An expert in the South China Sea issue on an exclusive interview at the European Sting

Mrs Mrs Yan Yan, Deputy Director of the Research Center of Oceans Law and Policy in the National Institute for the South China Sea Studies (NISCSS)

Mrs Yan Yan, Deputy Director of the Research Center of Oceans Law and Policy in the National Institute for the South China Sea Studies (NISCSS)

Last Wednesday the European Sting took an interview in Brussels from an expert on the South China Sea. Our interviewee this time was Mrs Yan Yan, Deputy Director of the Research Center of Oceans Law and Policy in the National Institute for the South China Sea Studies (NISCSS) and a PhD candidate in the University of Hong Kong on public international law. The stimulating interview is presented below. The Sting’s questions are signalled as ES and Mrs Yan’s answers as YY. ES: The Global Times, a Beijing-based newspaper, at the end of their editorial last week they posed the question: “Will U.S. Restrain ‘Provocative’ South China Sea Actions?”. The question was made post the conclusion of the eighth China-US Strategic & Economic Dialogue (S&ED) in Beijing, which took place last week as well. Thus, I would like to address the same question to you if I may: “Will U.S. restrain provocative south China sea actions”? and if yes, how do you think that can be accomplished?  YY: With China and the US, on the one hand there is the competition there of the naval power. But I also see that the two countries are trying to reach a delicate balance in the region. In the Strategic and Economic dialogue (…), there are many ways to exchange views in a dialogue. In the year 2014, the two countries, made an agreement for the first time on two very important major concrete measures, the first one is the limitation on military activity and the second one is the rule of behaviour on encounters within the sea and air. And then in 2015, the two countries, the military departments, so the navy and the air force added to the negotiation and dialogue and reached two annexes of the rule of behaviour. And also the two countries conducted a joint military exercise together  in 2014. Also the two countries signed a multi-lateral agreement on encounters in the sea, which was conducted by 21 navy agencies in the world, where both China and the US are part to it. I see that China and the US have doubts and suspicion to each other, but I also see that the two states are trying to understand each other, trying to avoid miscalculation and incidents, both at sea and in the air. I don’t think there will be a big incident or war between the two countries, because we enjoy the same interests in terms of safeguarding the peace of the South China Sea. It is the most important meaning of communication, it has the world’s largest exports going through. ES: According to a recent interview that a former Filipino diplomat gave to CCTV and was published last week, Manila plays a significant role in intensifying tensions in the South China sea. Would you agree with that allegation? YY: I think she means the arbitration initiative by the Philippines in 2013 to Arbitrational Tribunal. Honestly speaking, I think the arbitration’s move has some negative impact on the South China Sea issue. Especially the bilateral relationship between China and the Philippines. My first point is that China and the Philippines concluded several bilateral agreements on how to resolve a dispute. And then China feels that the Philippines is a betrayer of its own words by bringing China to court, so yes, that is the feeling. And then some of the ASEAN states believe, some of the ASEAN States like Viet Nam that stand by the Philippines, that it is their right to go to court, but maybe other nations of the ASEAN’s, they think that it is better to stay on the negotiation table with China like Cambodia and Laos (…). The arbitration splits the ASEAN (…) In this sense, I think she is correct. ES: Chinese Ambassador to Britain Liu Xiaoming last week urged the Philippines to return to a negotiated solution and some countries from outside the region to “stop playing with fire.” How do you read on this one? Would you ever anticipate the possibility of a future hot episode evolving over the South China Sea issue? YY: I do see the different anticipation of this arbitration. For China, we definitively think that the bilateral negotiation is the best way to solve this problem. Especially in maritime disputes. Actually, two weeks ago, I went to France and that the foreign minister of France is concerned over South China Sea and he is also worried that all the countries are saying bye bye international law, and international law is the way out of South China Sea etc. I am aware that many countries that have very powerful navy, they want to urge the legal evolution of the South China Sea issue. For international law scholars, there are different way of resolving a dispute. There are international dispute settlements like under the Art. 33 of the UN Charter,(…), there are a lot of ways to solve problems and they are all part of international law. I do feel that when some government leaders say that international law is the way out, I do want to say that China thinks the same way too. And international law does not mean only UNCLOS. UNCLOS is an important treaty on the governments of the ocean, that is true. However, it is only one treaty in international law. International law can come from several sources ( e.g.treaties and conventions, international customs (…)  Negotiation is one way of international law resolution of a dispute. (…) I do feel that China is very much interested in the peaceful resolution of this South China Sea issue and also China hasn’t made unreasonable claims under international law- nothing ambiguous, well not to me. ES: In the next weeks the whole world awaits the ruling by the Permanent Court of Arbitration over the arbitral proceedings that Philippines initiated against China back in 2013.At the same time we all know that China rejects the jurisdiction of the court. Do you think that China’s strategy on the matter is likely to change post the upcoming announcement of the ruling? What are the possible scenarios that could evolve for China in the coming months? YY: China on many occasions stressed that it is not accepting the award regarding the missing tribunal’s jurisdiction in this case. People are awaiting the final award, the final award will come out end of the month/ early July. To me, it won’t affect China’s position on the South China Sea, because China very clearly stated that the tribunal has no jurisdiction. So therefore the award will not be legally binding, because it is not convincing. The first reason is that under the Art. 288, the tribunal can only have jurisdiction over the application/implementation of the UNCLOS. Well, the dispute between China and the Philippines, it is a territorial dispute which is out of the control of the tribunal. Secondly, some of the submissions of the Philippines, on the islands reefs in South China Sea, they want the tribunal to make a decision on specifics which are a problem of maritime limitations. Which had been excluded by China in the 2006 declaration, provided by the UNCLOS. So therefore I don’t think it will have much effect on China’s future activities in the South China Sea. Because, we believe, the results, no matter what it is legally wrong. And also China wanted the Philippines to come back to the negotiation table and we are open to bilateral talks, even after the award is out. But another point, what I wanted to say is about the new president of the Philippines, Duterte, I think there will is and there be a difference when he takes office. He will take office June 30th. There will be something I am very looking forward to. It is whatever the award comes out before he takes office or after (…). If it doesn’t come out before June 30th, and the new president took office, actually, he can vanish the procedure. ES: If the Arbitration Tribunal’s ruling is unfavorable to China, analysts fear that this could open the Pandora’s box in the South China Sea region, with other neighbour countries starting to challenge China in similar territorial disputes. Would you see that as a possible threat to China? If so, what would China do to tackle this? YY: There is indeed the possibility that Vietnam will follow the Philippines going to the arbitrational tribunal against China. But whether this will happen, depends on how China and Vietnam handle the negotiations between each other. I personally don’t think it will happen in a very short time, because the two countries are still negotiating and exchanging views on the issue and are talking about a joint development in the area. I think the negotiation can finish. Besides Vietnam, I don’t think Malaysia and Brunei will go to court against China, because the relationship with them is even better.

