I am an attorney in the Washington DC area, with a Doctor of Law in the US, attended the master program at the National School of Administration of Việt Nam, and graduated from Sài Gòn University Law School. I aso studied philosophy at the School of Letters in Sài Gòn.
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I have worked as an anti-trust attorney for Federal Trade Commission and a litigator for a fortune-100 telecom company in Washington DC.
I have taught law courses for legal professionals in Việt Nam and still counsel VN government agencies on legal matters.
I have founded and managed businesses for me and my family, both law and non-law.
I have published many articles on national newspapers and radio stations in Việt Nam.
In 1989 I was one of the founding members of US-VN Trade Council, working to re-establish US-VN relationship.
Since the early 90's, I have established and managed VNFORUM and VNBIZ forum on VN-related matters; these forums are the subject of a PhD thesis by Dr. Caroline Valverde at UC-Berkeley and her book Transnationalizing Viet Nam.
I translate poetry and my translation of "A Request at Đồng Lộc Cemetery" is now engraved on a stone memorial at Đồng Lộc National Shrine in VN.
I study and teach the Bible and Buddhism. In 2009 I founded and still manage dotchuoinon.com on positive thinking and two other blogs on Buddhism.
In 2015 a group of friends and I founded website CVD - Conversations on Vietnam Development (cvdvn.net).
I study the art of leadership with many friends who are religious, business and government leaders from many countries.
I have written these books, published by Phu Nu Publishing House in Hanoi:
"Positive Thinking to Change Your Life", in Vietnamese (TƯ DUY TÍCH CỰC Thay Đổi Cuộc Sống) (Oct. 2011)
"10 Core Values for Success" (10 Giá trị cốt lõi của thành công) (Dec. 2013)
"Live a Life Worth Living" (Sống Một Cuộc Đời Đáng Sống) (Oct. 2023)
I practice Jiu Jitsu and Tai Chi for health, and play guitar as a hobby, usually accompanying my wife Trần Lê Túy Phượng, aka singer Linh Phượng.
Rafting is the tactic of tying ships at anchor together to establish a semi-persistent floating outpost that is hard to uproot.
Gaute Friis | JULY 16, 2023
Rows of PAFMM trawlers rafting near Whitsun Reef, March 25, 2021 (Source: Asia Maritime Transparency Initiative, Maxar Technologies)
Gaute Friis
Team Member
“Rafting” refers to the gray zone tactic of tying ships together at anchor to establish semi-persistent floating outposts that are difficult disperse due to their collective mass.
The ships are generally the component of China’s People’s Armed Forces Maritime Militia (PAFMM) known as Spratly Backbone Fishing Vessels (SBFV). According to the Asia Maritime Transparency Initiative’s detailed report on the PAFMM, these SBFVs receive generous government subsidies to remain at sea for most of the year, specifically to assert Beijing’s expansive maritime claims.
This tactic describes maneuvering one’s ship dangerously across the bow of another, often forcing the other ship to take evasive action to avoid a collision.
Gaute Friis | JULY 18, 2023 Sealight 333
PLAN Destroyer Lanzhou, at right, is seen here sailing within 40 meters of the USS Decatur, to the left (Source: USN)
Gaute Friis
Team Member
Bow-crossing describes a harassment tactic in which a ship abruptly maneuvers to cross dangerously across the bow of another in violation of the 1972 International Regulations for Preventing Collisions at Sea (COLREG) and the 2014 Code for Unplanned Encounters at Sea (CUES).
This maneuver is intended to force the other ship to take evasive action to avoid a collision. It may be used to disrupt freedom of navigation operations (FONOPS) or other assertions of international law or national sovereignty.
A recent example was documented in June 2023, when a Peoples Liberation Army Navy (PLAN) vessel crossed dangerously in front of U.S. Navy destroyer USS Chung-Hoon during a joint Taiwan Strait passage with the Canadian frigate HMCS Montreal, forcing the U.S. ship to reduce speed to avoid a collision:
China’s ships use bow-crossing to protest the activities of other countries’ ships in waters over which it claims sovereignty or jurisdiction, and to send the message that Beijing is willing to escalate tensions in defense of its claims.
