Quỹ Nghiên Cứu Biển Đông

Vì công bằng và bình yên cho Biển Đông

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Thư ngỏ gửi nhân dân và chính phủ các nước Philippines, Malaysia, Brunei, Indonesia

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Biển Đông tiếp giáp với Philippines, Malaysia, Brunei, Indonesia, Việt Nam và Trung Quốc. Biển Đông rất quan trọng cho kinh tế, giao thông vận tải và an ninh của các nước này.

Đối với quốc tế, Biển Đông là một trong những tuyến hàng hải quan trọng nhất trên thế giới; nó đóng vai trò sống còn cho thịnh vượng kinh tế của Đông Nam Á, Nhật Bản, Triều Tiên, Đài Loan và tất cả các quốc gia giao thương quan trọng.

Do vậy, tranh chấp Biển Đông là mối quan tâm của tất cả chúng ta. Trong những nước tranh chấp thì Trung Quốc là mối đe dọa lớn nhất đối với tất cả các nước còn lại. Trước hết, trong khi hầu hết các đòi hỏi trái ngược nhau chỉ liên quan đến chủ quyền đối với các đảo nhỏ, đá và bãi ngầm thì Trung Quốc là nước duy nhất tuyên bố chủ quyền đối với gần như toàn bộ Biển Đông. Thứ hai, quân đội của Trung Quốc lớn nhất và cũng là quân đội phát triển nhanh nhất trong vùng. Thứ ba, Trung Quốc là quốc gia duy nhất trong những nước tranh chấp có truyền thống sử dụng vũ lực để chiếm các đảo của các nước khác.đang trong tình trạng tranh chấp.

Tuyên bố của Trung Quốc trong Biển Đông có thể so sánh với việc một người tuyên bố rằng anh ta là người duy nhất sở hữu toàn bộ ô xy trong không khí. Không những tuyên bố này không có cơ sở pháp lý và bất công , mà nếu nó trở thành sự thực thì Đông Nam Á có thể bị Trung Quốc thống lĩnh và các quốc gia khác cần đi qua Biển Đông sẽ bị ngăn chặn trong những lúc có xung đột.

Do vậy việc làm sao để Biển Đông không trở thành lãnh thổ hay cái hồ của Trung Quốc là điều quan trọng mang tính sống còn. Các nước Philippines, Malaysia, Brunei, Indonesia, Việt Nam, ASEAN, Trung Quốc và tất cả các quốc gia khác trên thế giới đều có quyền trên vùng biển quốc tế này theo Công ước Liên hợp quốc về Luật biển (UNCLOS). Philippines, Malaysia, Brunei, Indonesia, Việt Nam, ASEAN và các quốc gia liên quan khác phải cùng nhau hành động để bảo vệ những quyền này, chống lại tham vọng bất công của Trung Quốc.

Chúng tôi kiến nghị nhân dân và chính phủ các nước Philippines, Malaysia, Brunei, Indonesia và Việt Nam hãy gác lại các bất đồng để cùng nhau hành động, hướng tới một giải pháp cho biển Đông dựa  theo các nguyên tắc  của UNCLOS như chúng tôi đề nghị dưới đây. Chúng tôi cũng xin kiến nghị tất cả các quốc gia liên quan khác tích cực ủng hộ một giải pháp như vậy.

  1. Các đối tượng trên Biển Đông như các đảo, đá ngầm và bãi đá nổi không nhô lên một cách tự nhiên khỏi mực thủy triều cao không được dùng làm cơ sở để tính vùng lãnh hải, vùng đặc quyền kinh tế hay thềm lục địa.
  2. Các đối tượng đang có tranh chấp nhô lên một cách tự nhiên khỏi mực thủy triều cao chỉ được dùng để tính vùng lãnh hải 12 hải lý nhưng không được dùng để tính vùng đặc quyền kinh tế hoặc thềm lục địa phía ngoài 12 hải lý. Quốc gia cuối cùng được coi là có chủ quyền đối với một đối tượng hiện đang bị tranh chấp cũng sẽ có chủ quyền trên vùng lãnh hải xung quanh đối tượng đó nhưng sẽ không được dùng nó để đòi hỏi vùng đặc quyền kinh tế hoặc thềm lục địa phía ngoài 12 hải lý.
  3. Khu vực Biển Đông ngoài các vùng lãnh hải của các đối tượng có tranh chấp sẽ được quy định là các vùng lảnh hải (theo Phần II UNCLOS), vùng đặc quyền kinh tế (theo Phần V UNCLOS) và thềm lục địa (theo Phần VI UNCLOS) thuộc về Trung Quốc, Philippines, Malaysia, Brunei, Indonesia và Việt Nam.
  4. Các đường cơ sở được sử dụng cho việc phân chia nói trên sẽ tuân theo UNCLOS (Điều 5, 6, 7 và, chỉ trong trường hợp của Philippines và Indonesia, theo Điều 47).
  5. Tại các nơi có tranh chấp do sự chồng lấn của các vùng biển thì các tranh chấp sẽ được giải quyết công bằng và tuân theo luật quốc tế.
  6. Quyền của các quốc gia khác được UNCLOS ghi nhận sẽ được bảo đảm.

Các đối tượng đang bị tranh chấp, bao gồm Quần đảo Trường Sa (Spratlys), Quần đảo Hoàng Sa (Paracels) và Scarborough Shoal không được dùng để tính các vùng đặc quyền kinh tế hay là thềm lục địa. Do đó, việc phân chia các vùng đặc quyền kinh tế và thềm lục địa không phụ thuộc vào vấn đề chủ quyền trên các đối tượng có tranh chấp. Sự phân chia này có thể thực hiện cho dù vấn đề tranh chấp chủ quyền của các đối tượng nói trên vẫn chưa giải quyết được. Việc phân chia này đảm bảo quyền và an ninh của các nước Philippines, Malaysia, Brunei, Indonesia, Việt Nam và tất cả các quốc gia khác.

Nếu Philippines, Malaysia, Brunei, Indonesia và Việt Nam tiếp tục theo đuổi các tuyên bố của từng quốc gia mà không hỗ trợ lẫn nhau hoặc không có sự hỗ trợ từ cộng đồng quốc tế thì cuối cùng Biển Đông sẽ trở thành lãnh thổ Trung Quốc, hay chí ít cũng trở thành cái hồ của nước này. Cơ hội tốt nhất để các quốc gia có thể ngăn chặn được nguy cơ nói trên là bằng cách có cùng chung tiếng nói trên trường quốc tế, cùng hành động với nhau trên cơ sở công bằng cho tất cả các nước tuân theo UNCLOS, cùng hỗ trợ lẫn nhau và cùng tranh thủ sự hỗ trợ của cộng đồng quốc tế.

Quỹ Nghiên cứu Biển Đông (The South East Asian Sea Research Foundation) là một tổ chức tư nhân do nhiều người có gốc từ các nước ASEAN trên toàn thế giới đóng góp tài chính. Quan điểm trình bày trong bài báo này không phản ánh quan điểm lập trường của các nước ASEAN.

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