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Under customary international law Chinese patrol boats may transit through
Vietnam’s EEZ. They are expected to observe safety procedures when sailing past
other vessels at sea. In this incident Vietnam’s exploration vessel was using
exploration gear towed 30 metres below sea level. Vietnam claims that this ensured
that vessels could pass over in safety. Vietnam further claims that Chinese actions
were premeditated in that the Chinese patrol vessels carried special equipment to
cut these cables.
In 2002 China and all ten members of ASEAN signed the Declaration on Conduct of
Parties in the South China Sea. While this document has no legal basis, its spirit and
norms enjoin China from acting in an aggressive and violent manner. Chinese actions
in cutting the cables of the Vietnamese state exploration vessel violate this spirit.
Chinese recent assurances to Philippine officials that territorial disputes will be
settled peacefully have lost come of the credibility with this latest incident involving
Vietnam.