In nautical terms, it involves a closest point of approach (CPA) of less than 2 lengths of the ship being intercepted. They are usually referred to by the U.S. Navy as “unsafe and unprofessional maneuvers”.
Other examples:
On September 30, 2018, the PLAN Type 052C Luyang II-class destroyer Lanzhou intercepted the U.S. Arleigh Burke-class destroyer USS Decatur, which was conducting a FONOP with 12 nautical miles of Chinese-occupied artificial islands in the South China Sea. The picture at the top of this post shows how close the two ships came to colliding.
On June 21, 2014, CCG vessel Haijian 2168 approached Vietnam Coast Guard (VCG) ship CSB 4032 at high speed. The VCG ship had to change directions repeatedly to avoid a collision as the distance between the two ships came within 30 meters.
On December 5, 2013, a Chinese warship cut across the bow of the missile cruiser U.S.S. Cowpens at a distance of less than 200 yards in international waters.
In March 2009, five Chinese ships (a combination of PLAN, CCG and militia) harassed the U.S. surveillance ship USNS Impeccable in international waters in the South China Sea, forcing the American ship to make an emergency maneuver to avoid a collision.
Editor’s note: This post was originally published on 7 July under the title “Unsafe Maneuvers”, but was retracted when we decided to divide it into two separate categories. Apologies for any confusion.
Gaute Friis
Gaute is a Defense Innovation Scholar at Stanford’s Gordian Knot Center for National Sec
CCG 5201 blocks the path of BRP Malapascua, forcing it to abort its planned patrol of the Second Thomas Shoal after a 30 minute stand-off, April 26, 2023 (Source: BBC)
Gaute Friis
Team Member
Blocking is a form of bow-crossing meant to physically impede the passage of another ship to its destination. Blocking is typically used by Chinese ships to hinder other countries from resupplying or reinforcing their outposts in the South China Sea.
Distinct from other forms of bow-crossing, blocking is used for area denial rather than operations disruption and will often result in more protracted stand-offs. China uses this tactic to assert its claims of jurisdiction as well as to prevent certain activities–most notably the reinforcement of other claimants’ existing Spratly Island outposts.
One such blocking maneuver occurred on April 26th, 2023, when China Coast Guard (CCG) ship 5201 blocked the path of the Philippine Coast Guard (PCG) patrol vessel BRP Malapascua. This forced the much smaller PCG ship to abort its planned route to the entrance of Second Thomas (Ayungin) Shoal during a resupply mission to the Philippines’ outpost aboard BRP Sierra Madre:
China routinely prevents the entry of Philippine ships into the interior of Second Thomas Shoal as a cornerstone of its strategy to prevent the rusting outpost from being repaired or replaced until it breaks up or otherwise becomes uninhabitable. For nearly a decade it has allowed only small wooden boats carrying food and replacement troops to pass through its blockade.
Resupply boat brings food and replacement troops to the Philippine Navy’s outpost aboard BRP Sierra Madre, Second Thomas Shoal, 21 June 2022. Credit: Inquirer/ Marianne Bermudez
Other examples:
On September 19, 2019, also near Second Thomas Shoal, a CCG ship blocked Philippine civilian vessels while they were conducting a resupply mission to the BRP Sierra Madre.
On November 13, 2015, about 13 nautical miles from Subi Reef, CCG cutters 35115 and 2305 blocked the path of a Vietnamese replenishment ship heading towards the Vietnamese outpost on Southwest Cay, forcing the ship to find a different route to its destination. PLA Navy Type 072A landing ship 995 later blocked the ship’s path again, this time brandishing small arms and firing a warning shot.
As much as 17 billion USD is needed to build two railway routes connecting to seaports, namely Lao Cai-Hanoi-Hai Phong and Bien Hoa-Vung Tau, according to the Ministry of Transport (MoT).
Monday, July 17, 2023 at 17:06
A pre-feasibility study is underway for the Bien Hoa-Vung Tau route with 1,435mm gauge tracks. It is 128km long with a total investment of 6.2 billion USD.
