Here
Transcription
Here
0 Diplomatic Academy of Vietnam Foundation for East Sea Studies Vietnam Lawyers’ Association THE 7th SOUTH CHINA SEA INTERNATIONAL CONFERENCE: COOPERATION FOR REGIONAL SECURITY AND DEVELOPMENT November 23-24, 2015, Vung Tau City, Viet Nam CONTENTS CONFERENCE BACKGROUND ....................................................................................................... 2 PROGRAMME ..................................................................................................................................... 3 MEETING GUIDELINES.................................................................................................................... 9 LIST OF PARTICIPANTS ............................................................................................................... 11 BIOGRAPHY OF ROLE PLAYERS ................................................................................................ 27 EXECUTIVE SUMMARIES OF PAPERS....................................................................................... 53 INDEX I: INFORMATION ABOUT VIETNAM............................................................................ 67 INDEX II: ORGANISING INSTITUTIONS ................................................................................... 72 DIPLOMATIC ACADEMY OF VIETNAM ..........................................................................................................72 FOUNDATION FOR EAST SEA STUDIES ........................................................................................................76 THE VIETNAM LAWYERS’ ASSOCIATION .....................................................................................................79 1 CONFERENCE BACKGROUND The Diplomatic Academy of Vietnam (DAV), The Foundation for East Sea Studies (FESS) and the Vietnam Lawyers’ Association (VLA) are pleased to host the 7th South China Sea International Conference: “Cooperation for Regional Security and Development” on November 23-24, 2015 in Vung Tau city, Viet Nam. This 7th Gathering aims to provide participants a special opportunity to assess the current situation in the South China Sea from an interdisciplinary perspective and to discuss measures to maintain peace and stability and promote cooperation in the region. This 7th Conference will address the following topics: TOPIC 1 Developments in the World and Its Implications for the South China Sea TOPIC 2 Developments in and around the South China Sea TOPIC 3 Major Powers Interactions in the South China Sea TOPIC 4 International Law TOPIC 5 The Way Forward TOPIC 6 Simulation: Settlement, Delimitation and Joint Developments in the South China Sea For the first time in our series, the Young Leaders Program has been established in this 7th conference, providing exceptional opportunities for young researchers and PhD candidates to network and contribute their fresh ideas on how to foster cooperation in the South China Sea. Young Leaders Group is secured a place in the 6th session to present their joint initiative to enhance cooperation in the South China Sea. 2 PROGRAMME Venue: The Imperial Hotel, 159 Thuy Van Street, Vung Tau City , Vietnam Sunday – November 22, 2015 All Day 6:30-9:00 PM Arrival of International Participants Welcome dinner (For International Participants), hosted by Mr. Nguyen Van Quyen, President of the Vietnamese Lawyers Association Location: The Imperial Hotel DAY 1 Monday - November 23, 2015 8:00-8:30 AM Registration 8:30-9:15 AM OPENING SESSION Moderator: Mr. Nguyen Van Quyen, President of the Vietnamese Lawyers Association (VLA) Opening Remarks by Amb. Dr. Dang Dinh Quy, President of the Diplomatic Academy of Vietnam Keynote Address by Mr. Nguyen Hong Linh, Secretary of the Provincial Party Committee of Ba Ria - Vung Tau Province 9.15-10.30 AM SESSION 1: Developments in the World and Its Implications for the South China Sea Moderator: Amb. Dr. Dang Dinh Quy, President of the Diplomatic Academy of Vietnam Prof. Brahma Chellaney, Professor of Strategic Studies, Center for Policy Research, New Delhi, India Developments in the World and Its Implications for the SCS: Balance of Powers Captain (ROK Navy Ret.) Sukjoon Yoon, Senior Research Fellow, Korea Institute for Maritime Strategy, Seoul, Korea The European Concept of Balance of Power in the South China Sea: What is the Role of the Middle Powers? 3 Dr. Shen Dingli, Professor and Associate Dean at the Institute of International Studies, Fudan University, China A Chinese Perspective on Cooperation in South China Sea Prof. Liselotte Odgaard, Royal Danish Defence College, Denmark International Hotspots: China’s Strategy of Deterrence and Legitimacy in the South and East China Sea Disputes Dr. Nguyen Nam Duong, Deputy Director General, Institute for Foreign Policy and Strategic Studies , DAV, Vietnam The Evolving Maritime Security Architecture in the Asia-Pacific and its Implications for Conflict Management in the South China Sea 10.30-10.35 AM Photo Session 10.35-11.00 AM Coffee Break 11.00-12.00 AM SESSION 1(cont.) Q&A and Discussion 12.00-1.00 PM Luncheon 1.00-3.00 PM SESSION 2: Developments in and around the South China Sea Moderator: Prof. David Arase, Professor of International Politics, Hopkins-Nanjing Center, Nanjing, China Ms. Rukmani Gupta, Senior Asia-Pacific Analyst for IHS Jane’s Defence Weekly Status-quo on the Sea: Examining Reclamation and Building Activities Dr. Mathieu Duchatel, Deputy Director of the Asia and China Program of the European Council on Foreign Relations The South China Sea and China’s Nuclear Deterrence Strategy Prof. Herman Joseph S. Kraft, Associate Dean for Administration and External Affairs, College of Social Sciences and Philosophy, Philippines Overall Developments in the South China Sea Dr. Le Quy Quynh, Director General, Maritime Affairs Department, National Boundary Commission, Vietnam Ministry of Foreign Affairs Overview of Maritime Delimitation and Joint Development in The South China Sea 4 3.00-3.30 PM Coffee Break 3.30-5.30 PM SESSION 3: Major Powers Interactions in the South China Sea Moderator: Prof. Brahma Chellaney, Professor of Strategic Studies, Center for Policy Research, New Delhi, India Prof. Nguyen Manh Hung, Visiting Senior Fellow, ISEAS - Yusof Ishak Institute, Singapore Disputes in the South China Sea, Major Powers’s Interactions, Small States’ Predicament Dr. Xue Li, Director of Department of International Strategy, Institute of World Economics and Politics, Chinese Academy of Social Sciences South China Sea Dispute and Game between Main Powers Dr. Patrick M. Cronin, Senior Advisor and Senior Director, Asia-Pacific Security Program, Center for a New American Security, USA Stability and Rule of Law in the South China Sea: A U.S. Perspective Dr. Ken Jimbo, Associate Professor, the Faculty of Policy Management, Keio University, Japan Major Powers Interaction in the South China Sea: Japanese Perspective Mr. Anton Tsvetov, Media and Government Relations Manager, Russian International Affairs Council, Russia Russia and the South China Sea: Strategic Context and Opportunities for Constructive Engagement DAY 2 Tuesday - November 24, 2015 SESSION 4: International Law 8:00-9:45 AM Moderator: Prof. Robert G. Volterra, Partner of Volterra Fietta (Law Firm), UK Prof. Alex Oude Elferink, Director of Netherlands Institute for the Law of the Sea, Utrecht University, The Netherlands The Role of International Law in the South China Sea Disputes Dr. Nong Hong, Director, Research Center for Oceans Law & Policy, National Institute for South China Sea Studies; Executive Director, Institute for ChinaAmerica Studies, China Historic Concepts Vs. Other Maritime Regimes in the South China Sea 5 Mr. Bill Hayton, Associate Fellow, Chatham House (the Royal Institute for International Affairs), London, UK Unreliable evidence and the South China Sea Problem Dr. Vu Thanh Ca, Assoc. Prof., Director, Research Institute for the Management of Seas and Islands, Vietnam Administration of Seas and Islands Requirement for an Ocean Governance Framewok for The Protection of Environment and Biological Resource in the South China Sea for Sustainable Development 9:45-10:15 AM Coffee Break 10:15-12:00 AM SESSION 5: International Law (cont.) Moderator: Prof. Alex Oude Elferink, Director of Netherlands Institute for the Law of the Sea (NILOS) Prof. Robert G. Volterra, Partner of Volterra Fietta (Law Firm), UK The State obligation to exercise self-restraint, no threat and no use of force in undelimited maritime areas under Articles 74(3) and 83(3) of UNCLOS Prof. Jonathan Odom, Daniel K. Inouye Asia-Pacific Center for Security Studies, Honolulu, U.S. A “Rules-Based Approach” to Enhance Maritime Safety in the SCS Mr. Abd Rahim Hussin, Former Undersecretary, National Security Council, Prime Minister’s Department, Malaysia; Adjunct Associate Professor, University New South Wales (UNSW) International Law: Rights and Obligations on Search and Rescue Prof. Michael Sheng-ti Gau, Institute of Law of the Sea, National Taiwan Ocean University, Taiwan The Prospects for the Sino-Philippine Arbitration on the South China Sea (U-Shaped Line) Dispute 12.00-1.00 PM Luncheon 1.00-2.45 PM SESSION 6: The Way Forward Moderator: H.E. Le Cong Phung, Vice Chairman, The Foundation for East Sea Studies (FESS) Prof. Jay Batongbacal, Director, U.P. Institute for Maritime Affairs & Law of the Sea, University of the Philippines 6 Preparing for Post-Arbitration Scenarios Prof. Carl Thayer, The University of New South Wales, the Australian Defence Force Academy, Canberra, Australia The Code of Conduct in the South China Sea and Beyond Amb. Mr. Salman Al Farisi, Senior Advisor for Institutional Relations, Ministry of Foreign Affairs of the Republic of Indonesia South China Sea within Indo-Pacific Region Ms. Yanmei Xie, Senior China Analyst, International Crisis Group Joint Development in the South China Sea: Lessons from the Past and Future Prospect 2.45-3.15 PM Coffee Break 3.15-3.45 PM New Initiatives for South China Sea, Representative from SCS Young Leaders Group Moderator: Prof. Leszek Buszynski, Professor, Australian Defence Force Academy, University of New South Wales 3.45-5.15 PM SESSION 7: Simulation: Settlement, Delimitation and Joint Developments in the South China Sea Moderator: Prof. Leszek Buszynski, Professor, Australian Defence Force Academy, University of New South Wales (Each panelist presents their respective country’s position regarding the Proposal and then proceed with negotiation) Prof. Robert Beckman, Director of Center of International Law, National University of Singapore The South China Sea: Prospects for Cooperation to Manage the Disputes Prof. Su Hao, Director, Center for Strategic and Peace Studies, China Foreign Affairs University; President, Beijing Geopolitical Strategy and Development Association China Prof. Jay Batongbacal, Director, U.P. Institute for Maritime Affairs & Law of the Sea, University of the Philippines Philippines 7 Mr. Shahriman Lockman, Senior Analyst, the Foreign Policy and Security Studies Programme, Institute of Strategic and International Studies, Malaysia Malaysia Dr. Tran Truong Thuy, Senior Research Fellow, Bien Dong Institute, Diplomatic Academy of Vietnam (DAV) Vietnam 5.15-5.30 PM 6.30-9.00 PM Closing Remarks Farewell Dinner, hosted by H.E. Le Cong Phung, Vice Chairman, FESS (Please be at the hotel’s lobby at 6.30 pm) 8 MEETING GUIDELINES Venue: The Imperial Hotel, 159 Thuy Van Street, Vung Tau City , Vietnam 9 Conference Contact Person Ms. Ho Hong Hanh [email protected] - Mobile: +84.936.199.921 - Email: Registration and identification badges A registration counter will be set up for registration at the time of the workshop. Badges will be issued upon completion of registration by participants and verification by the Conference staffs at the registration counter. Time and venue for registration November 23rd, 2015: 08.00 – 08.30 (The Imperial Hotel ) Dress code Formal business attire is required for the Opening Session. For other sessions, business casual is appropriate. Internet Wireless Internet is available at the Conference Hall. Electricity The electric current is 220 Volt AC throughout the country. The electric plugs and sockets are designed for two round pin plugs. It is recommended that participants bring their own adaptors to comply with the electric current and plugs. Rules of Proceedings Each speaker has 12 minutes to present his/her paper. Other participants have 3 minutes each to make comments, raise questions during Q&A sections. Other decisions will be made by the moderator. 10 LIST OF PARTICIPANTS INTERNATIONAL PARTICIPANTS - in alphabetical order of last names - 1 Prof. David Arase Professor of International Politics, Johns Hopkins SAIS-Hopkins Nanjing Center, Nanjing University, China 2 Prof. Leszek Buszynski Professor, Australian Defence Force Academy, University of New South Wales, Australia 3 Prof. Robert Beckman Director, the Centre for International Law, National University of Singapore, Singapore 4 Dr. Jay Batongbacal Director, U.P. Institute for Maritime Affairs & Law of the Sea, University of the Philippines, Philippines 5 Ms. Rabea Brauer Resident Representative to Vietnam, Konrad-Adenauer-Foundation, Germany 6 Dr. Patrick M. Cronin Senior Advisor and Senior Director, the Asia-Pacific Security Program, Center for a New American Security (CNAS), USA 7 Prof. Brahma Chellaney Professor of Strategic Studies, Center for Policy Research, New Delhi, India 8 Mr. Romana Chito President, Philippine Association Chinese Studies (PACS), Philippines 9 Ms. Edwyna Chua Research Analyst, Ministry of Defence, Singapore 10 Ms. Lee Hsiang Chi Researcher, Institute of Chinese Communist Studies, Chinese Taipei 11 Ms. Shih Yi Chun Researcher, Institute of Chinese Communist Studies, Chinese Taipei 11 for 12 Mr. Bor Show Chen Director General on Home Assignment, Ministry of Foreign Affairs, Chinese Taipei 13 Mr. David S.t.Chen Section Chief, Department of Treaty and Legal Affairs, Ministry of Foreign Affairs, Chinese Taipei 14 Prof. Shen Dingli Professor and Associate Dean, Fudan University’s Institute of International Studies, China 15 Dr. Mathieu Duchatel Deputy Director, Asia and China program, European Council on Foreign Relations, France 16 Dr. Michael DiGregorio Vietnam Country Representative, The Asia Foundation 17 Prof. Alex Oude Elferink Director, Netherlands Institute for the law of the sea (NILOS), Utrecht University, the Netherlands 18 Amb. Salman Al Farisi Senior Advisor for Institutional Relations, Ministry of Foreign Affairs of the Republic of Indonesia 19 Ms. Rukmani Gupta Senior Analyst for Asia-Pacific on IHS Jane’s Military Capabilities Desk 20 Prof. Michael Sheng-ti Gau Professor of International Law, Institute for the Law of the Sea, National Taiwan Ocean University 21 Mr. Haidi Nur Hashfi Third Secretary/Policy Analyst, Asia Pacific Region Centre of Policy Analysis and Development for Asia-Pacific and African Region, Ministry of Foreign Affairs of the Republic of Indonesia 22 Prof. Nguyen Manh Hung Visiting Senior Fellow, ISEAS - Yusof Ishak Institute, Singapore 23 LT Blake Herzinger Liaison officer, US Navy, USA 12 24 Prof. Su Hao Professor/ Director, Center for Strategic and Peace Studies, China Foreign Affairs University, China 25 Dr. Nong Hong Director, Research Center for Oceans Law & Policy, National Institute for South China Sea Studies; Executive Director, Institute for China-America Studies (ICAS), China 26 Mr. Bill Hayton Associate Fellow of Chatham House, UK 27 Mr. Abd Rahim Hussin Adjunct Associate Professor, University New South Wales; Former Undersecretary, National Security Council, Prime Minister’s Department, Malaysia 28 Mr. Isaac Hsieh Section Chief, Ministry of Foreign Affairs, Chinese Taipei 29 Mr. Robert Harris Assistant Legal Adviser for East Asia and Pacific Affairs, United States Department of State, USA 30 Dr. Ken Jimbo Associate Professor, the Faculty of Policy Management, Keio University, Japan 31 Dr. C. J. Jenner First Sea Lord Fellow and Senior Research Fellow, Cambridge University, UK 32 Prof. Herman Joseph S. Kraft Associate Dean for Administration and External Affairs, College of Social Sciences and Philosophy, Philippines 33 Prof. Hirohide Kurihara Research Institute for Languages and Cultures of Asia and Africa (ILCAA), Tokyo University of Foreign Studies, Japan 34 Mr. Shahriman Lockman Senior Analyst, the Foreign Policy and Security Studies Programme, Institute of Strategic and International Studies, Malaysia 13 35 Ms. Le Thu Hien Program Manager, The Asia Foundation, USA 36 Dr. Xue Li Associate Professor, Director of Department of International Strategy, Institute of World Economics and Politics, Chinese Academy of Social Sciences (CASS), China 37 Mr. Yu-cheng Lai Officer, Department of Treaty and Legal Affairs, Ministry of Foreign Affairs, Chinese Taipei 38 Ms. Amanda Lim Research Analyst, Ministry of Defence, Singapore 39 Mr. Elijah Lau Research Specialist, Ministry of Defence, Singapore 40 Mr. Faizul Ismail Mohamed Assistant Director, Prime Department, Malaysia 41 Mr. Cameron Mitchell Head of Geopolitical Risk, Asia Pacific, HSBC, Hong Kong, China 42 Mr. Lyle J. Morris Project Associate, RAND Corporation, USA 43 Prof. Liselotte Odgaard Associate Professor, Institute for Strategy, Royal Danish Defence College, Denmark 44 Prof. Jonathan Odom Commander, JAG Corps, U.S. Navy; Military Professor, Daniel K. Inouye AsiaPacific Center for Security Studies, USA 45 Dr. Hao Duy Phan Senior Research Fellow, Centre for International Law, National University of Singapore, Singapore 46 Mr. Nom Piseth Deputy Director-General of General Department of ASEAN, Ministry of Foreign Affairs and International Cooperation of Kingdom of Cambodia 47 Assoc. Prof. Christopher Roberts Director of Executive Education, UNSW at the Australian Defence Force Academy, Australia Minister’s 14 48 Mr. Raiz Razally Assistant Director, Prime Department, Malaysia 49 Prof. Kuo Hsiang Sun Associate Professor, Department of International Affairs and Business, Nanhua University, Chinese Taipei 50 Mr. Mohamad Hery Director for the Centre of Policy Analysis and Development for Asia and Pacific Region, Ministry of Foreign Affairs of the Republic of Indonesia Saripudin Minister’s 51 Mr. Heng Sarith Bureau Chief of General Department of ASEAN, Ministry of Foreign Affairs and International