Call for an international settlement of the South China Sea dispute

From: VDK LAW OFFICE
Subject: Call for an international settlement of the South China Sea dispute
To: ottawacons@state.gov
Date: Tuesday, July 12, 2011, 3:30 PM

Delivered by fax & e-mail- Total page(s): 3

Ottawa , July 12, 2011

United States of America

Department of State

Hillary Clinton, Secretary of State
2201 C Street NW
Washington , DC 20520

c/o: The Embassy of the United States of America

490 Sussex Drive

Ottawa , Ontario K1N 1G8

Tel: (613) 688-5335

Fax: (613) 688-3082

ottawacons@state.gov

RE: Call for an international settlement of the South China Sea dispute

Dear Secretary Hillary Clinton,

As you prepare to make your trip to the 18th ASEAN Regional Forum (ARF) in Bali , Indonesia , in mid-July, I would like to take this special occasion to highlight my grave concern regarding the growing dispute in the South China Sea , and urge you to raise it during your public and private discussions with your ASEAN and Chinese counterparts.

As stated during your previous visit to the ASEAN Regional Forum, in Hanoi, in 2010, “the United States has a national interest in freedom of navigation, open access to Asia’s maritime commons, and respect for international law in the South China Sea,” it has also been expressed by your Senate in Senate Resolution 217 published June 27, 2011, to seek a “multilateral, peaceful process to resolve these disputes,” and support “the continuation of operations by the United States Armed Forces in support of freedom of navigation rights in international waters and air space in the South China Sea.” This news is most welcoming. The ongoing presence of the United States Navy and other military assets in the region will act to contain Chinese expansionism. In addition, the Senate resolution called for all parties involved to refrain from violence. This is much in line with my hopes and desires for the turbulent region. My hope is that the international community would have formally addressed the current disputes in the South China Sea and act to resolve the situation; and yet, little has been done. As it happens so often, it must be the United States to lead the charge in this matter.

The growing conflict in the South China Sea is a matter of grave concern to not only China and the affected members of ASEAN, but to the international community as well. Finding a fair and agreeable solution to the conflict will require political sacrifice from all parties involved. It is a challenge to be sure, but far from impossible. As the regional superpower, China should put an end to and abstain from continued acts of aggression, which have only served to antagonize its ASEAN neighbours. If this century should belong to China , as proclaimed so often in the media, it must validate its status as a willing and cooperative participant on the international stage through sound judgment, fairness of play, and the judicious use of force.

At present, China is engaged in bilateral talks with its neighbours in an effort to resolve specific disputes in the South China Sea . Yet, as diplomacy runs its course, China ’s military is hovering ominously in the background, conducting manoeuvres that can only be perceived as intimidation. Its economic and military might in the region cannot be disputed; therefore, there is no reason for China to pursue a course of action where its economy and military can be allowed to dominate over disadvantaged and weaker nations. To do so will be seen as heavy-handed and counter-productive to long-term peace and stability in the South China Sea . Acts of aggression from not just China but all parties involved should be avoided, so as to not inflame tensions further. Another arms race-another Cold War, even-will gain nothing but cost everything.

Here exists an opportunity for China to demonstrate its maturity and leadership on the international stage through the adherence of international law. It is in the best interest of China to cast away past and present disputes with neighbouring countries, withdraw to a neutral position, and engage in a multilateral discussion on issues pertaining to the South China Sea . However, matters of international importance must be resolved internationally in order to reach a fair and peaceful resolution. The South China Sea is not simply a regional concern but a global concern, and any resolution must involve the global community. The voices of all concerned, and not merely China and ASEAN members, must be heard. Should China commit to multilateral rather than bilateral talks, this will demonstrate to the international community that it is secure in its identity and is willing to compromise for the benefit of all.

There is a role for China in the global community, one that may prove beneficial to the United States . The South China Sea is but one of many locations in the world where there are currently disputes. Africa is rife with tribal and ethnic warfare, and the Middle East has experienced one revolution after another. It has sometimes been said that United Nations peacekeeping operations lack “teeth.” To have a responsible and cooperative China as a partner in the future of international conflict resolution will be an invaluable asset, a role China will, and perhaps may have already begun to, seek. Furthermore, a responsible and cooperative China will be less threatening, not only to its neighbours but to the world at large. However, before China can ascend to this role, it must first demonstrate its ability to solve the South China Sea conflict in a manner that is befitting an international leader. China cannot be allowed to continue intimidating and threatening its neighbours into bilateral agreements at the expense of regional stability and security.

In light of the above, as a natural leader and global superpower, I believe, in agreement with Senate Resolution 217, it is in the best interest of the United States to facilitate an international settlement of the South China Sea disputes in accordance with the rule of law. It is imperative that the conflict be brought to bear on the international stage, for China must then resolve the situation publicly. Forcing China into multilateral discussions will dilute its influence and control over the region. Its decisions will face scrutiny before a global audience, perhaps inviting other actors to join the debate over the South China Sea . A peaceful and fair, internationally agreed-upon outcome is the best possible scenario, the most desired. Preservation of the liberty and security of the high seas, free of harassment or threat of harassment, must be ensured.

Once again, I urge you to raise this issue during your discussions with ASEAN members and China . Competing claimant countries should be made aware that they must adhere unconditionally to international law by using the United Nations Convention on the Law of the Sea to settle the dispute in the South China Sea . I implore you to speak clearly and publicly on this very important issue, for this is a matter of international importance.

Last but not the least, I appreciate your attention to this extremely important matter and would welcome the opportunity to meet with you for further discussion.

Yours sincerely,

Khanh VU DUC, LL.L., LL.B., MPA
Barrister, Solicitor & Notary Public
VDK LAW OFFICE
Integrity – Competence – Excellence
838 Somerset Street West, Suite 30, Ottawa Ontario K1R 6R7 Canada
Tel: (613) 867-2071 or (613) 238-8889 – Fax: (613) 238-8890

Email: vdklawyer@rogers.com
NOTICE OF CONFIDENTIALITY: The information contained in this email message is solely for the intended addressee. This message may be protected by the solicitor-client privilege and/or contain confidential material and, access to this message by anyone other than the intended addressee is unauthorized. Unauthorized recipients are required to maintain confidentiality. Any review, retransmission, dissemination or other use of this message by persons or entities other than the intended recipient is prohibited and may be unlawful. If you have received this message in error, please notify us immediately and destroy the original. Thank you for your cooperation.
AVERTISSEMENT DE CONFIDENTIALITE: Les informations transmises par la présente sont destinées uniquement au(x) destinataires(s) susmentionné(s). Ce message peut être protégé par le secret professionnel et/ou peut contenir des informations confidentielles. L’accès à ce message par toute autre personne que celle(s) nommément désignée(s) en est donc interdit et la confidentialité du message doit être sauvegardée. Toute référence aux informations qui y figurent, toute retransmission, dissémination ou utilisation de celles-ci par quiconque qui n’en a pas l’autorisation est strictement défendue. Si vous avez reçu cette communication par erreur, veuillez nous en aviser immédiatement et détruire l’original. Merci de votre collaboration.