Meanwhile, the detailed planning of the 380km-long Lao Cai-Hanoi-Hai Phong project has been basically completed at a cost of about 11 billion USD.
According to the MoT, a large amount of the money for the two projects will come from the public investment fund.
Due to their big investment, the two projects have been included in the list of those that call for foreign investment in the 2021-2025 period, the ministry said, adding that it is preparing for capital mobilisation so that construction of the projects will start before 2030.
The world’s largest and most populous continent is reckoning with the deadly effects of extreme summer weather, as countries endure blistering heatwaves and record monsoon rainfall, with governments warning residents to prepare for more to come.
This month torrential rains inundated parts of Japan, China, South Korea and India, upending the lives of millions and causing flash floods, landslides and power cuts. Record temperatures also led to a rise in heat-related illnesses, particularly among vulnerable communities such as the elderly.
On Saturday, at least 13 people in the central South Korean city of Cheongju died after waters from a burst riverbank flooded an underpass, trapping vehicles, including a public bus.
At least 41 people have died in South Korea in recent days and thousands more have been forced to evacuate their homes and seek temporary shelter, as heavy downpours hit central and southern parts of the country.
In response to the loss of life, South Korean President Yoon Suk Yeol called for an overhaul of the country’s approach to extreme weather.
“This kind of extreme weather event will become commonplace — we must accept climate change is happening, and deal with it,” Yoon said Monday.
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Rescue workers at the flooded underpass in Cheongju, South Korea on July 16, 2023.Kim Hong-ji/Reuters
In neighboring Japan, record rainfall in the southwest of the country resulted in devastating flooding that left at least six people dead, and many others still missing.
Swarming is a commonly used tactic involving dispatching a flotilla to overwhelm and intimidate other actors, assert dominance, or provide a security screen for certain Chinese ships on special missions.
Chinese fishing vessels head out to sea from Zhoushan in Zhejiang Province, China. (Source: China Foto Press)
Gaute Friis
Team Member
Swarming is a commonly used tactic involving dispatching a flotilla (often a combination of militia, coast guard, and sometimes navy vessels) to overwhelm and intimidate other countries’ assets, assert dominance, or provide a security screen for certain Chinese ships on special missions.
Examples:
Starting on May 7, 2023, Chinese survey ship Xiang Yang Hong 10 and a flotilla of escort vessels consisting of China Coast Guard (CCG) and Maritime Militia (PAFMM) vessels spent nearly a month conducting survey operations deep within Vietnam’s Exclusive Economic Zone (EEZ). These activities led to a formal protest from the Vietnamese government.
On March 4, 2023, one People’s Liberation Army Navy (PLAN) ship, one CCG ship and 42 PAFMM vessels gathered near Thitu Island. Thitu Island (also known as Pag-Asa) is home to one of the Philippines’ most important military outposts in the West Philippine Sea, as well as a small civilian population.
On July 22, 2014, a Vietnamese fishing boat was surrounded by Chinese vessels 5 nautical miles South of Collins Reef. Chinese coast guard ships then rammed the fishing boat, which nearly sank.
On June 29, 2014, 45 nautical miles to the southwest of Paracel Islands, about 34 Chinese fishing vessels, supported by 2 coast guard ships, closely followed, obstructed and intimidated Vietnamese fishing vessels operating in the area.
