1. The Spratly Islands Territorial Dispute Between China and Vietnam

2. Short History of Relations
Histories of Vietnam and China have long been intertwined
Chinese conquests of the Vietnamese kingdom have occurred often and resulted in some integration of Chinese culture
Following US-Vietnam War, relations deteriorated and led to a military conflict in 1979
Normalization processes began in mid-1980s and were fully normalized by the end of 1991
Since then, relationship has been characterized by two trends: positive and negative
However, in recent years, there have been improved cooperation between two nations in settling territorial disputes

6. Geography
Consists of 100 islands with a total land area of about two kilometers
Lay dead center across major sea-lanes in South China Sea
Significant resources that include rich fishing grounds and oil & gas resources
Largely unexplored until recently
Due to location and potential for energy and food resources, 45 islands are occupied by small numbers of military forces from five countries

7. Claims to Islands China, Taiwan, and Vietnam’s claims: historical
Philippines: first country to establish itself on islands
Malaysia and Brunei: based on Law of the Sea

8. History of Fighting Islands remained mostly unoccupied until 1980s
China began to establish physical presence in 1987
Clashes between China and Vietnam in the Spratlys would continue until 1994
November 1994: both countries agreed to enlisted a joint committee to resolve dispute
Minor attacks still continue as China and Vietnam seek to control the region

9. Bilateral Means to Solution
China’s preferred method of resolution
PRC and Vietnam border dispute
Led to Sino-Vietnamese War in 1979
Low-Level conflict continued until normal relations resumed in the 1990s
Land Border Treaty (1999)
Paracel Islands Dispute
Vietnamese attempt to control islands led to complete Chinese takeover of the islands

10. Law of Sea Stop nations from undermining “freedom of the seas” concept
Adopted by Vietnam in 1994 and by China in 1996
200-nautical mile exclusive economic zone (EEZ) created overlapping claims
In the event of disputes over maritime possessions, three means may be used: the International Tribunal for the Law of the Sea, International Court of Justice, or Arbitration

11. International Tribunal for the Law of the Sea
Made up of 21 independent members
Since inception in 1996, it has seen thirteen cases
Lack of financial support in 2000
Has support from leaders around the world
Hard to say whether it will be effective since it is relatively new

12. International Court of Justice
Has seen territorial disputes before and will see a Southeast Asian territorial dispute in 2006
Ability to use compulsory jurisdiction has pushed nations to withdraw from the Court
Impartiality of judges has been questioned
Only decides a few cases a year and is considered inefficient

13. Permanent Court of Arbitration
Oldest in the field of international dispute settlement
International Court of Justice has overshadowed it and reduced to a few cases a year
Since early 1990s it has reinvented itself and now offers flexible rules of procedures
Has succeeded in settling other Asian disputes

14. ASEAN Established on August 8, 1967
ASEAN Regional Forum (ARF) created in 1994
Declaration on the South China Sea (1995)
Code of Conduct (1996)
Declaration on the Conduct of Parties in the South China Sea (2002)

15. Conclusion
Potentially valuable to any Southeast Asian country that claims them
China: striving for good relations and stability in the region; wishes to avoid economic upheaval
Vietnam: has weak military and seeks to create good relations with its neighbors
Trends indicate territorial disputes in the South China Sea are slowly getting resolved
Seems likely that any resolution will have to be achieved through either the Permanent Court of Arbitration or the International Tribunal
However if no action is taken by either nation then situation will linger at its current state