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The 4th International Workshop

“The South China Sea: Cooperation


for Regional Security and Development”

Diplomatic Academy 18-21 November, 2012 - Ho Chi Minh City, Viet Nam Vietnam Lawyers’
of Vietnam Association

CONTENTS

WORKSHOP BACKGROUND ................................................................................ 2


PROGRAMME ..................................................................................................... 3
MEETING GUIDELINES ...................................................................................... 10
LIST OF PARTICIPANTS...................................................................................... 12
BIOGRAPHY OF ROLE PLAYERS ......................................................................... 27
EXECUTIVE SUMMARIES OF PAPERS ................................................................ 54
INDEX I: INFORMATION ABOUT VIETNAM........................................................ 74
INDEX II: ORGANISING INSTITUTIONS .............................................................. 77

1
WORKSHOP BACKGROUND

The Diplomatic Academy of Vietnam (DAV) and the Vietnam Lawyers’ Association (VLA) are
pleased to announce our Fourth International Workshop entitled “The South China Sea:
Cooperation for Regional Security and Development” on 18-21 November 2012 in Ho Chi
Minh City, Viet Nam.

As did our three previous International Workshops on Security and Development in the
South China Sea, this fourth gathering aims to provide scholars, policymakers and other
stakeholders a special opportunity to assess the current situation in the South China Sea
from an interdisciplinary perspective and to consider and discuss measures to maintain
peace and stability in the area while promoting regional cooperation.

The Workshop will address the following topics:

TOPIC 1 South China Sea in Transition: Geopolitics

TOPIC 2 Recent developments in the South China Sea

TOPIC 3 Domestic Politics and Foreign Policy in the South China Sea

TOPIC 4 Militarization and Implications

TOPIC 5 Interests and Policy of Extra-regional Parties in the South China Sea

TOPIC 6 The South China Sea in US-ASEAN-China relations

TOPIC 7 Legal aspects of South China Sea issues

TOPIC 8 Cooperation in the South China Sea: Looking Back and Looking Forward

TOPIC 9 Dispute Settlement, Conflict Management and Ways to Resolution

TOPIC 10 Policy Recommendations

2
PROGRAMME

Venue: Sheraton Hotel Saigon, 88 Dong Khoi Street, District 1, Ho Chi Minh City, Viet Nam

SUNDAY, NOVEMBER 18, 2012

Arrivals of Participants

18.30 – 21.00 Welcome dinner (for International Participants), hosted by Mr. Pham Quoc
Anh, President of the Vietnam Lawyers’ Association.
Location: Signature Restaurant, 23rd floor, Sheraton Hotel Saigon.

MONDAY, NOVEMBER 19, 2012

08.00 – 09.00 Registration


Location: Grand Ballroom, 3rd floor, Sheraton Hotel Saigon.

Welcome Remarks by Amb. Dang Dinh Quy, President of the Diplomatic


09.00 – 09.30
Academy of Vietnam.

09.30 – 10.30 PANEL 1: THE SOUTH CHINA SEA IN TRANSITION: GEOPOLITICS


(Key themes: Significance of the South China Sea; Strategic Values of
Maritime Domain and SLOC).
Moderator: Prof. Carlyle A. Thayer, School of Humanities and Social
Sciences, the University of New South Wales at the Australian Defence Force
Academy

Prof. Geoffrey Till, Professor of Maritime Studies, King’s College London


and RSIS, Singapore.
Asia’s ‘Maritime Moment’ and the South China Sea

VADM (ret.) Hideaki Kaneda, Director of the Okazaki Institute, Japan.


Significance of the South China Sea; Strategic Values of Maritime
Domain and SLOC

Prof. Renato De Castro, International Studies Department, De La Salle


University, Manila, Philippines.
The Obama Administration’s Strategic Rebalancing to Asia: Shifting
from a Diplomatic to a Strategic Constrainment of An Emergent
China?

3
Prof. Ngo Vinh Long, Faculty of History, University of Maine, USA.
Charm and Harm Offensives: Impacts of Geopolitical Considerations
by China and the United States on the South China Sea Region

10.30 – 11.00 Break

11.00 – 12.00 Discussion

Luncheon
12.00 – 13.00
Location: Restaurants at 23rd Floor, Sheraton Hotel Saigon

13.00 – 15.00 PANEL 2: RECENT DEVELOPMENTS IN THE SOUTH CHINA SEA


(Key themes: Overall situation; Compare 2009-2011 with 2012; Drivers of
Changes).
Moderator: Amb. Hasjim Djalal, Director of Centre for South East Asian
Studies, Indonesia.

Prof. Alice Ba, Associate Professor of Political Science and International


Relations, University of Delaware, US.
&
Dr. Ian Storey, Senior Fellow, Institute of Southeast Asian Studies (ISEAS),
Singapore.
Recent Developments in the South China Sea: Continuity and Change

Prof. Su Hao, China Foreign Affairs University, Beijing, China.


The Choice of Fundamental National Interests and the Position of
South China Sea Issues

Gen. (Rtd) Daniel Schaeffer, Member of the French think tank Asie 21,
France.
China’s seizure process of the South China Sea through the
materialisation of the 9 dotted line

Mr. Ha Anh Tuan, PhD Candidate (Politics and IR), School of Social
Sciences, The University of New South Wales, Australia.
Maritime Disputes in the South China Sea: Tension Or Less?

Discussion

15.00 – 15.30 Break

4
15.30 – 17.00 PANEL 3: DOMESTIC POLITICS AND FOREIGN POLICY IN THE SOUTH
CHINA SEA
(Key themes: Decision Making Mechanism; Role of National Stakeholders
(Navy, Paramilitary, Oil and Gas Groups, Fishermen, etc.); Policy Formulation
and Implementation).
Moderator: Prof. Geoffrey Till, Professor of Maritime Studies, King’s College
London and RSIS, Singapore.

Ms. Stephanie Kleine-Ahlbrandt, Northeast Asia Director and China


Adviser, International Crisis Group (ICG).
The evolution of Chinese tactics in the South China Sea

Dr. Li Mingjiang, Assistant Professor, S. Rajaratnam School of


International Studies (RSIS), Nanyang Technological University, Singapore.
“You Kick Me Once, I Will Kick You Twice”: China’s New South China
Sea Policy and the Changing Domestic Context

Prof. Aileen San Pablo Baviera, University of the Philippines.


Preliminary Analysis of Filipino Public Opinion and Stakeholder
Interests in the Philippines – China Disputes in the South China Sea

Mr. Nguyen Hung Son, Deputy Director General, Institute of Strategic


Studies, Diplomatic Academy of Vietnam.
Domestic Politics: the “Under-current” that decides the South China
Sea

Discussion

TUESDAY, NOVEMBER 20, 2012

08.30 – 10.15 PANEL 4: MILITARIZATION AND IMPLICATIONS


Moderator: Prof. Masahiro Akiyama, Senior Advisor, Ocean Policy Research
Foundation, Japan

Prof. Carlyle A. Thayer, School of Humanities and Social Sciences, the


University of New South Wales at the Australian Defence Force Academy.
China’s Naval Modernization and US Strategic Rebalancing:
Implications for Stability in the South China Sea

Mr. Richard A. Bitzinger, Senior Fellow with the Military Transformations


Programme at the S. Rajaratnam School of International Studies,
Singapore.
The Growth Of Chinese Military Power And Its Implications For
Military Modernization In Southeast Asia

5
Mr. Christian Le Mière, Research Fellow for Naval Forces and Maritime
Security at the Institute for International and Strategic Studies (IISS), UK.
Anti-access/Area denial and the South China Sea

Discussion

10.15 – 10.30 Break

10.30 – 12.15 PANEL 5: INTERESTS AND POLICY OF THE EXTRA-REGIONAL PARTIES IN


THE SOUTH CHINA SEA
Moderator: Amb. Nguyen Duc Hung, Former Vietnamese Ambassador to
Singapore and Canada.

Prof. Masahiro Akiyama, Senior Advisor, Ocean Policy Research


Foundation, Japan.
Interests of Japan in the South China Sea

Dr. Probal Ghosh, Senior Fellow, Observer Research Foundation, India.


Flashpoint South China Sea: Policy options and Implications for India

Prof. Dmitry Valentinovich Mosyakov, Chief of the Center of the South


East Asian countries, Australia and Oceania in the Institute of Oriental
Studies, Russian Academy of Sciences.
Policy of the Soviet Union/ Russia in Asia Pacific and in the Conflict
over the islands of the South China Sea in the past and present

Dr. (Navy Captain) Sukjoon Yoon, Senior Research Fellow, Korea Institute
for Maritime Strategy (KIMS), Korea.
Sino-American Rivalry in the South China Sea: Time for the ROK to
Project its Middle-Power Role

Discussion

12.30 – 13.30 Luncheon


Location: Restaurants at 23rd Floor, Sheraton Hotel Saigon

13.30 – 15.30 PANEL 6: THE SOUTH CHINA SEA IN US - ASEAN - CHINA RELATIONS
Moderator: Amb. Rodolfo C. Severino, Head of ASEAN Studies Center,
Institute of Southeast Asian Studies, Singapore

Ms. Bonnie Glaser, Senior Fellow, Freeman Chair China Studies, Center for
Strategic and International Studies, US.
Understanding Recent Developments in US-China-ASEAN Relations: A
US Perspective

6
Mr. Termsak Chalermpalanupap, Visiting Research Fellow at the ASEAN
Studies Centre of ISEAS in Singapore.
ASEAN, China, the US and the South China Sea: Opportunities for
Cooperation

Dr. Ruan Zongze, Vice President, China Institute of International Studies,


China.
China-ASEAN-US must eye the best despite disputes

Dr. Tran Truong Thuy, Institute for East Sea Studies, Diplomatic Academy
of Vietnam
China, ASEAN, US in the South China Sea: Rebalancing the Triangle

Discussion

16.00 – 19.00 Ho Chi Minh City Tour (for International Participants)


(Please be at the Hotel Lobby at 16.00)

WEDNESDAY, NOVEMBER 21, 2012

08.30 – 10.30 PANEL 7: LEGAL ASPECTS OF SOUTH CHINA SEA ISSUES


(Key themes: UNCLOS 1982 and Historical Claim; Legal Regime of EEZ; Legal
Regime of “Land Features” in the South China Sea; Third Party Arbitration)
Moderator: Dr. Mark J. Valencia, Senior Associate, Nautilus Institute, US

Prof. Erik Franckx, Member of the Permanent Court of Arbitration,


President of the Department of International and European Law, Vrije
Universiteit Brussel, Belgium.
The “Duty” to Cooperate for States Bordering Enclosed of Semi-
enclosed Seas

Amb. Hasjim Djalal, Director, Centre for South East Asian Studies,
Indonesia.
The South China Sea in Legal Perspective

Assoc. Prof. Robert Beckman, Director, Centre for International Law (CIL),
National University of Singapore.
Rights and Jurisdiction over Resources in the South China Sea: the
Significance of the Status of Geographic Features

Capt (N) Azhari Abdul Aziz, Director of Legal Service, Royal Malaysian
Navy.
Deciding Sovereignty Disputes: Ownership Claims Over “Land
Features” In South China Sea

7
Dr. Nguyen Thi Lan Anh, Vice Dean of International Law Department,
Diplomatic Academy of Vietnam.
Why was “historical rights” historicized by UNCLOS?
Discussion

10.30 – 10.45 Break

10.45 – 12.30 PANEL 8: COOPERATION IN THE SOUTH CHINA SEA: LOOKING BACK AND
LOOKING FORWARD
(Key themes: Bilateral and Multilateral Cooperation; Non-Traditional
Maritime Security Cooperation; Joint Development; International
Experiences).
Moderator: Prof. Alex Tan, Asia New Zealand Foundation and University of
Canterbury, New Zealand.

Dr. Mark J. Valencia, Senior Research Associate, Nautilus Institute, US.


The South China Sea Imbroglio: Looking Backward, Looking Forward

Amb. Rodolfo C. Severino, Head of ASEAN Studies Center, Institute of


Southeast Asian Studies, Singapore.
The South China Sea: Ten Myths and Ten Realities

Prof. Yao Huang, Vice Dean of the School of Law, Sun Yat-sen University,
Guangzhou city, China.
Implementation of the Sino-Vietnamese Fishery Agreement: Mainly
Chinese Perspective

Prof. Yann-huei Song, Research Fellow, Institute of European and


American Studies, Academia Sinica, Taiwan.
Joint Conservation and Management of Fishery Resources in the
South China Sea: Existing Institutions, State Practices, and Past
Proposals for Cooperation
Discussion

12.30 – 13.30 Luncheon


Location: Restaurants at 23rd Floor, Sheraton Hotel Saigon

13.30 – 15.00 PANEL 9: DISPUTE SETTLEMENT, CONFLICT MANAGEMENT AND WAYS


TO RESOLUTION
(Key themes: DOC implementation; COC negotiation; CBMs; Conflict
Management; Possible Resolution; International Experiences)
Moderator: Assoc. Prof. Robert Beckman, Director, Centre for International
Law (CIL), National University of Singapore

8
Mr. Henry S. Bensurto, Jr., Senior Special Assistant, Office of the
Undersecretary for Policy, Department of Foreign Affairs of Philippines.
Path to Peace: Conflict Avoidance through Dispute Settlement

Dr. Richard P. Cronin, Director of the Southeast Asia Program, Stimson


Center, US.
Managing or Resolving Maritime Boundary Disputes in the South
China Sea: Obstacles and Opportunities

Ms. Theresa Fallon, Senior Associate, European Institute for Asian Studies
(EIAS) ASBL, Belgium.
What role for Europe? Can they contribute to the promotion of
cooperation and dispute settlement in the South China Sea

Mr. Nguyen Dang Thang, Vietnamese Lawyers Association; Associate,


Institute for East Sea Studies, DAV.
Cooperation in the South China Sea: from Dispute Management to
Ocean Governance
Discussion

15.00 – 15.15 Break

15.15 – 16.30 PANEL 10: FREE DISCUSSION, WRAP-UP AND POLICY RECOMMENDATIONS
Moderator: Amb. Dang Dinh Quy, President of the Diplomatic Academy of
Vietnam

16.30 – 17.30 CLOSING SESSION

19.00 – 21.00 Farewell Dinner (for international participants), hosted by Amb. Dang Dinh
Quy, President of the Diplomatic Academy of Vietnam.
(Please be at the Hotel Lobby at 18.45).

THURSDAY, NOVEMBER 22, 2012

Mekong Delta Tour (for Role Players)


(Please be at the Hotel Lobby at 07.00 AM)

9
MEETING GUIDELINES

Venue: Sheraton Hotel Saigon, 88 Dong Khoi Street, District 1, Ho Chi Minh City, Viet Nam

Workshop Contact Person


Ms. Ho Hong Hanh - Mobile: +84.936.199.921 - Email: hohonghanh77@gmail.com

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

November 19th, 2012: 08.00 – 09.00 (Sheraton Hotel Saigon)

10
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.

Rules of Proceedings

 Each speaker has 15 minutes to present his paper.

 Other participants have 3 minutes each to make comments, raise questions during
Q&A section.

 Other decisions will be made by the moderator.

11
LIST OF PARTICIPANTS

INTERNATIONAL PARTICIPANTS
- in alphabetical order of first names -

1 Mr. Ahmad Afifi Hussain Malaysia Assistant Director, Research Division, Prime
Minister’s Department, Malaysia.

2 Prof. Aileen San Pablo Philippines Professor, Asian Center, University Of The
Baviera Philippines.

3 Ms. Aileen Mendiola-Rau Philippines Director, North Asia Division, Office of Asian
and Pacific Affairs, Department of Foreign
Affairs, Philippines.

4 Prof. Alex Tan New Zealand Professor, Asia New Zealand Foundation and
University of Canterbury, New Zealand.

5 Prof. Alice Ba USA Associate Professor of Political Science and


International Relations, University of
Delaware, US.

6 Ms. Ana Placida D. Espina Philippines Project Development Officer III, Office of the
Undersecretary for Policy, Department of
Foreign Affairs, Philippines.

7 Ms. Arnyfariza Jaini Brunei Assistant Director, Ministry of Foreign Affairs


and Trade, Brunei Darussalam.

8 Captain Azhari Aziz Malaysia Director of Legal Service, Royal Malaysian


Navy, Malaysia.

9 Dr. Benoit de Tréglodé France Head of the Asia Bureau, Department for
Regional Issues (Directorate for Strategic
Affairs), Ministry of Defense, France.

10 Mr. Bin Jen Kud Chinese Director, Institute of Chinese Communist


Taipei Studies

11 Ms. Bonnie Glaser USA Senior Fellow, Freeman Chair China Studies,
Center for Strategic and International Studies,
US.

12
12 Mr. Bounpan Laos Deputy Director General of the Institute of
Kongnhinsayaseng Foreign Affairs, Laos

13 Prof. Carlyle A. Thayer Australia Emeritus Professor, School of Humanities and


Social Sciences, the University of New South
Wales at the Australian Defence Force
Academy.