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNICEF/Azizullah Karimi Afghan returnees from Iran gather at the Islam-Border, near Herat in western Afghanistan (file).

‘Toxic rain’ warning from oil depot strikes amid ongoing Middle East war

This article is published in association with United Nations. Toxic “black rain” linked to strikes on oil depots, mass displacement and continuing disruption to aid supply chains are upending lives across the Middle East and beyond after 10 days of war in the region, UN humanitarians said on Tuesday.  Speaking to reporters in Geneva, UN Human […]
© UNHCR People gather at the Masnaa border point in Lebanon as they wait to cross into Syria.

Nearly 700,000 displaced in Lebanon as Middle East crisis escalates

This article is published in association with United Nations. On day 10 of the war engulfing the Middle East, UN agencies on Monday reported massive displacement across the region, along with surging food and fuel prices that risk increasing hunger and suffering for the most vulnerable. In Lebanon alone, nearly 700,000 people including around 200,000 children […]
UN Photo/Pasqual Gorriz Smoke rises in Beirut, Lebanon, following the outbreak of hostilities across the Middle East.

Lebanon ‘dragged back into turmoil’, UN envoy warns

This article is published in association with United Nations. Lebanon has been “dragged back into a state of turmoil and violence”, the UN’s top envoy in the country warned on Saturday, after the latest round of regional strikes triggered a fast‑escalating crisis along the Blue Line. What had been fragile but real momentum, she said, has […]
UNHCR Smoke rises after an airstrike in Beirut, Lebanon.