Cooperation of Kingdom of Cambodia 52 Mr. Em Sovannara Director of Political and Security Relations Department, International Relations Institute of Cambodia (IRIC), Cambodia 53 Mr. Paul Sinclair Regional Security Fellow, Centre for Strategic Studies, Victoria University of Wellington, New Zealand 54 Prof. Carl Thayer Emeritus Professor, the University of New South Wales, the Australian Defence Force Academy, Australia 55 Mr. Anton Tsvetov Media and Government Relations Manager, Russian International Affairs Council, Russia 56 Dr. Hsu Sheng Tai Acting Director, Institute of Chinese Communist Studies, Chinese Taipei 57 Ms. Clelia Lucy Uhart First Secretary Head of Foreign and Security policy team, British Embassy Beijing, China 58 Prof. Robert G. Volterra Partner of Volterra Fietta (The Public International Law Firm), UK 59 Mr. Somphay Vongmahachack Director, Institute of Foreign Affairs, the Ministry of Foreign Affairs of Lao PDR 15 60 Amb. Yong Chanthalangsy Director General, Institute of Foreign Affairs, the Ministry of Foreign Affairs of Lao PDR 61 Mr. Chang Han Wen Head of Research, Institute of Chinese Communist Studies, Chinese Taipei 62 Ms. Yanmei Xie Senior Analyst, International Crisis Group 63 Captain (Ret.) Sukjoon Yoon Senior Research Fellow, Korea Institute for Maritime Strategy, Seoul, Korea 64 Ms. Ying Yang Associate Research Fellow, Law School, Sun Yat-Sen University, China 65 Prof. Kuan-Hsiung Wang Professor at National Taiwan Normal University, Chinese Taipei 66 Mr. Geoffrey Wessel Analyst, United States Department of State, USA LOCAL PARTICIPANTS - in alphabetical order of first names - 67 Mr. Bui Duc An Researcher, Institute for Strategic Studies, 2nd General Department, Ministry of National Defense 68 Dr. Le Quang Anh Vietnam Academy of Social Sciences 69 Col. Huynh Duc Ba Representative in the South, Institute for Science and Strategies, Ministry of Public Security 70 Mr. Lai Thai Binh Deputy Director General, Department, MOFA 71 Assoc. Prof. Dr. Vu Thanh Ca Director, Research Institute for the Management of Seas and Islands,Vietnam Administration of Seas and Islands America 16 72 Mr. Pham Quoc Ca Deputy Director, Department of Natural Resource and Environment, Hai Phong City 73 Dr. Nguyen Manh Cuong Director General, Department of General Studies, Central Commission for External Relations 74 Assoc. Prof. Dr. Pham Cong Chien Director General, Institute for Border Strategy, Border Defense Force Academy 75 Mr. Nguyen Thanh Chinh Deputy Director General, Institute for Strategic Studies, 2nd General Department, Ministry of National Defense 76 Mr. Nguyen Thanh Chinh Chairman, People’s Committee of Con Dao District, Ba Ria – Vung Tau Province 77 Mr. Nguyen Chi Duc Director General, Department of Home Affairs, Government Office 78 Mr. Nguyen Manh Dong Acting Director General, Department of Propaganda, Information and Database, National Border Committee, Ministry of Foreign Affairs 79 Sen. Col. Nguyen Thanh Dong Deputy Director General, Institute for Defence International Relations, Ministry of National Defence 80 Mr. Tran Viet Dung Director, Con Dao District Project Management Unit, Ba Ria – Vung Tau Province 81 Mr. Le Thanh Dung Vice Chairman, People’s Committee, Bac Lieu Province 82 Mr. Hoang Ngoc Giao Lawyer, Vietnam Bar Federation 83 Prof. Dr. Vu Minh Giang Chairman, Council for Academic and Research Affairs, Vietnam National University, Hanoi 17 84 Ms. Nguyen Thi Hong Hanh Official, Consular and Overseas Vietnamese Affairs Division, Department of External Relations, Da Nang City 85 Mr. Huynh Thanh Hai Deputy Director, Department of External Relations, Kien Giang Province 86 Sen. Col. Nguyen Van Hai Head of Division of Mapping, High Command of Vietnam People’s Navy 87 Mr. Trinh Xuan Huong Official, Northeast Asia Department, MOFA 88 Mr. Bui Sy Hoa Deputy Director General, Authority of Foreign Information Service, Ministry of Information and Communications 89 Amb. Nguyen Duc Hung Former Canada 90 Col. Nguyen Trinh Hung Deputy Head of Section for Operating Guidline, Vietnamese Coast Guard Command 91 Col. Trinh Kim Kham Chief of Staff, Border Defense Force, Soc Trang Province 92 Mr. Nguyen Viet Kien Deputy Director Department, MOFA 93 Ms. Le Phuong Lan Official, Press and Department, MOFA 94 Mr. Nguyen Hong Linh Secretary of the Ba Ria – Vung Tau Provincial Party Committee 95 Mr. Pham Van Linh Vice Chairman, Central Propaganda and Training Commission 96 Mr. Nguyen Thanh Long Ministry of Public Security Vietnamese Ambassador General, to ASEAN Information 18 97 Mr. Le Quang Long Deputy Director, Department of External Relations, Ho Chi Minh City 98 Mr. Dao Kim Long Director General, National Defense – Security Department, Ministry of Planning and Investment 99 Dr. Tran Thang Long Deputy Head, Division of Legal English, Ho Chi Minh City University of Law 100 Mr. Dinh Tran Loi Director General, Ministry of Finance 101 Assoc. Prof. Dr. Pham Quang Minh Vice Rector, University of Social Sciences and Humanities, Hanoi 102 Mr. Le Dy Nam Head of Coordination Division, Authority of Foreign Information Service, Ministry of Information and Communications 103 Mr. Tran Cong Phu Deputy Director, Department of External Relations, Thua Thien Hue Province 104 Dr. Le Quy Quynh Director General, Marine Affairs Department of the National Boundary Commission, MOFA 105 Maj. Gen. Nguyen Hong Quan Deputy Director General, Institute for Military Strategy, Ministry of National Defence 106 Mr. Duong Hoang Sum Deputy Head, Propaganda and Training Commission, Tra Vinh Provincial Party Committee 107 Mr. Nguyen Thanh Son Deputy Director, Department of External Relations, Binh Dinh Province 108 Mr. Nguyen Ba Son Former Director General, Law and International Treaty Department, MOFA 109 Ms. Huynh Thi Anh Suong Director, Department of External Relations, Quang Ngai Province Department 19 1, 110 Mr. Nguyen Tan Vietnam Academy of Social Sciences 111 Mr. Tran Ngoc Tam Deputy Secretary of the Ben Tre Provincial Party Committee 112 Mr. Nguyen Quoc Tram Deputy Director, Department of External Relations, Khanh Hoa Province 113 Assoc. Prof. Dr. Tran Nam Tien Deputy Director, Center for Sea and Islands Studies, University of Social Sciences and Humanities, Ho Chi Minh City 114 Mr Le Manh Tien Vietnam Academy of Social Sciences 115 Mr. Do Ngoc Thinh Vice President, Vietnam Bar Federation 116 Mr. Le Van Truc Vice Chairman, People’s Committee, Phu Yen Province 117 Sen. Col. Nguyen Huu Thang Vice Commander, Border Defense Force, Quang Nam Province 118 Col. Mai Bien Thuy Vice Chief of Staff, 2nd Regional Command, High Command of Vietnam People’s Navy 119 Mr. Nguyen Huu Tuc Researcher, ASEAN – ARF Division, Institute for Defence International Relations, Ministry of National Defence 120 Sen. Col. Nguyen Van Thoa Vice Commander, Chief of Staff, Border Defense Force, Binh Thuan Province 121 Mr. Dao Nguyen Thach Official, General Department 1, Ministry of Public Security 122 Mr. Le Hong Tien Senior Official, National Defense – Security Department, Ministry of Planning and Investment 123 Mr. Le Hai Trieu Deputy Director General, Law and International Treaty Department, MOFA 20 124 Ms. Nguyen Thi Tuyen Politics & Foreign Economy Division, Department of External Relations, Ho Chi Minh City 125 Mr. Duong Long Tri Director, Fisheries Information Center, Directorate of Fisheries, Ministry of Agriculture and Rural Development 126 Mr. Dao Quang Trung Director General, East Sea and Islands Issues, Government Office 127 Assoc. Prof. Dr. Nguyen Ngoc Truong President, Center for Strategic Studies and International Development 128 Mr. Le Quang Vinh Vice Chief, Party Central Committee Office 129 Mr. Phung Tan Viet Vice Chairman, People’s Committee, Da Nang City 130 Mr. Hoang Viet Lecturer, Ho Chi Minh City University of Law 131 Ms. Pham Thi Hong Xuan Vice Dean at Ho Chi Minh City National University and Chairperson of the Association of Vietnam-ASEAN Friendship SOUTH CHINA SEA YOUNG LEADERS PROGRAMME 132 Poh Ming Yan Angela S. Rajaratnam School of International Studies, , Singapore 133 Liu Chang Ph.D Student in International Relations, China Foreign Affairs University, China 134 David Robert Fitzsimmons The University of Sydney, Australia 135 Grégoire-François Legault University of Ottawa, Canada 136 Nguyen Ngoc Lan Ph.D Student in International Law, 21 University of Cambride, UK 137 Lim Kheng Swe S. Rajaratnam School of International Studies, Singapore 138 Tran Thi Ngoc Suong Department of International Studies, University of Foreign Language Studies, University of Da Nang, Viet Nam 139 Truong Minh Huy Vu Director, Centre for International Studies, University of Social Sciences and Humanities, Ho Chi Minh City, Viet Nam DIPLOMATIC MISSIONS AND REPRESENTATIVES IN VIET NAM 140 Ms. Nadia Krivetz Australia Political Counsellor, Embassy of Australia 141 Ms. Alison Keys Australia First Secretary, Embassy of Australia 142 Ms. Dinh Quynh Mai Australia Senior Political Australia 143 Ms. Anke Van Lancker Belgium First Secretary, Embassy of Belgium 144 Ms. Sobrina Rosli 145 Ms. Savny Phen 146 Officer, Embassy of Brunei Deputy Head of Mission, Embassy of Brunei Cambodia Deputy Head of Mission, Royal Embassy of Cambodia Mr. Richard Bale Canada Consulate General of Canada in Ho Chi Minh City 147 Mr. Vu Tu Dat Canada Political Officer, Embassy of Canada 148 Mr. Dung Vu Canada Diplomatic office, Consulate General of Canada in Ho Chi Minh City 22 149 Mr. Yen Ming-Nan Chinese Taipei Third Secretary, Taipei Economic and Cultural Office in Hanoi 150 Ms. Ko Yu - Chien Chinese Taipei Deputy Director, Taipei Economic and Cultural Office in Ho Chi Minh City 151 Mr. Chritian Brix Moller 152 Ms. Delphine Malard 153 Mr. Remi Lambert 154 Mr. Nicolo Costantini Italy First Secretary, Embassy of Italy 155 H.E. Amb. Preeti Saran India Ambassador, Embassy of India 156 H.E. Mr. Mayerfas Indonesia Ambassador, Embassy of the Republic of Indonesia 157 Mr. Yudi Fitriandi Indonesia Minister Counsellor, Embassy of the Republic of Indonesia 158 Mr. Dedy Cahyadi Irianto Indonesia First Secretary, Embassy of the Republic of Indonesia 159 Mr. Jean Anes Indonesia Consul General of the Republic of Indonesia in Ho Chi Minh City 160 Mr. Toru Kodama Japan First Secretary, Embassy of Japan in Vietnam 161 Mr. Nishizaki Tatsuya Japan Second Secretary, Embassy of Japan in Vietnam 162 Ms. Robie Taylor New Zealand Deputy Head of Mission, Embassy of New Zealand Denmark EU France Deputy Head of Mission, Denmark Embassy First Counsellor, Head of politics, Press and Information Section Premier Counsellor, French Embassy 23 163 Mr. Dmitry Krivosheev Russia Consul, Consulate General of the Russian Federation in Ho Chi Minh City 164 Mr. Ho Kok Loke Singapore Counsellor, Embassy of the Republic of Singapore 165 Mr . Siu Hong Yuen Singapore Deputy Head of Mission, Embassy of the Republic of Singapore 166 Ms. Hejin Kim 167 Ms. Barbara AmonoOceng UK Political Section Chief, British Embassy 168 Mr. Tran Anh Duc UK External Political Officer, British Embassy 169 Mr. Charles Sellers USA Political Section Chief, U.S. Consulate General in Ho Chi Minh City 170 Mr. Brett Blackshaw USA Political Counselor, Embassy of US 171 Mr. Michael Kidwell USA Deputy Political Counselor, Embassy of US 172 CDR Jay Dewan USA Defense Attaché Office, U.S. Embassy, Hanoi South Korea First Secretary, Korean Embassy VIETNAM LAWYERS’ ASSOCIATION 173 Dr. Nguyen Van Quyen President 174 Ms. Le Thi Kim Thanh Vice President 175 Dr. Nguyen Thi Son Deputy General Secretary 24 176 Mr. Nguyen Thanh Tuu President, Ba Ria – Vung Tau Lawyers Association 177 Mr. Pham Xuan Mai Vice President, Ba Ria – Vung Tau Lawyers Association 178 Mr. Nguyen Van Hue Vietnam Lawyers Association 179 Mr. Nguyen Quoc Hung Vietnam Lawyers Association 180 Mr. Tran Vinh Nguyen Vietnam Lawyers Association 181 Mr. Tran Xuan Quang Vietnam Lawyers Association THE FOUNDATION FOR EAST SEA STUDIES 182 H.E. Le Cong Phung Vice Chairman, The Foundation for East Sea Studies 183 Dr. Tran Truong Thuy Executive Director, The Foundation for East Sea Studies 184 Ms. Hoang Thi Lan The Foundation for East Sea Studies 185 Mr. Nguyen Tien Thinh The Foundation for East Sea Studies DIPLOMATIC ACADEMY OF VIETNAM 186 Amb. Dr. Dang Dinh Quy President 187 Dr. Nguyen Thi Lan Anh Vice Dean, Faculty of International Law & Deputy Director General, Bien Dong Institute 188 Dr. Nguyen Nam Duong Deputy Director General, Institute for Foreign Policy and Strategic Studies 25 189 Ms. Ho Hong Hanh Researcher, Bien Dong Institute 190 Mr. Le Quang Hung Researcher, Bien Dong Institute 191 Dr. Ha Anh Tuan Researcher, Bien Dong Institute 192 Ms. Le Thuy Trang Researcher, Bien Dong Institute 193 Ms. To Dieu Lan Diplomatic Academy of Vietnam 194 Dr. Trinh Hai Yen Diplomatic Academy of Vietnam Others International & Local Press 26 BIOGRAPHY OF ROLE PLAYERS - in alphabetical order of the last names - Prof. DAVID ARASE Ph.D, Political Science, UC Berkeley, 1989 M.A., International Relations, SAIS, 1982 B.A., Cornell U., 1977 The Hopkins-Nanjing Center, Johns Hopkins-SAIS Email: [email protected] Before joining the Hopkins-Nanjing Center in 2011, Dr. Arase taught for 22 years in the Politics Department at Pomona College in Claremont, CA. He has published four books and many articles and commentaries on East Asian politics and international relations. Two more books, tentatively entitled China's Rise and East Asian Order (editor), and China’s Rise to Asian Predominance (single author), are under contract with Palgrave and are expected out in 2016. His most recent book (co-edited with T. Akaha), The US-Japan alliance: balancing soft and hard power in East Asia (Nissan Institute/Routledge, 2010), won the 2011 Ohira Memorial Foundation Special Prize. In the past two years he has been a visiting scholar at the National Institute for Defense Studies in Tokyo and the Institute for Southeast Asian Studies in Singapore. Prof. LESZEK BUSZYNSKI Australian Defence Force Academy, University of New South Wales Email: [email protected] Leszek Buszynski is a visiting fellow with the National Security College at the Australian National University, Canberra Australia. From 1994-2010 he was professor of International Relations in the Graduate School of International Relations at the International University of Japan. Prior to this appointment he was a research fellow with Strategic and Defence Studies Centre at the Australian national University. He was also a lecturer with the Department of Political Science at the National University of Singapore over 1980-1987. He has published widely on Asia Pacific security issues and is co editor of the Routledge series on Asia Pacific Security. His most recent publications are; Negotiating with North Korea: The Six Party Talks and the Nuclear Issue, Routlege, 2013, The South China Sea Maritime Dispute; Political, legal and Regional Perspectives, Routledge 27 2014 [co edited with Chris Roberts] Prof. ROBERT BECKMAN Centre for International Law, National University of Singapore Email: [email protected] Bob Beckman is the Director of the Centre for International Law (CIL), a university-wide research centre at the National University of Singapore (NUS). He is also an Associate Professor at the NUS Faculty of Law, where he has taught for 36 years. Professor Beckman currently teaches Ocean Law & Policy in Asia and International Regulation of Shipping at the NUS Faculty of Law. He also taught Public International Law and International Legal Process for many years. Professor Beckman lectures on law of the sea in the summer programme at the Rhodes Academy of Oceans Law & Policy in Rhodes, Greece, and in the International Maritime Boundary Workshops organized by CIL and the International Boundaries Research Unit (IBRU) of Durham University. Professor Beckman received his J.D. from the University of Wisconsin and his LL.M. from Harvard Law School. He is also an Adjunct Senior Fellow at the S Rajaratnam School of International Studies (RSIS), Nanyang Technological University, and a member of the National Executive Committee of CSCAP Singapore. Since the establishment of CIL in 2009, Professor Beckman has co-edited the following books on ocean law and policy: S. Jayakumar, Tommy Koh & Robert Beckman, "The South China Sea Disputes and Law of the Sea" (Edward Elgar, 2014); D Burnett, R Beckman and T Davenport, "Submarine Cables: The Handbook of Law and Policy" (Martinus Nijhoff Publishers, 2013); Robert Beckman, Ian Townsend-Gault, Clive Schofield, Tara Davenport & Leo; Bernard, "Beyond Territorial Disputes in the South China Sea: Legal Frameworks for Joint Development of Hydrocarbon Resources" (Edward Elgar, 2013); Robert C. Beckman and J. Ashley Roach, "Piracy and International Maritime Crimes in ASEAN: Prospects for Cooperation" (Edward Elgar, 2012) His recent journal articles and book chapters on ocean law and policy include: Robert C. Beckman & Clive H. Schofield, "Defining EEZ Claims From Islands: A Potential South China Sea Change", 29(2) International Journal of Marine and Coastal Law 28 (2014), pp. 193-243; Robert Beckman, "The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea", 107 American Journal of International Law (2013), pp. 142-163; Robert Beckman, "Piracy and Armed Robbery Against Ships in Southeast Asia", in Modern Piracy: Legal Challenges and Responses (Douglas Guilfoyleed., Edward Elgar, 2013), pp. 13-34 Dr. JAY BATONGBACAL U.P. Institute for Maritime Affairs & Law of the Sea Email: [email protected] Jay L Batongbacal is a lawyer from the Philippines with the degrees of Master of Marine Management and Doctor in the Science of Law, both from Dalhousie University in Canada. Since 1997, he has done diverse work in maritime affairs, including community based fisheries management, coastal resource management, marine environment protection, maritime boundaries, high seas fishing, offshore energy, seafaring, and shipping. He was legal advisor to the Philippine delegation that successfully pursued the Philippines’ claim to a continental shelf beyond 200 nautical miles in the Benham Rise Region before the Commission on the Limits of the Continental Shelf. He is currently assisting the Philippines in making an application to the International Maritime Organization for the designation of a Particularly Sensitive Sea Area in the Sulu Sea. He is also among the List of Experts on Marine Scientific Research for purposes of Special Arbitration under Annex VIII of the UNCLOS. He recently completed research on the US maritime security policy and the South China Sea disputes under the auspices of the US-ASEAN Fulbright Initiative Visiting Scholar Program. Presently, he serves as an Associate Professor at the University of the Philippines College of Law, and concurrently Director of the Institute for Maritime Affairs and Law of the Sea of the U.P. Law Center. 