14 Ms. Chang Tan-Lung Chinese Research Fellow, Institute of Chinese


Taipei Communist Studies

15 Mr. Christian Le Mière UK Research Fellow for Naval Forces and


Maritime Security at the Institute for
International and Strategic Studies, UK

16 Dr. Christopher Roberts Australia Senior Lecturer in Asian Politics and Security;
Acting Deputy Director (Academic and
Research), National Security College,
Australian National University

17 Gen. (Rtd) Daniel Schaeffer France Member of the French think tank Asie 21,
France.

18 Mr. David Brown USA American retired diplomat; Independent


Researcher and Journalist, Fresno, California,
USA.

19 Mr. Dinda Djojonegoro Indonesia Second Secretary, Policy Analysis and


Development Agency, Ministry of Foreign
Affairs, Indonesia.

20 Prof. Dmitry Valentinovich Russia Chief of the Center of the South East Asian
Mosyakov countries, Australia and Oceania in the
Institute of Oriental Studies, Russian
Academy of Sciences, Russia.

21 Ms. Eva Pejsova Singapore PhD Candidate, S. Rajaratnam School of


International Studies (RSIS), Nanyang
Technological University, Singapore.

22 Dr. Ekaterina Koldunova Russia Deputy Dean, School of Political Affairs;


Associate Professor, Asian and African
Studies, School of International Relations;
Expert, ASEAN Center, MGIMO-University,
Ministry of Foreign Affairs, Russia.

23 Prof. Erik Franckx Belgium Member of the Permanent Court of


Arbitration, President of the Department of
International and European Law, Vrije

13
Universiteit Brussel, Belgium.

24 Dr. Evgeny Kanaev Russia Leading Research Fellow, Center for Asia-
Pacific Studies, Institute of World Economy
and International Relations, Russia.

25 Prof. Geoffrey Till UK Professor of Maritime Studies, King’s College


London and RSIS, Singapore.

26 Dr. Gerhard Will Germany Senior Fellow, Stiftung Wissenschaft und


Politik, German Institute for International and
Security Affairs, Germany.

27 Dr. Grigory Lokshin Russia Senior Research Fellow, Institute of Far East
Studies, Russian Academy of Sciences.

28 Mr. Ha Anh Tuan Australia Ph.D. Candidate (Politics and IR), School of
Social Sciences, University of New South
Wales, Australia

29 Mr. Hamzah bin Ishak Malaysia Principal Assistant Secretary, National


Security Council, Prime Minister’s
Department, Malaysia

30 Prof. Hans D. Evers Brunei Eminent Professor, Institute of Asian Studies,


Universiti Brunei Darussalam

31 Amb. Hasjim Djalal Indonesia Director, Centre for South East Asian Studies,
Indonesia.

32 Mr. Henry S. Bensurto, Jr. Philippines Secretary General, Commission on Maritime


and Ocean Affairs Secretariat (CMOAS),
Department of Foreign Affairs of Philippines.

33 Ms. Hla Myo Nwe Myanmar Deputy Director General, Department of


Consular and Legal Affairs, Mnistry of Foreign
Affairs, Myanmar

34 VADM (ret.) Hideaki Kaneda Japan Director of the Okazaki Institute, Japan.

35 Dr. Ian Storey Singapore Senior Fellow, Institute of Southeast Asian


Studies (ISEAS), Singapore & Editor of the
Contemporary Southeast Asia.

14
36 Dr. James Manicom Canada Fellow, Balsillie School of International Affairs

37 Ms. Jennifer Alison Bauer Australia Exploration Manager, The Operating Office Of
Origin Energy (Song Hong)-Block 121.

38 H.E. Mr. John Langtry Australia Assistant Secretary, East Asia Branch,
Department of Foreign Affairs and Trade,
Ministry of Foreign Affairs.

39 Mr. Jonathan Yendall Canada Political Counsellor, Embassy of Canada in


Jakarta, Indonesia

40 Mr. Joost Van Iperen Netherlands First Secretary, Netherlands Embassy in


Singapore

41 Mr. Karl Henriksson Sweden Embassy of Sweden in Australia

42 Dr. Kenneth Whalen Brunei Lecturer, Environmental Studies and


Geography & Development, Faculty of Arts
and Social Sciences, Universiti Brunei
Darussalam

43 Mr. Koh Len Chow Singapore Analyst, Ministry of Defence of Singapore

44 Dr. Li Mingjiang Singapore Assistant Professor, S. Rajaratnam School of


International Studies (RSIS), Nanyang
Technological University, Singapore.

45 Ms. Lilybeth Rodriguez Philippines Executive Director, Ocean Concerns Office,


Deapera Office of the Undersecretary for Special and
Ocean Concerns, Department of Foreign
Affairs, Philippines

46 Mr. Marco Benatar Belgium PhD Fellow, Department of International and


European Law, Vrije Universiteit Brussel,
Belgium

47 Dr. Mark J. Valencia USA Senior Research Associate, Nautilus Institute,


US

48 Prof. Masahiro Akiyama Japan Senior Advisor, Ocean Policy Research


Foundation, Japan

15
49 Mr. Meor Syahrisal Asryl Malaysia Principle Assistant Director, Research
Division, Prime Minister’s Department,
Malaysia.

50 Prof. Ngo Vinh Long USA Professor, Faculty of History, University of


Maine, USA

51 Prof. Nikolai Maletin Russia Department of Oriental Studies, MGIMO-


University, Russia

52 Ms. Nur Herzazzila Ghazali Malaysia Assistant Director, Ministry of Foreign Affairs,
Malaysia.

53 Mr. Pacharapol Thailand Attaché, Ministry of Foreign Affairs, Thailand


Padermprach

54 Dr. Phan Duy Hao Singapore Fellow, Center for International Law (CIL),
National University of Singapore

55 Dr. Probal Ghosh India Senior Fellow, Observer Research Foundation,


India

56 Dr. Ren Yuan Zhe China Lecturer, Department of Diplomacy, China


Foreign Affairs University.

57 Prof. Renato Cruz De Castro Philippines Professor, International Studies Department,


De La Salle University, Manila, Philippines.

58 Mr. Richard Bitzinger Singapore Senior Fellow with the Military


Transformations Programme at the S.
Rajaratnam School of International Studies,
Singapore

59 Dr. Richard Cronin USA Director, Southeast Asia Program, Stimson


Center, US.

60 Assoc. Prof. Robert Singapore Director, Centre for International Law (CIL),
Beckman National University of Singapore, Singapore

61 Mr. Robert Harris US Assistant Legal Adviser, US Department of


State, Office of the Legal Adviser.

16
62 Prof. Robert Lihtorng Chen Chinese International Law of the Sea Institute,
Taipei National Taiwan Ocean University.

63 Mr. Roderico Atienza Philippines Director, Southeast Asia I Division, Office of


Asian and Pacific Affairs, Department of
Foreign Affairs, Philippines

64 Amb. Rodolfo C. Severino Singapore Head of ASEAN Studies Centre, Institute of


Southeast Asian Studies, Singapore

65 Dr. Ruan Zongze China Vice President, China Institute of


International Studies, China

66 Ms.Saranjit Srisarkun Thailand Counsellor, Department of ASEAN Affairs,


Ministry of Foreign Affairs, Thailand.

67 Ms. Shazainah Shariffuddin Brunei Director, Ministry of Foreign Affairs and


Trade, Brunei Darussalam.

68 Ms. Stephanie T. Kleine- Northeast Asia Director and China Adviser,


Ahlbrand International Crisis Group (ICG)

69 Prof. Su Hao China Professor, China Foreign Affairs University,


Beijing, China.

70 Dr. Sukjoon Yoon Korea Captain (Ret.), Senior Research Fellow, Korea
Institute for Maritime Strategy (KIMS), Korea.

71 Prof. Sum Chhum Bun Cambodia Vice President, Royal Academy of Cambodia.

72 Ms. Susan McGarvey USA The US Pacific Command (USPACOM)

73 Mr. Termsak Singapore Visiting Research Fellow at the ASEAN Studies


Chalermpalanupap Centre of ISEAS in Singapore.

74 Ms. Thanyathip Sripana Thailand Institute of Asian Studies, Chulalongkorn


University, Thailand.

75 Ms. Theresa Fallon Belgium Senior Associate, European Institute for Asian
Studies (EIAS) ASBL.

17
76 Ms. Thi Thi Myint Myanmar Deputy Director, Attorney General Office

77 Prof. Tong Chee Kiong Brunei Director, Institute of Asian Studies,


Universiti Brunei Darussalam

78 Dr. Victor Sumsky Russia Director, ASEAN Centre in MGIMO University,


Moscow, Russia

79 Dr. Vladimir Mazyrin Russia Leading Research Fellow, Institute for Far
Eastern Studies, Russian Academy of Science

80 Mr. Xaythavong Manichanh Laos Academic Officer, Institute of Foreign Affairs,


Laos

81 Prof. Yann-huei Song Chinese Research Fellow, Institute of European and


Taipei American Studies, Academia Sinica, Taiwan.

82 Prof. Yao Huang China Vice Dean of the School of Law, Sun Yat-sen
University, Guangzhou city, China.

83 Mr. Zachary Dubel USA Research Associate, Southeast Asia Program,


Stimson Center, Washington, DC.

84 Mr. Zechy Kai En Wong Singapore Analyst, Ministry of Defence of Singapore.

85 Mr. Zulkifli Adnan Malaysia Director General, Department of Maritime


Affairs, Ministry of Foreign Affairs, Malaysia.

LOCAL PARTICIPANTS
- in alphabetical order of first names -

1 Ms. Nguyen Thi Van Anh Lecturer, Ton Duc Thang University

2 Mr. Phan Thong Anh Head of Representative Agency of Vietnam


Bar Federation in HCMC

18
3 Dr. Do Hoa Binh Deputy Head of Commission’s Office, State
Commission on the East Sea and Islands

4 Assoc. Prof. Vu Thanh Ca Director General, Institute for the


Management of Seas and Islands

5 Mr. Hoang Nghia Cang Department of Southeast Asia – South Asia –


South Pacific
Ministry of Foreign Affairs

6 Col. Vu Van Dong General Department 2


Ministry of Defence

7 Col. Le Kim Dung Institute for Defenses and Strategic Studies,


Ministry of Defence

8 Mr. Pham Viet Dung Exploration Division, PetroVietnam

9 Mr. Hoang Ngoc Giao Lawyer, Vietnam Bar Federation

10 Col. Nguyen Van Hai Director, Department of Mapping, Vietnam


People’s Navy
Ministry of Defence

11 Dr. Trinh Duc Hai Director General, Center for Maritime Policy
Studies, National Border Committee

12 Mr. Nguyen Tien Hong Deputy Director General, Department of


External Relations – Ho Chi Minh City

13 Amb. Nguyen Duc Hung Former Ambassador to Canada, Singapore

14 Mr. Chu Manh Hung Vice Chairman, Lawyers Association of Ho Chi


Minh City University of Law

15 Mr. Dinh Tran Loi Director General, Department of National


Defence and Security
Ministry of Finance

19
16 Col. Dao Kim Long Director General, Department of National
Defence and Security
Ministry of Planning and Investment

17 Mr. Do Hoang Long Director General, People’s External Affair


Department
Commission for External Relations of Party
Central Committee

18 Mr. Chu Duy Ly Lecturer, Faculty of International Relations,


Vietnam National University – Ho Chi Minh
City

19 Mr. Tran Dinh Ly Deputy Director General, Department of


General Affairs
Party Central Committee Office

20 Mr. Dang Cong Minh Deputy Director General, Department of


International Relations
Party Central Committee’s Commission of
Propaganda and Education

21 Mr. Ha Tho Minh Ministry of Public Security

22 Mr. Hoang Van Minh National Border Committee


Ministry of Foreign Affairs

23 Mr. Vu Ngoc Minh Director General, Department for


Information, National Border Committee
Ministry of Foreign Affairs

24 Dr. Nguyen Nha Vietnamese Association of Historical Sciences

25 Mr. Le Van Nghiem Director General, Authority of Foreign


Information Service
Ministry of Information and Communications

26 Ms. Ton Nu Thi Ninh Director, Tri Viet Center for Education
Research & Development, Ton Duc Thang
University

27 Ms. Nguyen Thi Minh Ngoc Deputy Director General, Department of


General Affairs
Party Central Committee Office

28 Mr. Nguyen Phu Quoc Deputy Office Manager, Department of

20
Capture Fisheries and Resource Protection
Ministry of Agriculture & Rural Development

29 Dr. Mai Hong Quy Rector of the Ho Chi Minh City University of
Law

30 Assoc. Prof. Dang Tien Sam Director General, Institute for Chinese Studies

31 Amb. Nguyen Ba Son Former Director General, Law and


International Treaty Department
Ministry of Foreign Affairs

32 Col. Nguyen Ngoc Son General Department 2


Ministry of Defence

33 Mr. Phan Anh Son Director, Department for International


Cooperation, Vietnam Union of Science and
Technology Associations

34 Mr. Bui Van Thach Deputy Head of Administration’s Office


Party Central Committee Office

35 Sen. Lt. Col. Nguyen Ngoc Thach Vietnam Border Defense Force
Ministry of Defence

36 Mr. Do Minh Thai Deputy Chief of Staff, Vietnam People’s Navy


Ministry of Defence

37 Mr. Nguyen Dang Thang Vietnamese Lawyer Association; Associate,


Institute of East Sea Studies, DAV

38 Mr. Do Ngoc Thinh Vice President and Secretary General,


Vietnam Bar Federation

39 Prof. Nguyen Quang Thien Deputy Director General, Institute for


Strategic Studies, Ministry of Public Security

40 Mr. Nguyen Duc Thuan Ministry of Public Security

41 Mr. Le Hong Tien Department of National Defence and


Security,
Ministry of Planning and Investment

21
42 Mr. Nguyen Quoc Toan Ministry of Public Security

43 Mr. Mac Duc Trong Institute for International Relations


Ministry of Defence

44 Mr. Hoang Ngoc Trung Head of Law and International Cooperation


Division, PetroVietnam

45 Mr. Ho Quoc Trung Ministry of Public Security

46 Mr. Vu Khac Tuc Senior Advisor, Department of National


Defence and Security
Ministry of Finance

47 Mr. Nguyen Sy Tue State Commission on Overseas Vietnamese


Ministry of Foreign Affairs

48 Mr. Hoang Viet Lecturer, Ho Chi Minh City University of Law

49 Ms. Tran Thi Vinh Lecturer, Faculty of History, Hanoi University


of Education

50 Mr. Tran Phu Vinh Vice Chairman, Lawyers Association of Ho Chi


Minh City University of Law

51 Mr. Nguyen Khac Vuot Vietnam Marine Police

DIPLOMATIC MISSIONS AND REPRESENTATIVES IN VIET NAM

1 H.E. Mr. Hugh Borrowman Australia Ambassador


Australian Embassy

2 Mr. Gary Johnston Australia Political Counsellor


Australian Embassy

22
3 Ms. Ayesha Rekhi Canada Counsellor (Political & Public Affairs)
Embassy of Canada

4 Mr. Robert Huy Chinese Vice Political Counsellor


Taipei Taipei Economic & Cultural Office in Hanoi

5 H.E. Mr. Franz Jessen EU Ambassador


Delegation of the European Union

6 Mr. Andrea Rossi Head of the Political, Press and Information


Section
Delegation of the European Union

7 Mrs. Martina Baues Germany Counsellor


Embassy of Germany

8 Mr. Rupin Sharma India First Secretary


Embassy of India

9 H.E. Mr. Mayerfas Indonesia Ambassador


Embassy of Indonesia

10 Mr. Syamsudin Sidabutar Indonesia Minister Counsellor


Embassy of Indonesia

11 Mr. Susilo Adi Purwantoro Indonesia Attache


Embassy of Indonesia

12 Mr. Fabio Schina Italy First Secretary & Head of Political and
Cultural Section
Embassy of Italy

13 Ms. Reiko Kamigaki Japan Second Secretary


Japanese Embassy

14 Ms. Azra Firzadh Asangany Malaysia Counsellor


Embassy of Malaysia

15 Ms. Kenza Tanqaât Netherlands Politic Counsellor


Netherlands Embassy in Hanoi

23
16 Mr. Alistair Crozier New Deputy Head of Mission
Zealand New Zealand Embassy

17 Ms. Maria Lourdes Salcedo Philippines First Secretary & Consul


Embassy of the Philippines

18 Mr. Vladimil Borisovich Russia Consul


Klimov Consulate General of the Russian Federation
in HCMC

19 Mr. Dmitry Alekseevich Russia Consul


Andryushin Consulate General of the Russian Federation
in HCMC

20 Ms. Hui Wen Sharlene Lim Singapore Officer


Consulate General of Singapore

21 Ms. Wong Lee Ting Singapore Political Secretary


Embassy of Singapore

22 Mr. David Åhlén Sweden Second Secretary Political and Trade Section
Embassy of Sweden

23 H.E. Mr. Andrej Motyl Switzerland Ambassador


Embassy of Switzerland

24 Mr. Weerasak Tipmontian Thailand Minister Counsellor


Royal Thai Embassy

25 Ms. Kate Harrisson UK Deputy Head of Mission


British Embassy

26 Mr. Richard Cowin UK Head of External Political Section


British Embassy

27 Ms. Nguyen Anh Nguyet UK External Political Officer


British Embassy

28 Ms. Vu Bach Duong UK Internal Political Officer


British Consulate General

24
29 Mr. Nicolas Snyder US Political Officer
U.S. Consulate General

30 Mr. Jonathan Hwang US Political Officer


U.S. Consulate General

31 Timothy Edward Liston US Deputy Political Chief


Embassy of the United States

VIETNAM LAWYERS’ ASSOCIATION

1 Dr. Pham Quoc Anh President

2 Ms. Dong Thi Anh Vice President

3 Prof. Le Hong Hanh Member

4 Mr. Nguyen Van Hue Deputy Chief of Staff

5 Mr. Nguyen Quoc Hung Staff

6 Mr. Tran Dai Hung Member of the Central Standing Committee


& Director of Center for Vietnam – China –
ASEAN Law

7 Mr. Tran Xuan Quang Head of Department for External Relations,


Central Office

8 Ms. Nguyen Thi Son Vice Secretary General

9 Mr. Le Minh Tam Vice President

25
DIPLOMATIC ACADEMY OF VIETNAM

1 Amb. Dang Dinh Quy President

2 Dr. Nguyen Thi Lan Anh Research Fellow, Institute for East Sea Studies
& Vice Dean, Faculty of International Law

3 Dr. Do Thi Thanh Binh Researcher, Institute for East Sea Studies

4 Ms. Pham Lan Dung Dean, Faculty of International Law

5 Ms. Ho Thi Hong Hanh Deputy Head, Department for External


Relations

6 Mr. Le Quang Hung Researcher, Institute for East Sea Studies

7 Ms. Hoang Thi Phuong Mai Researcher, Institute for East Sea Studies

8 Ms. Nguyen Minh Ngoc Researcher, Institute for East Sea Studies

9 Mr. Nguyen Hung Son Deputy Director General, Institute for Foreign
Policy and Strategic Studies

10 Dr. Tran Truong Thuy Researcher, Institute for East Sea Studies

11 Mr. Dao Tuan Viet Researcher, Institute for East Sea Studies

Others

International & Local Press

26
BIOGRAPHY OF ROLE PLAYERS

Prof. Aileen San Pablo Baviera


Professor, University of the Philippines, Philippines.
Email: aileen.baviera@gmail.com

Aileen San Pablo-Baviera is a Professor of Asian Studies at the


Asian Center, University of the Philippines, where she also
served as Dean from 2003-2009. Her research interests include
Contemporary China, ASEAN-China relations, regional
integration, and Asia Pacific security with a focus on territorial
and maritime disputes. She is currently editor-in-chief of the
journal Asian Politics & Policy (Wiley-Blackwell).

