Special hope in the East Sea

Báo Tuổi TrẻBáo Tuổi Trẻ27/10/2023

At the 15th International Scientific Conference on the East Sea in Ho Chi Minh City (co-organized by the Diplomatic Academy and partner agencies), on October 26, scholars and delegates discussed the role of the coast guard.
Các diễn giả tham dự Hội thảo Khoa học quốc tế về Biển Đông tại TP.HCM ngày 26-10 - Ảnh: NHẬT ĐĂNG

Speakers attending the International Scientific Conference on the East Sea in Ho Chi Minh City on October 26 - Photo: NHAT DANG

In the story of the East Sea dispute, the Coast Guard is a rather special force, both in terms of function and legal aspects. Clarifying the role of the Coast Guard also reflects the expectation of "narrowing the gray sea area, expanding the blue sea area", in line with the theme of this year's conference.

In 2018, our patrol boat met the Vietnamese Coast Guard in a disputed area at that time. And we sat down, the commanders of the two ships sat down and had coffee together.
Mr. Hudiansyah Is Nursal (Deputy Director of Law and International Law BAKAMLA, Indonesia)

Police in the "gray zone"

One of the most worrying developments in the South China Sea is militarization, which carries the potential for war when conflicts escalate beyond a threshold. In the context of this issue not being resolved, most countries involved in the South China Sea dispute see the role of dialogue. And to maintain dialogue, most parties call for restraint in the developments on the ground.

Notably, although it may not seem as “serious” as the appearance of missiles, fighter jets, or land reclamation and militarization, the fierce verbal battles between countries often involve on-the-ground clashes where coast guards are present.

In principle, the coast guard is a force to protect territorial sovereignty, in areas clearly defined by international law. However, the problem becomes complicated when domestic law conflicts with international law in disputed areas, meaning that a country can violate international law in the process of enforcing what it considers to be "compliance with national law".

According to Associate Professor Dr. Nguyen Hong Thao, currently in overlapping and disputed areas, using the coast guard according to national law to chase away and punish the activities of other forces and other people... will cause conflicts.

The issue of coast guard reflects the connotation of the two words "gray zone" in the East Sea. Speaking to Tuoi Tre on the sidelines of the conference on October 26, Mr. Nguyen Hong Thao said that scholars and delegates are debating the concept of "gray zone".

"That is, when applying international law and national law, there will be gaps that can be interpreted differently, creating 'gray areas'. Countries will come up with interpretations that are beneficial to them," he said.

"In addition, they can also use other forces such as the maritime militia, which is between civilian and military. In the law, these terms and regulations are not clear. Sometimes people will use the maritime militia to carry out military tasks, sovereignty and territorial disputes," analyzed Ambassador Nguyen Hong Thao, a member of the United Nations International Law Commission.

Waiting for goodwill from "coast guard diplomacy"

Resolving, or at least finding consensus on the role of the coast guard is seen as one of the ways to build peaceful seas. In addition, the coast guard itself can also be a hope to foster trust, promising a way out of the deadlock surrounding the issue of collisions at sea.

One of the strongest advocates for the role of the coast guard at the East Sea conference on October 26 was Mr. Hudiansyah Is Nursal, deputy director of international law and legal affairs of the Indonesian Maritime Security Agency (BAKAMLA).

According to Mr. Nursal, the problem in the East Sea is not just a dispute. However, the Indonesian Coast Guard is very interested in the developments in the East Sea, and observes developments related to the coast guards of the Philippines, Vietnam and China.

Speaking to Tuoi Tre, Mr. Nursal cited an example related to Indonesia in the past, emphasizing that this country focuses on how to cooperate with the coast guard of other countries in the region, because maritime security is essentially a transnational story.

"That's why we put a lot of effort into coordinating with the region, from Malaysia, Vietnam, the Philippines, to Singapore. Because I think with good coordination, with trust in each other, we can stand together," he said. According to Mr. Nursal, the coast guard cooperation between Indonesia and Vietnam is very strong. The two countries have also coordinated well with Malaysia in many different missions, including search and rescue.

At the conference, speakers discussed "coast guard diplomacy" as a way for coast guard forces to contribute to foreign affairs as... diplomats. The effort of "coast guard diplomacy" is not without challenges, however. The first challenge lies in communication between ships. The second is the issue of goodwill, because not all countries are willing to respond.

According to Mr. Nursal, Indonesia has participated in the ASEAN Coast Guard Forum, which was established in 2014, and this is a good mechanism to solve communication difficulties in "coast guard diplomacy".

Young people want to contribute to keeping the East Sea peaceful

On October 26, the 15th International Conference on the East Sea dedicated a special session to young leaders from countries in the region. This is an opportunity for the next generation to share their research and perspectives on issues related to the East Sea.

Responding to Tuoi Tre, Nicolás Antonio, a law student at the University of the Philippines, emphasized the importance of peaceful solutions: "We don't want war. What we want is dialogue and law - a solution to the conflict, based on the principles of international law."

According to Antonio, young people have their own way of contributing to the current issues in the East Sea. "We are the generation of social media. Coming from a country where fishermen are the second poorest group of people, I believe that I can use social media to help shed light on their stories," he said.

Dinh Thi Tung Lam, a fourth-year student majoring in international law at the Diplomatic Academy of Vietnam, said she expects countries to negotiate, reach agreements and come up with solutions based on respect for the provisions of international law, especially the United Nations Charter and the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

"I think the issues surrounding the East Sea are very complicated, not only to be solved in the present but also in the future. Therefore, the voices of young people need to be heard and respected," Tung Lam shared.

Tuoitre.vn


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