29 Dr. PATRICK M. CRONIN Patrick M. Cronin is a Senior Advisor and Senior Director of the Asia-Pacific Security Program at the Center for a New American Security (CNAS). Previously, he was the Senior Director of the Institute for National Strategic Studies (INSS) at the National Defense University, where he simultaneously oversaw the Center for the Study of Chinese Military Affairs. Center for a New American Security Email: [email protected] Dr. Cronin has a rich and diverse background in both AsianPacific security and U.S. defense, foreign and development policy. Prior to leading INSS, Dr. Cronin served as the Director of Studies at the London-based International Institute for Strategic Studies (IISS). At the IISS, he also served as Editor of the Adelphi Papers and as the Executive Director of the Armed Conflict Database. Before joining IISS, Dr. Cronin was Senior Vice President and Director of Research at the Center for Strategic and International Studies (CSIS). In 2001, Dr. Cronin was confirmed by the United States Senate to the third-ranking position at the U.S. Agency for International Development (USAID). While serving as Assistant Administrator for Policy and Program Coordination, Dr. Cronin also led the interagency task force that helped design the Millennium Challenge Corporation (MCC). From 1998 until 2001, Dr. Cronin served as Director of Research at the U.S. Institute of Peace. Prior to that, he spent seven years at the National Defense University, first arriving at INSS in 1990 as a Senior Research Professor covering Asian and long-range security issues. He was the founding Executive Editor of Joint Force Quarterly, and subsequently became both Deputy Director and Director of Research at the Institute. He received the Army's Meritorious Civilian Service Award upon his departure from NDU in 1997. He has also been a senior analyst at the Center for Naval Analyses, a U.S. Naval Reserve Intelligence officer, and an analyst with the Congressional Research Service and SRI International. He was Associate Editor of Strategic Review and worked as an undergraduate at the Miami Herald and the Fort Lauderdale News. 30 Dr. Cronin has taught at Georgetown University’s Security Studies Program, The Johns Hopkins University’s Paul H. Nitze School of Advanced International Studies (SAIS), and the University of Virginia’s Woodrow Wilson Department of Government. He read International Relations at St Antony’s College, University of Oxford, where he received both his M.Phil. and D.Phil. degrees, and graduated with high honors from the University of Florida. He regularly publishes essays in leading publications and frequently conducts television and radio interviews. In addition to many CNAS reports and numerous articles, his major publications include: Global Strategic Assessment, 2009: America’s Security Role in a Changing World; Civilian Surge: Key to Complex Operations (co-editor); The Impenetrable Fog of War: Reflections on Modern Warfare and Strategic Surprise; The Evolution of Strategic Thought: Adelphi Paper Classics; and Double Trouble: Iran and North Korea as Challenges to International Security. Prof. BRAHMA CHELLANEY Center for Policy Research, New Delhi Email: [email protected] Brahma Chellaney is a geostrategist on international affairs. He is presently a professor of strategic studies at the independent Center for Policy Research in New Delhi; a Richard von Weizsäcker Fellow at the Robert Bosch Academy in Berlin; a trustee of the National Book Trust; and an affiliate with the International Centre for the Study of Radicalization at King’s College London. He has served as a member of the Policy Advisory Group headed by the foreign minister of India. As a specialist on international strategic issues, he held appointments at Harvard University, the Brookings Institution, the Paul H. Nitze School of Advanced International Studies at Johns Hopkins University, and the Australian National University. His scholarly essays have been published in numerous journals, including International Security, Orbis, Survival, Terrorism, Washington Quarterly, and Nature. He is the author of nine books, including an international bestseller, Asian Juggernaut: The Rise of China, India, and Japan (New York: Harper Paperbacks, 2010). 31 His latest books focus on the geopolitics of natural resources, especially water: the recently released Water, Peace, and War: Confronting the Global Water Crisis (Rowman & Littlefield); and Water: Asia’s New Battleground (Georgetown University Press), the winner of the 2012 Bernard Schwartz Award. In addition to being a strategic thinker and author, he is a columnist and commentator, including for Project Syndicate. His opinion articles appear in the International Herald Tribune, Wall Street Journal, Financial Times, Le Monde, The Guardian, The Hindu, Times of India, Mint, Japan Times, La Vanguardia, Straits Times, South China Morning Post, and other important newspapers. And he has often appeared on CNN and BBC, among others. Dr. VU THANH CA Education B.Sc., (Oceanography) Hanoi University (1980). M.E., (Coastal Engineering) Asian Institute of Technology, Thailand (1990). Ph.D., (Environmental Engineering) Saitama University, Japan (1994). Working Experience 1980-1988: Marine Hydrometeorological Center, Hydrometerological Service of Vietnam, Research Associate. Employer: Hydrometeorological Service of Vietnam. Vietnam Administration of Seas and Islands 1990-1990: (August to October) Asian Institute of Technology, Research Associate. Email: [email protected] Employer: Asian Institute of Technology. 1994-1996: Department of Civil and Environmental Engineering, Saitama University, Japan, Lecturer. Employer: Saitama University. 1996-2002: Department of Civil and Environmental Engineering, Saitama University, Japan, Associate Professor. Employer: Saitama University. Oct. 2002 - March 2004: Researcher, Marine Hydrometeorological Center, Hanoi, Vietnam Employer: Hydrometeorological Service of Vietnam. Apr. 2004 - Aug. 2007: Director, Center for Advanced 32 Technology Application, Institute of Meteorology and Hydrology, Hanoi, Vietnam Employer: Institute of Meteorology and Hydrology Aug. 2007 - Sept. 2008: Director, Center for Marine and Atmospheric-Ocean Interaction Research, Institute of Meteorology and Hydrology, Hanoi, Vietnam Employer: Institute of Meteorology and Hydrology Oct. 2008: Director, Research Institute for the Management of Seas and Islands, Vietnam Administration of Seas and Islands Dr. SHEN DINGLI Institute of International Studies, Fudan University Email: [email protected] Shen Dingli is a professor and associate dean at Fudan University’s Institute of International Studies. He has taught international security, China-US relations, China’s foreign and defense policy in China, the US and the “Semester at Sea” Program. His research and publication covers China-US security relations, regional security and international strategy, arms control and nonproliferation, foreign and defense policy of China and the US etc. He is Vice President of Chinese Association of South Asian Studies, Shanghai Association of International Studies, Shanghai Association of American Studies, and Shanghai UN Research Association. He received his Ph.D. in physics from Fudan in 1989 and did post-doc in arms control at Princeton University from 1989-1991. He was an Eisenhower Fellow in 1996, and advised in 2002 the then UN Secretary General Kofi Annan for his strategic planning of second term. He is on the Global Council of Asia Society, and is appointed by Shanghai Municipality and Hongzhou Municipality as both Shanghai Convention Ambassador and Hongzhou Convention Ambassador. He has co-edited 17 books and published over 2,000 papers and articles worldwide. 33 Dr. MATHIEU DUCHATEL European Council on Foreign Relations Email: [email protected] Dr. Mathieu Duchâtel is Senior Policy Fellow and Deputy Director of the Asia and China Program at the European Council of Foreign Relations. Based in the Paris office of the ECFR, he works on Asian security, with a focus on maritime security, the Korean peninsula and China’s foreign and security policy. Before joining ECFR in November 2015, he was Senior Researcher and Representative in Beijing of the Stockholm International Peace Research Institute (20112015), Research Fellow with Asia Centre in Paris (20072011) and Associate Researcher based in Taipei with Asia Centre (2004-2007). He holds a Ph.D in political science from the Institute of Political Studies (Sciences Po, Paris). He has spent a total of nine years in Shanghai (Fudan University), Taipei (National Chengchi University) and Beijing and has been a Visiting Fellow at the Japan Institute of International Affairs. His latest co-authored book, China’s Strong Arm, Protecting Citizens and Assets Abroad was published in the Adelphi collection by IISS and Routledge in 2015. Dr. NGUYEN NAM DUONG Dr. Nguyen Nam Duong is currently Deputy Director General of the Institute for Foreign Policy and Strategic Studies at the Diplomatic Academy of Vietnam. Nam Duong has been working at the Diplomatic Academy of Vietnam as a researcher since his graduation in 2001. His research interests include international relations and security issues in the Asia-Pacific, and foreign policy of Vietnam. Nam Duong got his PhD degree in Politics at the Australian Defence Force Academy in 2010. Institute for Foreign Policy and Strategic Studies, Diplomatic Academy of Vietnam Email: [email protected] 34 Prof. ALEX OUDE ELFERINK Netherlands Institute for the law of the sea, Utrecht University Email: [email protected] Alex Oude Elferink is currently Director at the Netherlands Institute for the law of the sea (NILOS), Utrecht University, the Netherlands, at which university he also holds the chairs in international law of the sea. He also is an adjunct professor at the K.G. Jebsen Centre for the law of the sea, University of Tromsø, Norway. He has been working at NILOS since 1990 and at the Jebsen Centre since 2013. Between 1994 and 1996 he worked at the Ministry of Foreign Affairs of Nicaragua. He has published on maritime boundary delimitation, the law of the sea in the Polar regions, the definition and outer limits of the continental shelf, the protection of the marine environment and fisheries and other law of the sea issues. His recent publications includeThe Delimitation of the Continental Shelf between Denmark, Germany and the Netherlands; Arguing Law, Practicing Politics (CUP, 2013) and he is the co-editor of The Oxford Handbook of the Law of the Sea (OUP, 2015). Apart from his academic work, he is involved in consultancy work. Recently, this concerned such topics as the current debate on the regime for area beyond national jurisdiction, the implementation of article 76 by coastal States and possible delimitation scenarios involving neighboring States. He has acted as counsel for the Republic of Nicaragua in a number of cases before the International Court of Justice. Amb. SALMAN AL FARISI Salman Al Farisi is a career diplomat, having served many positions in Indonesia and abroad. Assignments in Indonesia 1990-1992: Acting Head of Section for Asia Pacific, Sub Directorate for Technical Coorporation Ministry of Foreign Affairs of the Republic of Indonesia Email: [email protected] 1996-1999: Head of Section for Asia Pacific, Sub Directorate for Double Taxation Avoidance 2003-2005: Head of Sub Directorate for ECOSOC 2005-2008: Director for Economic and Environmental Development Assignements Abroad 35 1992-1995: Third Secretary/Second Secretary, Embassy of the Republic of Indonesia in Bangkok, Thailand 1999-2003: First Secretary/Councellor, Permanent Mission of the Republic of Indonesia to the United Nations in New York, US 2008-2012: Minister/Deputy Chief of Mission, Embassy of the Republic of Indonesia in Washington D.C., US 2012-2014: Indonesian Ambassador Extraordinary and Plenipotentiary to the United Arab Emirates in Abu Dhabi He currently serves as Senior Advisor for Institutional Relations, Ministry of Foreign Affairs of the Republic of Indonesia Ms. RUKMANI GUPTA Rukmani Gupta is the Senior Analyst for Asia-Pacific on IHS Jane’s Military Capabilities Desk. Armed Forces content on Northeast Asia, Southeast Asia and Oceania falls within her remit. Prior to joining IHS, Rukmani was an Associate Fellow at the Institute for Defence Studies and Analyses (IDSA), New Delhi, where her research focused on security issues in East Asia. Rukmani holds an MPhil in Chinese Studies and MA in International Relations from the School of International Studies at Jawaharlal Nehru University, New Delhi. Proficient in Mandarin Chinese and Hindi, she is based in New Delhi, India. IHS Jane’s Military Capabilities Desk Email: [email protected] Prof. MICHAEL SHENG-TI GAU Institute of Law of the Sea, National Taiwan Ocean University Prof. Michael Sheng-ti Gau has degrees of LL.B. (National Taiwan University), LL.M. (Cambridge), LL.M. (London), and Ph.D. (Leiden) all specialized in public international law. He is teaching at Institute of Law of the Sea in National Taiwan Ocean University. Professor Gau has been legal advisor for and commissioned by Ministry of the Interior, Fishery Agency of Council of Agriculture, Ministry of Economics, Ministry of Health, and Ministry of Foreign Affairs on numerous research projects on law of the sea legal issues, negotiations in Regional Fisheries Management 36 Email: [email protected] Organizations like ICCAT, SPRFMO and WCPFC, as well as WTO fishery subsidies negotiations, and Taiwan’s participation in IGOs like ICAO, OIE, WHO etc. For the past 6 years, Professor Gau has been focusing on outer continental shelf, CLCS and the South China Sea legal issues, with publications of quite a few articles at Ocean Yearbook, Ocean Development and International Law, Chinese Journal of International Law, Journal of East Asia and International Law, China Oceans Law Review etc.. Professor Gau has been National Administrator for the Taiwan Regional Round of the Philip C Jessup International Law Moot Court Competition (2000-2012). He is involved in aircraft accident investigations in Taiwan that between 1998 and 2000 he was the head of legal department for the Aviation Safety Council of the Executive Yuan. Since 2004 he has been appointed by the Prime Minister as a ASC Board Member, and from 2012 to 2014 the Vice-Chairman. Dr. Gau is married and lives by the mouth of Tam-sui River in Taipei. Prof. NGUYEN MANH HUNG Nguyen Manh Hung earned his License en Droit (J.D. equivalent) from the Faculty of Law, University of Saigon (1960), his M.A. (1963) and Ph.D. in International Relations from the Woodrow Wilson Department of Foreign Affairs, University of Virginia (1965). ISEAS-Yusof Ishak Institute Email: [email protected] A two-time Fulbright Scholar (one as a graduate student from Vietnam to the U.S. and one as an American professor to Vietnam) and Social Science Research Council Fellow, Dr. Hung is the author of several books, book chapters, and articles in journals such as World Affairs, Asian Survey, Pacific Affairs, Global Asia, CogitAsia, Amerasia Journal, and Journal of Asian Thought and Society. Prior to 1975, he was professor of International Politics at the National School of Public Administration and the University of Saigon, Vietnam. Dr. Hung is a member of the International Studies Association and has participated in major policy working groups on Vietnam and Indochina, including the Indochina Policy Forum of the Aspen Institute, the Indochina Study Group of the Council on Foreign Relations, and the Southeast Asia Working Group of the Center for Strategic and International Studies. 37 His most recent publications include “The Bush Doctrine— A Minority View,” Working papers on Global Studies No 6, GMU Center for Global Studies, May 2010; “Vietnam-US relations: Past, Present, and Future,”Asia Pacific Bulletin No 69, September 24, 2010; “Vietnam-United Relations: A Thirty-Five Years Retrospective,” International Studies (Hanoi), No 23, December 2010;“Vietnam’s Eleventh Party Congress: “Socialist Orientation” and Market Reform,” Asia Pacific Bulletin, No 94, February 15, 2011; “China’s excessive territorial claims in the South China Sea are pushing Vietnam toward the United States;” The Diplomat, February 15, 2011;“ASEAN’s Scarborough Failure?” The Diplomat, June 16, 2012; “Drawing a Line in the South China Sea: Why Beijing Needs to Show Restraint,” Global Asia, No 4, Winter 2012; “Surprise of Déja Vu? The Vietnamese Communist Party’s Seventh Plenum,” CogitAsia, May 15, 2013; “US-Vietnam Nuclear Deal Not a Reminder of Cold War,” Global Times, December 17, 2013; “Chinese Oil Rig and Vietnamese Politics: Business as Usual?” CogitAsia, August 25, 2014; “Oil Rig Crisis in the South China Sea Prompts Vietnam to Consider Stronger Ties with the United States,” CogitAsia, May 30, 2014; “Vietnam-China Relations: What You See Is Not What You Get,” CogitASIA, November 17, 2014; “Shadow of Vietnam’s Political System Hangs over Party Leader’s Planned Visit to the United States,” CogitAsia, March 17, 2015 Hung contributed book chapters to New Directions in the International Relations of Southeast Asia (Singapore University Press, 1973), Refugees in the United States (Greenwood Press, 1985), The American War in Vietnam: Lessons, Legacies, and Implications for Future Conflict (Greenwood Press, 1987), Refugees in America in the 1990’s (Greenwood Press, 1996), Southeast Asia on the Growth Path (Universiti Pertanian Malaysia Press, 1997), Southeast Asian Affairs 2004 (Institute of Southeast Asian Studies, 2004), and “U.S.