinese response (as opposed
to harsh rhetoric) that would polarize the region. This last
point is especially valid if the region continues to build understanding
and practical cooperation with China.
W o r k s ciTed
http://www.bbc.co.uk/news/world-asia-pacific-15273007
http://www.indianexpress.com/news/india-vietnam-joinhands-for-oil-exploration-in-south-china-sea/858958/
http://ajw.asahi.com/article/behind_news/politics/
AJ2011102515718
http://www.guardian.co.uk/world/feedarticle/9898523
http://www.siiaonline.org/?q=programmes/insights/updatesouth-china-sea-developments
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E n d n ot E s
1 http://www.cfr.org/china/growing-us-role-southchina-sea/p26145
2 http://www.globaltimes.cn/NEWS/tabid/99/
ID/681576/US-has-no-stomach-for-South-China-Sea-military-clash.aspx
3 http://www.dailymail.co.uk/news/article-2061914/
South-China-Sea-dispute-Obama-increase-US-militarypresence-Asia-Pacific-region.html
4 http://www.bbc.co.uk/news/world-asia-15790287
5 http://globalresearch.ca/index.
php?context=va&aid=28746
6 http://www.civilbeat.com/
articles/2012/01/20/14645-the-rising-east-walsh-looks-tomackinder-for-naval-strategy/
7 Ibid.
8 Ibid.
9 http://the-diplomat.com/the-editor/2012/01/21/us-in-the-south-china-sea/
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