Dr. Baviera lectures regularly at the Foreign Service Institute


and the National Defense College of the Philippines, and has
done consulting work with the Department of Foreign Affairs.
Overseas, she has lectured and/or held visiting fellowships at
various institutions in Australia, China, Japan, India, Malaysia,
Singapore and Taiwan. A frequent conference speaker, she has
also actively published internationally for many years.

Before joining the Asian Center, University of the Philippines,


she held positions as head of the Center for International
Relations and Strategic Studies of the Philippine Foreign
Service Institute, and executive director of the non-profit
Philippines-China Development Resource Center.

Prof. Alice Ba
Associate Professor, University of Delaware, US.
Email: aliceba@udel.edu

Dr. Alice Ba is Associate Professor of Political Science &


International Relations at the University of Delaware. Dr. Ba
earned her PhD from the University of Virginia in 2000. Her
research and publications focus on the international relations
of East and Southeast Asia, especially the Association of
Southeast Asian Nations (ASEAN), its relations with China and
the United States, and ASEAN’s related regionalisms. Her
articles have appeared in Asian Survey, International Relations
of the Asia Pacific, Pacific Review, and Contemporary
Southeast Asia. Her book, (Re) Negotiating East and Southeast
Asia: Region, Regionalism, and the Association of Southeast
Asian Nations (2009) is published by Stanford University Press.

27
Current and on-going research projects focus on the processes
of institutional change and regional integration, regional
leadership, and comparative engagement processes. She is
also author of a number of chapters in edited books, as well as
co-editor of Contending Perspectives on Global Governance:
Coherence and Contestation (Routledge). A list of her
publications can be found at:
http://www.udel.edu/poscir/profiles/ABa.shtml. A 2006/7
Fulbright Research fellow in Beijing, she also serves as Director
of Asian Studies at the University of Delaware.

Capt (N) Azhari Abdul Aziz


Director of Legal Service, Royal Malaysian Navy, Malaysia
Email: Azhari@navy.mil.my or azhariaziz@yahoo.com

Capt Azhari Abdul Aziz RMN joined the Royal Malaysian Navy
as a line officer on 6 Jan 1979 and is currently the Director of
Legal Service at the Naval Head Quarters. Prior to his current
appointment he was among others the Staff Officer 1 at the
Naval HQ, Convening Staff and prosecutor at the Fleet
Command and Legal Advisor to the Malaysian Contingent
(SFOR) in Bosnia Herzegovina. He has took up appointment as
executive officer of KD SERAMPANG (petrol craft) and as
Supply and Finance officer of the Central Naval Depot,
Commander of the Naval Area 1 and KD Sri Tawau before
receiving the call to read law at MARA INSTITUTE of
TECHNOLOGY. He further advance his knowledge in Maritime
Law after graduating from Cardiff University in 2005 holding a
LLM in Legal Aspect of Maritime Affairs under the Chevening
Scholarship granted by the Foreign Commonwealth Office
United Kingdom. Capt. Azhari also holds a Msc in Business
Engineering Management from the University of Warwick, UK.
Capt. Azhari was a former teaching staff of the Institute of
Humanitarian Law in San Remo, Italy before being appointed
as a lecturer and teaching staff of the Senior Workshop on
International Rules governing Military Operations, hosted by
ICRC since its inception in 2007. Capt Azhari is instrumental in
creating the Malaysian National Committee for Humanitarian
Law and a member of two of its sub-committee. He is also a
resource person for the Ministry of Foreign Affairs, National
Security Council and the Attorney General Chambers of
Malaysia.

28
Ms. Bonnie Glaser
Senior Fellow, Freeman Chair China Studies, Center for
Strategic and International Studies, US.
Email: BGlaser@csis.org

Bonnie Glaser is a senior fellow with the CSIS Freeman Chair in


China Studies, where she works on issues related to Chinese
foreign and security policy. She is concomitantly a senior
associate with CSIS Pacific Forum and a consultant for the U.S.
government on East Asia. From 2003 to mid-2008, Ms. Glaser
was a senior associate in the CSIS International Security
Program. Prior to joining CSIS, she served as a consultant for
various U.S. government offices, including the Departments of
Defense and State. Ms. Glaser has written extensively on
Chinese threat perceptions and views of the strategic
environment, China’s foreign policy, Sino-U.S. relations, U.S.-
China military ties, cross-strait relations, Chinese assessments
of the Korean peninsula, and Chinese perspectives on missile
defense and multilateral security in Asia. Her writings have
been published in the Washington Quarterly, China Quarterly,
Asian Survey, International Security, Problems of Communism,
Contemporary Southeast Asia, American Foreign Policy
Interests, Far Eastern Economic Review, Korean Journal of
Defense Analysis, New York Times, and International Herald
Tribune, as well as various edited volumes on Asian security.
Ms. Glaser is a regular contributor to the Pacific Forum
quarterly Web journal Comparative Connections. She is
currently a board member of the U.S. Committee of the
Council for Security Cooperation in the Asia Pacific and a
member of the Council on Foreign Relations, and she served as
a member of the Defense Department’s Defense Policy Board
China Panel in 1997. Ms. Glaser received her B.A. in political
science from Boston University and her M.A. with
concentrations in international economics and Chinese studies
from the Johns Hopkins School of Advanced International
Studies.

29
Prof. Carlyle Thayer
Emeritus Professor, School of Humanities and Social Sciences,
the University of New South Wales at the Australian Defence
Force Academy
Email: carlthayer@webone.com.au

Prof. Carl Thayer was educated at Brown University in the


United States. He holds an M.A. in Southeast Asian Studies
from Yale and a PhD in International Relations from The
Australian National University (ANU). He studied Vietnamese
language at Yale, Cornell and Southern Illinois University, Thai
language at The University of Missouri at Columbia, and Lao
language at Southern Illinois University, Carbondale.

Before embarking on an academic career, Carl served in Viet


Nam with the International Voluntary Services (1967-68) and
as a volunteer teacher in Botswana with the Unitarian
Universalist Service Committee. He began his professional
career in 1976 as lecturer at the Bendigo Institute of
Technology (renamed the Bendigo College of Advanced
Education). In 1979, he joined The University of New South
Wales and taught first in its Faculty of Military Studies at The
Royal Military College-Duntoon (1979-85) and then at
University College, ADFA (1986-present). He served as Head of
the School of Politics from 1995-97. In 1998, he was promoted
to full Professor.

Carl has served three major periods away from University


College. From 1992-95, he was seconded to the Regime
Change and Regime Maintenance Project, Research School of
Pacific and Asian Studies, ANU. From 1999-2001, he was
granted leave in the national interest‘ to take up the position
of Professor of Southeast Asian Security Studies and Deputy
Chair of the Department of Regional Studies at the U.S.
Defense Department‘s Asia-Pacific Center for Security Studies
in Hawaii. From 2002 to 2004, he was seconded to Deakin
University as On Site Academic Co-ordinator of the Defence
and Strategic Studies Course, the senior course, at the Centre
for Defence and Strategic Studies (CDSS), Australian Defence
College, Weston Creek.

Professor Thayer has spent special study leave at the ANU‘s


Strategic and Defence Studies Centre; Harvard‘s Center for
International Affairs; International Institute of Strategic Studies
in London; Institute of Strategic and International Studies,
Chulalongkorn University in Thailand; Institute of Southeast
Asian Studies in Singapore; and the Department of Political

30
Science at Yale. In 2005, he was the C. V. Starr Distinguished
Visiting Professor of Southeast Asian Studies at The Paul H.
Nitze School of Advanced International Studies, Johns Hopkins
University in Washington, D.C. During 2006-07 Carl directed
the Regional Security Studies module at the Australian
Command and Staff College, Weston Creek. In 2008, he spent
the first half of the year as the inaugural Frances M. and
Stephen H. Fuller Distinguished Visiting Professor at the Center
of Southeast Asian Studies, Ohio University in the United
States and the second half of the year as Visiting Fellow at the
Strategic and Defence Studies Centre, ANU.

Mr. Christian Le Mière


Research Fellow for Naval Forces and Maritime Security at the
Institute for International and Strategic Studies (IISS), UK.
Email: Le-Miere@iiss.org

Working within the Defence and Military Analysis Programme,


Christian Le Mière is responsible for ensuring the quality of the
Institute’s maritime analysis and the information on maritime
capabilities presented in the flagship Military Balance
publication. He has written a number of articles in the
Institute’s journal, Survival, on maritime security in Asia, and is
currently co-writing an Adelphi book on the South China Sea.
Before joining the institute, Christian Le Mière was from June
2006 the editor of Jane’s Intelligence Review and Jane’s
Intelligence Weekly. His research focus was on East Asian
security and maritime developments, reflecting his earlier
position at Jane’s as an Asia analyst. In other professional
positions, Christian has acted as a managing editor at risk
analysis firm Business Monitor International and Southeast
Asia editor at Europa Publications

Amb. Dang Dinh Quy


President of the Diplomatic Academy of Vietnam

Ambassador 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

31
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
Middle East Desk Officer from 1991 to 1995. He has written
extensively on foreign policy and international relations in
Asia-Pacific.

Gen. (Rtd) Daniel Schaeffer


Member of the French think tank Asie 21, France
Email: danielschaeffer@yahoo.fr

Graduated from the French Cadet school of Saint-Cyr in 1965,


from the French Staff college/ International relations –
languages branch (Chinese) in 1982, and from the French
National Institute of Foreign Languages and Civilizations in
1986 at the level of Master degree, General Daniel Schaeffer
was an engineer officer in the first part of his carrier. In the
second part he held different positions of responsibility related
to the international military relations (operational logistics,
military cooperation, crises management). In that frame, he
served thrice as a defence attaché, in Thailand (1986-89), in
Viet Nam (1991 - 1995) where he opened the office therefore
becoming the first French defence attaché there, and in China
(1997- 2000). When he retired he decided to bring its expertise
on Asia and in the international relations with the Asian
countries to the French community. On that purpose, as of the
1rst of July 2000, he settled himself as an international
consultant for China and South East Asia and became a
member of the French think tank Asie21. In that frame he is
involved in several activities: specific strategic studies;
teaching in different high schools, institutes, universities;
delivering lectures; advising French companies wanting to
enter the Vietnamese and Chinese markets.

Prof. Dmitry Valentinovich Mosyakov


Chief of the Center of the South East Asian countries, Australia
and Oceania in the Institute of Oriental Studies, Russian
Academy of Sciences.
Email: dm.mosyakov@mailfrom.ru

In 1979 after graduating from the Institute of Asian and African


countries of Moscow State University (History and Philology)
with the knowledge of Khmer language was assigned to work
in the TASS in Phnom Penh 1984. After defending dissertation
about origins of Pol Pot regime worked in the Institute of
Oriental Studies.

32
In 1993 defended doctoral thesis on "Socio-political
development of Cambodia in the XX century" In 1998 became
chef of the department of South East Asia countries in the
Institute of Oriental Studies. In 2009 was appointed chef of the
centre of South East Asia countries, Australia and Oceania.
Chief Editor of the scientific magazine ―South East Asia
politics, economy culture‖, head of the department of regional
problems on the faculty of international relations in Moscow
Humanitarian University.

The focus of my research was the study of history and


civilization of Southeast Asia and across East Asia in the unity
of the historical, cultural, social and economic aspects of
development. Author of more then 8 books some of them
were published in USA in Yale University. The fundamental
monograph "The History of Cambodia, in the twentieth
century" (752 p. 2010 .), based on the documents from Russian
state archives has received positive reviews both in Russia and
abroad and soon will be translated and published abroad..

Today the main topic to study is the Chinese policy in South


East Asia, strategy and tactics that Chinese authorities uses
now and then to reach their goals in South China Sea and in
the region as a whole.

Prof. Erik Franckx


Member of the Permanent Court of Arbitration, President of
the Department of International and European Law, Vrije
Universiteit Brussel, Belgium
Email: Erik.Franckx@vub.ac.be

Prof. Erik Franckx is a member of the Permanent Court of


Arbitration and the President of the Department of
International and European Law at Vrije Universiteit Brussel in
Belgium. He earned his PhD in Law from Vrije Universiteit
Brussel in 1989. His research interests include International
Law, Law of the Sea, Diplomatic and Consular Law and Central
and East–European Legal Systems.
Prof. Erik Franckx has been nominated by Belgium as member
of the Permanent Court of Arbitration, The Hague, The
Netherlands; as expert in marine scientific research for use in
special arbitration under the 1982 United Nations Convention
on the Law of the Sea; as legal expert in the Advisory Body of
Experts of the Law of the Sea (ABELOS) of the
Intergovernmental Oceanographic Commission (IOC) of the
United Nations Educational, Scientific and Cultural
Organization (UNESCO); and as expert in maritime boundary

33
delimitation to the International Hydrographic Organization
(IHO).
Prof. Geoffrey Till
Professor of Maritime Studies, King’s College London and RSIS,
Singapore.
Email: Geofftill45@gmail.com

Geoffrey Till is the Emeritus Professor of Maritime Studies of


King’s College London and Director of the Corbett Centre for
Maritime Policy Studies. In 2007 he was a Senior Research
Fellow at the Rajaratnam School of International Studies,
Singapore, and in 2008 the inaugural Sir Howard Kippenberger
Visiting Chair in Strategic Studies at the Victoria University of
Wellington. Since 2009, he has been Visiting Professor in the
Maritime Security Programme at the RSIS.

In addition to many articles and chapters on various aspects of


maritime strategy and policy defense, he is the author of a
number of books. His most recent are The Development of
British Naval Thinking published by Routledge in 2006, a
volume edited with Emrys Chew and Joshua Ho, Globalization
and the Defence in Asia [Routledge, 2008], a second edition of
his Seapower: A Guide for the 21st Century [Routledge 2009],
Korean Maritime Strategy: Issues and Challenges [Seoul: KIMS,
2011] (with Yoon Sukjoon) and Sea Power and the Asia-Pacific:
The Triumph of Neptune [Routledge, 2012] (with Patrick S
Bratton).

He has completed a study of the impact of globalisation on


naval development especially in the Asia-Pacific region. This
will appear as an Adelphi book for the International Institute
for Strategic Studies, London. He is currently working on a
third edition of his Seapower book and, with Jane Chan, a
study of naval modernization in Southeast Asia. His works have
been translated into eleven languages, and he regularly speaks
at staff colleges and academic institutions around the world.

