Vietnam Must Be More Assertive in the South China Sea

Picture: East Asia Forum

In an article by East Asia Forum, Raul Pedrozo explains the need for Vietnam to counter China’s aggressive behavior in the South China Sea.

While Vietnam’s current approach to increasing Chinese provocations is understandable given its economic ties and political affinity with China, its policy of ‘cooperation and struggle’ and misguided reliance on a COC will not alter China’s aggressive behaviour and will eventually allow Beijing to solidify its claims in the SCS. That said, Vietnam has not been on the receiving end of Chinese coercion on the level that is currently being experienced by the Philippines at Second Thomas Shoal.

The COC is unlikely to be legally binding or allow for compulsory dispute settlement. And even if it did, China would not comply, as evidenced by its recurring violations of the Collision Regulations (COLREGS) and its refusal to abide by the 2016 decision of the Permanent Court of Arbitration regarding the legal validity of Chinese claims in the South China Sea. Though the decision is binding on China, Beijing has refused to comply, stating it is ‘null and void’ and has ‘no legal binding force’ on it.

By enacting the Maritime Police Law, Maritime Traffic Safety Law and China Coast Guard Regulations, China has clearly demonstrated that it will continue to engage in coercive grey zone operations to solidify its illegal claims in the SCS. To successfully counter Chinese aggression and reclaim sovereignty over its territory in the SCS, Vietnam must take proactive measures to convince Beijing to modify its behaviour and comply with its international legal obligations under COLREGS and the United Nations Convention on the Law of the Sea.