-Vietnam Relations: Evolving Perceptions,” in Strategic Asia 201-2015: U.S. Alliances and Partnerships at the Center of Global Powers, National Bureau of Asian Research, 2014. Currently, Dr. Hung is Professor Emeritus of Government and International Relations, George Mason University, and Visiting Senior Fellow at the Institute of Southeast Asian 38 Studies, Singapore. He teaches courses on American Foreign Policy, and Government and Politics of Asia. Prof. SU HAO Center for Strategic and Peace Studies, China Foreign Affairs University Email: [email protected] Dr. SU, Hao, is a distinguished professor in the Department of Diplomacy at the China Foreign Affairs University. He is a founding director of Center for Strategic and Peace Studies. He was chairman of Diplomacy Department, director of China’s Foreign Relations Section, general secretary of East Asian Studies Center, and director of Center for Asia-Pacific Studies within this university. He is also affiliated with some institutions in China, such as, president of Beijing Geopolitical Strategy and Development Association, members of Chinese Committee for Council of Security Cooperation in the Asia-Pacific (CSCAP) and Pacific Economic Cooperation Council (PECC); Executive Board Member of China Association of Asian-African Development Exchange; Board Members of China Association of Arms Control and Disarmament, Pacific Society of China, and China Association of China-ASEAN. He got his B.A. in history and M. A. in international relations from Beijing Normal University and Ph. D. in international relations from China Foreign Affairs University. He took his advanced study in the School of Oriental and African Studies (SOAS), University of London in 1993-1995; and was a Fulbright scholar in Institute of War and Peace Studies of Columbia University, and in Institute of East Asia of University of California at Berkeley in 2001-2002; and guest professor in Department of Peace and Conflict Studies of Uppsala University in Sweden in 2004, in Faculty of Society and Design of Bond University in Australia in 2014 and in Department of Government of University of LUISS in Italy in 2015. His specialties are China’s foreign and security policy, strategic studies, international relations in the Asia-Pacific region, and East Asian integration. 39 Dr. NONG HONG Institute for China-America Studies Email: [email protected] Dr. Nong Hong heads the Institute for China-America Studies (ICAS), an independent, non-profit academic institution launched by the Hainan Nanhai Research Foundation.She also holds a joint position of research fellow with National Institute for South China Sea Studies (NISCSS) and China Institute, University of Alberta (CIUA). Dr Hong received her PhD of interdisciplinary study of international law and international relations from the University of Alberta, Canada and held a Postdoctoral Fellowship in the University’s China Institute. She was ITLOS-Nippon Fellow for International Dispute Settlement (2008-2009), and Visiting Fellow at the Center of Oceans Law and Policy, University of Virginia (2009) and at the Max Planck Institute for Comparative Public Law and International Law (2007). Her research takes an interdisciplinary approach to examining international relations and international law, with focus on International Relations and Comparative Politics in general; ocean governance in East Asia; law of the sea; international security, particularly non-traditional security; and international dispute settlement and conflict resolution. Her most recent publications include UNCLOS and Ocean Dispute Settlement: Law and Politics in the South China Sea (Abingdon, New York: Routledge, 2012); Recent developments in the South China Sea dispute, coedited with Wu Shicun(Routledge, 2014); Maritime Security Issues in the South China Sea and the Arctic: Sharpened Competition or Collaboration? Co-edited with Gordon Houlden (Beijing: China Democracy and Legal System Publishing House, 2012); ‘The Energy Factor in the Arctic Dispute: a Pathway to Conflict or Cooperation?’ in theJournal of World Energy Law & Business (Oxford Journal), January 2012; ‘The Melting Arctic and Its Impact on China’s Maritime Transport’, Research in Transportation Economics, xxx, 2012, pp.1-8; ‘Chinese Perceptions of U.S. Engagement in the South China Sea’, in China Brief, Volume XI Issue 12, July 1, 2011, pp.7-9. 40 Mr. BILL HAYTON Chatham House, The Royal Institute of International Affairs Bill Hayton is an Associate Fellow of Chatham House in London. He is the author of ‘The South China Sea: the struggle for power in Asia’ published by Yale University Press in October 2014. His previous book ‘Vietnam: rising dragon’ was published by Yale in 2010. He has worked for the BBC since 1998, including a posting as the BBC reporter in Vietnam in 2006-7 and a secondment to the state broadcaster in Myanmar during 2013-14 to assist with media reform. He currently works for BBC World News TV in London. He has written for publications including the South China Morning Post, National Interest and The Diplomat among many others. He is a graduate of the University of Cambridge. Email: [email protected] Mr. ABD RAHIM HUSSIN Abd Rahim Hussin, former Undersecretary, National Security Council, (NSC) Prime Minister’s Department, Malaysia have served the NSC for 22 years out of his 35 years in public service. National Security Council, Prime Minister’s Department, Malaysia Email: [email protected] He holds Bachelor of Arts (Honors) History/International Relations from the University of Malaya and Master of Public and International Affairs (MPIA) from University of Pittsburgh. Amongst the position during his tenure at NSC, are as Director of Policy and Strategic Planning, Director of National Operations Management Centre and Undersecretary, Maritime Security and Sovereignty. Among others, his specialization areon the Maritime Security, Sovereignty, Boundary Delimitations and issues relating to maritime governance especially in relations to the United Nations Convention on the Law of the Sea (UNCLOS). Mr. Abd Rahim Hussin was one of the Malaysia public officials who assisted the panel of International legal counsels in the Case Concerning Sovereignty over Pulau Ligitan and Pulau Sipadan (Malaysia/Indonesia)(19992002) and Case Concerning over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge(Malaysia/Singapore (2003-2008) at the International Court of Justice (ICJ) The 41 Hague. On the home front, he has being involved with the setting up of the MalaysianMaritime Enforcement Agency (MMEA) or the Malaysian Coastguard from the initial feasibility study to the drafting of the MMEA Act 2004 (Act 633). He was in the Malaysian Delegation and led the core group in the inter-governmentalnegotiations which adopted the Regional Cooperation Agreement on Anti-Piracy in Asia (ReCAAP) in 2005. Mr. Abd Rahim was also the Team Leader of the Malaysia Continental Shelf Project and Co-Chairman of the MalaysiaVietnam Joint Submission on the Extended Continental Shelf. Dr. KEN JIMBO Keio University Email: [email protected] Ken JIMBO is an Associate Professor at the Faculty of Policy Management, Keio University. He is concurrently a Senior Research Fellow at the Canon Institute for Global Studies (CIGS) and the Tokyo Foundation (TKFD). He also serves as a Director, Board of Directors at the Civic Force, a Visiting Fellow at the Genron NPO and a member of the International Institute for Strategic Studies (IISS). His main research fields are in International Security, Japan-US Security Relations, Japanese Foreign and Defense Policy, Multilateral Security in Asia-Pacific, and Regionalism in East Asia. He has been a policy advisor at various Japanese governmental commissions and research groups including at the Cabinet Office, the Ministry of Defense and the Ministry of Foreign Affairs. His recent books and articles include, "US Rebalancing to the Asia-Pacific: A Japanese Perspective,” in William Tow and Douglas Stuart eds., The New US Strategy towards Asia: Adapting to the American Pivot (London: Routledge, 2015); Ken JIMBO ed., Regional Security Architecture in the AsiaPacific, Tokyo Foundation (2010) (in Japanese: Ajia Taiheiyo no Chiiki Anzen Hosho Ahkitekucha). 42 Prof. HERMAN JOSEPH S. KRAFT College of Social Sciences and Philosophy Email: [email protected] Herman Joseph S. Kraft is an Associate Professor with the Department of Political Science at the University of the Philippines at Diliman, Quezon City. He has published articles and book chapters on issues concerning ASEAN, regional security in Southeast Asia, security sector reform, and intra-state conflict in the Philippines. His most recent publications include an assessment of the implications for Philippines defense of the Scarborough Shoal issue and of nontraditional security concerns such as humanitarian assistance and disaster relief. He is currently serving as the Associate Dean for Administration and External Affairs with the College of Social Science and Philosophy. Mr. SHAHRIMAN LOCKMAN Institute of Strategic and International Studies, Malaysia Mr Shahriman Lockman is a Senior Analyst in the Foreign Policy and Security Studies Programme of the Institute of Strategic and International Studies (ISIS) Malaysia. His research interests include Malaysian foreign policy, Malaysia-China relations, Malaysia-Indonesia relations and Asian security. Shahriman is a member of the Malaysian chapter of the Council for Security Cooperation in the Asia Pacific (CSCAP). He was a Visiting Fellow at the Asia-Pacific College of Diplomacy at the Australian National University (ANU) in early 2007 and has a Master of Strategic Affairs from the ANU. Email: [email protected] 43 Dr. XUE LI Dr XUE Li is associate professor, director of Department of International Strategy, Institute of World Economics and Politics (IWEP),Chinese Academy of Social Sciences (CASS). He had his PhD in International Politics from Graduate School of Chinese Academy of Social Chinese Academy of Social Sciences (CASS) Email: [email protected] Sciences in 2007. His research interests are China’s Foreign Policy, China’s Regional Strategy in Eurasia, South China Sea Disputes, and One Belt and One Road (OBOR)” Initiative/Strategy. Dr. Xue Li has published many articles on China’s leading Academic Journal such as Journal of World Economics and Politics, Quarterly Journal of International Politics, The Journal of International Studies, Contemporary Asia-Pacific. Besides those, he also writes papers for mass media, home and abroad, such as Financial Times (Chinese version), the Diplomat (English version), China Daily(English version), Global Times (Chinese version), United Morning (Lian He Zao Bao, Chinese version published in Singapore) ,China Review (Chinese version published in Hong Kong) Prof. LISELOTTE ODGAARD Royal Danish Defence College Email: [email protected] Dr.Liselotte Odgaard is an Associate Professor at the Institute for Strategy at the Royal Danish Defence College. She has published numerous articles, edited books and three monographs on Asia-Pacific security, China’s growing influence in international relations, and strategic theory and practice. She has been a visiting professor at institutions such as Harvard University, Woodrow Wilson International Center for Scholars and The Norwegian Nobel Institute. Her latest monograph is China and Coexistence: Beijing’s National Security Strategy for the 21st Century (Washington, D.C.: Woodrow Wilson Center Press/Johns Hopkins University Press 2012). 44 Prof. JONATHAN ODOM Commander Jonathan Odom joined the Daniel K. Inouye Asia-Pacific Center for Security Studies in August 2015. As a judge advocate in the U.S. Navy, Commander Odom is a licensed attorney who has provided legal advice on matters of international and operational law to military commanders (both U.S. and multinational), headquarters staffs, and forces for military operations around the world, including at sea, in the air, and on land. The Daniel K. Inouye AsiaPacific Center for Security Studies Email: [email protected] His headquarters assignments have included: Oceans Policy Advisor, Office of the Secretary of Defense (Pentagon); Deputy Legal Advisor, Headquarters, U.S. Pacific Command (Hawaii); Department Head and Attorney-Advisor, Administrative Law Division, Office of the Navy Judge Advocate General (Pentagon); Assistant Special Counsel to the Chief of Naval Operations (Pentagon); Attorney-Advisor, International and Operational Law Division, Office of the Navy Judge Advocate General (Pentagon); Deputy Legal Advisor and Speechwriter to the Deputy Chief of Naval Operations for Plans, Policy, and Operations (Pentagon). His operational deployments have included: Chief of Operational Law to Commander, Joint Support Force – Japan, deploying to Yokota Air Base, Japan, in direct support of Operation TOMODACHI, for humanitarian assistance and disaster relief after the March 2011 earthquake, tsunami, and nuclear disaster; Chief of Operational Law to Commander, Multi National Force – West / II Marine Expeditionary Force (Forward), deploying to Al Anbar Province, Iraq, as part of the 2007 troop surge, in direct support of Operation IRAQI FREEDOM; Assistant Legal Advisor to Commander, Kosovo Force, NATO, deploying to Pristina, Kosovo, in direct support of Operation JOINT GUARDIAN; Legal Advisor to Commander, Amphibious Squadron ELEVEN, embarked aboard USS BELLEAUWOOD (LHA-3) and deploying to the Western Pacific in support of Exercise COBRA GOLD (Thailand) and other theater engagement events; and Assistant Legal Advisor to Commander, Carrier Strike Group FIVE, embarked aboard USS INDEPENDENCE (CV-62) and deploying to the Arabian Gulf in support of Operation SOUTHERN WATCH (Iraq). 45 He served previously as the International and Operational Law Division Head and Instructor at the U.S. Naval Justice School, Newport, Rhode Island, where he taught international and operational law to judge advocates of all services, as well as Navy officers at the U.S. Naval War College, the U.S. Naval Submarine Officer School, and the U.S. Naval Chaplains School. Throughout his Navy career, he has spoken at international and U.S. academic forums, and has been published on matters related to the law of the sea, the law of airspace, the law of armed conflict, national security strategy, oceans policy, and homeland defense. He is a Fleet Marine Force Qualified Officer. His personal awards include: the Defense Meritorious Service Medal (two awards), the Meritorious Service Medal (two awards), the Navy Commendation Medal (four awards), the Joint Service Achievement Medal, and the Navy and Marine Corps Achievement Medal (three awards). He earned a Bachelor of Arts degree with Distinction from Duke University with a major in History, a Juris Doctor degree from Wake Forest University, and a Master of Laws degree with Distinction from Georgetown University (earning the Chetwood Prize for the highest academic average). He received the Judge Advocate Association’s 2015 Career Armed Services Attorney Award for a “record of outstanding professional accomplishments, service to community, service to the legal profession, and development of subordinates.” Amb. DANG DINH QUY Diplomatic Academy of Vietnam (DAV) Amb. Dr. Dang Dinh Quy is the President of the Diplomatic Academy of Vietnam, Ministry of Foreign Affairs of Vietnam. From 2008-2010, he took the position of Vice President of the Diplomatic Academy of Viet Nam and Director General of Institute for Foreign Policy and Strategic Studies. He served as the Minister Counselor and Head of Political Session at the Embassy of Viet Nam to the United States from 2003 to 2007. Additionally, he served as the Deputy Director General of the Department of Policy Planning in Viet Nam from 2002 to 2003. From 1999 to 2002, Mr. Dang held a variety of positions at the Department of Economic Affairs, including Deputy Director, Assistant Director General and Head of Division. He also worked for the Department of Middle East and Africa as a 46 Middle East Desk Officer from 1991 to 1995. He obtained a PhD in Early Modern History Studies from the Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences in 2012. He has written extensively on foreign policy and international relations in Asia-Pacific. Dr. LE QUY QUYNH Ministry of Foreign Affairs of Vietnam Dr. Le Quy Quynh is the director general of the Marine Affairs Department of the National Boundary Commission of the Vietnam Ministry of Foreign Affairs. Previously, he worked as a commander of Vietnam Navy Ship. In addition, he served as the deputy director general of the Economics Department of the Vietnam Ministry of Foreign Affairs from 2004 to 2007 and as the consul general of Vietnam in Ekaterinburg, Russian Federation from 2007 to 2011. Dr. Quynh holds a degree in Navigation Engineering from Bacu Maritime University of the Former Soviet Union, a Master’s degree from the Naval Academy of Former Soviet Union, a Master of Science in Maritime Administration from the World Maritime University in Sweden and a Ph.D. in International Law from Hanoi National University of Vietnam. Prof. CARL THAYER The University of New South Wales, Australian Defence Force Academy Email: [email protected] Carlyle A. Thayer is Emeritus Professor, The University of New South Wales at the Australian Defence Force Academy, Director of Thayer Consultancy, and Defence and Security columnist for The Diplomat. He was educated at Brown, holds an M.A. in Southeast Asian Studies from Yale and a PhD in International Relations from The Australian National University. Professor Thayer has held senior appointments at the Centre for Defence and Strategic Studies at the Australian Defence College, Australian Command and Staff College (2002-04), and the Asia-Pacific Center for Security Studies, U.S. Pacific Command (1999-02). He was the C.V. Starr Distinguished Visiting Professor at the School of Advanced International Studies at Johns Hopkins University (2005) and the Inaugural Frances M. and Stephen H. Fuller Distinguished Visiting Professor at Ohio University (2008). Since 2009 he has presented academic papers on the South China Sea to thirty-five international conferences in Cambodia, Canada, China, Indonesia, Japan, Macau, Malaysia, the Philippines, Russia, Singapore, Taiwan, the 47 United States and Vietnam. He is the author of over 500 publications includingIndirect Cost Imposition Strategies in the South China Sea:U.S. Leadership and ASEAN Centrality(Washington, D.C.: Center for New American Security, April 2015) and “New Strategic Uncertainty and Security Order in Southeast