Mr. Ha Anh Tuan


PhD Candidate, School of Social Sciences, University of New
South Wales, Australia
Email: tuanhaanh@yahoo.com
Mr. Ha Anh Tuan is currently a Ph.D. candidate in Politics and
International Relations at the University of New South Wales.
He completed his Master degree in International Relations at
the Australian National University in 2007.
Tuan‘s research interests include international relations in

34
Southeast Asia, China‘s foreign policy, and Sino-US relations.
He is the author of two book chapters: ―Balance of Power of
Southeast Asian Countries: The Origin of Peace and Autonomy
in the Region in the Post Cold War Era‖ in Sustaining a Resilient
Asia Pacific Community, edited by WilmarSalim and
KiranSagoo, Cambridge Scholars Press, Cambridge, 2008; and
―The Changing Nature of Conflicts in Southeast Asia and the
Role of INGOs in Peace Building: A Theoretical Approach‖, in
Peace Building in Asia Pacific: The Role of Third Parties, edited
by SuwitLaohasiriwong and Ming-CheeAng, Institute for
Dispute Resolution - KhonKaen University, KhonKaen, 2007. He
also had a journal article ―Economic interdependence and the
shaping of Sino-US relations in the 21st century‖ published in
International Studies (an English academic journal of the
Diplomatic Academy of Vietnam), No.20, 2007. Tuan also
writes extensively in Vietnamese and teaches undergraduate
students in international relations.

Amb. Hasjim Djalal


Director, Centre for South East Asian Studies, Indonesia.
Email: hdh@cbn.net.id

Prof. Dr. Hasjim Djalal was born on February 25, 1934, in West
Sumatra, obtained a BA degree from Indonesian Academy for
Foreign Service in Jakarta (1956), M.A (1959) and Ph.D (1961),
both from the University of Virginia. He graduated from the
Indonesian National Defense Institute (LEMHANNAS) in 1971.
He was Director of Treaty and Legal Affairs of the Indonesian
Department of Foreign Affairs (1976-1979) and Director
General for Policy Planning (1985-1990). He has served at
various Indonesian Embassies, such as in Belgrade, Conakry,
Singapore, Washington DC, including as Ambassador to the
United Nations in New York, Canada, Germany and
Ambassador at large for law of the Sea and Maritime issues.
He participated fully in the Third UN Law of the Sea
Conference (1973-1982) and in its implementation thereafter,
as well as in other maritime activities, nationally, regionally
and internationally until now.
He was President of the International Seabed Authority (ISBA)
in Jamaica (1995, 1996), and currently serves as Chairman of
the Finance Committee of the ISBA. Since 1989 he has been
the initiator and convener of the Workshop Process on
Managing Potential Conflicts in the South China Sea, and has
been involved in development of maritime cooperation in the
Indian and Pacific Oceans.

35
Currently, he is a member of Indonesian Maritime Council,
Senior Advisor to the Indonesian Minister for Maritime Affairs
and Fisheries, to the Indonesian Minister of Transport, and to
Indonesian Naval Chief of Staff, and a Member of Legal Experts
Team of the Indonesian Minister of Defense, and lectures at
universities and other high learning institutions in Indonesia.

Mr. Henry S. Bensurto, Jr.


Senior Special Assistant, Office of the Undersecretary for Policy,
Department of Foreign Affairs of Philippines.
Email: hbensurto@aol.com

Atty. Henry Sicad Bensurto Jr. is the former Secretary General


of the Commission on Maritime and Ocean Affairs (CMOA)
Secretariat, Department of Foreign Affairs, Philippines. and
currently a senior special assistant at the Office of the
Undersecretary for policy. He is a recipient of the Presidential
Award of Gawad Mabini (with the Rank of Commander) for his
distinguished contribution and leadership in the passage of
Republic Act No. 9522 otherwise known as the Philippine
Archipelagic Baselines Law on March 10, 2009. As Secretary
General of the CMOAS, he likewise helped shepherd the
preparation and submission of the Philippine partial claim for
Extended Continental Shelf (ECS) before the UN Commission
on the Limits of Continental Shelf (CLCS) in April 2009.
The Philippine Supreme Court appointed him as Amicus Curiae
(Friend of the Court) in the case G.R. No. 170867 entitled
Republic of the Philippines, et.al. vs. Provincial Government of
Palawan, et.al.
Born on May 5, 1965, he earned his Bachelor’s Degree in
Political Science (minor in Economics) at the University of the
Philippines (UP) in 1985 and his law degree from the San Beda
College of Law, Manila, in 1990. He pursued graduate studies
on Foreign Service at Oxford University in 1995-96 with a
distinction on Public International Law and Merit on
International Trade. He has a Diploma on the Law of the Sea at
the Rhodes Academy of Oceans Law and Policy, Rhodes,
Greece; Certificate for National Security at the Virginia School
of Law, Charlottesville, VA. He also attended short term
courses on International Trade Law and Human Rights Law at
the Georgetown Law Center and American University in
Washington DC.
Atty. Bensurto has written various articles on International law
including “A Question of Sovereignty and Jurisdiction: Extra-
Territorial Application of US Anti-Trust Laws: “International

36
Law, implications of US Reconnaissance within the Chinese
200-mile EEZ”; Criminal Jurisdiction under the RP-US Visiting
Forces Agreement (VFA)”; “The Concept of Self-Defense under
International Law”; “Trends on International Law on
Recognition of States”; “Cooperative Architecture in the South
China Sea. ASEAN-China Zone of Peace, Freedom, and
Cooperation”; and "Archipelagic Philippines: A Question of
Policy and Law, Maritime Border Diplomacy”, published by
Leiden: Martinus Nijhoff, 2012.

VADM (ret.) Hideaki Kaneda


Director of the Okazaki Institute, Japan
Email: o9kaneda@mri.co.jp
Vice Admiral Hideaki Kaneda, JMSDF (ret.) is a Director for The
Okazaki Institute, an adjunct fellow of JIIA (Japan Institute of
International Affaires) and a trusty of RIPS (Research Institute
of Peace and Security). He was a Senior Fellow of Asia Center
and J. F. Kennedy School of Government of the Harvard and a
Guest Professor of Faculty of Policy Management of Keio
University.
He is the author of published books and articles about security,
including “Proposal for Maritime Coalition in East Asia”,
IMDEX, Germany, Nov. 2000, “Changing situation of China’s
and Japan’s security”, World and Japan, Tokyo, Sep. 2001,
“US/China Power Game in Maritime Hegemony”, JIIA, Tokyo,
Mar. 2003, “BMD for Japan”, Kaya-Books, Tokyo, Mar. 2003,
“Multilateral Multi-Agencies Cooperation for Maritime Order
Maintenance”, CSCAP, Apr. 2005, “US and Japan’s Policy
toward North Korea”, World and Japan, Tokyo, Sep. 2005,
“Japan’s Missile Defense”, JIIA, Tokyo, Dec. 2006, “Collective
Defense Right and Japan’s Security, Naigai News, Tokyo, Aug.
2007, “Aspects of the War (Sea Battle)”, Naigai Publishing
Company, Tokyo, July. 2008, “Understanding BMD”, Ikaros-
Books, Tokyo, Oct. 2008, “Future of Alliance”, Wedge, Tokyo,
Sep.2011.
He is a graduate of the National Defense Academy in 1968, the
Maritime War College in 1983, and the U.S. Naval War College
in 1988. He served in the JMSDF from 1968 to 1999, primarily
in Naval Surface Warfare at sea, while in Naval & Joint Plans
and Policy Making on shore.

37
Dr. Ian Storey
Senior Fellow, Institute of Southeast Asian Studies (ISEAS),
Singapore
Email: ijstorey@iseas.edu.sg

Dr. Ian Storey is a Senior Fellow at the Institute of Southeast


Asian Studies (ISEAS), Singapore. He specializes in Asian
security issues, with a focus on Southeast Asia. At ISEAS he is
the editor of the academic journal Contemporary Southeast
Asia. His research interests include Southeast Asia’s relations
with China and the United States, maritime security in the Asia
Pacific, and China’s foreign and defence policies. He has a
particular interest in the South China Sea dispute. Prior to
joining ISEAS he held academic positions at the U.S. Defense
Department’s Asia-Pacific Center for Security Studies (APCSS)
in Honolulu, Hawaii and at Deakin University, Melbourne,
Australia. He received his PhD from the City University of Hong
Kong. Ian has published articles in Asia Policy, Asian Affairs,
Contemporary Southeast Asia, Harvard Asia Quarterly, Naval
War College Review, Parameters, Terrorism Monitor, and
Jane’s Intelligence Review and is a regular contributor to the
Jamestown Foundation’s China Brief and Singapore’s largest
circulation newspaper The Straits Times. His latest books are
The Five Power Defence Arrangements at Forty (ISEAS,
November 2011) and Southeast Asia and the Rise of China: The
Search for Security (Routledge, 2011). He is currently working
on a book on China’s defence diplomacy in Southeast Asia.

Dr. Li Mingjiang
Assistant Professor, S. Rajaratnam School of International
Studies (RSIS), Nanyang Technological University, Singapore.
Email: ismjli@ntu.edu.sg

Dr. Li Mingjiang is an Associate Professor at S. Rajaratnam


School of International Studies (RSIS), Nanyang Technological
University, Singapore. He is also the Coordinator of the China
Program and the Coordinator of the MSc. in Asian Studies
Program at RSIS. He received his Ph.D. in Political Science from
Boston University. His main research interests include China’s
diplomatic history, the rise of China in the context of East
Asian regional relations and Sino-U.S. relations, and domestic
sources of China’s international strategies. He is the author
(including editor and co-editor) of 9 books. His recent books
are Mao’s China and the Sino-Soviet Split (Routledge, 2012)
and Soft Power: China’s Emerging Strategy in International
Politics (Lexington-Rowman & Littlefield, 2009). He has
published papers in various peer-reviewed journals including

38
Global Governance, Cold War History, Journal of
Contemporary China, The Chinese Journal of International
Politics, China: An International Journal, China Security,
Security Challenges, the International Spectator, and
Panorama (Konrad Adenauer Stiftung). He frequently
participates in various track-two forums in East Asia.

Prof. Masahiro Akiyama


Senior Advisor, Ocean Policy Research Foundation, Japan
Email: gbh00145@nifty.com

Prof. Masahiro Akiyama graduated from the Faculty of Law of


the University of Tokyo in 1964 and entered the Ministry of
Finance. His professional career in government includes a
number of key and senior positions, such as counselor in the
Embassy of Japan in Canada, budget examiner in MOF’s
Budget Bureau, head of the Banking Investigation Division in
MOF’s Banking Bureau, chief of the Nara Prefectural Police
Headquarters, and director general of Tokyo Customs. He
moved to the Defense Agency in 1991, serving as director
general of the Defense Policy Bureau and administrative vice-
minister of defense before resigning from the agency in
November 1998. He was visiting scholar at the John F. Kennedy
School of Government of Harvard University and the Asian
Center in 1999, and was chairman of the Ocean Policy
Research Foundation from 2001 to June 2012. He has also
been specially appointed professor at the Graduate School of
Social Design Studies for the 21st Century, Rikkyo University,
and visiting professor at the Center for International and
Strategic Studies, Peking University.

Dr. Mark J. Valencia


Senior Research Associate, Nautilus Institute, US
Email: mjvalencia@gmail.com

Dr. Mark J. Valencia is an internationally known maritime


policy analyst, political commentator and consultant focused
on Asia. Most recently he was a Research Associate with the
National Asia Research Program. Previously he was a Visiting
Senior Fellow at the Maritime Institute of Malaysia and a
Visiting Senior Scholar at Japan’s Ocean Policy Research
Foundation. From 1979 to 2004, Dr. Valencia was a Senior
Fellow with the East-West Center where he originated,
developed and managed international, interdisciplinary
projects on maritime policy and international relations in Asia.
Before joining the East-West Center, he was a Lecturer at the
Universiti Sains Malaysia and a Technical Expert with the UNDP

39
Regional Project on Offshore Prospecting based in Bangkok. He
has a Ph.D in Oceanography from the University of Hawaii and
a M.A. in Marine Affairs from the University of Rhode Island.
Dr. Valencia has published some 15 books and more than 150
articles and is a frequent contributor to the public media such
as the Far Eastern Economic Review, International Herald
Tribune, Asia Wall Street Journal, Japan Times and Washington
Times. Selected major policy relevant works include The
Proliferation Security Initiative : Making Waves in Asia (Adelphi
Paper 376, International Institute for Strategic Studies,
October 2005), Military and Intelligence Gathering Activities in
the Exclusive Economic Zone :Consensus and Disagreement (co-
editor, Marine Policy Special Issues, March 2005 and January
2004); Maritime Regime Building: Lessons Learned and Their
Relevance for Northeast Asia (Martinus Nijhoff, 2002); Sharing
the Resources of the South China Sea (with Jon Van Dyke and
Noel Ludwig, Martinus Nijhoff, 1997); A Maritime Regime for
Northeast Asia (Oxford University Press, 1996); China and the
South China Sea Disputes (Adelphi Paper 298, Institute for
International and Strategic Studies, 1995); Atlas for Marine
Policy in East Asian Seas (with Joseph Morgan, University of
California Press, Berkeley, 1992); and Pacific Ocean Boundary
Problems: Status and Solutions (with Douglas Johnston,
Martinus Nijhoff, 1991).
Dr. Valencia has been a Fulbright Fellow to Australia (2007)
and to Malaysia (1985), an Abe Fellow, a DAAD (German
Government) Fellow, an International Institute for Asian
Studies ( Leiden University) Visiting Fellow, and a U.S. State
Department –sponsored international speaker. He has also
been a consultant to international organizations (e.g., IMO,
UNDP, UNU, PEMSEA); government institutions and agencies (
in, e.g., Canada, Japan, Malaysia, the Republic of Korea,
Singapore, Taiwan, Viet Nam and the USA); and numerous
private entities (e.g. Shell ,CONOCO, and legal firms handling
maritime issues).

Prof. Ngo Vinh Long


Professor, University of Maine, USA

Prof. Ngo Vinh Long is a Professor in the Department of History


in the University of Maine, USA. He earned his PhD in East
Asian History and Far Eastern Languages from Harvard
University in 1978.
He is a regular commentator and analyst on Asian affairs since
2001 on the BBC Foreign Broadcast and on RFI. He is a Founder
and Editorial Board member of the Bulletin of Concerned Asian

40
Scholars (now known as Critical Asian Studies). He is also a
Board member of the Center for National Culture Studies of
Vietnam.
He was an advisor to Oxfam America from 1973 to 1998 and a
member of the Asia Panel of the American Friends Service
Committee, International Division from 1992 to 1998.

Mr. Nguyen Hung Son


Deputy Director General, Institute for Foreign Policy and
Strategic Studies
Email: nguyenhungson2005@yahoo.com

Nguyen Hung Son is Deputy Director-General of the Institute


for Strategic Studies, at the Diplomatic Academy of Vietnam.
Nguyen Hung Son’s areas of research are East Asia security and
cooperation, East Asia regionalism and ASEAN affairs. He’s
most recent research work focused on the prospect of the
changing regional order, the regional security architecture, the
geo-political transformation of East Asia and South East Asia’s
countries’ foreign policy adjustments, and the foreign policy of
Vietnam. Nguyen Hung Son also study the South China Sea and
other maritime security issues. He participated in Vietnam’s
delegation drafting the elements of the COC both at the official
track and informal track among the regional think tanks.
Prior to serving in his current designation (2008), Nguyen Hung
Son was a full time diplomat, serving as the Director of the
Political affairs division at the ASEAN department of the
Ministry of Foreign Affairs, allowing him to extensively
participate in several regional summits, and to have hands on
experience on many regional processes and issues. He was
member of the Vietnam High Level Task Force delegation
negotiating the ASEAN Charter. Nguyen Hung Son also served
as head of the ASEAN Standing Committee division at the
ASEAN department of the Ministry of Foreign Affairs, during
which period, Viet Nam presided over the ASEAN Standing
Committee from July 2000 to July 2001.
Nguyen Hung Son got a B.A degree from the National
Economic University of Vietnam, an M.A degree on
International Economic from Birmingham University of the
United Kingdom, and is now a Phd candidate on International
Relations at the Diplomatic Academy of Vietnam.

41
Dr. Nguyen Thi Lan Anh
Vice Dean, International Law Faculty, Diplomatic Academy of
Vietnam

Dr Lan-Anh T.Nguyen is Director of the Centre for Legal Studies


of the Institute for East Sea and Vice Dean of the International
Law Faculty of the Diplomatic Academy of Vietnam. Dr.
Nguyen received her Ph.D. in International Law from University
of Bristol, the United Kingdom, and L.L.M. from University of
Sheffield by the sponsor of ORS Award for International
Research Students of Outstanding Merit and Research
Potential and Chevening Scholarship. She has research
interests in ocean law and policy, maritime security, and the
South China Sea issues.
Since 2000, she jointed the Institute for International
Relations, currently is the Diplomatic Academy of Vietnam. Her
main duties include teaching for undergraduate students,
postgraduate students and mid-career officials; doing
research; attending national and track II international
workshops on international relations and international law;
and providing advisory opinions to Ministry of Foreign Affairs
of Viet Nam on ocean law and policy, particularly concerning
the South China Sea issues. She teaches the courses on Public
International Law, Law of the Sea and International Dispute
Settlement.
She was a research fellow and provided country reports for
Research Projects on International Maritime Crimes and on
ASEAN’s Integration through International Law of the Center
for International Law, the National University of Singapore
(CIL) in 2010 and 2012. Currently, she is a global associate of
the CIL.
Dr Nguyen is the presenter in a series of international
workshops on South China Sea. Among them are the series of
International Workshop on South China Sea Dispute:
Cooperation and Prospects held by the Diplomatic Academy of
Vietnam in 2010, 2011; 2nd MIMA South China Sea Conference:
Geo-strategic Developments and Prospects for Dispute
Management, Kuala Lumpur, September 2012; International
Workshop on Confidence Building Measures in Maritime
Security, Tokyo, March, 2012; Maritime Security in Southeast
Asia: Maritime Governance, Kuala Lumpur, June 2012; ASEAN
Maritime Legal Experts’ Meeting, Manila, September, 2011; CIL
International Conference on Joint Development in the South
China Sea, Singapore, June, 2011; Conference on Entering
Uncharted Waters? ASEAN and the South China Sea Dispute,
Institute of Southeast Asian Studies of Singapore, February

42
2011. Her presentations and papers for workshops have been
published in compendium and uploaded on the websites of
the organizers post seminars. She also published other writing
on South China Sea issues in Vietnamese.

