The Spratly Islands Territorial Dispute Between China and

Vietnam

Short History of Relations

• Histories of Vietnam and China have long been intertwined• Chinese conquests of the Vietnamese kingdom have occurred often

and resulted in some integration of Chinese culture• Following US-Vietnam War, relations deteriorated and led to a

military conflict in 1979• Normalization processes began in mid-1980s and were fully

normalized by the end of 1991• Since then, relationship has been characterized by two trends:

positive and negative • However, in recent years, there have been improved cooperation

between two nations in settling territorial disputes

Geography• Consists of 100 islands with a total land area of about

two kilometers• Lay dead center across major sea-lanes in South China

Sea• Significant resources that include rich fishing grounds

and oil & gas resources• Largely unexplored until recently• Due to location and potential for energy and food

resources, 45 islands are occupied by small numbers of military forces from five countries

Claims to Islands

• China, Taiwan, and Vietnam’s claims: historical

• Philippines: first country to establish itself on islands

• Malaysia and Brunei: based on Law of the Sea

History of Fighting

• Islands remained mostly unoccupied until 1980s• China began to establish physical presence in

1987• Clashes between China and Vietnam in the

Spratlys would continue until 1994• November 1994: both countries agreed to

enlisted a joint committee to resolve dispute• Minor attacks still continue as China and

Vietnam seek to control the region

Bilateral Means to Solution

• China’s preferred method of resolution

• PRC and Vietnam border dispute– Led to Sino-Vietnamese War in 1979– Low-Level conflict continued until normal relations

resumed in the 1990s– Land Border Treaty (1999)

• Paracel Islands Dispute– Vietnamese attempt to control islands led to complete

Chinese takeover of the islands

Law of Sea

• Stop nations from undermining “freedom of the seas” concept

• Adopted by Vietnam in 1994 and by China in 1996

• 200-nautical mile exclusive economic zone (EEZ) created overlapping claims

• In the event of disputes over maritime possessions, three means may be used: the International Tribunal for the Law of the Sea, International Court of Justice, or Arbitration

International Tribunal for the Law of the Sea

• Made up of 21 independent members

• Since inception in 1996, it has seen thirteen cases

• Lack of financial support in 2000

• Has support from leaders around the world

• Hard to say whether it will be effective since it is relatively new

International Court of Justice

• Has seen territorial disputes before and will see a Southeast Asian territorial dispute in 2006

• Ability to use compulsory jurisdiction has pushed nations to withdraw from the Court

• Impartiality of judges has been questioned

• Only decides a few cases a year and is considered inefficient

Permanent Court of Arbitration

• Oldest in the field of international dispute settlement

• International Court of Justice has overshadowed it and reduced to a few cases a year

• Since early 1990s it has reinvented itself and now offers flexible rules of procedures

• Has succeeded in settling other Asian disputes

ASEAN

• Established on August 8, 1967

• ASEAN Regional Forum (ARF) created in 1994

• Declaration on the South China Sea (1995)

• Code of Conduct (1996)

• Declaration on the Conduct of Parties in the South China Sea (2002)

Conclusion

• Potentially valuable to any Southeast Asian country that claims them

• China: striving for good relations and stability in the region; wishes to avoid economic upheaval

• Vietnam: has weak military and seeks to create good relations with its neighbors

• Trends indicate territorial disputes in the South China Sea are slowly getting resolved

• Seems likely that any resolution will have to be achieved through either the Permanent Court of Arbitration or the International Tribunal

• However if no action is taken by either nation then situation will linger at its current state