Asia,” in Elena AttanassovaCornelis and Frans-Paul van der Putten, eds.,Changing Security Dynamics in East Asia: A Post US-Regional Order in the Making? (London: Palgrave Macmillan, 2014), 127-146. Dr. TRAN TRUONG THUY The Foundation for East Sea Studies (FESS) Email: [email protected] Dr. Tran Truong Thuy is Director of the Foundation for East Sea Studies (FESS) and concurrently Deputy Director General of Bien Dong Institute at the Diplomatic Academy of Vietnam (DAV). Before joining the DAV, he worked as a policy analyst at the Ministry of Foreign Affairs of Vietnam. His research is focus on regional security and maritime issues in Asia. He has written quite extensively on maritime issues and contributed several reports and policy recommendations on the South China Sea issues. He is editor and co-author of Power, Law and Maritime Order in the South China Sea (Lexington, 2014) and (with John Jenner) of The South China Sea: Sovereignty-based Conflict or Regional Cooperation? Cambridge University Press (forthcoming). Mr. ANTON TSVETOV Anton Tsvetov is the Media and Government Relations Manager at the Russian International Affairs Council. With a BA in Area Studies and an MA in Russia’s Foreign Policy and Diplomacy his background lies in research coordination, editing and dissemination. At the start of his career in the Council he managed several projects dealing with Russia’s relations with China, Japan, South Korea and India. Russian International Affairs Council (RIAC) Email: [email protected] In his current position Anton oversees RIAC's activities in promoting research outcome to stakeholders in the government, businesses, media and the general public. His responsibilities include navigating the Russian and global media landscape, shaping the Council’s public image and facilitating collaboration with other think tanks. Anton participates in academic conferences and public 48 discussions on matters of Russian foreign policy, Asian affairs, research communication and policy influence via means of academic publications, online and print media, including the The Diplomat, RIAC website, Russia Beyond the Headlines, Russia Direct, Lenta.ru and Nezavisimaya Gazeta. Prof. ROBERT G. VOLTERRA Volterra Fietta Email: [email protected] Robert has been recognised for many years in the global legal directories as one of the world's top public international law practitioners. He is qualified as a barrister in Canada and as a solicitor-advocate in England and Wales. He advises and represents governments, international organisations and private clients on a wide range of contentious and non-contentious public international law and international dispute resolution issues, including international boundaries, sovereign immunities, the Law of the Sea, transboundary resources and bilateral investment treaties. He regularly acts as coagent, counsel and advocate before the International Court of Justice and ad hoc international arbitration tribunals, including under the Permanent Court of Arbitration, ICSID, ICC, SCC, LCIA, UNCITRAL, WTO and UNCLOS rules. He regularly sits as an arbitrator in ICSID, UNCITRAL, ICC, SCC and LCIA arbitrations. Robert's practice focuses on the resolution of complex disputes and evolving issues in the field of public international law. He is sought by clients globally to defend their interests in bet-the-country and bet-the-company disputes. He is the go-to public international law practitioner for cases dealing with novel and cutting-edge topics. His cases are widely referenced in public international law text-books and journal articles; they are cited and relied upon extensively as precedents and guides by domestic and international courts and tribunals. Robert combines being a seasoned practitioner with being a thought-leader in the field of public international law. He has been a Visiting Professor of International Law at University College (UCL), University of London, where he teaches the international law of foreign investment, for almost twenty years. He is a Visiting Senior Lecturer at King's College, University of London, where he has taught the international law of boundary disputes for several 49 decades. He is invited to lecture on a variety of public international law topics in Europe, the Americas, Africa and Asia. He publishes regularly. He is on the International Law Advisory Board of the British Institute of International and Comparative Law. He is on the Management Board of the Investment Treaty Forum. He is a member of the ICC Latin American Arbitration Committee. He is on the Expert Panel for States of UNCTAD's Programme on Dispute Settlement in International Trade, Investment and IP. He is a Legal Expert on the Energy Charter Secretariat's Legal Advisory Task Force. Legal 500 2015 ranked Robert as one of the top practitioners in public international law around the world. Chambers & Partners 2015 ranked Robert in the top tier of individual practitioners globally. Over the years, these two directories have recorded that Robert is described by clients and peers as follows: “a fantastic lawyer”; “very smart”; “a tenacious advocate”; “combines commercial and public international law experience”; “a ‘phenomenal lawyer’”; “both an excellent lawyer and an excellent team leader”; “great breadth and depth, with strength in international arbitration, border, treaty, and investor/state disputes”; “a pre-eminent PIL specialist”; “widely acknowledged as a leader in public international law arbitrations”; “highly recommended”; “a star player”; “a leading reputation”; “a thorough and analytical approach”; “a brilliant and open approach”; “excellent ability to communicate legal proceedings to foreign clients”; “a wellknown and celebrated practitioner”; “expertise in investment arbitrations as well as traditional PIL matters”; “a venerated figure”; “formidable”; “market leader”; “topclass practitioner”; “a global player”; “a brilliant PIL lawyer - strong and astute”; “well liked as an advocate”. Legal Business’“Legal Experts" has ranked Robert as “highly recommended” and one of the “leading lights” in the field of international arbitration and litigation for the past 10 years. International Law Office (ILO) Client Choice Awards 2013 named Robert as its winner in the Public International Law category. 50 Captain (ret.) SUKJOON YOON The Korea Institute for Maritime Strategy Email: [email protected] Sukjoon Yoon is a Navy Captain, Republic of Korea Navy (retired), and is currently senior research fellow of the Korea Institute for Maritime Strategy (KIMS). Before joining KIMS, Captain Yoon’s more than thirty years of commissioned service include several command and staff appointments. He has been director of maritime strategy studies at the Naval War College, commanding officer of the ROKS WONSAN, director of N-5 policy division, ROKN Headquarters and adjunct professor of the Center for Chinese Studies, the KNDA, MOFA, ROK. He holds a Ph. D in international politics from Bristol University UK. He has written on a broad range of Asian Maritime Security issues. His recent works include Sukjoon Yoon, “Korea-China Maritime Boundary Talks: Implications for South China Sea,” RSIS Commentary, No. 089, 13 April 2015: Sukjoon Yoon, “Why is China Militarising the South China Sea?” RSIS Commentary, No. 113, 11 may 2015: Sukjoon Yoon “Implications of Xi Jinping’s True Maritime Power: Its Context, Significance, and Impact on the Region,” U.S. Naval War College Review, Vol. 68, No. 3, Summer 2015; Sukjoon Yoon, ‘The Abe’s Apology: A South Korean Perspective,’ The Diplomat, 23 August 2015; Sukjoon Yoon, ‘China’s WW2 Ceremony: Why President Park is Attending,’ RSIS Commentary, No 136, 28 August, 2015; Sukjoon Yoon, “Xi Jinping’s Vision for a True Maritime China: Enhanced Capability Requirements for its Maritime Forces and the Implications on Regional Maritime Security,” The 8th KIMSCNA Conference on Maritime Security, 4∼5 November 2015 held in Seoul, Korea. Ms. YANMEI XIE Yanmei Xie is International Crisis Group’s Senior Analyst of Northeast Asia based in Beijing. She joined the Crisis Group in 2012, focusing on China's foreign policy and its impact on conflict and potential conflict situations. Areas of Expertise: China-Japan relations China’s policy towards North Korea South China Sea maritime disputes. 51 International Crisis Group Email: [email protected] Professional Background: Prior to joining the Crisis Group, she worked as a journalist in Washington DC for C-SPAN, the Capitol News Connection, Fox News and the McGraw Hill Co., covering the Congress and presidential elections. Before moving to the United States, she was an international news producer at the China Central Television. Yanmei graduated from the Chinese Foreign Affairs University majoring in English and International Relations. She also has a master of art in mass communications from Miami University and a master of science in finance from George Washington University. Yanmei was born and grew up in a small town in Sichuan Province, Southwestern China. She loves rock climbing, biking, skiing and surfing. 52 EXECUTIVE SUMMARIES OF PAPERS TOPIC I: DEVELOPMENTS IN THE WORLD AND ITS IMPLICATIONS FOR THE SOUTH CHINA SEA Developments in the World and Its Implications for the South China Sea: Balance of Powers Prof. Brahma Chellaney International maritime challenges are being fundamentally transformed by new technological and geopolitical realities, the rise of unconventional threats, and the shifts in trade and in energy markets. There are real threats to maritime peace and security from the changing great-power equations, recidivist policies on territorial or maritime disputes, and the competition over natural resources and geopolitical influence. At the root of new tensions are often attempts to unilaterally change territorial and maritime status quo. Respect for existing land and sea frontiers and deference to international norms are a prerequisite to peace and stability in any region. I.1 Nowhere are the maritime challenges greater than in the South China Sea, a relatively shallow but strategically crucial body of water through which $5 trillion in trade flows every year. As outside and local powers joust for access, control, influence and relative advantage in the region, a new Great Game is unfolding in the South China Sea. Sovereignty claims, resource-related competition, naval buildups and rising nationalism have fueled maritime tensions and threats to freedom of navigation in the South China Sea, with its crowded sea lanes becoming more contested and vulnerable to serious incidents. The South China Sea is important for states located beyond that region, not just because their trade and energy interests might be at stake but also because what happens there will impinge on balance of power in Asia and maritime security across the globe. For example, developments in the South China Sea are critical to the contest for influence in the larger Indo-Pacific region, which extends from the Pacific Ocean to the Indian Ocean, with the South China Sea connecting the two oceans. The growing importance of maritime resources and sea lanes, as well as the concentration of economic boom zones along the coasts, has made maritime peace and security more critical than ever for the South China Sea and the wider Indo-Pacific region. This underscores the importance of diplomacy and international law, as well as a comprehensive and binding code of conduct, to regulate economic, military and land-reclamation activities in the South China Sea, the world’s newest maritime hotspot. 53 I.2 The European Concept of Balance of Power in the South China Sea: What is the Role of the Middle Powers? Captain (ROK Navy Ret.) Sukjoon Yoon The most contentious geopolitical issue in East Asia concerns the roles and responsibilities of the great powers: should regional maritime security be based upon the concept of a European-style balance of power, established within a framework of local and sub-regional balances, or should the most important determinant be the balance of power in the international system as a whole. The debate between the supporters and opponents of implementing the European concept of power balance in East Asia has been inconclusive, and so far it has not been applied to the zonal maritime areas, such as the Exclusive Economic Zones (EEZs). There are several reasons for this failure: the concept of the nation-state has shallow roots in East Asia, there is widespread and fundamental prejudice and distrust, and most importantly, the region has been disrupted by the collision and competition of the two great powers. Recent confrontations between China and the US in the South China Sea (SCS) have posed a strategic dilemma for the other countries of the region, whose primary interest is in preserving stability. It seems obvious that the geostrategic aims of the great powers are in tension with efforts to maintain the status quo in the SCS, so what are the best policy options to reconcile the great powers and the regional states, and how can they all be brought squarely within the remit of the rule of law? In practice, a way must be found to cope with the long-standing prejudices and distrust which pervade the region. An intelligent approach to improving regional stability must rely upon the middle powers establishing comprehensive maritime security partnerships between them: only thus can they protect their individual maritime interests and sovereignty, otherwise the great powers will continue to treat the East Asia Seas as primarily a theater for playing out their geopolitical rivalry. The concept of Asia-Pacific Region Maritime Confidence Security Building Measures (APRMCSBM) is the only productive rule-of-law approach available: the primary aims being to preserve freedom of navigation, to ensure the free flow of commerce, and to uphold international law; the peace and prosperity thus secured will benefit the whole region, not just the middle powers themselves. I.3 I.4 A Chinese Perspective on Cooperation in South China Sea Dr. Shen Dingli International Hotspots: China’s Strategy of Deterrence and Legitimacy in the South and East China Sea Disputes Prof. Liselotte Odgaard China uses a foreign policy strategy that involves presenting China’s actions as driven by deterrence and legitimacy demands. Beijing’s implementation of the 54 deterrence element of its strategy in the South and East China Sea involves enhancing its law enforcement, navy and air force capabilities, responding to what Beijing sees as challenges to its sovereignty with means that are presented as deterrents of further challenges, and communicating China’s willingness to use force, if necessary, to defend its alleged rights to sovereignty and maritime zones. However, because sovereignty and maritime jurisdiction is disputed in the South and East China Sea, China’s claim to use deterrence is interpreted by the U.S. as unlawful use of force against neighboring states to defend claims that have not been assessed as legitimate. Beijing needs to make convincing arguments that its claims are legally legitimate to persuade the surroundings that China is indeed pursuing deterrence rather than aggression.Legal grey zones imply that Chinese practices compete for legitimacy with alternative interpretations. I.5 The evolving maritime security architecture in the Asia-Pacific and its implications for conflict management in the South China Sea Dr. Nguyen Nam Duong While the South China Sea conflict escalates quickly in recent years, conflict management processes seem to be unable to keep up with the fast changing situation. These processes, notably the DOC/COC, have existed for a while but progressed too slowly to be practicable. Even if the COC could be concluded in the time to come, it might not be sufficient to achieve the goal of ensuring maritime security in the region. While more significance should be attached to the DOC/COC than ever, it needs to be accompanied by other complimentary processes so as to ensure its efficiency and workability. This paper is of the view that the existing conflict management processes, especially the DOC/COC, need be embedded in a broader regional maritime security architecture (RMSA) so as to acquire a higher degree of feasibility and efficiency. The evolving RMSA includes all existing institutions for maritime security cooperation in the region. Each of the institutions deals with different aspects of maritime security, and they together make up a bigger architecture in monitoring regional maritime issues. Notably, all of these instruments support the DOC/COC, by not only consistently calling for full implementation of DOC and early conclusion of COC, but also by upholding DOC/COC principles such as UNCLOS, freedom of navigation and overflight, the responsibility to manage disputes through peaceful negotation, non-use of force, among others. Such a maritime security architecture in the AsiaPacific could serve as the regional platform for dialogue and cooperation among not only the conflicting parties and but also related stakeholders who have vested interests in maintaining the stability of the region’s maritime system. Being built upon and assured by this region-wide platform, existing efforts aimed at managing disputes in the South China Sea such as the DOC/COC process would have more chance of success and could deliver tangible results such as a higher level of trust among the parties and a political commitment to peaceful settlement of maritime disputes. 