Dr. Probal Ghosh


Senior Fellow, Observer Research Foundation, India
Email: pkghosh_in@yahoo.co.uk

Dr Probal Ghosh is presently a Senior Fellow at the Observer


Research Foundation” (ORF). He is also the current Co-Chair
and India Representative to the CSCAP International Study
Group on Naval Enhancement in Asia Pacific Region. He was
earlier the Co Chair of the CSCAP Maritime Study Group.
(CSCAP – Council for Security Cooperation in Asia Pacific
Region is the Track II version of the ASEAN Regional Forum)
Prior to joining the ORF in Feb 2010, Probal had served in
various other think tanks. He was a Senior Fellow at the Centre
for Air Power Studies (CAPS) (Jan 2009- Jan 2010): a Founder
Member and the first Senior Research Fellow at the National
Maritime Foundation (NMF) (from inception to Dec 2008)- a
think tank that he helped in establishing; held the prestigious
Prof DS Kothari DRDO Chair (Kothari Fellow- 2005) at the USI
(United Services Institution); was a Research Fellow at the
IDSA (Institute for Defence Studies and Analyses) for two
fellowship tenures (2000- 2004).
He has been a Guest Professor at the Stockholm University
(2005) and has lectured in many places globally including the
ARF – ISM (ASEAN Regional Forum Inter sessional meeting),
SIPRI - Stockholm, Naval War College NWC (Karanjia), Royal
National Defence College (Stockholm), JNU, Foreign Services
Institute, Munich University etc. He has been involved in Track
II CBM efforts in South Asia and was the coordinator of the
major Indian maritime initiative IONS that he helped in
conceptualizing from scratch.
An Alumni of the famous APCSS Hawaii, he is also a SEAS
Fellow 2010 (Symposium of East Asian Security), Ghosh
appears frequently on national television channels for
comments and interviews on geo strategy and maritime
security.
A specialist in Maritime Security (especially asymmetric
threats) and Missile Defence he is the author of three edited
books, monographs and more than fifty research articles in
national / international journals etc. He has mainly written on
issues connected with maritime security, international power
politics, piracy, maritime terrorism, Chinese maritime

43
capability, and Missile Defence (BMD).

Prof. Renato Cruz De Castro


Professor, De La Salle University, Philippines
Email: renato.decastro@dlsu.edu.ph

Prof. Renato Castro is a professor in the International Studies


Department at De La Salle University, Manila, Philippines. He
was the U.S. State Department ASEAN Research Fellow from
the Philippines and was based in the Political Science
Department of Arizona State University. He is currently the
holder of the Charles Lui Chi Keung Professorial Chair in China
Studies. He has designed a number of courses for the Foreign
Service Institute and delivered a number of lectures at the
National Defense College of the Philippines. He earned his
Ph.D. from the Government and International Studies
Department of the University of South Carolina as a Fulbright
Scholar. His dissertation is entitled “The Post-Cold-War
Management of the U.S. Alliances with Japan, South Korea,
and the Philippines: A Comparative Analysis (passed with
distinction).” Since 1994, he has written more than sixty
articles on international relations and security that have been
published in a number of scholarly journals and edited books
in the Philippines, Malaysia, Singapore, France, South Korea,
Taiwan, Germany, the United Kingdom, China, Canada, and the
United States.

Mr. Richard A. Bitzinger


Senior Fellow, Military Transformations Programme,
S.Rajaratnam School of International Studies, Singapore.
Email: isrbitzinger@ntu.edu.sg

Mr. Richard A. Bitzinger is a Senior Fellow with the Military


Transformations Program at the S.Rajaratnam School of
International Studies, where his work focuses on security and
defense issues relating to the Asia-Pacific region, including
military modernization and force transformation, regional
defense industries and local armaments production, and
weapons proliferation. Mr. Bitzinger has written several
monographs and book chapters, and his articles have
appeared in such journals as International Security, the Journal
of Strategic Studies, Orbis, China Quarterly, and Survival. He is
the author of Towards a Brave New Arms Industry? (Oxford
University Press, 2003), “Come the Revolution: Transforming
the Asia-Pacific’s Militaries,” Naval War College Review (Fall
2005), Transforming the U.S. Military: Implications for the Asia-

44
Pacific (ASPI, December 2006), and “Military Modernization in
the Asia-Pacific: Assessing New Capabilities,” Asia’s Rising
Power (NBR, 2010). He is also the editor of The Modern
Defense Industry: Political, Economic and Technological Issues
(Praeger, 2009). Mr. Bitzinger was previously an Associate
Professor with the Asia-Pacific Center for Security Studies
(APCSS), Honolulu, Hawaii, and has also worked for the RAND
Corporation, the Center for Strategic and Budgetary Affairs,
and the U.S. Government. In 1999-2000, he was a Senior
Fellow with the Atlantic Council of the United States. He holds
a Masters degree from the Monterey Institute of International
Affairs and has pursued additional postgraduate studies at the
University of California, Los Angeles.

Dr. Richard P. Cronin


Director, Southeast Asia Program, Stimson Center,
Washington, DC.
Email: rcronin@stimson.org

Dr. Richard P. Cronin is the director of the Southeast Asia


program at Stimson. He works on trans boundary and
nontraditional security issues in the Mekong Basin and
Southeast Asia, from a political economy perspective.
Recently, Cronin has written or co-authored several articles on
Thailand's regional relations. He is the lead co-author of
Mekong Tipping Point: Hydropower Dams, Human Security
and Regional Stability, and co-producer of a documentary
video by the same name. This project focused on the
environmental and food security impacts of mainstream dams
being constructed on the Upper Mekong in China, and planned
for the Lower Mekong by Cambodia, Laos, and Thailand.
Cronin joined Stimson after a long career with the
Congressional Research Service (CRS). He taught Asian
comparative political economy at Johns Hopkins University,
and at Chuo University in Tokyo, and gave short courses on the
comparative economic development of East Asia for
government officials and other professionals in Viet Nam and
Laos.
Cronin earned a BS in economics and history, and an MA in
European history from the University of Houston. He holds a
PhD in modern South Asian history from Syracuse University.
Cronin also served in Viet Nam as a brigade-level intelligence
officer with the US Army's 1st Infantry Division in 1965-66.

45
Assoc. Prof. Robert Beckman
Director, Centre for International Law (CIL), National University
of Singapore
Email: cildir@nus.edu.sg

Assoc. Prof. Robert Beckman is the Director of the Centre for


International Law (CIL), a university-wide research centre at
the National University of Singapore (NUS), which was
established in 2009. In addition to serving as Director of the
Centre, he also heads its ocean law and policy programme.
Prof Beckman received his J.D. from the University of
Wisconsin and his LL.M. from Harvard Law School. He is an
Associate Professor at the NUS Faculty of Law, where he has
taught for more than 30 years. He currently teaches Ocean
Law & Policy in Asia and Public International Law.
He is an expert on the issues of law of the sea in Southeast
Asia, including piracy and maritime security. He served for
several years as a regional resource person in the workshops
on Managing Potential Conflicts in the South China Sea. He has
represented Singapore in various CSCAP meeting on maritime
security, and has worked for many years on ocean law and
policy issues in Southeast Asia.
Prof Beckman lectures in the summer programme at the
Rhodes Academy of Oceans Law & Policy in Rhodes, Greece.
He is also an Adjunct Senior Fellow in the Maritime Security
Programme at the S Rajaratnam School of International
Studies (RSIS), Nanyang Technological University (NTU).

Amb. Rodolfo Severino


Head of ASEAN Studies Centre, Institute of Southeast Asian
Studies, Singapore.
Email: severino@iseas.edu.sg

Rodolfo C. Severino is the head of the ASEAN Studies Centre at


the Institute of Southeast Asian Studies in Singapore and a
frequent speaker at international conferences in Asia and
Europe. Having been Secretary-General of the Association of
Southeast Asian Nations from 1998 to 2002, he has completed
a book, entitled Southeast Asia in Search of an ASEAN
Community and published by ISEAS, on issues facing ASEAN.
He has produced a book on ASEAN in ISEAS’ Southeast Asia
Background Series and one on the ASEAN Regional Forum.
Severino is currently working on a book on the Philippine
national territory. He has co-edited two books: Whither the
Philippines in the 21st Century? And Southeast Asia in a New

46
Era, which is intended for pre-university students. He writes
articles for journals and for the press. Before being ASEAN
Secretary-General, Severino was Undersecretary of Foreign
Affairs of the Philippines, the culmination of 32 years in the
Philippine Foreign Service. He twice served as ASEAN Senior
Official for the Philippines. Severino has a Bachelor of Arts
degree in the humanities from the Ateneo de Manila and a
Master of Arts degree from the Johns Hopkins University
School of Advanced International Studies.

Dr. Ruan Zongze


Vice President, China Institute of International Studies, China.
Email: ruanzongze@ciis.org.cn

Dr. RUAN Zongze, Vice President and senior research fellow at


CIIS, is also Editor-in-Chief of the CIIS journal - China
International Studies.
Prior to that, he was Minister Counselor for Policy at the
Embassy of the PRC in the United States from July 2007
through December 2011. He was appointed as Vice President
at CIIS from 2002 to 2007.From 1996 to 2000, Mr. Ruan served
as Second and First Secretary at the Chinese Embassy in the
UK. From 1992 to 1993, he was also a visiting fellow at the
School of Oriental and African Studies, the University of
London in the UK.
His areas of research include Chinese foreign policy, American
foreign policy, Sino-US relations and international security.

Ms. Stephanie T.Kleine-Ahlbrandt


Northeast Asia Director and China Adviser, International Crisis
Group.
Email: ska@crisisgroup.org

Stephanie T. Kleine-Ahlbrandt, is the North-East Asia Project


Director and China Adviser at the International Crisis Group
(ICG) in Beijing. Before joining ICG, she was an International
Affairs Fellow at the Council on Foreign Relations (CFR). She
also served at the Office of the UN High Commissioner for
Human Rights where she worked on the Asia-Pacific region
and Africa. Prior to that, she worked for the OSCE in Bosnia
and Herzegovina, for the UN in Rwanda and for the Legal
Affairs Directorate of the Council of Europe. She has
contributed numerous articles to a.o. The New York Times, die
Zeit and Le Monde, and is a regular commentator on CNN, BBC,
NPR and Al Jazeera.

47
Prof. Su Hao
Professor, China Foreign Affairs University, Beijing, China.
Email: Suhao_us@yahoo.com

Dr. Su Hao, is a professor in the Department of Diplomacy at


the China Foreign Affairs University. 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, and a founding
director of Center for Strategic and Conflict Management
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); board members of China Association of Arms Control
and Disarmament, China Association of Asia-Pacific Studies,
China Association of Asian-African Development Exchange, 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 a guest professor in Department of Peace and
Conflict Studies of Uppsala University in Sweden in 2004. He
has been teaching and doing research works on China’s foreign
policy, strategic studies, international security and
international relations in the Asia-Pacific region. He published
some books and many articles in the fields of China’s foreign
policy, security issues, international relations in the Asia-Pacific
region, and East Asian integration.

48
Dr. (Navy Captain) Sukjoon Yoon
Senior Research Fellow, Korea Institute for Maritime Strategy
(KIMS), Korea.
Email: sjyoon6680@hanmail.net
Dr Sukjoon Yoon is currently senior research fellow of the
Korea Institute for Maritime Strategy (KIMS) and visiting
professor of the department of the defense system
engineering, Sejong University, Seoul, Korea and is retired
Navy Captain. At present, he is a member of execute
committee of the SLOC Study Group-Korea and a member of
advisory committee of the Korea National Diplomatic
Academy. Dr Yoon’s more than thirty years of commissioned
service included thirteen years at sea as surface warfare officer
and several command and staff appointments. He has been
director of maritime strategy studies at the Naval War College,
senior lecture, Naval Academy, commanding officer of the
ROKS WONSAN, director of policy division, ROKN Headquarters
and adjunct professor of the Center for Chinese Studies, IFANS,
MOFAT, Seoul, Korea.
He is graduated of the Naval Academy class of 1976 and of the
commander’s course of the Naval War College in Korea. He
holds a MA in Chinese politics from Fu Hsing Kang Institute of
the National Defense University, Taiwan and a Ph. D in
international politics from Bristol University United
Kingdom(where he was a Navy Oversea Student-Officer). He
has written on a broad range of Asian Maritime Security issues.
His recent works include “The Chinese Version of the Monroe
Doctrine and Regional Maritime Security (2012)”, “North
Korea’s Military Threats in 2010 and Its Implications for the
Sino-Korean Relation(In Korean) (2011); “ROK-US Alliance and
Interoperability (2010)”; “The PLAN’s Modernization and Its
Impact on the ROKN” (2009)”; “China’s Energy Security and
Development of the PLAN(In Korean) (2005)”; “After the War
on Terrorism : What a Relevance for Navy? (2004)”. His most
recent book is “Maritime Strategy and Development of the
Nation-State” (In Korean) (2010), “The Korean Maritime
Strategy: Issues and Challenges” (In English) (2011) (co-editor
with Dr Geoffrey Till), “The Dilemma of Naval Modernization in
East Asia” RSIS Commentaries in Nanyang Technological
University in Singapore(August 2012), and “The Chinese
Version Monroe Doctrine and Regional Maritime Security” (US
Naval Institute Proceedings, forthcoming) & “The Chinese
Aircraft Carrier: It’s relevance to their A2/AD Strategy” RSIS
Commentaries in Nanyang Technological University in
Singapore(Forthcoming, 2012).

49
Mr. Termsak Chalermpalanupap
Visiting Research Fellow, ASEAN Studies Centre of ISEAS,
Singapore.
E-mail: termsak@iseas.edu.sg

Mr. Termsak is a Visiting Research Fellow at the ASEAN Studies


Centre of the Institute of Southeast Asian Studies (ISEAS) in
Singapore. His research interests include political and security
issues in ASEAN, as well as issues arising from the ASEAN
Charter.
Before joining the ASEAN Studies Centre in late July 2012, Mr.
Termsak had served nearly 20 years at the ASEAN Secretariat
in Jakarta, where his last post was Director of Political and
Security Cooperation, ASEAN Political and Security Community
(APSC) Department. He joined the ASEAN Secretariat in
February 1993, and had served as Assistant Director for
Economic Research, and for External Relations during the
1990s. From July 1999 until April 2009, he was Special
Assistant to the Secretary-General of ASEAN. From 15 April
2009 until July 2012, he was Director of the Political and
Security Cooperation Directorate.
Mr. Termsak assisted the Secretary-General of ASEAN and the
Deputy Secretary-General (APSC Department) on matters
relating to political and security cooperation in ASEAN, the
ASEAN Charter, the ASEAN Senior Officials Meeting (ASEAN
SOM), the Committee of Permanent Representatives to ASEAN
(CPR), the ASEAN Foreign Ministers Meeting (AMM), the
ASEAN Defence Ministers Meeting (ADMM) and the ADMM-
Plus, the ASEAN Ministerial Meeting on Transnational Crime
(AMMTC), the ASEAN Summit, ASEAN preparations for the
admission of new members, and legal issues arising from the
ASEAN Charter, etc. He also conducted research on political
and security issues of interest to ASEAN and the Secretary-
General of ASEAN.
Prior to joining the ASEAN Secretariat, Mr. Termsak had
worked at The Nation, an independent English-language daily
in Bangkok, off and on, since October 1972 in various
positions, including reporter, chief reporter, news editor and
lastly editor of the Editorial Pages until December 1992.
Born in Bangkok in September 1952, Mr. Termsak received a
BA in international relations from Chulalongkorn University’s
Faculty of Political Science in 1977, MA and Ph.D. in political
science from University of New Orleans, Louisiana, the USA, in
1982 and 1986 respectively.

50
Ms. Theresa Fallon
Senior Associate, European Institute for Asian Studies (EIAS)
ASBL, Belgium
Email: theresafallon1@yahoo.com

Theresa Fallon was educated at Loyola University, The


University of Chicago and the London School of Economics and
Political Science. Her area of specialization is energy and her
current research areas are EU-Asia relations and Asian
maritime disputes. In the 1990s she contributed to the Centre
for Global Energy Studies in London, and to Cambridge Energy
Research Associates, Paris. She wrote on energy and current
affairs for Saudi Arabia’s Al Eqtisadiah, the International Arab
Business Daily. From 1998 to 2003 she was the Moscow
representative of PlanEcon, a research and consulting firm.
She lectured at the American Institute of Business and
Economics in Moscow. From 2003 to 2007 she worked in
Beijing as a researcher and consultant. Inter alia, she delivered
presentations at the Chinese Academy of Social Science and
she participated in scenario simulations at the Central Party
School. She gave several interviews to the international media
including BBC and CNN. Now based in Brussels, she is a Senior
Associate with the European Institute of Asian Studies. She
has briefed NATO, the EU Council Working Group on Asia
(COASI) and US Army Headquarters Europe (USAREUR) on the
evolving situation in the South China Sea.