MIDDLE EAST LIVE: Strikes continue across Middle East as humanitarian concerns grow

This article is published in association with United Nations. Highlights Production team: Vibhu Mishra with Daniel Johnson in GenevaToday 12:15 μ.μ. UN rights office warns displacement orders in Lebanon affecting hundreds of thousands The UN human rights office has warned that large-scale displacement orders and ongoing airstrikes in Lebanon are worsening the suffering of civilians already affected […]
© UNICEF/Ramzi Haidar Destroyed buildings and debris in the southern suburbs of Beirut, Lebanon, following airstrikes.

MIDDLE EAST LIVE: Further escalation drives uncertainty and suffering

This article is published in association with United Nations. On day six of the war in the Middle East, there’s been no let-up in bombs, drones and rockets targeting Iran, Israel, Lebanon and many Gulf States, while NATO forces reportedly intercepted a missile fired at Türkiye by Iran, a claim denied by Tehran. We’ll bring you […]
UN Photo/Pasqual Gorriz Smoke rises in Beirut, Lebanon, following the outbreak of hostilities across the Middle East.

MIDDLE EAST LIVE: Conflict continues across region amid US, Israeli and Iranian strikes

This article is published in association with United Nations. Violence in the Middle East is continuing into a fifth day, with US and Israeli strikes against Iran and Iranian missile and drone attacks reported across several countries in the region. The escalating confrontation is disrupting airspace, transport and daily life while raising fears of a wider […]
© IAEA/Paolo Contri The Bushehr Nuclear Power Plant in Iran.

Iran crisis: Schoolgirls killed, thousands displaced and aid compromised

This article is published in association with United Nations. On the fourth day of Israeli and United States airstrikes against Iran and amid growing violence and instability in the Middle East, the UN urgently called for protection of civilians and warned of growing displacement and humanitarian needs. UN human rights office spokesperson Ravina Shamdasani also recalled […]
© Unsplash/Kamran Gholami Tehran, the capital of Iran. (file photo)

MIDDLE EAST LIVE: Strikes continue from US, Israel and Iran as UN urges restraint

This article is published in association with United Nations. Violent escalation in the Middle East has entered a third day as coordinated US and Israeli strikes against Iran aimed at regime change continue to cause loss of life and damage across the region, prompting Iranian missile and drone counter-strikes hitting targets in multiple countries. Explosions, airspace […]
Iran attacks

Deadly bombing of Iran primary school ‘a grave violation of humanitarian law’: UNESCO

This article is published in association with United Nations. The UN education agency, UNESCO, says that the bombing of a primary school during the US and Israeli military attacks on Iran on Saturday constitutes a grave violation of humanitarian law. The missiles reportedly destroyed a girl’s primary school in Minab, southern Iran, killing around 150 and […]
© UNRCO Iran Tehran, the capital of Iran.

Attacks on Iran and retaliatory strikes ‘undermine international peace and security’

This article is published in association with United Nations. UN Secretary-General António Guterres and the heads of UN agencies have condemned Saturday’s joint Israeli and US attacks on Iran and the Iranian retaliatory strikes on Israel and the Gulf Regions. The attack on Iran reportedly targeted military sites as well as the leadership of the Iranian […]
© WFP/Maxime Le Lijour A woman holds a child as a storm approaches Khan Younis in Gaza.

Palestine: UN rights chief highlights suffering, atrocity crimes ‘that remain unpunished

This article is published in association with United Nations. The UN rights chief Volker Türk on Thursday highlighted the “human-made disaster” across the Occupied Palestinian Territory stemming from Israel’s disregard for human rights norms and serious violations also committed by Hamas and other Palestinian armed groups. Citing a new report from his office (OHCHR) covering the […]
Ángela Soria Pitarch was born on March 28, 2003. She is currently a fifth-year medical student at the University of Valencia.

Not the Future, the Present: Young Voices Shaping Global Health in 2026

This article was exclusively written for The European Sting by Ms. Ángela Soria Pitarch was born on March 28, 2003. She is currently a fifth-year medical student at the University of Valencia. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to […]
© UNOCHA Many rural areas of Ukraine have been blasted by shelling and drone strikes. The country is also one of the most mined in the world, top UN aid officials warn.