55 TOPIC II: DEVELOPMENTS IN AND AROUND THE SOUTH CHINA SEA Status-quo on the Sea: Examining reclamation and building activities Ms. Rukmani Gupta II.1 Land reclamation activities undertaken in the South China Sea enable various parties to increase their presence in the region and reassert their claims. Reclamation may have been viewed as less contentious method than creating completely new facilities for retaining control over maritime features in the past. However, a review of recent efforts by various countries in this regard illustrates the danger inherent in continued building activities. Resolve for such activities is tempered by access to resources in the form of man-power, capital and technology. It is therefore unsurprising that reclamation activities by some states are more intensive than others. Although under UNCLOS 60(8), artificial installations do not have the same status as islands neither affecting a state’s territorial sea boundary, EEZ, or continental shelf boundary; reclamation work is steadily paving the way for changing the status quo on the sea. The South China Sea and China’s nuclear deterrence strategy Dr. Mathieu Duchatel II.2 This paper contributes to the ongoing discussion on whether military security concerns explain China’s policy in the South China Sea. In particular, it discusses whether the South China Sea is perceived as a vulnerability for the nuclear deterrence strategy of the People’s Liberation Army. Recent academic research has shown that a variety of policy actors were influencing the decision-making behind China’s foreign and security policy. These actors have different interests and priorities. If the PLA has a distinctive interest to counter a perceived security vulnerability, this would help explain Chinese recent actions in the disputed maritime territories, which have so far widely been interpreted as motivated by territorial sovereignty, domestic politics and geopolitics. The paper argues that Chinese military activities in the SCS are likely to be determined in part by the vulnerability of its nuclear submarines. It suggests that tensions in the SCS should be seen through a wider lens than just a buildup of conventional weaponry, and any de-escalation may require a nuclear arms control component. Overall Developments in the South China Sea II.3 Prof. Herman Joseph S. Kraft The situation in the South China Sea has always been described as a potential hotspot since the disputes between multiple claimants to the land features and 56 the surrounding water therein intensified in the late 1980s. This has perhaps never truer in the last ten years when the status quo of a “live and let live” situation was largely shaken by Chinese actions undertaken in response to what the Chinese government claimed were violations by other claimant states of that “live and let live” regime based on the ASEAN-brokered Declaration on the Conduct of Parties in the South China Sea (DOCS). Whether or not these Chinese actions were justified, these have turned what used to be a “potential” hotspot into a crisis-prone situation. What makes the situation more dangerous is the overarching context of the intensifying competition between China and the United States. This rivalry is being played out in the South China Sea area with China warning the United States not to interfere in matters that should not concern it. The United States has argued, however, that China’s actions have threatened the freedom of navigation in the area – a prime concern of the United States. Also key to the situation is the alliance between the United States and the Philippines, one of the countries whose territorial claim in the area has been a focal point of China’s actions in the area. The Philippines has challenged China’s actions by submitting a case to the International Court of Arbitration – a course of action which has led to a further intensification of China’s assertion of sovereignty over the area. Efforts to reduce tensions are being undertaken in multilateral fora, particularly with the Association of Southeast Asian Nations (ASEAN). Overall, however, the situation in the South China Sea has become more prone to crisis in recent times, and the overarching context of intensifying great power rivalry does not help create confidence in the prospect of a peaceful resolution to the issue being found. Overview of Maritime Delimitation and Joint Development in The South China Sea Dr. Le Quy Quynh II.4 The South China Sea has strategic importance to not only countries surrounding the sea but also other countries in the world. Because of its important geopolitical location, the South China Sea has became one of the hottest spots in the world with conflicting claims over land features and maritime spaces. Most of the nations would like to maximize their maritime claims from a territory, it leads to the fact that there exist the conflicting maritime claims. In the South China Sea, the claims of coastal states overlap with that of each other and therefore, the areas formed by these claims need to be delimited or agreed for joint development. However, the claims must based on the principle “the land dominates the sea” and must be mutually accepted by the other states as the legally reasonable claims. This article will review current issues of the delimitation and joint development in the South China Sea. 57 TOPIC III: OVERALL SITUATION IN THE SOUTH CHINA SEA AND POLICY OF PARTIES Disputes in the South China Sea, Major Powers’s Interactions, Small States’ Predicament Prof. Nguyen Manh Hung III.1 Disputes in the South China Sea involve two set of islands. In the Paracel Islands, it is the dispute between Vietnam and China. The Spratly Islands have six claimants: Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam. While conflict in the Paracel Islands is a bilateral issue, conflict in the Spratly Islands is a regional issue. However, because the South China Sea covers a vast expanse of water through which over 5 billion worth of commercial trade pass, conflict in the South China Sea can have a serious consequence for peace and security in one of the most strategically important area of the world it is, therefore, also an international issue drawing in the involvement of the major powers of the world. This paper is designed to: 1) present a brief background to the South China Sea conflict; 2) examine the actions and interactions among claimants; 3) describe the reasons for and consequences of major powers interactions in a complex context combining the normal competition for power and influence between major powers and the global transitional process between a rising power and a status quo power; 4) review current proposals to keep the disputes under control; and 5) analyse the prospects of successful management of the conflict. III.2 South China Sea Dispute and Game between Main Powers Dr. Xue Li Stability and Rule of Law in the South China Sea: A U.S. Perspective Dr. Patrick M. Cronin III.3 III.4 Dr. Cronin argues that growing tensions in the South China Sea are threatening to arrest one of the most significant developments in modern history: namely, the rise of Asia and the largely U.S.-created order in which stability and prosperity rest. China’s continued increase in defense spending poses a challenge for the U.S. as allies and partners will increasingly question America’s ability and willingness to project power. He provides key recommendations for U.S. policymakers to counter potential regional instability and realize a vision of an inclusive, stable, and rules-based order. Major Powers Interaction in the South China Sea: Japanese Perspective Dr. Ken Jimbo 58 Russia and the South China Sea: Strategic Context and Opportunities for Constructive Engagement Mr. Anton Tsvetov III.5 Though the reasons for Russia’s Asia pivot are widely disputed, the fact itself is rarely doubted. However, in the practical sense the scope and scale of this rebalance has been somewhat limited and the South China Sea issue has not been given due attention by Moscow. At the same time Russia has a set of both declared and undeclared interests deeply connected to a peaceful resolution of the territorial disputes in the region. In order to pursue these interests, Moscow will have to come up with an updated policy on the South China Sea and address some of the contradictions existing in the current policies, as well as face serious dilemmas in managing differences between two of its strategic partners – China and Vietnam. Strong limitations for Russian engagement in the South China Sea still remain and not all of them can be reduced in the near future. TOPIC IV: INTERNATIONAL LAW The Role of International Law in the South China Sea Disputes Prof. Alex Oude Elferink IV.1 International law figures prominently in any discussion concerning the South China Sea disputes. International law provides a tool for determining which of the claimant States has sovereignty over the disputed islands and contains rules for determining the maritime entitlements of the disputed islands and thee delimitation of these entitlements with those of the coasts surrounding the South China Sea. Most of the analysis in relation to international law focusses on determining the content of the applicable law and how it should be applied in the context of the South China Sea. The presentation instead proposes to focus on how international law is argued by the parties to the South China Sea disputes. In this connection particular attention will be paid to the pending arbitration under the United Nations Convention on the law of the sea between the Philippines and China. Historic Concepts Vs. Other Maritime Regimes in the South China Sea Dr. Nong Hong IV.2 China’s historical claim in the South China Sea based on the ‘U-shaped line’ overlaps with the claims to EEZ and continental shelf areas of other clamant states. In China’s view, a claim derived from historic rights may seem more forceful and valid in law than claims simply based upon the EEZ concept. While 59 Chinese scholars tend to believe that the historic concept is still relevant in international law and lots of researches have been conducted on ‘historic rights’, western scholars do not seem to be on the same page. Since there are no definitive rules in international law, which govern the status of maritime historic rights, China’s claim is not a violation of international law. Similarly, since there are no such rules, it is doubtful whether China’s claim could be established in international law. This remains a critical research question for scholars. Unreliable evidence and the South China Sea problem Mr. Bill Hayton IV.3 There has been a rapid expansion of published writing on the South China Sea disputes but relatively little exploration of the disputes’ historic roots. Recent archival research has unearthed evidence that casts doubt over much of the received wisdom about the emergence of territorial claims there in the first half of the 20th century. A close examination of the sources and references of many of the standard works on the disputes suggests that they are unreliable bases from which to draw reliable conclusions. A dependence on Chinese official sources and Chinese newspaper articles published long after the events they describe has led authors to mistake a number of tendentious assertions as historical fact. Most of the accounts rely on a relatively small number of works published in the 1970s and 1980s. These reflect the state of knowledge about the issues at those times. The consequence is that contemporary debates about the disputes are being framed by the parameters set 40 years ago. Requirement for an Ocean Governance Framewok for The Protection of Environment and Biological Resource in the South China Sea for Sustainable Development Dr. Vu Thanh Ca IV.4 Besides its importance in term of maritime transportation, rich in oil and gas reserves and other mineral resources, the South China Sea is also very rich in the biological resource. As a semi-closed sea on a wide area with different climate regimes, the SCS can be considered as one of the centers of biodiversity of shallow seas in the world. With its natural resources, the SCS has provided goods and services for socio-economic development at surrounding countries. Many countries surrounding the SCS, such as Indonesia, China, the Philippines, Cambodia and Vietnam have a large population dependant on fishing. However, nowadays, fishery resource in the SCS has been seriously depleted by overfishing, illegal fishing, destroying ecological systems and habitats, invasive species, land reclamation etc. The SCS environment is also seriously degraded due to land base pollution loads and sea born wastes, and due to unregulated use and exploitation of natural resources, or use and exploitation of natural resources not following rational planning. Territorial disputes also worsen the problem due to 60 uncooporation between disputing countries. Island reclamation, especially that by China in the Spratlys Islets, has destroyed very valuable coral reefs, the most important marine ecological system and habitat, and significantly contribute to the degradation of biodiversity and depletion of fishery resource. The excessive claim of rights within the U-shaped line of China also causes more fishing competes in the sea and more fishery degradation. As seas are interconnected, marine pollution can propagate rapidly and impact on a wide scale, even cross many countries. Many species of marine animals can migrate to a large scale, or entire the world ocean. Thus, to protect marine ecological systems and biodiversity, it is necessary to have the problems solved on an entire ecological system. Therefore, to protect fishery resources and environment of the SCS, besides mechanisms for coordinating and cooperating activities of different branches and local governments in a country, it is necessary to have a mechanism for coordinating activities of countries surrounding the SCS. Thus, it is necessary to apply the ocean governance and develop and implement integrated ocean governance policies for the SCS. The governance will create a common framework for management and is established from international conventions, agreements on maritime activities and on the use and exploitation of natural resources, conservation and protection of marine environment and ecological systems for socio-economic development. There are many international conventions that can be used for development of the governance in the SCS for sustainable development, such as United Nation Convention on the Law of the Sea (UNCLOS), Convention on biodiversity (CBD), United Nation Framework Convention on the Climate Change (UNFCCC), Marpol 73/78 Convention etc. Some existing mechanisms such as the Coordinating Body on the Seas of East Asia (COBSEA) or Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) are effective for coordinating and cooperating different countries in the Seas of East Asia. However, these mechanisms are only solving nearshore problems and avoid any issue relating to territorial disputes and ecological and environmental issues relating to disputed islets. On the other hand, issues relating to high sea and at the disputed islets have vital roles for conserving the environmental, biodiversity and fishery resource in the SCS. Therefore, to protect and conserve environment and fishery resources, it is necessary to establish an international governance mechanism which can manage issues relating to marine environment, biodiversity and fishery resources in entire SCS, especially in the high sea and disputed islets. Also, countries surrounding SCS must use international laws, especially UNCLOS for determine sea area under sovereignty and jurisdiction. TOPIC 5: INTERNATIONAL LAW (CONT.) 61 The State obligation to exercise self-restraint, no threat and no use of force in undelimited maritime areas under Articles 74(3) and 83(3) of UNCLOS Prof. Robert G. Volterra V.1 UNCLOS envisages that the delimitation of maritime boundaries will be the result of, first and foremost, agreement and, if not, then by third party dispute resolution. In the interim period before States have reached agreement on the delimitation of their maritime boundaries (or where their determination by a tribunal is pending), States are under an obligation to exercise self-restraint and to try to cooperate in relation to the disputed maritime area. To this end, Articles 74(3) and 83(3) represent a compromise between promoting hydrocarbon exploitation activities in a disputed maritime area and preventing unilateral activities there pending its delimitation. They set out legal rules of conduct that are compulsory and directive. Self-restraint and cooperation are critical components of an inter-State normative framework for stability and security. This presentation considers the meaning and scope of those obligations. A “Rules-Based Approach” to Enhance Maritime Safety in the South China Sea Prof. Jonathan Odom V.2 The South China Sea situation is a complex problem in which there is no single solution.Consequently, the involved nations (i.e., claimants and non-claimants) need to explore ways to manage the overall problem by addressing particular aspects of the situation. One significant aspect of the South China Sea situation is the myriad of risks, which include the risk of collision between ships and aircraft of the involved nations and the risk of an encounter escalating due to a misunderstanding. These risks can be mitigatedif all nations follow a “rulesbased approach” in the effective application of existing international standards of behavior.These international standards include the Convention on the International Regulations for Preventing Collisions at Sea (COLREGs) and the Code for Unplanned Encounters at Sea (CUES). As reflected in Article 94 of the U.N. Convention on the Law of the Sea, each of involved nations hasa duty in international lawto ensure that its government and non-government vessels flying its flag adhere to the existing international standards of behavior for safety of navigation.All nations need to effectively implement these international standards of behavior into their national laws and regulations, and take necessary steps to ensure that their flagged vessels and embarked crews adhere to those standards.Such actions will reduce risk, enhance safety, and build confidence between the involved nations. International Law: Rights and Obligations on Search and Rescue V.3 Mr. Abd Rahim Hussin During the last decade or so, the world have seen major air and maritime 62 accidents and disasters including the issue of migrants stranded or their vessels capsized at sea which resulted in thousands of lives loss. Even though international legal framework and mechanism for search and rescue (SAR) are already in place, efforts on saving lives of people’s distress at sea remain far from satisfactory. Amongst others, the capability and capacity of States to provide SAR response as obligates under the international convention are still much to be desired. This paper aims to review and assess whether parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), International Convention on Maritime Search and Rescue 1979 (SAR Convention) and other related conventions have indeed adequately make efforts in strengthening coordination and cooperation on maritime and aeronautical search and rescue. Major incidents such in as the missing Malaysia Airlines flight MH 370 in April 2014, also gave rise to the need of shared responsibility for international search and rescue operations which cover a very wide area. Issues pertaining to search and rescue are also hampered by regional tensions and mistrust whereby some states are not willing to share information thus, resulting in delays. Finally, the paper assess the extent to which International obligations have been upheld by parties which ratify the conventions. A model regional cooperation on search and rescue i.e the Artic Council are briefly taken note to see its applicability for the region in the context of strengthening search and rescue in this part of the world. The Prospects for the Sino-Philippine Arbitration on the South China Sea (UShaped Line) Dispute Prof. Michael Sheng-ti Gau V.4 The Sino-Philippine Arbitration on the South China Sea (SCS) Disputes is coming to a critical stage. So far all the academic papers commenting on the SCS Arbitration have been focusing on the jurisdiction issues of the Tribunal over the disputes submitted by the Philippines, as well as the admissibility issues concerning the claims presented by the Memorial. A critical but ignored issue is the consequences of withholding those Sino-Philippine SCS (un-submitted) core disputes by the Philippines. Would these consequences undermine the effectiveness of the award of this Arbitration? To what extent will such consequences affect the Sino-Philippine relations in the SCS after this Arbitration is over? Having completed an in-depth research on this issue, the author concludes that Philippines’ partial submission of its multi-layered SCS disputes with China will turn the award of this Tribunal totally useless in terms of resolving the confrontations between the Parties indicated by Philippines’ Memorial. It concerns the Tribunal when approaching the stage of producing the first award on the jurisdiction and admissibility issues for this case. This paper advises the Tribunal to apply Article 27(2) of its Rules of Procedure and to terminate the arbitral proceedings as its continuation is unnecessary due to such inefficacy of the award in the merits phase. 