Dr. Tran Truong Thuy


Research Fellow, Institute for East Sea Studies, Diplomatic
Academy of Vietnam
Email: tranhatinh@yahoo.com

Dr. Tran Truong Thuy is a Research Fellow of the Institute for


East Sea Studies at the Diplomatic Academy of Vietnam (DAV).
He was formerly Director of Center for East Sea (South China
Sea) Studies at the DAV. Before joining the DAV, he worked at
the European Department, Ministry of Foreign Affairs of
Vietnam. Thuy was awarded Ph.D. in History of International
Relations and Foreign Policy from the University of RUDN in
Moscow, Russia in 2005 for dissertation on “Maritime Disputes
in the South China Sea”. His research interests are in securities
studies, maritime issues in Asia, and the international relations
of Southeast 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 Disputes in the South China Sea: History,
Present and Prospects (Diplomatic Academy of Vietnam, 2009,

51
in Vietnamese), editor of The South China Sea: Cooperation for
Regional Security and Development (Hanoi, Thegioi Publisher,
2010, in English) and The South China Sea: Towards a Region of
Peace, Security and Cooperation (Hanoi, Thegioi Publisher,
2011, in English).

Prof. Yann-Huei Song


Research Fellow, Institute of European and American Studies,
Academia Sinica, Taiwan
Email: yhsong@sinica.edu.tw

Professor Dr. Yann-huei Song is currently a research fellow at


the Institute of European and American Studies, and joint
research fellow at the Centre for Asia-Pacific Area Studies,
Academia Sinica, Taipei, Taiwan.
Professor Song received his Ph.D. in International Relations
from Kent State University, Ohio, and L.L.M. as well as J.S.D.
from the School of Law (Boalt Hall), University of California,
Berkeley, USA.
He has broad academic interests covering ocean law and policy
studies, international fisheries law, international
environmental law, maritime security, and the South China Sea
issues. He has been actively participating in the Informal
Workshop on Managing Potential Conflicts in the South China
Sea (the SCS Workshop) that is organized by the government
of the Republic of Indonesia. Professor Song is the convener of
Academia Sinica’s South China Sea Interdisciplinary Study
Group and the convener of the Sino-American Research
Programme at the Institute of European and American Studies,
Academia Sinica. He is a member of the editorial boards of
Ocean Development and International Law and Chinese
(Taiwan) Yearbook of International Law and Affairs. He has
frequently been asked to provide advisory opinions by a
number of government agencies in Taiwan on the policy issues
related to the East and South China Seas.
Professor Song’s recent writings mainly focus on the
application of Article 121 of the Law of the Sea Convention to
the geographical features situated in the South China Sea, the
increasing U.S. involvement in the regional dialogue process
that discusses the South China Sea issues, the likelihood of US
accession to the LOS Convention, the China-ASEAN discussions
on the implementation of the Declaration on the Conduct of
Parties in the South China Sea (DOC) in accordance with the
Guidelines they adopted in July 2011, and declarations or
statements made by the parties to the LOS Convention.

52
Prof. Yao Huang
Vice Dean of the School of Law, Sun Yat-sen University,
Guangzhou city, China.
Email: lpshyao@mail.sysu.edu.cn

Yao HUANG is a professor of international law at Sun Yat-sen


University in Guangzhou city in China, a position she has held
since 2004. Since January 2010 she has been vice-Dean of the
Law School of Sun Yat-sen University. In 1997-1998, she was a
visiting scholar of the Law School at Washington University in
St. Louis, the U.S.A. In October 2011-May 2012, she was a
visiting fellow at the Lauterpacht Centre for International Law
of University of Cambridge, U.K.
Yao HUANG studied law and international law at Sun Yat-sen
University and pursued Ph. D. of Law studies at the Law School
of Peking University in 1999-2002.
Her research activities cover the following fields: basic theories
of international law, law of international organizations, use of
force in international law, law of the sea, and international
human rights law.

Mr. Nguyen Dang Thang


Vietnam Lawyers’ Association
Email: thang.nguyendang@yahoo.co.uk

Mr. Nguyen Dang Thang is a general international lawyer. He


obtained a BA in International Relations from the Institute for
International Relations (now the Diplomatic Academy of
Vietnam), Vietnam, in 1999 and an LLM in Public International
Law from the School of Law of the University of Nottingham,
United Kingdom, in 2006. He is now reading for a PhD degree
in the Faculty of Law of University of Cambridge. In Cambridge,
he was member of the Editorial Board, as Editor (2009-10) and
then Managing Editor (2010-11), of the Cambridge Student
Law Review (predecessor of the current Cambridge Journal of
International and Comparative Law). He has been a member of
Vietnam Lawyers Association since 2000 and held visiting
lectureship at the Faculty of International Law of the
Diplomatic Academy of Vietnam. Since 2010 he has also been
an associate of the Centre for South China Sea Studies, now
Institute for South China Sea Studies.

53
EXECUTIVE SUMMARIES OF PAPERS
PANEL 1
THE SOUTH CHINA SEA IN TRANSITION: GEOPOLITICS

1. Asia’s ‘Maritime Moment’ and the South China Sea


Prof. Geoffrey Till
As the Iraq and Afghanistan wars run down, the United States is in the process of
redefining its strategic profile and exploring the possibilities of what is being called a
‘Maritime Moment’. This has resulted in the ‘pivot’ or re-balancing towards Asia, a
reallocation of military effort towards the area and an attempt to re-think its
strategy. Because of the critical importance to American prosperity and security of
sea-based trade and because of a certain wariness about the rise of China, American
attention is increasingly being focussed on the developing situation in the South and
East China Seas.
But the United States is not alone in this. China too is in a process of re-discovering
and reviving its maritime heritage and the importance now attached to the resources
of the sea and to the safety of merchant shipping is evident in its economic planning,
institutions, and public awareness and has shaped its naval policy. Exactly the same
can be said about many other nations around the South China Sea, most obviously
Viet Nam and the Philippines. The same can be aid of countries further away such as
Japan, India and Australia - all of which for their own reasons have a growing interest
and this a growing presence in the area.
As a result of all this, the international context for the South China Sea issue is
changing fast – and in a manner which makes the management of the dispute, if not
its resolution, increasingly urgent.

2. Significance of the South China Sea; Strategic Values of Maritime Domain and SLOC
- Japanese View
VADM (Ret.) Hideaki Kaneda
Under the current security situation, there are some notable instability factors that
threaten Asia Pacific regional security. Those can be classified into two major
categories of traditional and non-traditional factors.
For traditional factors, first of all, there are some confrontational structures as the
remnants of the Cold War era, such as those in the Korean Peninsula and the Taiwan
Strait, which still cast the shadows of instability, uncertainty, and unpredictability in
the region. The second factor is the rapid build-ups of Chinese military power mostly
in their naval and air forces, which have the potentials of disrupting regional military
power balance, as well as military use of space and cyber domain. The third factor
involves territorial, religious and ethnic disputes founded on historical controversies.
Especially, the territorial disputes over islands have the potential to develop into

54
armed clashes. The fourth factor is the confrontational structures over marine
interests, which are closely related to the territorial disputes over islands. All these
factors are likely to present serious effects over the security and stability of the
region as a whole, as they can obstruct the security of SLOCs.
Non-traditional factors, on the other hand, are those new factors that become
apparent after the end of the Cold War. The fifth factor is the proliferation of; the
weapons of mass destruction and ballistic missiles from the Northeast Asia to
Pakistan, Iran and other regions mainly through regional SLOCs. The sixth factor is
the increased vigor of terrorist activities such as bomb attacks, as international
terrorist groups’ strengthened ties with other relevant groups in and out of the
region, mainly targeting the nations with weaker governance, islandal seas and
remote islands. This becomes especially apparent after 9.11 terrorist attacks. The
seventh factor is the trend of globalization and reorganizing of unlawful crime
activities through oceans, such as piracy, narcotic trades, and human trafficking in
the region. The eighth factor is, from the long term perspective, China’s ambition to
secure maritime hegemony, as demonstrated in their efforts to build so-called the
“string of pearls”, a series of strategic (political, economic and militarily) bases, along
the vast major SLOCs connecting the Middle-East and the Northeast Asia.
Upon examining these instability factors, we find some key words common to them.
Among of them, the “Maritime Security” and “China Risks” are the most important
keywords for the stabilization of the Asia Pacific region as a whole.

3. The Obama Administration’s Strategic Rebalancing to Asia: Shifting from a


Diplomatic to a Strategic Constrainment of an Emergent China?
Prof. Renato Cruz De Castro
This article links President Barrack Obama’s 2012 Strategic Pivot to Asia to Secretary
Hillary Clinton’s 2010 Hanoi Declaration on the South China Sea dispute. In 2010, her
declaration during the ASEAN Regional Forum (ARF) evoked a new diplomatic
strategy in confronting an emergent and assertive China—constrainment. This
strategy involved Washington’s willingness to work with the Association of Southeast
Asian Nations (ASEAN) member-states in persuading China to adhere to a
multilateral approach in resolving the South China Sea issue suggests the application
of diplomatic and military pressure to modify China’s behavior. China, however,
admonishes the ASEAN states not to involve the U.S. in the dispute. Eventually,
China’s status as a major economic partner and an occasional political ally of most
ASEAN states enabled it to prevent the U.S. and ASEAN from forming a diplomatic
bloc that could constrain it from pursuing its irredentist goal in the South China Sea.
Furthermore, China’s launched vigorous efforts to oust the U.S. from holding the ring
in this constrainment strategy by applying coercive diplomacy against the other
claimant states. Confronted by the possible failure of its diplomatic strategy, the U.S.
has resorted to its traditional instruments of power in East Asia—bilateral alliance
and forward deployed forces. Currently, the Obama Administration is rebalancing its
naval force from other parts of the world to East Asia. This marks a shift from its
constrainment policy based on forming a diplomatic bloc with ASEAN to one that
relies on American bilateral alliances and reinforced forward deployed forces. Given

55
this change in the U.S. constrainment strategy vis-à-vis China, the Southeast Asian
countries now face one of these three worst case scenarios: an Asian balance of
power in which the great and small powers are locked in a constant competition
creating the risk of alliance-formation, realignment, arms-build-up, aggression and
conflict; or a regional order managed by a condominium of two great powers--China
and the U.S.; or a Sino-centric Asia where China exercises preponderant power to
preserve the order and shape the region according to its preferences.

4. Charm and Harm Offensives: Impacts of Geopolitical Considerations by China and


the United States on the South China Sea Region
Prof. Ngo Vinh Long
Because the South China Sea connects the western Pacific with the Indian Ocean and
hence with the rest of the world, historically its sea lanes have perhaps been most
vital to global sea-borne commercial activities. And partly because of its position
straddling the South China Sea and the Indian Ocean, most of Southeast Asia was
embroiled in the commercial streams that swept through the region during the first
period of globalization and, as a result, most countries in the region eventually
became victims of colonization and war. Yet it could be justifiably stated that never
before have the sea lanes and the maritime domains in the South China Sea been
threatened as at present. What are the reasons for this sorry state of affair?
Some Chinese officials have accused the United States of roiling the current tension
by inducing other Asian countries, particularly those in Southeast Asia, to support a
new strategy of encirclement or containment against China.
The focus of this paper is to find out whether China’s increasing assertive activities in
the South China Sea region have been truly in response to the “rebalancing” of the
United States towards Southeast Asia as claimed.
If so, then what connection did this response have to do with the fact that China has
practically dropped its “charm offensives” towards Southeast Asian countries after
the United States refused to accept China’s proposal in late 2008 to withdraw from
the western Pacific to allow China to control it? If there is a connection, then could it
be surmised that since then China’s activities, which have inflicted considerable
harms to the well-being of many people in Southeast Asia, have been designed to
both test the motives of the United States as well as to intimidate Southeast Asian
countries from towing the American lines?
Or are there other reasons such as, for example, the desire to obtain the support of
the Chinese military before the Party Congress later this year that have induced the
Chinese government to increase military activities in the South China Sea? If so, what
impact will these activities have on the South China Sea region and what Southeast
Asian countries would be able to do to maintain peace and stability as well as to
promote cooperation and development in the area?
This paper will attempt to provide some information and analyses to the above
questions.

56
PANEL 2
RECENT DEVELOPMENTS IN THE SOUTH CHINA SEA

5. Recent Developments in the South China Sea: Continuity and Change


Prof. Alice Ba & Dr. Ian Storey
Events of 2012 indicated more continuity than change as regards the situation in the
South China Sea. While the latter half of 2012 has seen some important moderation,
the legal, geopolitical, and domestic incentive structures driving and governing
maritime disputes remain more or less the same. This paper gives particular
attention to three sets of incentives and activities – jurisdictional; maritime resource
competition; and domestic, nationalist politics – and how these activities have
affected regional relations and the larger geostrategic environment in Asia in 2012.

6. The Choice of Fundamental National Interests and the Position of South China Sea
Issues
Prof. Su Hao & Dr. Ren Yuan Zhe
The choice of a country’s grand strategy needs to correspond with the national
fundamental interests. Taking the minor interests as the basis of strategic decision-
making will lead to mistakes in strategic choices, which might result in great losses in
national development and national comprehensive capacity building. When dealing
with territorial and maritime disputes with each other, the claimant states and other
parties around the South China Sea should evaluate the position of these issues in
their national interest framework. After the end of Cold War, countries around the
South China Sea have “shelved disputes, and sought cooperation”, thus pursuing the
intensive “10+1” cooperation process between China and ASEAN. This proved that
the South China Sea issues are definitely not a fundamental interest of the countries
involved. However, recently the some countries around the South China Sea have
strengthened their claims over South China Sea, pursued their absolute individual
national sovereign security, and taken a series of actions that have destroyed stable
situation in the South China Sea area. This has caused oppositions between
countries, and worsened the security tension in the region. The hostile situation has
also jeopardized the existing economic cooperative relationship between these
countries, and economic development of the countries involved. The consequence is
that it has resulted in the loss of direction in their national development, and great
uncertainty in regional peace and stability. This is exactly the consequence of putting
minor national interest over fundamental national interest. Therefore, after a round
of gaming on the South China Sea, the parties involved should realize their
fundamental national interest is to guarantee their national economic development
and social stability and to further maintain regional peace and development.

57
7. China’s seizure process of the South China Sea through the materialization of the 9
dotted line
Gen. (Rtd) Daniel Schaeffer
This year 2011 – 2012 has been witness of a new step and a further hardening of the
Chinese claim over the South China Sea according to the 9-dotted line. The last
incidents: stand off on Scarborough reef with Philippines, calls for bidding by CNOOC
to operate on nine blocks that are overlapping the Vietnamese EEZ, are made to
start building the materialization of the limits of the maritime area that China
considers as its sovereign maritime territory. More than for economical reasons, this
Chinese behaviour is resting on deep strategic reasons. That means that the situation
will continue festering in the near future through new Chinese initiatives. Are there
possible solutions to extract the whole area from that nightmare?

8. Maritime Disputes in the South China Sea: Tension Or Less?


Mr. Ha Anh Tuan
Tensions in the South China Sea (SCS) re-emerged as early as 2007 and significantly
intensified in the period from 2009 to 2011. Claimant parties took bold measures to
assert their control in the disputed areas and show high resolute to defend their
claimed territories. Non-claimant states also expressed their security and economic
interests in the SCS and actively engaged in various activities and regional dialogues,
making maritime disputes in the region multi-dimensional issues, difficult to be
resolved, involving a large number of stakeholders.
After a period of escalated tensions, disputes in the SCS in the later months of 2012
seems lessened. The number of direct confrontational or provocative incidents
between stakeholders in the SCS is relatively low. On the other hand, no party seems
to soften their position in protecting their interests in the SCS. Existing tensions,
therefore, have not been effectively defused. Sino-Philippine stand-off on the
Scarborough Shoal from April to June, which brought the two countries very close to
an actual conflict, is an obvious example.
The issues that this article is investigating are: (1) Do the maritime disputes in the
SCS escalate or lessen in 2012? (2) Does any stakeholder employ new strategies in
the disputes, leading to new forms of confrontation? (3) If that is the case, what are
the drivers for changes?

58
PANEL 3
DOMESTIC POLITICS AND FOREIGN POLICY IN THE SOUTH CHINA SEA

9. The evolution of Chinese tactics in the South China Sea


Ms. Stephanie Kleine-Ahlbrandt
China’s burgeoning power and a marked rise in assertiveness, in conjunction with a
growing pushback from other claimants, have pushed tensions in the South and East
China Seas to new heights. In April, a clash between the Philippine Coast Guard and
Chinese fishing vessels in contested waters near Scarborough Shoal escalated into a
month-long standoff. In June, when Viet Nam announced new navigation regulations
covering the disputed Spratly and Paracel islands, China struck back by approving the
establishment of a city on a disputed island, authorising the army to form a garrison
there and tendering energy exploration rights to state-run oil firms to begin joint
exploration of hydrocarbons that fall within Vietnam’s EEZ. In September in the East
China Sea, a move by Japan to purchase the disputed Diaoyu/Senkaku islets led
China to respond with economic retaliation, large-scale military exercises, anti-
Japanese protests and increased law enforcement patrols in disputed waters.
These events have highlighted three trends in China’s approach to maritime disputes
in the East and South China Seas. The first is an increased coordination of an
unwieldy bureaucracy consisting of various internal actors which directly profit from
tensions in the South China Sea – and which have served as a driving force behind
China’s overall growing maritime assertiveness. The second trend is that of China is
becoming less reactive and more assertive in its approach to territorial disputes.
Finally, China is showing an increasing willingness to wield its growing economic,
political and military clout to divide South East Asian territorial claimants.

