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1. The Defense Ministers Meeting Plus (ADMM+8) in Hanoi reaffirmed its
commitment toward promoting peace and security in the South East Asia. Do you
think this is the beginning of international security cooperation for the region,
leading to specific strategies for regional security and relationship?
ANSWER: The ADMM + 8 process has the potential to contribute to peace and
security. First, it is a gathering of eight defence ministers. Up to now foreign
ministers have led regional security dialogue through the ASEAN Regional Forum.
Second, the ADMM + 8 is to set up five Expert Working Groups of defence officials to
work on key areas: humanitarian assistance and disaster relief, maritime security,
counter‐terrorism, peacekeeping and military medicine. Australia and Malaysia have
volunteered to co‐chair the Maritime Security Expert Working Group. China and
Vietnam have put up their hands to co‐chair the Expert Working Group on
Humanitarian Assistance and Disaster Relief. The Philippines and New Zealand have
offered to co‐chair the Expert Working Group on Peacekeeping. These groups will
meet this December and report to the ADMM + 8 Senior Officials Meeting. Since the
ADMM + 8 defence ministers are not scheduled to meet until another three years, in
2013 in Brunei, we will have to wait and see what concrete and practical measures
are adopted. The emergence of the ADMM + 8 precedes the expansion of the
sixteen member East Asia Summit to include the United States and Russia next year.
This meeting of heads of government and state has the same membership as the
ADMM + 8 and can approve and direct their activities.
2. In the most recent ASEAN Summit, Secretary of State Hillary Clinton said the
United States will defend the countries in the region from China's threat. What is
your opinion on this statement?
ANSWER: Secretary Clinton made a more limited reference to the US responsibility
to take sides with Japan over the Senkaku islands disputes. She also opposed the
threat or use of force to resolve territorial disputes. My reading is that she kept up
the political pressure on China by offering to facilitate a process of peaceful
resolution of maritime disputes. But the US would not play the role of facilitator. The
US opposes the basis of China’s territorial claims and argues the claims should be
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grounded in international law. Sovereignty over maritime areas is based on land, not
an ambit claim based on historical discovery which is the basis for China’s claim.
3. Do you think the role of the United States and its alliances would have great
impact on dispute over the sovereignty of the East Sea, also known as the South
China Sea?
ANSWER: The US has only two treaty allies in Southeast Asia. Thailand and the
Philippines. Thailand was one of four countries at the ARF meeting in July that did
not mention the South China Sea dispute. Thailand was joined by Myanmar,
Cambodia and Laos. Thailand was vocal prior to the 2nd US‐ASEAN Leaders Meeting
in September not to mention the South China Sea in the final joint declaration. The
US and the Philippines have a mutual security treaty dating to 1950. When the
Philippines annexed islands in the South China Sea in 1956, the US made clear that it
was not obligated to defence the Philippines in this area as it was not included in the
mutual security treaty. The current government of the Philippines is willing to give
the US support but only up to a point. The foreign minister has made pointed
remarks that the South China Sea is an issue for ASEAN and China to resolve. In sum,
no US alliances will not tilt the balance on matters related to the South China Sea.
4. What would you say of Beijing's declaration that the enhancement of China's
defense is not to pose threat to any country, but only to ensure security and stability
and promoting regional peace?
ANSWER: This is a reasonable assumption if you accept that the resolution of the
Taiwan question is an internal matter. China has specified conditions under which it
will use force, such as if Taiwan declares independence. This is also a reasonable
assumption if you accept that China can pass domestic legislation affecting the
interpretation of the UN Convention on Law of the Sea. Finally, it is a reasonable
assumption if you accept that China has legitimate grounds to fear an attack by the
United States. Because China is not transparent about why it is spending so much
money on transforming its military, this has given rise to what is known as a security
dilemma. This means that unilateral steps by one nation to secure their defense
causes neighboring countries to develop their military in order to counter what they
perceive as offensive capabilities acquired the other state (China). China has used
force in the Korean War, the Sino‐Indian border war, the 1979 land border war with
Vietnam and China has used forces to acquire the Paracel Islands and features
(rocks) in the South China Sea. Given China’s track record and lack of transparency I
would not take its protestation of a peaceful and defensive rise without a grain of
salt.
5. Vietnam and Philippines both claim sovereignty over the Spratly Islands but both
governments has agreed to promote the implementation of the Declaration on the
Conduct of Parties in the East Sea, towards a code of conduct in the future in these
waters. Should this set a good example for other countries in the region that are in
the similar circumstance?
ANSWER: In the early 1992 Vietnam and the Philippines actually reached a code of
conduct to govern their bilateral relations in the South China Sea. In November 1999
they co‐drafted a code of conduct for the South China Sea that was rejected by
China. It took another two years just to negotiate the non‐binding Declaration on
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Conduct of Parties in the South China Sea (DOC). China has not implemented even
one confidence building measure. It insists that the maritime disputes should be
settled bilaterally even when it signed the DOC with ten ASEAN members. Vietnam
and Malaysia have negotiated an agreement on joint development in a maritime
area where their claims overlap. Setting a good example is not enough when dealing
with China. China feels its growing power and has begun to act like a great power. In
1997 China promoted a new security concept and condemned unnamed countries
for threatening force and gunboat diplomacy. These words seem ironic as a result of
recent Chinese behavior.
6. China currently claims sovereignty over 80% of the East Sea and this upset many
Southeast Asia countries including Vietnam. In your opinion, what would be feasible
solutions for dispute over the South China Sea's sovereignty? Could one of them is
the correction of this sea according to geographic fact, changing the name "South
China Sea" to "Southeast Asia Sea", which has been honored and used by many
people in the region?
ANSWER: A very positive move would be for China to act under international law and
base its claims accordingly and not on some vague map with nine unconnected dash
lines. China erroneously declares every rock to be an island. In international law an
island is entitled to a 200 nautical mile Exclusive Economic Zone, a rock only a 500
meter safety zone. International law defines an island as naturally formed land
surrounded by water that can sustain human habitation and has an economic
function.
Renaming the South China Sea the Southeast Asia Sea is a clever political move
directed at China but it is erroneous in historical fact. Chinese seafarers and mariners
traversed the South China Sea in the pre‐colonial area as they traded with Southeast
Asian countries. Renaming the sea cannot erase this history. Besides, using the
English language designation allows commentators to take a neutral stance. China is
part of the problem and cannot be excluded from contributing to a settlement.