Sunday, July 6, 2014

China vs. Vietnam - Lawfare


….The long run prospect is all big powers such as the US, Japan, Australia, India, would not stand by when facing China's not so “ peaceful ” rising in the Western Pacific because of their national interest in freedom of navigation and trade through the South China Sea. Already in July 2010, US Secretary of State Hillary Clinton declared that the US considers Vietnam not only an important country but an integral part of the strategy of increased American commitment in the Asian-Pacific area, especially in South China Sea. Japan Emperor hosted President of Vietnam in the latter's visit in 2014 to talk with Prime Minister Abe on military assistance to Vietnam.
​The Philippine President Aquino and US Secretary Kerry also explicitly encouraged Vietnam to bring the issue to the international tribunals. Indeed, Vietnam should sue early rather than late, when the issues are still hot and in controversy and Vietnam has the counts of grievances against China to present to the tribunal : invading Vietnam's EEZ and Continental shelf, obstructing freedom of navigation on the ocean, using force to destroy Vietnamese vessels and wound Vietnamese, depriving livelihood of Vietnamese fishermen, violating their basic human rights, and refusing to comply with the obligation imposed in UNCLOS to negotiate seriously. If Vietnam waits until China moves away the rig and the military and other vessels, the suit against the ghost of the rig would be without valid purpose and become moot and Vietnam will miss a chance to assert strongly its national interest in the maritime zone of the country in a law suit that hopefully would bring China back to the international rule of law.
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