10. “You Kick Me Once, I Will Kick You Twice”: China’s New South China Sea Policy and
the Changing Domestic Context
Dr. Li Mingjiang
The past few years have been an eventful period for the South China Sea dispute,
which has always been a crucial issue for peace and stability in East Asia. As a result
of tensions and disputes in the South China Sea, the relations between China and
some ASEAN claimant countries have worsened and external major powers are
getting increasingly involved in the South China Sea issue.
Being the most powerful country and having engaged in three military conflicts in the
territorial dispute, China’s policy is critical in shaping the future developments of the
dispute and also the dynamics of regional security. This paper examines China’s new
policy in the South China Sea issue. Furthermore, this paper attempts to explore
changes in the domestic context in China regarding the South China Sea dispute. It
seeks to provide a comprehensive explanation of how various domestic factors have
helped shape China’s new policy in the South China Sea issue in the past few years. I
will discuss and analyze these domestic factors in the context of the upcoming

59
leadership reshuffle and explore the possible impact on China’s policy in the South
China Sea dispute.
11. The Role of Mass Media and Public Opinion in Philippine Discourses on the South
China Sea
Prof. Aileen Baviera
Mass media can play a very important role in shaping how the public perceives any
question of public interest. In the Philippines, where most of the established media
organizations are privately owned and therefore profit-oriented, there has been a
need to balance between the goals of selling the news or increasing one’s ratings on
the one hand, and educating or raising awareness among the public on the other
hand. Traditionally, Philippine media has also played the role of a watchdog, taking
government to task for its perceived shortcomings and mistakes.
In the treatment of sensitive foreign policy questions such as the territorial and
maritime disputes between China and the Philippines in the South China Sea, mass
media can be instrumental either in educating the public so that they may develop
objective and informed opinion, or fuelling nationalist sentiment by demonizing the
adversary. Other than editorials, opinion columnists and journalists writing about the
disputes, government officials have had a critical role in providing media selective
information and key messages.
This exploratory study examines how selected major Philippine newspapers and
television networks have reported on the brewing tensions between Manila and
Beijing in the period 2011-2012. Specifically it looks at the questions: (1) How have
media fared in terms of helping educate the public on the facts surrounding the
disputes? (2) What are the key messages about Philippines and China’s positions on
the disputes? (3) What have been the public response and the range of opinion on
this issue? (4) To what extent and for what ends has the Philippine government-
employed media to shape public opinion or send messages?
For further interest, the role of Chinese media reporting in shaping Philippine
opinion will also be addressed.

12. Domestic Politics: the "Under-current" that decides the South China Sea
Mr. Nguyen Hung Son
The South China Sea was most often discussed at the state level, i.e. how states
interact and respond to one another's policies towards the South China Sea, given
their perceived national interests. At sub-state level, however, it could be argued
that there are equally rich dynamics that influence how countries behave on this
complex issue. The paper discusses critical domestic developments in some key
actors in the South China Sea, namely China, ASEAN (as an organisation), and
Vietnam, in order to shed some light on how these "under-currents" influence the
actors' policies in the South China Sea. The paper will look at the gradual shift of
visions and perceptions of the various groups in China on their identity and values in
the changing regional and international order, how that affected China's
understanding of "western" concepts like sovereignty in general and Chinese policies
in the South China Sea in particular. The paper will examine the struggle within

60
ASEAN between national and group interests, between informality and
institutionalisation, and between economic and security interest in the process of
building the ASEAN Community in order to understand ASEAN's position on the
South China Sea. With regards to Vietnam, the paper will discuss the latest
developments on Vietnam's thinking on the regional and international outlook, her
strengthened self-identification as a key ASEAN member state, and efforts to
become a "normal citizen" of the global community to examine how these
developments have affected Vietnam's policies towards the South China Sea. It could
be drawn from the discussions that as the regional order is going through critical
changes with de-stabilizing effects on inter-state relations, sub-state level analysis
could be a fertile ground to seek explanations and solutions to issues in the South
China Sea.

PANEL 4
MILITARIZATION AND IMPLICATIONS

13. China’s Naval Modernization and U.S. Strategic Rebalancing: Implications for
Stability in the South China Sea
Prof. Carlyle A. Thayer
This paper examines whether or not China’s naval modernization and U.S. strategic
rebalancing in East Asia will lead to conflict in the South China Sea. This paper is
divided into six parts. Part 1 discusses China’s maritime objectives. Part 2 analyses
China’s force capability development with a specific focus on the East Sea Fleet and
the development of military infrastructure on Hainan Island and the Paracel and
Spratly islands. Part 3 discusses the U.S. strategy of rebalancing its military forces in
the Asia-Pacific. Part 4 focuses on specific U.S. initiatives with Southeast Asia’s
maritime states including the Philippines and Singapore. Part five offers a net
assessment of future force modernization trends and their impact on regional
stability. Part 6, the conclusion, evaluates the prospects for cooperation for regional
development by reviewing (a) China-U.S. bilateral strategic dialogues and (b) current
multilateral initiatives by the ASEAN Regional Forum, ASEAN Defence Ministers
Meeting Plus, ASEAN Maritime Forum and the East Asia Summit.

14. The Growth Of Chinese Military Power And Its Implications For Military
Modernization In Southeast Asia
Mr. Richard A. Bitzinger
As China emerges as a leading, modern military power in the Asia-Pacific region, the
countries of Southeast Asia are increasingly hedging against possible Chinese military
adventurism by rearming themselves. At the same time, China is hardly the only
reason for the ASEAN states’ current military modernization efforts. Other external
and internal factors – such as new regional security requirements, changing military
doctrines, lingering regional suspicions, domestic politics, and supply-side economics
in the international arms trade – have played much more important roles as drivers
of this process. Nevertheless, as China’s military presence in the South China Sea

61
increases – coupled with a growing assertiveness on the part of Beijing to press its
claims in the region – any actual or potential “China threat” to Southeast Asia will
only grow as the principle driver behind regional military in Southeast Asia.
15. Anti-access/Area denial and the South China Sea
Mr. Christian Le Mière
Much of the confrontational activity in the South China Sea has been undertaken by
unarmed or lightly armed maritime paramilitary forces. There are various reasons
why this has been the case: a desire to avoid military escalation; an assertion or
demonstration of de facto sovereignty; and the less ambiguous legality of
paramilitary operations in disputed waters. However, the threat of coercion posed
by these maritime paramilitaries has been sharpened by rapid military expansion in
littoral states around the South China Sea.
One defining aspect of much regional military procurement has been in the realm of
anti-access/area denial capabilities. While a relatively new term, it is an old idea that
is being embraced by various navies through the purchase and development of
advanced submarines, anti-ship missiles and asymmetric naval capabilities. The
coincidence of these various purchases hints at the action-reaction dynamics now in
play among the regional countries, but also highlights the complex series of discrete
bilateral competitions that exist, for a variety of reasons. This undermines the theory
of a regional arms race but underlines the danger of military procurement
competition.
The effects of the A2AD development, though, have been to shift the defence
postures of a number of states and, perhaps most significantly, lead to a
development in US defence planning through the Joint Operational Access Concept
and Air-Sea Battle Concept. These concepts, in combination with the rebalance to
and within Asia, are driving a new dynamic of strategic competition between the US
(and its allies) and China, even while US forces are withdrawing from China’s near-
seas and affording the country more strategic space. The result is a series of mixed
messages that increase the possibility of miscalculation.

PANEL 5
INTERESTS AND POLICY OF THE EXTRA-REGIONAL PARTIES
IN THE SOUTH CHINA SEA

16. Interests of Japan in the South China Sea


Prof. Masahiro Akiyama
1
In discussing the interests of Japan in the South China Sea, two aspects should be
recognized.
Japan is confronting various problems involving conflicts in the East China Sea (ECS)
and the bordering waters. We always see events and difficult situations in the South

62
China Sea (SCS) comparing with those in the East China Sea. There are many similar
elements between the two seas while some important differences exist. So, first, I
will explain the problems we are facing in the ECS, discussing the similarities to and
differences from the situations in the SCS. I have to touch upon the conflicts
between Japan and Taiwan and China over Senkaku Islands (Diaoyu Dao or Tiaoyu Tai
in China). It is to be done to provide the legal aspects as fairly as possible. By doing
so, the interests of Japan in the SCS can be well understood by concerned countries,
in particular those bordering the SCS. On the other hand Japan can consider well and
appropriately the problems in the ECS compared with those in the SCS.
Second, Japan has interests in the SCS as one of the major maritime states, indeed a
big marine power. Japan has crucial national interests in securing sea lines of
communication, marine resources, maritime security and establishing the ocean
governance. We cannot overlook the disputes in the SCS as if they have nothing to
do with Japan. This point of relevancy is another aspect of the interests of Japan in
the SCS.
2
Maritimes security issues in the ECS and the bordering waters include those involving
territorial claims, maritime delimitation, exploitation of seabed and fishery
resources, securing of sea lines of communication, navigation in the Exclusive
Economic Zone, the Taiwan Strait and power shift paradigm.
With regard to territorial issues, Japan and China, China and Korea, and Korea and
Japan have critical problems, in other words, disputes or conflicts. As a footnote
Japan has a territorial dispute with Russia also over the Northern Territories.
Taiwan and China have claimed sovereignty over the Senkaku Islands ( Tiaoyu Tai or
Diaoyu Dao in China ) since 1970, over which Japan has continuously exercised its
effective control since more than a century ago. Korea is now controlling Takeshima (
Dokto in Korea ) to which Japan has claimed sovereignty since half a century ago.
Between Korea and China some rocks or reefs have caused territorial issues. These
territorial issues have recently become harsh and sensitive matters between the two
states.
Among Japan, China and Korea, delimitation of EEZ and continental shelves in ECS
has not yet been resolved except for some special arrangements. In 1974, Japan and
Korea concluded an agreement for joint development of continental shelf in an area
where the claims of both states overlap. In addition, Japan and Korea, and Japan and
China, reached agreements to set up provisional zones for joint fishery management
in the areas where the EEZ claims of the two respective states overlap. The Japan-
China agreement carefully avoided drawing any line or setting up a provisional zone
near the Senkaku Islands. More recently, in 2008, Japan and China reached an
“understanding” on joint development of oil and gas in the sea bed of the ECS.
However, no further progress has been made in the talks for more detailed
arrangements, while China has continued its gas exploitation in a field which is very
close to the median line of the EEZ of the two countries. Japan has yet to negotiate
on the delimitations of EEZs and continental shelves with 8 neighboring states.
The sea lines of communication in the ECS have faced sometimes difficulties with
missile tests and actions close to a blockade against North Korea. Activities

63
conducted by a non-coastal state’s military ships in an EEZ have brought tensions to
the coastal state. Taiwan Strait related issues and the power shift paradigm are also
realized as threats to the stability in the area.
3
Among Japanese interests in the SCS, securing sea lines of communication is not so
big an issue in a peace time if we can set aside the question of interpretation of
freedom of navigation. The interpretation itself, however, is a big issue if we think
about the activities of non-coastal state’s military ships in an EEZ and their freedom
of use of ocean. With regard to such military activities in the EEZ, a set of guidelines
or principles should be elaborated based upon the provisions and spirits of the
United Nations Convention on the Law of the Sea. Securing marine resources and
maritime security, and establishing the ocean governance are also critical matters for
maritime states.
Multilateral discussions to establish more effective rules on the various issues in the
SCS must be promoted and focused on not only by concerned countries bordering
the Sea but also by the non-coastal maritime states so that an appropriate and
effective ocean governance is formulated.

17. Flashpoint South China Sea: Policy options and Implications for India
Dr. Probal Ghosh
The South China seas region has emerged as one of the areas of intense global focus
with claims and counter claims put forward in an atmosphere of animosity and
mistrust . In a paradigm shift of sorts, the age-old Chinese dictum of hiding one’s
capabilities and strategically biding time for an opportune moment seems to have
been overturned giving way to aggressive posturing by the Chinese especially in the
South China seas. The Chinese claim about 80% of the Sea, has led to increasing
faceoffs and classical brinkmanship with countries contesting the claim. The growing
regional instability is in direct dissonance with India’s interest in the region as Delhi
seeks stability in the region and is keen to ensure the freedom of navigation and
SLOC movement through this trade busy route which sees the transportation of
nearly 50% of Indian trade in the region. Additionally ONGC Videsh has been
prospecting for energy in Vietnam’s EEZ after winning in international bidding
processes. Surprisingly an overlapping area has been offered internationally for
exploration by the Chinese (CNOOC) raising tensions in the region!

18. Policy of the Soviet Union/ Russia in Asia Pacific and in the conflict over the islands
of the South China Sea in the past and present
Prof. Dmitry Mosyakov
The role of the Soviet Union/ Russia in conflicts, occurring in Southeast Asia and the
Pacific, including the South China Sea over the past decades has changed quite
significantly. The Soviet Union has long acted as one of the main sponsors of the
communist guerrilla struggle, together with the PRC supported local communists.
After the Soviet - Chinese break, USSR became the military and political partner, and

64
then the main political ally of Vietnam. The most striking example of this alliance and
the role played by the Soviet Union in Southeast Asia, were the events associated
with the invasion of the Chinese troops to Vietnam, which began on February 17,
1979.
After the collapse of the Soviet Union and the beginning of the new Russian state,
Russia was actually outside of the region, as invisible political and economic partner
of almost all key regional countries. The fact was that new people in the Kremlin had
no government experience and tried to build its foreign policy diametrically opposed
to the policy of the Soviet Union. They believed that Russia should go to Europe,
where will be the future of the country, and close relations with Viet Nam and
countries of Indochina considered that as purely ideological communists friendship,
which was to be discontinued.
Apparent return of Russia to Southeast Asia has caused quite frank irritation in
Beijing. Chinese authorities are closely monitoring the growing weight of Russian
participation, particularly for strengthening ties with Viet Nam and through it more
involvement in the situation in the South China Sea.
Russia is determined to continue its policy “turning to the East” and will play more
important role in international affairs in the Asia Pacific and in the South China Sea.

19. Sino-American Rivalry in the South China Sea: Time for the ROK to Project its
Middle-Power Role
Dr. Sukjoon Yoon
This is just the right moment for impartial outsiders to become involved in the
management of maritime territorial disputes in the South China Sea (SCS). To be
effective, legal and systematic mechanisms are required; ideally through the
establishment of a middle-power league, in which the Republic of Korea (ROK) is very
well placed to play a leading role. Within the foreseeable future, such concepts and
structures can make a useful contribution to alleviating the current tension in the
SCS which has recently generated much Sino-American rivalry. In particular, the
Korean perspective on the SCS issues will be central in establishing the necessary
management mechanisms to stop the situation worsening and to work toward
lasting solutions. Only with a more cooperative and cohesive approach, mediated
through the influence of the middle-power nations of the region, is there any
realistic prospect of success. Several issues are addressed: the East Asian view on
Sino-American competition, especially in the SCS; how the concept of states
cooperating in a middle-power league can improve the existing situation; and the
significance of the ROK as a role-model, with its strong support of major regional
institutions and the prevailing Asian values and norms, from which it has benefited
through regional peace and stability. There is some space available to move toward
peaceful solutions based around legal frameworks; so the ROK can contribute in this
way to help deter the parties from resorting to more destructive political or military
means. Some specific suggestions are offered: First, the US Senate should ratify the
United Nations Convention Law of Sea. Second, China should moderate its assertive
stance. Third, the region should recognize the importance of middle-power nations,
leading ultimately to the formulation of a middle-power league to promote bilateral

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and multilateral cooperation. Fourth, a new “code of cooperation” is needed in the
SCS to mitigate the deficits in trust, to avoid contamination from Sino-American
rivalry, and to bridge disparities and differences among the nations of the region.
Such a code of cooperation, by encouraging a “trust-building strategy”, would do
much to lessen the current East Asian pessimism. This paper concludes that the
successful creation of a regional middle-power league would be a significant step
toward the establishment of more stable and enduring regional regulatory norms;
and that the ROK can and should work toward this end.

PANEL 6
THE SOUTH CHINA SEA IN US - ASEAN - CHINA RELATIONS

20. Understanding Recent Developments in US-China-ASEAN Relations: A US


Perspective
Ms. Bonnie Glaser
Relations among the United States, ASEAN and China have undergone significant
changes in the past decade. Some of the salient factors behind these changes are: 1)
increasing assertiveness by China in pressing its claims in the South China Sea; 2)
resurgence of ASEAN’s concerns about Chinese intentions and ambitions that has
prompted support for increased US involvement and presence in the region; and 3)
announcement by the United States of a strategic rebalance to Asia that includes
economic, diplomatic, and military components. The South China Sea is at the center
of the rebalancing of US-China-ASEAN relations. The territorial and maritime disputes
have become a crucible of how China will treat its neighbors as it amasses greater
comprehensive national power. The disputes have also posed a major challenge to
ASEAN unity. In addition, they have presented a test of US policy, which has
attempted to remain neutral on sovereignty matters, while pursuing a consistent set
of principles in handling the South China Sea.