63 TOPIC VI: THE WAY FORWARD Preparing for Post-Arbitration Scenarios Dr. Jay Batongbacal VI.1 With the conclusion of oral arguments by the Philippines during the jurisdictional phase of the Annex VII arbitration it initiated against China, the arbitral tribunal announced that it will endeavor to make a decision on the issues of jurisdiction and admissibility before the end of 2015. This paper will attempt to anticipate the range of possible decisions that the tribunal might make in order to identify the potential scenarios and directions that the SCS disputes will take in the immediate future, and determine options that the claimant countries may have in response to the situation. The Code of Conduct in the South China Sea and Beyond Prof. Carl Thayer VI.2 VI.3 VI.4 In August 2015, ASEAN Foreign Ministers noted that the 9th ASEAN Senior Officials Meeting “agreed to proceed to the next stage of consultations and negotiate the framework, structure, elements as well as to address crucial, difficult and complicated issues relating to the proposed COC[Code of Conduct in the South China Sea].” Are we about to see the conclusion of a binding COC thirteen years after ASEAN and China committed themselves to “to work, on the basis of consensus, towards the eventual attainment of this objective”? It seems highly unlikely because China insists that the 2002 Declaration on Conduct of Parties in the South China Sea (DOC) be fully implemented first. This paper canvasses what are the likely “crucial, difficult and complicated issues” that remain to be resolved. The paper argues that ASEAN should pursue its own dual track approach to managing tensions in the South China Sea. First, ASEAN mustcontinue to pursue its consultations with China on the COC. Second, in light of China’s construction of forward operating bases on its artificial islands, ASEAN should look beyond the COC and shore up the ASEAN Political-Security Community while at the same time drawing in the support of its dialogue partners. Only ASEAN unity and leadership will preserve its centrality in managing challenges to Southeast Asia’s security. South China Sea within Indo-Pacific Region Amb. Salman Al Farisi Joint Development in the South China Sea: Lessons from the Past and Future Prospect 64 Ms. Yanmei Xie Hydrocarbon resource exploration has been the cause of several incidents in the South China Sea in recent years. The most high-profileof them took place in 2014. Beijing deployed a deep-water drilling rig into waters disputed with Hanoi, causing an intense standoff at sea and violent anti-China protests in Vietnam in 2014. In 2010 and 2011, Chinese vessels clashed with Vietnamese and Philippine surveillance ships, fraying bilateral relations and regional stability.At the same time, joint-development of hydrocarbon resources has been held up, by China especially, as a means for confidence-building and dispute management. Despite verbal endorsement of the concept by all sides and a few attempts, jointdevelopment has not been successfully implemented. The paper analyses the political and economic drivers that push claimants to explore and develop hydrocarbon resources in the South China Sea, as well as the geopolitical, political, legal and technical obstacles for joint-development. It aims to provide pragmatic recommendations to mitigation risks, and remove or reduce the obstacles for joint exploration. TOPIC VII: SIMULATION: SETTLEMENT, DELIMITATION AND JOINT DEVELOPMENTS IN THE SOUTH CHINA SEA Proposal for Moving forward Prof. Robert Beckman Two significant developments have taken place in the past three years which have a significant impact on the disputes in the South China Sea. First, China has undertaken major reclamation works on several of the reefs it occupies in the Spratly Islands and has created large artificial islands that are several times larger than the largest natural islands in the Spratlys, thereby significantly changing the security balance in the South China Sea. VII.1 Second, the Philippines has instituted a case against China in accordance with the compulsory procedures entailing binding decisions in section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The Annex VII Arbitral Tribunal established to decide the case has determined that it has jurisdiction, and it is expected to render an award on the merits in 2016. The award of the tribunal will be legally binding on both parties, even though China as decided to follow a practice of non-appearance and non-participation in the case. The award of the Annex VII Arbitral Tribunal could play an important role in clarifying several legal issues relating the maritime disputes in the South China Sea disputes and could strengthen the legal position of the ASEAN claimants. However, the Tribunal cannot resolve the disputes to sovereignty over islands in the South China Sea because it has no jurisdiction to consider sovereignty claims. 65 Also, if the Tribunal decides that some of the islands in the South China Sea are in principle entitled to an exclusive economic zone (EEZ), the Award may produce significant areas of overlapping EEZ claims. However, the Tribunal will not be able to determine the maritime boundaries in the areas of overlapping claims because China has exercised its right to file a declaration under Article 298 of UNCLOS excluding disputes concerning the provisions on the delimitation of maritime boundaries from the jurisdiction of the Tribunal. In short, the underlying disputes in the South China will persist after 2016. They will not be able to be finally resolved except through negotiation between the parties. This presentation argues that the claimant States should begin now to cooperate to manage the sovereignty and maritime disputes in the South China Sea. It is premised on the assumption that it will not be possible in the foreseeable future to resolve the underlying disputes in the South China Sea – which State has the better claim to sovereignty over the islands, and how to delimit overlapping maritime boundary claims. This presentation argues that as a way forward, the claimant States should agree to “set aside the sovereignty and boundary delimitation disputes” and cooperate on matters such as sustainable management of fisheries, protection of the marine environment and marine scientific research. It argues that the claimants should also cooperate to prevent and manage potential threats to maritime security in the South China Sea. It further argues that cooperation should include a serious consideration of establishing joint development arrangements to manage and share the resources in defined areas in the South China Sea. The presentation examines the legal basis and rationale for such cooperation. It emphasizes that it is critically important from the outset to specifically provide that any discussions or negotiations on such cooperative arrangements are “without prejudice” to the final resolution of the sovereignty disputes and the final determination of maritime boundaries. VII.2 China Prof. Su Hao, Center for Strategic and Peace Studies, China Foreign Affairs University Philippines VII.3 VII.4 Prof. Jay Batongbacal, U.P. Institute for Maritime Affairs & Law of the Sea, University of the Philippines Malaysia Mr. Shahriman Lockman, Institute of Strategic and International Studies, Malaysia Vietnam VII.5 Dr. Tran Truong Thuy, Senior Research Fellow, Bien Dong Institute, Diplomatic Academy of Vietnam (DAV) 66 INDEX I: INFORMATION ABOUT VIETNAM People and Language The population of The Socialist Republic of Viet Nam is more than 87.7 million with an urban population consisting of about 30,6%. There are 54 ethnic minority groups living in Vietnam. The “Kinh” people (or “Viet”) accounts for nearly 90% of the population. Major ethnic minority groups include the Tay, Muong, H’Mong, Dzao and Khmer. Official language: Vietnamese Land & History The land of Viet Nam has an S shape with a total surface area of approximately 329,600 km2. Viet Nam is bordered by China to the north, Laos to the west, Cambodia to the southwest and the South China Sea to the east. Vietnam’s coastline is more than 3,260 km long. The land is divided into mountains, highlands, deltas, rivers and forests. The capital of Viet Nam is Hanoi. Climate Viet Nam has a tropical climate with lots of sunshine, high rainfall and high humidity. There are two distinguished seasons in general: the winter or dry season from November to April and the summer or wet one from May to October. Annual average temperature is usually high and ranging from 21 0C to 280C (69.80F to 84.20F). However, this may varies from the North to the South of Vietnam. Currency The currency is the Vietnamese Dong (VND). Foreign currencies can be exchanged at the banks, exchange bureaus or hotel reception desks. Travellers’ cheque and most of Credit Cards are widely accepted in major cities. 1 USD = 22.265 VND Time Time zone: GMT/UTC + 7. Business days: Monday to Friday. Business hours: Mornings: 08.00 – 12.00; Afternoon: 13.00 – 17.00. Public Holidays January 01: New Year’s Day. Late January to mid – February: Vietnamese Lunar New Year (04 days off). 67 April 30: Re-unification Day. May 01: International Labour Day. September 02: National Day. Food and Drinks There is a wide range of dishes in Vietnam, including the very popular traditional foods like spring rolls (“Nem”) and the Vietnamese noodle soup (“Pho”). They can be eaten with rice or noodles. Not all foods are spicy. Vegetarian foods, dietary and western menus are also widely served at many restaurants across the country. A rich variety of tropical fruits is also available but may vary depending on the season. Imported beers and alcohols are available at hotels, restaurants and shops. There are many Vietnamese brands or country wines made from rice. However, if you prefer to drink water, please use bottled mineral water, which has an unbroken seal. Do no ingest tap water that has not been boiled. Emergency numbers Police: 113. Fire Brigade: 114. First Aid: 115. 68 VUNG TAU CITY Overview Vung Tau is a seaside city of Ba Ria – Vung Tau Province in Southern Vietnam. With an area of 149.65km2, Vung Tau has a population of 322,873 habitants (in 2011). Vung Tau is the capital of the province since the province's founding, and is the crude oil extraction center of Vietnam. History During 14th and 15th centuries, the cape that would become Vung Tau was a swamp which European trading ships visited regularly. The ships' activities inspired the name Vung Tau, which means "anchorage". French colonizers called it "Cap Saint Jacques" ("Cap Xanh Giắc", in Vietnamese). The cliff of Vung Tau is now called Mũi Nghinh Phong (literally meaning "Cape of breeze welcome"). Vung Tau was originally referred to as Tam Thắng ("Three Boats") in memory of the first three villages in this area: Thắng Nhất, Thắng Nhị, Thắng Tam, within the province of Biên Hòa under the Nguyễn Dynasty. Under the reign of king Gia Long (1761–1820), when Malaypirates built a base here and subsequently became a danger to traders in Gia Định city, the king sent his army to crack down on the pirates. The pirates were ousted and the troops were given the land as a reward. 10 February 1859 marked the first use of cannons by Nguyễn's army, when they fired at French battleships from the fortress of Phước Thắng, located 100m from Vũng T{u's Front Beach. This marked an important period in Vietnam's war against French invaders in South Vietnam (then called Cochinchina). In 1876, according to a decree by the French colonialists, Vung Tau was merged in B{ Rịa county per Saigon's administration. During the 1880s there talks about moving Saigon's port facilities to Vung Tau, but this came to nothing due to Saigon's better infrastructure. On 1 May 1895, the governor of Cochinchina established by decree that Cap Saint Jacques would thereafter be an autonomous town. In 1898, Cap Saint Jacques was 69 merged with B{ Rịa county once again, but re-divided in 1899. In 1901, the population of Vung Tau was 5,690, of which 2,000 persons were immigrants from North Vietnam. Most of the town's population made their living in the fishing industry. On 4 April 1905, Cap Saint Jacques was made an administrative district of B{ Rịa province. In 1929, Cap Saint Jacques became a province, and in 1934 became a city (commune). The French governor of Indochina, Paul Doumer (who later became President of France), built a mansion in Vung Tau that is still a prominent landmark. Climate - Climate: Tropical monsoon - Annual average temperature: 26 – 28oC There are two distinct seasons: • Rainy season from May to October • Dry season from November to April - Sea-water: average temperature from 25 – 29oC; frequently with 32-35% salinity. Place of Interest There are many tourist attractions in Vung Tau, including several beaches and abundance of pagodas and temples, many leaning against the mountains and face the oceans. In Vung Tau City, there are Thuy Van, Chi Linh, Back, Front, and Dua beaches; Long Dien District has Long Hai Beach; Xuyen Moc District has Ho Tram, Ho Coc beaches. In Con Dao Island, tourists are able to swim in Dam Trau, Hon Cau, and Hon Tre beaches... then they can climb in Thanh Gia Mountain, Nho Mountain. Other popular places are Communal House of Dao Ong Tran, Ben Da Church, Bach Dinh vestige, Long Phuoc Tunnels, Minh Dam Revolutionary Area... and over one hundred Buddhist pagodas and temples such as Niet Ban Monastery, Thang Tam Communal House, Linh Son Pagoda, Dinh Co Temple. Located in the 90km southern part of Vung Tau, Con Dao Island has a dense forest, which is Con Dao National Park with rich flora and fauna. The sea in this area is the home of various valuable marine species. Especially, tourists have a chance of watching the turtle laying the eggs. It also used to host a convict prison during French colonial era, and later, during the American War 70 Besides these, tourists can participate in some traditional festivals as Dinh Co Festival, Nghinh Ong Festival (Welcoming the Lord Whale Festival), play golf or watch dog racing in Lam Son stadium in Vung Tau City every Saturday Transportation Vung Tau is about 125km from Ho Chi Minh City. It takes two and a half hours to reach Vung Tau by 51A Expressway. From Ho Chi Minh city to Vung Tau city and vice versa, there are many high quality coaches provided by different firms: Mai Linh coach, Hoa Mai coach, Thien Phu coach, Rang Dong coach… You can travel to Vung Tau from Ho Chi Minh city and vice versa by Hydrofoils. It takes 75 minutes to reach Vung Tau and there are hydrofoils every 1 hours, starting from 06:00 am to 17:00 pm. There are three companies offering hydrofoil services on the HCM City - Vung Tau route, namely Vina Express, Greenlines and Petro Express You also can use private taxi services. Here are some of suggested taxi companies: Mai Linh Taxi, Vinasun Taxi, Petro Taxi, Gili Taxi… 71 INDEX II: ORGANISING INSTITUTIONS DIPLOMATIC ACADEMY OF VIETNAM The Diplomatic Academy of Vietnam was established in accordance with Decision 82/2008/QD-TTg dated 23 June 2008 by the Prime Minister of the Socialist Republic of Viet Nam on the basis of upgrading the Institute for International Relations (successor of the College for Foreign Affairs established in 1959). The Academy carries out strategic research in international relations and foreign policies; undergraduate and graduate training and retraining of Foreign Service personnel; serves as ―think tank‖ in foreign policy for the Ministry of Foreign Affairs, the Party and the State. Honours: First - Class Labour Order (1994) Third - Class Independence Order (1999) Second - Class Independence Order (2004) Ho Chi Minh Order (2009) Human Resources The Academy has 211 researchers, faculty members and staff and is expected to have 350 personnel when it is in full service. The majority of researchers and faculty members hold master or doctor degrees and has received overseas training. Among them are 11 associate professors, 19 doctors, 59 masters currently lecturing and conducting research in international politics, international law, international economics, foreign languages, and media and cross-culture communication. Training The Academy offers training at undergraduate and graduate levels in international relations, international law, international economics, foreign languages, and media and cross-culture communication. Each year, the Academy takes in 60 graduate and 450 undergraduate students in six disciplines of International Relations, International Law, International Economics, International Communication, English and French; 100 college students and 150 on-the-job students. Different training units form an establishment similar to a university with its own faculties and departments. 