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Background Briefing: Vietnam: International Workshop on South China Sea, Quang Ngai City Carlyle A. Thayer May 18, 2013

[client name deleted] Q1 Could you provide a brief introduction of the international workshop you attended in Quang Ngai City? ANSWER: This was the first international workshop on the South China Sea to be held outside of Hanoi and Ho Chi Minh City. It was hosted by Pham Van Dong University but held in the Petrosetco Tower Hotel in Quang Ngai City. The conference was focused specifically on the historical and legal claims to the Paracel and Spratly islands. Although the workshop only lasted one day the program was very intense. The workshop was divided into two 2-hour sessions. The first session focused on International Law and a Nations Historical Sovereignty. There were seven presentations, five by foreign scholars and two by Vietnamese experts. The foreign scholars came from Australia, India and three from the United States including Professor Ngo Vinh Long, University of Maine. The Vietnamese specialists were well known at home and abroad, they included Professor Do Tien Sam one of Vietnams foremost experts on China and Hoang Viet an expert on international law at the Ho Chi Minh City University of Law. The second sessions focused on Historical and Legal Sovereignty of Vietnam Over the Paracel and Spratly Islands. There were six presentations equally divided between American and Vietnamese experts. It was notable that two of the American presenters were overseas Vietnamese, Ho Bach Thao and Nguyen Trong Binh. Each session was co-chaired. Speakers were limited to fifteen minutes and there was plenty of time for discussion. The workshop included thirty-two officially registered participants, seventeen foreigners and fifteen Vietnamese. The foreigners came from a diverse range of countries: Australia, Canada, India, Italy, Philippines, Russia, South Korea, Taiwan, and the United States. Q2. Do you think it is useful (or not), compared with other international workshops on the South China Sea held in Vietnam? Do you think Vietnam can continue to organize such workshops?

2 ANSWER: Pham Van Dong University clearly showed that it was capable of organizing and conducting an international workshop of high standard. The pre-workshop administration was superbly handled by Mr Nguyen Tue, Assistant to the Rector. The proceedings were simultaneously translated into either English or Vietnamese depending on the language used by the speakers. All conference papers were printed and distributed on time. During the second session I asked all the Vietnamese presenters to respond to one question: in their reading of the Vietnamese historical records was there any mention of the presence of foreigners in the Paracels. All participants gave detailed replies. Yes there was evidence that Chinese citizens visited the Paracels but it was against Chinese law to live abroad at that time. There was no evidence of involvement of the Chinese central government but there was evidence of activities carried out by Quangdong province officials. There was no permanent presence. But Vietnamese scholars provided evidence of annual voyages to the Paracels under orders of the Nguyen Lords. There was a large media presence and all scholars had an opportunity to be interviewed. One short-coming was that several overseas and even Vietnamese specialists who wrote papers could not be accommodated on the busy program. This included the former Secretary General of ASEAN Rod Severino, Philippine scholar Dr. Renato de Castro and Dr Subhash Kapila from Indias International Relations and Strategic Affairs consultancy. Q3. How did participants, especially Vietnamese participants, respond to your presentation on the Philippines claim to the UNCLOS Arbitral Tribunal? ANSWER: My paper was preceded by a presentation on the same subject by Murray Hiebert from the Washington, DC-based Center of Strategic and International Studies (CSIS). Mr. Hiebert presented an overview of the Philippines claim to the UNCLOS Arbitral Tribunal and argued that Vietnam should join and support the Philippines. My paper covered much the same ground but I only addressed the implications for Vietnam of three scenarios: the Arbitral Tribunal dismisses the case, the Arbitral Tribunal finds in favour of the Philippines and the Arbitral Tribunal delivers a mixed decision. During the discussion period more questions were directed at the other speakers. The Vietnamese participants were largely silent and neither supported nor opposed the recommendations by Mr. Hiebert. My presentation touched on two sensitive areas: Vietnams excessive baseline in the southeast (the so-called pregnant lady) and the need for Vietnam to clarify its claims to islands, rocks and other features in the South China Sea. I did not receive any critical questions. The co-chair of session one, Dr. Nguyen Hung Son from the Diplomatic Academy of Vietnam, noted that I raised three scenarios but did not offer a view of what I thought would be the likely outcome. Q4. Do you think the presentations of historical evidence by Vietnamese scholars was interesting to foreign participants?

3 ANSWER: No matter how hard foreign scholars work to understand the historical and legal background to sovereignty disputes in the South China Sea they must still rely on Vietnamese scholars who can read ancient texts and documents in Vietnamese held in archives in Vietnam. This workshop was invaluable in educating foreign specialists. For example, Dr. Nguyen Dang Vu, Director of the Department of Culture, Sports and Tourism, Quang Ngai Province Peoples Committee, provided a riveting presentation on Emperor Ming Manhs certificates of travel to the Paracel Islands. Professor Nguyen Quang Ngoc from Ha Noi National University, provided new information on the Paracel Brigade which certainly enlightened me. Finally, Dr. Nguyen Nh, from the History Association of Vietnam, was outstanding in exposing the weaknesses of Chinas claims. Q5. What did you find of interest during your trip to Ly Son island? ANSWER: First I would say that all foreigners benefitted from the three hour car ride from Da Nang International Airport to Quang Ngai City. This provided a brief roadside glimpse into life along the National Highway, especially the many export zones. Second, the boat trip to and from Ly Son provided an opportunity for the participants to bond with each other as they exchanged views. Third, Ly Son provided a practical demonstration of Vietnams long maritime history. On arrival one could not help but noticing the large number of fishing boats. The purpose of the trip, other than sightseeing, was to attend the Paracels Soldiers Feast and Commemoration Festival. This festival reflected a share historical memory of the sacrifices and successes of Vietnamese over two centuries ago. What was most interesting to me were two briefings by Vietnamese fishermen. One was by a fisherman who fished in the Paracel Islands in 1981 and brought back cloth rubbings of inscriptions found on a stone monument which he could not read. These were stele erected during the second year of the Nguyen Dynasty and provided historical evidence that the Paracels were under Vietnams jurisdiction. The fisherman recounted how the Chinese destroyed these markers. He also spoke about his capture and ill-treatment and expressed his determination to continue to fish in Vietnamese waters. The second fisherman was the captain of the fishing boat that caught fire after a Chinese ship fired flares at it. The captain could not identify the Chinese ship except to say it was painted white. This would indicate it was not a grey-coloured warship.

Suggested citation: Carlyle A. Thayer, Vietnam: International Workshop on South China Sea, Quang Ngai City , Thayer Consultancy Background Brief, May 18, 2013.