Ukraine wakes to more violence as Russia’s invasion enters fifth year

This article is published in association with United Nations. The full-scale invasion of Ukraine by Russian troops on 24 February 2022 shattered the peaceful aspirations of an entire continent, but war must never be the new normal, UN General Assembly President Annalena Baerbock said on Tuesday. “Four years ago, people in Europe woke up in another […]
Fokah Wembe Darrell Dupray is a 4th-year medical student at Université des Montagnes, Bangangté Cameroon and a student leader within the Cameroon Medical Students’ Association (CAMSA).

From Local Barriers to Global Lessons: Practical Paths Toward Inclusive Healthcare

This article was exclusively written for The European Sting by Ms. Zainatun Nawwariyah is a fifth-year medical student at the Faculty of Medicine, University of North Sumatera, who is passionate about advancing medicine through research, advocacy, and service. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed […]
© UNICEF/Bullen Chol A grandmother takes care of her 17-month-old malnourished grandson in South Sudan.

World News in Brief: UN humanitarian chief visits South Sudan, shelter fire risks in Gaza, West Bank violence

This article is published in association with United Nations. The UN Emergency Relief Coordinator arrived in South Sudan on Friday to visit one of the most under-reported humanitarian crises in the world, as clashes between government and opposition forces continue in Jonglei state.  Tom Fletcher will focus on the deteriorating humanitarian situation in the world’s youngest country and escalating protection risks for both civilians and aid workers.  […]
Ukraine’s women at breaking point after four years of war as attacks on energy, healthcare continue – UN humanitarians

Ukraine’s women at breaking point after four years of war as attacks on energy, healthcare continue – UN humanitarians

This article is published in association with United Nations. Four years into Russia’s full-scale invasion, millions in Ukraine struggle to keep the lights on and heat their homes, with the crisis taking a particular toll on women, humanitarians warned on Friday. Freshly back from a visit to the country UN Women’s Chief of Humanitarian Action Sofia […]
Fears of ethnic cleansing in Gaza and the West Bank: UN rights report

Fears of ethnic cleansing in Gaza and the West Bank: UN rights report

This article is published in association with United Nations. Increased Israeli attacks and the forced transfer of Palestinians have sparked concern over ethnic cleansing in the Gaza Strip and the West Bank, the UN human rights office, OHCHR, said in a report issued on Thursday.  The report covers the period from 1 November 2024 to 31 October 2025 and is […]
Samaya Rahimova  is a public health student at the Azerbaijan Medical University and an active member of SCOPH at Azermeds

Inclusive Healthcare Fails When We Design for the “Average Patient”

This article was exclusively written for The European Sting by Ms. Samaya Rahimova , a public health student at the Azerbaijan Medical University and an active member of SCOPH at Azermeds. She is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer […]
IOM Women make up the majority of victims of human trafficking for sexual exploitation. (file photo)

Epstein files: ‘No one is too wealthy or too powerful to be above the law’; rights experts demand accountability

This article is published in association with United Nations. The large-scale disclosure of materials known as the “Epstein Files” has revealed “disturbing and credible evidence” of what independent human rights experts describe as a possible global criminal enterprise involving systematic sexual abuse, trafficking and exploitation of women and girls. In a statement on Monday, the independent […]

Comments

  1. “To me, it won’t affect China’s position on the South China Sea, because China very clearly stated that the tribunal has no jurisdiction.” This girl is dumb. When china signed the UNCLOS it gave its consent to arbitration, and UNCLOS says jurisdiction is determined by the court itself as agreed upon by china. What the hell is she talking about no jurisdiction. Yan yan I think you need to go study more.

  2. Kassandra says:

    It seems like you are very interested in this topic, but you seem to miss some basics. I propose you to read this article: https://europeansting.com/2016/05/24/some-prevailing-arguments-and-perceptions-over-the-south-china-sea-issue-are-simply-wrong/
    The article makes clear that UNCLOS only applies to maritime disputes (open sea), not, as here indicated, to territorial soverignity.
    Also, bilateral negotiations between the Philippines and China were already in process, when the Philippines initiated arbitration unilaterally. The UNCLOS itself, states that in such cases, the arbitration court has no jurisdiction over the dispute.

  3. Bilateral negotiation is good if and only if there’s no pre-conditioned from greedy China. What kind of
    negotaiation is that forcing the Phils to swallow that China has indisputable sovereignity in South China Sea? then what do we need to negotiate

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

The European Sting – Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology – europeansting.com