23/7 days, the International Conference "The legal issues related to the judgment of the Court of Arbitration was established under Annex VII of the UN Convention on the Law of the Sea (UNCLOS) in 1982" (in the event China Philippines) by HCMC Law University in cooperation with Vietnam Lawyers' Association held, took place at the Reunification Hall, Ho Chi Minh City. Many conference participants said that the verdict of the Court of Arbitration shall be conducted by a law enforcement mechanism specific, clear, transparent and internationally supervised closely.
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Chaired the workshop included members representing the permanent Court of Arbitration The Hague (Netherlands) - Prof. Dr. Erik Franckx; Vietnam had Prof. Dr. Mai Hong Quy- Rector of HCM City University of Law, Head of BTC seminar and Prof. Dr. Le Minh Tommy Vice President and General Secretary of the Vietnam Lawyers Association.
Contracting State to the 1982 UNCLOS must be exemplary
Discussion at the workshop, Prof. Dr. Donald Rothwell- deputy head of the Law Faculty of the National University of Australia shared the judicial measures dispute settlement under UNCLOS. In the Philippines the Chinese event, Professor Rothwell emphasized that the incident has been resolved by way of arbitration court established under Annex VII of the 1982 UNCLOS.
In the previous cases, the selected countries (Article 287 of the Convention on the Law of the Sea 1982) dispute settlement bodies, including the International Court of Justice (ICJ), the International Tribunal on the Law sea (ITLOS), the arbitration council established under Annex VII (which is selected in the lawsuit Philippines China on 01.22.2013).
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Prof. Donald Rothwell: The ruling of the arbitration council to force the parties to adhere to a responsible way, the rule of law. The ruling is final and no appeal shall be complied with by the parties.
Thus, the ruling of the arbitration council to force the parties to adhere to a responsible way, the rule of law. "The parties must create favorable conditions for the operation of the Arbitration Tribunal and the parties shall bear the costs equally unless the Arbitration Court decides otherwise. The decision of the Arbitration Court and the Chief Justice by a majority of one vote decision.
The ruling is final and no appeal shall be complied with by the parties. The dispute related to the interpretation or how to implement the judgment can submitted to the Court of Arbitration, or pursuant to Article 287 of the court or arbitration "- Prof. Donald Rothwell said.
SCS is an expert, Prof. Dr. Carl Thayer- Australian Defence Force Academy, said China's main national plays an active role in negotiations on the UNCLOS 1982, provides a mechanism to resolve disputes on key the Convention Center. Therefore, there is no reason for China to delay or do not comply with a ruling given by the Court of Arbitration was established under Annex VII of the 1982 UNCLOS.
According to this expert, "UNCLOS is a package agreement and its ratification, to be bound by all provisions of the Convention; not fussy regulations they want to comply ".
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Prof. Carl Thayer: UNCLOS is a package agreement and its ratification, to be bound by all provisions of the Convention; not fussy regulations they want to comply.
Dispute settlement like?
Going into specific issues in dispute resolution, the scholars said that the judgment of the Court of Arbitration shall be conducted by a law enforcement mechanism in a specific, clear, transparent, supervision tight international.
Analysis of the dispute settlement mechanism in the case of China and the Philippines experienced event for Vietnam, Dr. Nguyen Toan Thang, Deputy Director of the Center of Comparative Law (Hanoi Law University) acknowledged: the Court of Arbitration rejects "the line" (also known as "U-shaped line") by China's claims put forward, also identified specific legal status of the marine structure, distinguish islands, reefs and Shoals floating at the time sink.
In that dispute settlement mechanism of UNCLOS includes general principles, methods, procedures, facilities and legal institutions, with close relationships, interacting with each other, is set to adjust the relationship between the subject of the dispute.
Dr. Thang also offer evaluation: The Philippines Chinese events have a certain impact on Vietnam, especially in two aspects as "nine-dashed dotted line" and the legal status of the geological structure in the sea.
"Dispute settlement mechanism of the Convention has been applied many countries, particularly the Philippines, is the basis for Vietnam can consult experienced in resolving disputes with countries in the region" - under Mr. Thang.
Some scholars also do not exclude the possibility that Vietnam can apply UNCLOS to resolve the dispute. Among them, the dispute shall be settled at the International Court of Law of the Sea and the International Court of Justice when stakeholders accept the jurisdiction of the Court.
In relation to China, the ability to resolve disputes at the Court of Arbitration under Annex VII have high feasibility, including special content 2: Requires statement claims the Chinese government set up in the South East must comply with UNCLOS; Ask the Court to determine the legal status of the geological structure of the Paracels and Spratlys of Vietnam that China was violating the unilateral implementation of the act changes the status of the geological structure .
In his speech, Dr. Nguyen Ngoc leader, President of the Center for Strategic Research and International Development (CSSD) Evaluation: In a positive aspect if China adjust some behavior and argument they related to the South China Sea, the ruling could open up a way out of honor. Beijing can escape the "round her needle" 9-dotted line, or a "place shackles - major political neck wear" as a scholar Singapore called, and quietly "turn sub great success in itself."
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