Thursday, March 28, 2024

Sino-Philippine Dispute over Mischief Reef from 1995 to 1999

The Gulf of Thailand is a large area rich in marine resources and minerals including oil. It is also dotted with many small islands. This makes it difficult to delimit the border between not only Vietnam and Cambodia but also Cambodia and Thailand. Sovereignty over those islands in the Gulf was not a problem until the French came when they placed these islands under the administration of Ha Tien. When dispute occurred on taxing the fishermen in the area, the French drew the Brevie line. However, due to historical circumstances beyond hman control, the orignal map letter was not found. This has led to different interpretations of the line and thus the dispute over the legality of the line in border demarcation.  The Agreement on the Historical Waters signed by Vietnam and Cambodia on 7 July 1982 stipulated that “the Brevie line drawn in 1939 will be the line separating islands in the area” and the two sides would “negotiate at a convenient time etc. with a view to demarcating the border between the two countries”.

 

Because of differences in understanding the Brevier line, the two countries have not come to terms on the demarcation of the borderline. Cambodia is of the view that the Brevier line should be taken as the borderline while Vietnam proposes a median line in conformity with the principle of equality, international law and practices, including the 1982 UN Convention of the Law of the Sea.

 

Demarcation of the sea border in the Gulf of Thailand is not easy because of different geographical perception, different interpretation of treaties of colonial times. However, there have already been MOU between countries. They can serve as good examples for some sort of agreement between Vietnam and Cambodia for joint development of resources in the Gulf.

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