VIETNAMESE POSITION REGARDING CHINA’S SOUTH CHINA SEA POLICY OF “SET ASIDE DISPUTE AND PURSUE JOINT DEVELOPMENT
Authors:
Windy Thi Ngoc Minh Phan
Abstract:
The joint development model has been implemented for a long time in the world, for example, the svalbard treaty of 19 December 1920. Since the treaty was born, so far, in the world, more than 100 joint development agreements have been signed and implemented. Paragraph 3 of article 74 of the united nations convention on the law of the sea in 1982 stipulate that “pending agreement, the states concerned, in a spirit of understanding and cooperation, shall make every effort to enter into provisional arrangements of a practical nature and, during this transitional period, not to jeopardize or hamper the reaching of the final agreement. Such arrangements shall be without prejudice to the final delimitation.” it is an important legal basis for the formation of joint development agreements between countries. Joint development has the same meaning as the “Dilution” and “Softening” of conflicts and tensions between the countries concerned. Joint development is, in fact, an appropriate solution that can be applied to the provisional settlement of disputes in the south china sea area and is currently under discussion by the parties. Mutual awareness has opened the prospect and favorable conditions for conducting joint development cooperation activities in the region. Negotiations on specific issues for the implementation of this option as one of the possible solutions to conflicts that need to be considered include Vietnam.