21. ASEAN, China, the US and the South China Sea: Opportunities for Cooperation
Mr. Termsak Chalermpalanupap
From the ASEAN perspective as a promoter of dialogue and cooperation, the South
China Sea provides good opportunities for China and the U.S. to cooperate with
ASEAN in maintaining peace, stability and security. The most important cooperation
is in ensuring non-use of threat or use of force, and in settling disputes in the South
China Sea by concerned claimant States through peaceful means. China and ASEAN
have written commitments on these principles. China and the four claimant States in
ASEAN are also legally bound under the TAC not to use force, and to settle their
differences or disputes by peaceful means. Maritime security is a broad area for
ASEAN, China and the U.S. to engage in dialogue and cooperation. Doing so needs
not necessarily mean “internationalizing” any South China Sea disputes. ASEAN has
been pursuing dialogue and cooperation on maritime security through ASEAN+1 with
China and with the U.S., ASEAN Plus Three, the ARF, the ADMM-Plus, the EAS, and
the Expanded ASEAN Maritime Forum. However, there is an urgent need to reach a

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common understanding on how to peacefully and safely exercise the freedom of
navigation, especially in the disputed areas in the South China Sea and when it
involves freedom of foreign warships undertaking military activities. One additional
area of cooperation that can indirectly contribute to confidence building in the South
China Sea is in the support of China and the U.S. for ASEAN’s Southeast Asia Nuclear
Weapon-Free Zone.

22. China-ASEAN-US must eye the best despite disputes


Dr. Ruan Zongze
Apparently Asia is now at a crucial crossroads. There are plenty of good reasons for
believing that this region should be whole and united. Yet, there is also a sign that it
may be divided and fragile. The complex situation is testing China-ASEAN-U.S.
relations.
As the world ushers into a new era of “collaborative” recovery and growth, it is hard
for one country to develop alone. The regional theme of peace and development is
quite obvious. Asia’s rise amid financial crisis and economic meltdown adds a
demand for further economic integration. China is respectively number one and
number two trading partner of ASEAN and the United States.
Territorial and maritime dispute, however, may interrupt the economic cooperation
among partners. For its part, China pledged to make joint efforts with ASEAN and the
United States to safeguard regional peace and stability.

23. China, ASEAN and the US in the South China Sea: Rebalancing the Triangle
Dr. Tran Truong Thuy
China, ASEAN and the US remain the most significant players in the South China Sea.
Relationships among the triangle set the tone for the situation in the South China
Sea. In recent years, action-reaction cycle in the South China Sea has increased
tension in the region, deteriorated relations between China and its neighboring
countries, posed challenges for ASEAN in maintaining centrality in the regional
security structure, and strengthened US determination to “rebalance” toward Asia.
The South China Sea issue has become the bellwether for how China will rise
peacefully and play by established rules, a test case for the US in sustaining its
supremacy in the region and a challenger for ASEAN unity. This paper will explore the
interests and policy of China, ASEAN and the US in the South China Sea, analyze the
interrelationships within the triangle in recent years and envisage its implications for
regional stability.

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PANEL 7
LEGAL ASPECTS OF SOUTH CHINA SEA ISSUES

24. The “Duty” to Cooperate for States Bordering Enclosed or Semi-enclosed Seas.
Prof. Erik Franckx & Marco Benatar
The focal point of our inquiry is Article 123 of the United Nations Convention on the
Law of the Sea (hereinafter 1982 Convention) concerning cooperation amongst
states bordering enclosed or semi-enclosed seas. An often-encountered submission
in the specialized literature is the so-called duty to cooperate for states bordering
such seas. In the specific context of the South China Sea, as defined in the
nomenclature given to this area by the International Hydro graphic Organization, this
submission is of special importance because all states bordering the area, with the
exception of Taiwan which is excluded from doing so, are a party to this convention
and consequently each and every one of them is legally bound by Article 123. A
closer reading of the provision, however, casts doubt about the correctness of the
assumption that Brunei Darussalam, China, Indonesia, Malaysia, the Philippines and
Viet Nam are today under a legal obligation to cooperate with one another. Leaving
aside for a moment the present-day tensions in the region, which seem to call into
question the validity of this claim in practice, the present paper first intends to assess
whether these states incur such a legal obligation on the basis of Art.123 of the 1982
Convention. Having come to a negative conclusion, we will subsequently investigate
whether international law imposes other cooperative obligations on states that find
application in the South China Sea context. The duties to cooperate incumbent upon
the aforementioned coastal states emanate from diverse legal fields, for instance
environmental law and the international legal rules applicable to marine living
resources and marine scientific research, and have reached different stages of
development. Not being strictly tied to countries surrounding enclosed or semi-
enclosed seas, it nevertheless seems logical that the raison d’être of these
requirements of contemporary international law will find an a fortiori application in
the constricted marine areas of enclosed and semi-enclosed seas. Our conclusion is
that, although a number of obligations to cooperate certainly apply to the South
China Sea states, the much acclaimed legal source of collaboration, Art. 123, is
unfounded if one is looking for legal obligations incumbent on coastal states
surrounding enclosed or semi-enclosed seas.

25. The South China Sea in Legal Perspective


Amb. Hasjim Djalal
A. Legal Perspective: Customary International Law & International Conventions or
Treaties
B. What are the disputes in the South China Sea?
C. Who are the parties to the disputes
D. The legal instruments for resolving disputes

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26. Rights and Jurisdiction over Resources in the South China Sea: the Significance of
the Status of Geographic Features
Assoc. Prof. Robert Beckman
The status of the various offshore geographic features in the South China Sea is very
important in determining rights and jurisdiction over resources in the South China
Sea. The paper will first discuss the principle that “the land dominates the sea” and
that maritime zones can only be claimed from land territory or islands. It will then
examine the definition of an “island” in article 121 and the maritime zones that can
generally be claimed from islands. It will then discuss the difficulties in interpreting
the phrase “rocks which cannot sustain human habitation or economic life of their
own”, and significance of this phrase to claims to rights and jurisdiction over
resources. It will then discuss the significance of low-tide elevations, reefs, artificial
islands and submerged features to the claims to maritime zones. Finally, it will
discuss the rules on baselines, which apply to the various geographic features and
the significance of baselines in determining maritime zones. Finally, it will examine
how international courts and arbitral tribunals have dealt with small offshore islands
and low-tide elevations when delimiting maritime boundaries between opposite or
adjacent States.

27. Deciding Sovereignty Disputes: Ownership Claims Over “Land Features” In South
China Sea
Capt. (N) Azhari Abdul Aziz
The territorial disputes in the South China Sea have long been seen as a national and
regional security problem. By themselves, they are not serious enough reasons for
states to go to war with each other. They are, nevertheless, a source of insecurity in
the region, especially for the smaller claimant countries. The strategic significance of
the disputes has been raised by the fact that rising China is a major claimant. Its
behaviour is viewed as a gauge of how a strong China may behave in the future. In a
legal dispute concerning the status of an island or sub-aerial features the question
first to be determine is who owns or held sovereign over the island. Secondly, should
the island be entitled to generate continental shelves and exclusive economic zone
and finally, what effect should they have on maritime boundaries delimitations
between adjacent and opposite States. This paper discusses the jurisprudence
developed over eight decades as to the guiding principles on sovereignty over “land
features” in South China Sea especially Malaysia’s contribution to this jurisprudence
by way of the two cases to the International Court of Justice namely the Sipadan-
Ligitan case (2002) and Pedra Branca (2008). This paper seeks to share the
experience that it is less important on how or on what basis ownership over the
island is claimed. Rather, it is more crucial for States to demonstrate that it has
effective control over the island and has peacefully and continuously exercised
sovereignty in form of positive affirmation, be it in the form of administrative,
regulatory and judicial acts over the island over a period of time or commonly known
now as effectivity.

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28. Why was “historical rights” historicized by UNCLOS?
Dr. Nguyen Thi Lan Anh
Ocean accounts for approximately 2/3 of the earth's surface and since ancient time,
residents of many coastal states had made use of the vast ocean surface for
navigation and fisheries. In order to preserve these traditional activities and
maximize national interests at sea, some countries, including those in the South
China Sea, have used historical rights to expand their maritime claims. From the
handful state practices and cases law concerning historic rights, it can be concluded
that historical rights were only established under strict requirements of long-lasting
practices of coastal states and the recognition of others. It is also noted that under
such strict conditions, historical rights have only been limited to fishing rights. Along
with the development of the international law of the sea, historic rights have now
been well replaced by the sovereign and jurisdictional rights of the coastal State in
the exclusive economic zones. Hence, the claim based on historical rights covering
more than 80% of the area of the South China Sea which is not based on any legal
basis, not received recognition from other states and overlapping with the exclusive
economic zones of other littoral states goes against international law.

PANEL 8
COOPERATION IN THE SOUTH CHINA SEA:
LOOKING BACK AND LOOKING FORWARD

29. The South China Sea Imbroglio: Looking Backward, Looking Forward
Dr. Mark J. Valencia
This ‘clash of the titans’ is not a new phenomenon. In classic realist theory,
established powers strive to preserve the status quo that assures their position at
the top of the hierarchy and view emerging powers as potential threats. Rising
powers feel constrained by the status quo and naturally strive to stretch the sinews
of the international system. They fear that the dominant power will try to snuff them
out before they become an existential threat. Thucydides described this ‘natural’
process regarding Athens and Sparta as a combination of ‘rise’ and fear - which
inevitably leads to war. Today this is known as the ‘Thucydides trap.’ Can China and
the U.S. escape it? Or will China behave like the U.S. during its ‘rise’? In the twentieth
century there have been many instances in which the U.S. intervened militarily to
alter political conditions in its favor—in Korea, Vietnam, Cuba, Iraq, Afghanistan and
more than 25 other independent states It is therefore quite, ‘normal’ and it is to be
expected that as China rises it will want --and try-- to do the same.

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30. The South China Sea: Ten Myths and Ten Realities
Amb. Rodolfo C. Severino
All too often, the public discourse on the conflicting claims to territorial sovereignty
and maritime jurisdiction in the South China Sea renders an already complex subject
even more complicated. The mass media and some academic commentators, who
should know better, help this trend along by perpetuating, in the face of the facts
and realities, certain myths related to the disputes. Some of these myths reflect
nationalist sentiments in their purveyors’ respective countries, expressed in public
demonstrations and in traditional and non-traditional channels of communication.
Indeed, some of them may have their roots in nationalist motivations.

31. Implementation of the Sino-Vietnamese Fishery Agreement: Mainly Chinese


Perspective
Prof. Yao Huang & Mingming Huang
The Beibu Gulf is one of the main fishing grounds for both China and Vietnam. The
Sino-Vietnamese Agreement on Fishery Cooperation in the Beibu Gulf (Gulf of
Tonkin) is an important legal instrument to effectively manage and conserve fishery
resources in the Gulf. This article reviews the implementation of the Agreement,
analyzes the main factors attribute to the smooth implementation, discusses the
main problems arising from the implementation and presents some proposals for
improvement.

32. Joint Conservation and Management of Fisheries Resources in the South China Sea:
Existing Institutions, State Practices, and Past Proposals for Cooperation
Prof. Yann-huei Song
This paper studies the possibility of setting up a regional organization in charge of
managing and conserving fisheries resources in the South China Sea as a way to
promote maritime cooperation and help manage potential conflicts in the area. It
begins with a general discussion of current status of fish stocks and fishing activities
in the South China Sea in Part I. This is followed by an explanation for the need to
jointly manage and conserve fisheries resources in the South China Sea in Part II. The
third part of the paper examines the legal and political bases for pursuing maritime
cooperation in the South China Sea. Part IV reviews the existing state and regional
practices in relation to joint conservation and management of fisheries resources in
the South China Sea. Part V looks into the proposals that are related to the idea of
establishing a regional fishery management organization, fisheries cooperative
institutions, or joint fisheries conservation and management mechanism to help
manage conflicts in the South China Sea. The possibility for and obstacles to the idea
of setting up such a joint fishery conservation and management organization are
discussed in Part VI.

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PANEL 9
DISPUTE SETTLEMENT, CONFLICT MANAGEMENT
AND WAYS TO RESOLUTION

33. Path to Peace: Conflict Avoidance through Dispute Settlement


Mr. Henry S. Bensurto, Jr.
The disputes in the South China Sea (SCS) are essentially twofold: 1) territorial
disputes; and 2) maritime disputes.
Steps towards Managing Disputes in the South China Sea: Step 1: Disaggregating The
Disputes; Step 2: Shelving Territorial Disputes, Resolving Maritime Disputes; Step 3:
How to Resolve Maritime Disputes

34. Beijing as an Emerging Power in the South China Sea: Issues for the U.S. and
ASEAN.
Dr. Richard P. Cronin
China’s rise and its ambitions to make up for past centuries of humiliation and
become the dominant power in East and Southeast Asia is unavoidably the most
important geostrategic issue facing the United States in the 21 st Century. The South
China Sea has globally important fisheries and undersea oil and gas deposits which
are still largely unexplored but are already vital to the energy needs and economies
of five other coastal and archipelagic neighbours—Vietnam, Malaysia, Indonesia,
Brunei and the Philippines.
For the United States as well as China’s neighbours in ASEAN, the most challenging
aspect of its rise is a lack of commitment to a rules-based international system
except as it serves its perceived national interests. Of particular concern to the
United States, which maintains a significant military presence in the region, is the
fact that China is seeking to redefine the very definition of international waters by to
asserting rights of sovereignty where none exist. The U.S. also has a strong interest in
regional peace and stability and a “rules-based” international system.
Although the United States has long stated that it takes no position on the conflicting
claims, Beijing has interpreted statements by US officials in support of UNCLOS
principles for determining maritime territorial claims, calls for restraint by all parties,
and recent naval exercises with the Vietnamese and Philippines navies as
unmistakably “taking sides.”
The actual resolution or cooperative management of the South China maritime
disputes is a long term proposition. For the near term, the United States can best
contribute to peace and multilateral cooperation for sustainable resources
management and development by maintaining the wherewithal to carry out a
carefully modulated policy of insisting on US maritime rights, supporting multilateral
regional institutions – especially ASEAN and the ASEAN Regional Forum (ARF) – and
pursuing positive engagement with both China and its neighbours.

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35. Cooperation in the South China Sea: from Dispute Management to Ocean
Governance.
Mr. Nguyen Dang Thang
The South China Sea has long been of interest to scholars of international law and
international relations. But attention has been paid almost exclusively to the
simmering territorial disputes in the South China Sea. While this is justified by the
concern that such disputes pose a threat to regional peace and stability, that the
management of the territorial disputes in the South China Sea dominates existing
literature may belie the fact that the South China Sea is a large semi-enclosed sea
and boasts crucial sea lines of communication. This paper canvasses for a more
comprehensive approach to cooperation in the South China Sea through the prism of
ocean governance. In this vein, the management of territorial disputes is but an
important element of cooperation in the South China Sea.

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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 210C 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 = 20.840 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).
 April 30: Re-unification Day.

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 May 01: International Workers’ 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.

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HO CHI MINH CITY

Overview
Ho Chi Minh City, previously named
Sai Gon, is largest city of Viet Nam in
term of metropolitan area. It is also
the most populous city in the country
with a population of nearly 7.4 million
in 2010.
HCMC is the biggest centre for finance
and economics in Vietnam.

History
Founded during the years of 1623 to
1698, with thousands of Vietnamese
families migrated from the Centre (the
Inner Section) and the North (the
Outer Section) to settle in the plains of
the Dong Nai and the Mekong rivers,
Saigon was already booming with
agricultural production, trading
businesses, and handicrafts. Conquered by France in 1859, the city was influenced by the
French during their colonial occupation of Vietnam. It was the capital of the State of Viet
Nam in 1949. At the end of the Viet Nam War on 30 April 1975, the city came under control
of the Vietnamese People’s Army and was later renamed Ho Chi Minh City in 1976.

Location & Geography


The city centre is situated on the banks of the Saigon River, 60 kilometres from the South
China Sea and 1,760 kilometres south of Hanoi.
It comprises 19 inner districts and 5 suburban districts. The total area of Ho Chi Minh City is
about 2,095 square kilometres.

Climate
The year is divided into 2 distinct seasons – the wet and the dry seasons. The wet season,
which comes with lots of rain lasts from May to November, while the other season, the dry
one, starts in December and ends in April. The average temperature is 28 oC (82oF).

Places of Interest
- Independence Palace, War Remnants Museum.
- Municipal Theatre, Notre – Dame Cathedral.
- Ben Thanh Market, Diamond Plaza, Bitexco Financial Tower, etc.

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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.

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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 Institute for East Sea Studies.
The institute has four centers: Center for Policy Studies, Center for External 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


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

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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;
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

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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: (84-4) 3834 3543
Email: bbtwebsite_dav@mofa.gov.vn

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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 defense 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 No 88/2003/ND-
CP, in its Congress in 2004, the Vietnam Lawyers’ Association passed its new Statutes which

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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 favorable 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.

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

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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.

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