72 The Academy has cooperated with overseas universities to offer joint courses, invited foreign trainers to teach foreign languages and European studies and US foreign policies etc. By 2010, the Academy has trained 5000 students for 37 formal university enrolments, 2500 students in 23 secondary enrolments, 369 students in 10 master enrolments and 10 students in 1 doctor enrolment. It has also held 12 on-the-job and 5 second-degree training enrolments. Research The Academy carries out strategic research and forecasts on world affairs, international relations, political and economic affairs, security, national defense, law, culture and foreign policies of different nations and regions. The Academy serves as “Think Tank” for the Minister for Foreign Affairs, the Party and the State in foreign policies as well as history and theories of international relations. Besides, it serves as the coordinator in the management of research projects of the Ministry of Foreign Affairs. It has carried out 250 studies in international relations at both state and grassroots levels. In the organizational set up of the Academy, the Institute for Foreign Policy and Strategic Studies is an affiliate of the Academy and has three centers, namely the Center for Political and Security Studies, the Centre for Development and Economic Integration and the Centre for Regional and Foreign Policy Studies. On September 1st, 2012, the Centre for East Sea Studies, originally belonged to the Institute for Foreign Policy and Strategic Studies, was upgraded to the Bien Dong Institute. The institute has four centers: Center for Policy Studies, Center for Research and International Cooperation, Center for Legal Studies and Center for Information and Documentation. International Cooperation The Academy is an active member of many regional and world research networks such as ASEAN-ISIS, NEAS, NEAT, and CSCAP etc. Researchers and faculty members of the Academy regularly attend international colloquiums, seminars and conferences held overseas. Every year, the Academy hosts 60 groups of scholars, international politicians for 60 international seminars. The Department of External Cooperation within the Office of Administration of the Academy acts as the focal point for all cooperation in training, academic research and scholar exchange with overseas universities, academies, institutes, research centers, intergovernmental and non-governmental organizations. In-service training The Centre for Continuing Education carries out training and convenes refreshment courses in international relations, foreign policy, diplomatic studies and foreign languages for mid-level officials, public servants and employees in the diplomatic service as well as other officials engaged in diplomatic activities from various ministries, agencies and localities. Information and Documentation 73 The Centre for Information and Documentation archives and provides information relating to Vietnam’s foreign policy, strategies, political, economic and security situation of regions and countries as well as international organizations. It also seeks to further develop information resources for use in Viet Nam and overseas. It has at its disposal 35.000 books and document titles in service of teaching and research of the Academy and the Ministry of Foreign Affairs. MISSIONS Decision 82/QD-TTg dated June 23, 2008 by the Prime Minister of the Socialist Republic of Viet Nam defined the status and functions, duties and powers of the Diplomatic Academy of Vietnam as follows: Status and functions 1. The Diplomatic Academy of Vietnam is an income-generating administrative unit under the Ministry of Foreign Affairs, established on the basis of upgrading the Institute for International Relations. 2. The Diplomatic Academy of Vietnam has the functions of undertaking strategic studies in international relations and foreign policies, undergraduate and postgraduate training and training of mid-career officials. 3. The Diplomatic Academy of Vietnam with its headquarters in Hanoi, is a juridical personality, uses the seals with the national emblem, and has its own bank account as provided for by the law. Duties and powers 1. Scientific research: a) To study, synthesize and carry strategic forecast of the world situation, international relations, political, security, defense, economic, legal, cultural and foreign policy issues of countries and territories, to advise the Minister of Foreign Affairs in the formulation, planning and implementation of the foreign policy of the State; b) To research and develop theories of international relations of Viet Nam on the basis of the Vietnamese diplomatic history, and theories of international relations; c) To cooperate in academic exchange with universities, academies, research centers and intergovernmental non-governmental organizations in the country and abroad in accordance with its functions and tasks; d) Act as the focal point in the organization and management of scientific research activities of the Ministry of Foreign Affairs. 2. Training and mid-career refreshment: a) Train human resources at undergraduate and postgraduate levels in international relations, international law, international economics, foreign languages and other subjects in accordance with the law; 74 b) Undertake training and organize mid-career refreshment courses in international relations, foreign policy, diplomatic skills, foreign languages for leaders, managers of ministries, provincial departments, officials, public employees in the foreign service, officials working at external relations departments of different ministries and localities; carrying out examination in professional diplomatic skills, foreign languages of relevant officials in accordance with regulations and assigned authority; c) Undertake joint training at undergraduate and postgraduate levels, cooperative mid-career training in professional diplomatic training and foreign language studies with local or foreign institutes and organizations. 3. Edit and publish scientific works, studies, textbooks, teaching materials and other publications on external affairs, diplomatic history of Viet Nam and the world, international relations and other related fields. 4. Participate in the dissemination of foreign policies and lines of the State. 5. Manage officials, employees, facilities of the Diplomatic Academy of Vietnam in accordance with provisions of the law and decentralization of the Ministry of Foreign Affairs. 6. Perform other duties as assigned or authorized by the Minister of Foreign Affairs. CONTACTS DIPLOMATIC ACADEMY OF VIETNAM Address: 69 Chua Lang Street, Dong Da, Ha Noi, Viet Nam Telephone number: (84-4) 3834 4540 Fax number: Email: (84-4) 3834 3543 [email protected] 75 FOUNDATION FOR EAST SEA STUDIES Founded in 2014 by the Diplomatic Academy of Vietnam, H.E. Le Cong Phung former Deputy Minister of Foreign Affairs of Vietnam, H.E. Nguyen Duc Hung former Vietnamese Ambassador to Canada and Singapore, the Foundation for East Sea Studies (FESS) is a non-governmental, non-profitable organization which aims at promoting studies on East Sea issues to maintain peace, stability, cooperation and prosperity in the region. MISSIONS The foundation plays as a channel to seek, gather and develop individual who has good ability and dignity to assist the East Sea studies; to disseminate, propagate and raising awareness of people in defending national maritime sovereignty in accordance with the orientation, policy and law of the Party and the State. - To assist the East Sea studies of students, scholars, institutes as well as individuals and organizations with regards to sustain peace, stability and cooperation in the East Sea. - To nurture and honour students and junior researchers, to supplement human resources that major in the East Sea studies to the Vietnamese offices and organizations. - To call for sponsors from internal and external individuals, entrepreneurs in order to support the foundation’s purposes. - To develop the relationship with other international foundations, institutes as well as individuals and organization to support foundation’s purposes. - To partner with Diplomatic Academy of Vietnam (DAV) and other organisations both inside and outside the country to promote East Sea studies. MAIN ACTIVITIES 1. Conducting and Supporting Research - Conducting research on various issues about East Sea. - Conducting researches of East Sea issues upon proposals and requests of the government, governmental agencies and provincial authorities. - Requesting and cooperating with national and international institutions and/or experts to conduct research on the East Sea issues. - Supporting students, scholar as well as institutions in doing East Sea research to maintain peace and stability in the East Sea for national development. 76 2. Research Field Specialises in Various Issues - Sovereignty issues. - Settling disputes; maintaining and promoting international cooperation in the East Sea. - Planning and promoting maritime economy; developing marine resources and protecting marine environment. - Education and Training on territorial maritime issues. - Policy and cooperative mechanisms of effective administration and development of maritime resources 3. Nurturing and Promoting Talents - Organising training courses to advance knowledge and skills of staffs working on the boundary and maritime issues from ministries as well as provincial authorities (available upon request). - Providing information and training for reporters and the press regarding the East Sea issues (available upon request). - Selecting and training young talents to conduct research on East Sea with the mean of preserving human resources working on this field. 4. Hosting Conference, Workshop and Talk on East Sea Issues - Hosting international workshops on East Sea inside and outside the country. - Hosting conferences, workshops and talks to lay the floor for discussion and information exchange of experts/scholars with the objectives of proposing recommendations for decision making bodies. - Coordinating with local conferences working on disseminating information to diverse audiences in the country about upholding national right over islands in the East Sea. 5. Organising Annual Award for East Sea Study - Organising competitions and examining theses & research papers relating to the East Sea among students, master and doctoral students. - Awarding Research Excellence Prize to scholars with outstanding researches on the East Sea. - Awarding FESS Annual Press Prize to journalists writing outstanding articles about the East Sea. 6. Publishing and Providing Information for National and International Audiences - Providing and updating information about the situation in the East Sea, the Vietnam’s work on upholding national right, politic and diplomatic operation, as well as many others relating issues. - Publishing researched documents, articles, books of the East Sea. 77 - Supporting scholars on publishing their researches including books and journals about the East Sea in the country and abroad. CONTACTS FOUNDATION FOR EAST SEA STUDIES Address: 69 Chua Lang Street, Dong Da, Ha Noi, Viet Nam Telephone number: (84-4) 6276 3141 Fax number: (84-4) 3834 3543 Website: www.fess.vn Email: [email protected] 78 THE VIETNAM LAWYERS’ ASSOCIATION The Vietnam Lawyers’ Association is a professional socio – political, united organization gathering the voluntary lawyers throughout the country. The Vietnam Lawyers’ Association is member of the Viet Nam Fatherland Front under the leadership of the Viet Nam Communist Party and the management of the State of the Socialist Republic of Vietnam. The Vietnam Lawyers’ Association participates in the international lawyers organizations whose activities conform to its motto and objectives. Motto and objectives The Vietnam Lawyers’ Association widely unites, gathers the Vietnamese lawyers who have done or are doing legal work in the offices of the State, the political organization, the socio – political organization, the professional socio – political organization, the social organization, the economic organization, the cultural organization, the educational organization, the people’s armed forces, who volunteer to act for the cause of building and defending their Fatherland, for the defence of the people’s right to freedom and democracy, contributing to building a legal science and the Viet Nam socialist state governed by law with the objective: the people be rich, the country be powerful the society be equal, democratic and civilized. The Vietnam Lawyers’ Association broadens its friendly relation and co-operation with the lawyer’s organizations in the world and other organizations under the principle of mutual respect of each others’ independence, sovereignty and territorial integrity for the common sake – peace, co – operation and development. Legal status of the Vietnam Lawyers’ Association Pursuant to the current laws and regulations as well as its Statutes, the legal status of the Vietnam Lawyers’ Association is well defined. Pursuant to Article 1 of the Decree No 88/2003/ND-CP, the Vietnam Lawyers’ Association shall be one of organizations falling within the scope of application of this Decree. Therefore, the legal status of the Vietnam Lawyers’ Association shall be defined by the Law No 102/SL/L1004, the Decree No 88/2003/ND-CP, and its Statutes which was drafted and issued in conformity with the two above legal documents. It is noted that the Vietnam Lawyers’ Association, as defined in its Statutes is a professional socio – political organization which conforms to the classification in Article 104 of the Decree No 88/2003/ND-CP. It means that the Vietnam Lawyers’ Association shall bear legal status as a legal entity. In accordance with the Viet Nam Communist Party’s guidelines and policies on enhancing the Vietnam Lawyers’ Association’s role and activities as well as the Decree 79 No 88/2003/ND-CP, in its Congress in 2004, the Vietnam Lawyers’ Association passed its new Statutes which then was approved by the Ministry of Internal Affairs in the Decision No. 37/2004/AD-BNV of 19 May 2004. The Statutes clearly identifies the Vietnam Lawyers’ Association as a professional socio – political organization. This legal status shall create favourable conditions for the Vietnam Lawyers’ Association to facilitate its activities and enhance its role. As a professional socio – political organization, the Vietnam Lawyers’ Association can widely unties and gathers many Vietnamese lawyers who work in different fields, in the offices of the State and social organizations as well as from different sectors of the economy. Scope of activities and the roles of the Vietnam Lawyers’ Association, therefore, shall be legally broadened. Tasks, power and duties of the Vietnam Lawyers’ Association 1. To gather in its association those who have been or are being engaged in legal work according to the provision of Article 1 of the Statutes. To build and make it a steady and strong association politically, morally, organizationally and professionally; 2. To take part in the law making, to study legal science, to take part in the supervision of the law application; propose to the state organs on the problem to elaborate and carry out the law; 3. To take part in propagating, disseminating and training the law, to raise the sense of exercising the law to the Association’s members, cadres, government employees and the people; 4. To act as consultants of the law, help the poor people and those privileged by policy in legal matters free of charge, build the legal consultant organizations as defined by law; 5. To take part in some State management activities as defined by law; 6. To coordinate various activities and carry out the task of a member of the Vietnam Fatherland Front; 7. To take part in the legal and political activities in service of the political, economic and social tasks, maintain political security, social order and safety; 8. To report to the Party and the State the sentiment and aspiration of the legal community; to train members of the Association to enhance their legal knowledge and professional morals; to lit up their spirit and take care of their interests in order to keep them closed to the Association; 9. To publish and distribute books, magazines, newspapers on law, meeting the needs for the Association’s internal and external activities; 10. To take part in the international activities conforming to the Association’s motto and objective; 11. To persuade the Vietnamese people living abroad to contribute their part to national construction. 80 Members of the Vietnam Lawyers’ Association The number of members of the Vietnam Lawyers’ Association has been rapidly increased in recent years. From 2005 to the beginning of 2008, the number of members increased from 31,000 to 36,000 members who work in legal field such as judges, prosecutors, policemen, legal experts and lawyers. Structure and organization of the Vietnam Lawyers’ Association The Vietnam Lawyers’ Association is organized from the central to the grassroots level, which comprises: - The Central Committee of the Vietnam Lawyers’ Association; - The Association’s provincial and city bodies directly affiliated to the Association’s Central body - Association’s district, quarter, city bodies directly affiliated to the Lawyers Association at provincial level; - Lawyers’ associations at base level 81 82