| Summary: | 碩士 === 淡江大學 === 東南亞研究所 === 87 === Of all its territorial disputes, the one(s) with Vietnam is most complicated for PRC. Their disputes fall into three major areas, namely, the 1,347 Km borderline, the Gulf of Tonkin and the islands in South China Sea. From historical point of view, the origin of their disputes dates back to 1887 AD when the Qing dynasty signed the border agreement with the French colonial government in Vietnam. As a consequence, it is important to take historical evidence, official documents, modern international laws and the 1982 UN Convention on Law of Sea into account when studying the disputes between the two countries.
In my thesis, I found the following points:
1. The international situation not only influences the relations between the two sides but also the way with which they handle the border disputes. The disputes, ironically, are not the major factor in determining the bilateral relationship. When the relations between PRC and Vietnam deteriorate, decision-makers of both sides would use border disputes as an excuse to justify their military actions. In peace time, negotiations would be the way for a settlement.
2. The negotiations between the two countries can be divided into four parts, namely, the routine talks between specialists, the annual talk between vice foreign minister, the political negotiation between foreign ministers and the political guidelines made by top decision-makers. The routine talks between specialists also serve as the venue to fulfill the agreements achieved in all negotiations or talks.
3. Of all the disputes, the one in the South China Sea is the most difficult one, the dispute over the Gulf of Tonkin comes in second and the borderline dispute the third, This explains why the two countries had agreed to settle the disputes in their borderline and the Gulf of Tonkin, but still there is no timetable for the settlement of their South China Sea dispute.
4. Vietnam cannot compare with PRC in terms of overall national strength. It is not easy to find a just and fair solution for their territorial disputes. Vietnam''s fear over PRC grows as the latter becomes stronger. The statements made by both sides over the South China Sea are aimed at maintaining the status quo and not being provocative. Both sides are exercising restraints to avoid any possible conflicts, which might undermine their relations and cooperation. The joint working group, though still in its initial stage of operation, is an indication of the willingness from both sides to settle their disputes through negotiations.
5. For the time being, PRC''s attitude toward border disputes can be summarized as "mutual respect, fair and reasonable solutions, friendly negotiations". It does not support the solution that Vietnam enjoys two thirds of Gulf of Tonkin territorial waters. As for its policy toward the South China Sea, PRC has always been very persistent. Its guiding principle can be summarized as "sovereignty belongs to China, but willing to set aside all disputes for the purpose of joint venture". As for Vietnam, it still claims that it has the sovereignty over the South China Sea, but is also willing to negotiate with PRC on the basis of historical treaties and agreement reached with PRC.
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