Quyết định 843/QĐ-TTg năm 2023 về Chương trình hành động quốc gia hoàn thiện chính sách và pháp luật nhằm thúc đẩy thực hành kinh doanh có trách nhiệm tại Việt Nam giai đoạn 2023-2027 do Thủ tướng Chính phủ ban hành
Căn cứ Luật Tổ chức Chính phủ ngày 19 tháng 6 năm 2015; Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Chính phủ và Luật Tổ chức chính quyền địa phương ngày 22 tháng 11 năm 2019;
Căn cứ Nghị quyết số 99/NQ-CP ngày 30 tháng 8 năm 2021 của Chính phủ ban hành Chương trình hành động của Chính phủ nhiệm kỳ 2021 – 2026 thực hiện Nghị quyết của Quốc hội về Kế hoạch phát triển kinh tế – xã hội 5 năm 2021 – 2025;
Căn cứ Nghị quyết số 01/NQ-CP ngày 06 tháng 01 năm 2023 của Chính phủ về nhiệm vụ, giải pháp chủ yếu thực hiện kế hoạch phát triển kinh tế – xã hội, dự toán ngân sách nhà nước và cải thiện môi trường kinh doanh, nâng cao năng lực cạnh tranh quốc gia năm 2023;
Hội thẩm nhân dân là người được bầu hoặc cử theo quy định của pháp luật để làm nhiệm vụ xét xử những vụ án thuộc thẩm quyền của Toà án. Vậy, vai trò, chứng năng, nhiệm vụ của hội thẩm nhân dân là gì ? Bài viết phân tích và giải đáp cụ thể:
Chế độ Hội thẩm (phụ thẩm) nhân dân được ghi nhận và trở thành một chế định quan trọng trong hoạt động của Toà án bằng Sắc lệnh số 33/SL ngày 43.9.1945 và Sắc lệnh số 13/SL ngày 21.1.1946. Hiến pháp năm 1946 19.11.1946 bản Hiến pháp đầu tiên của Nhà nước ta đã chính thức ghi nhận nguyên tắc đại diện nhân dân tham gia xét xử. “Trong khi xét xử việc hình phải có Phụ thẩm nhân dân để tham gia ý kiến nếu là việc tiểu hình, hoặc cùng quyết định với Thẩm phán nếu là việc đại hình”. Bước vào những năm 50, nền tư pháp của chế độ mới đã có những cải cách lớn nhằm đáp ứng đầy đủ hơn nữa yêu cầu của cách mạng, đòi hỏi của nhân dân. Bằng Sắc lệnh số 85/SL ngày 22.5.1950 về cải cách bộ máy tư pháp và Luật tố tụng, phụ thẩm nhân dân được đổi là Hội thẩm nhân dân và đã quy định rõ hơn về địa vị pháp lí của Hội thẩm. Hiến pháp năm 1959 được ban hành và đã ghỉ nhận nguyên tắc Hội thẩm nhân dân tham gia xét xử. “Việc xét xử ở các Toà án nhân dân có Hội thẩm nhân dân tham gia theo quy định của pháp luật” (Điều 59). Trên cơ sở Hiến pháp năm 1959, Luật tổ chức Toà án nhân dân năm 1960 quy định: Khi xét xử sơ thẩm, Toà án nhân dân gồm có một Thẩm phán và hai Hội thẩm nhân dân… (Điều 112). Từ năm 1986, công cuộc đổi mới đất nước theo tinh thần Đại hội Đảng toàn quốc lần thứ VỊ được tiến hành. Để phù hợp với tỉnh thần đổi mới, Hiến pháp năm 1992 được ban hành để thay thế Hiến pháp năm 1980.
Sealight 333 Episode 1 – Phlippines v. China – The 2016 Arbitral Tribunal Award
None of the Reefs or Rocks in the Spratly Islands Are Big Enough to Generate Their Own EEZ
SeaLight is pleased to announce the first of our new video educational series, SeaLight 333. Over the coming months we will be developing these short-form videos to explain key maritime gray zone concepts in a very accessible way.
Ray Powell | JULY 11, 2023
Ray Powell
Team Member
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SeaLight is pleased to announce the first of our new video educational series, SeaLight 333. Over the coming months we will be developing these short-form videos to explain key maritime gray zone concepts in a very accessible way.
Our first video explains the meaning of the 2016 Aribitral Tribunal case, Philippines v. China, and why the Philippines’ victory was so important infirmly establishing how China’s expansive nine-dash line claim–and the aggressive methods it uses to enforce it–systematically violate the rights of the Philippines and all its smaller neighbors.
Ray Powell
Ray is the Director of SeaLight and Project Lead for Project Myoushu at Stanford University’s Gordian Knot Center for National Security Innovation. He’s a 35-year veteran of the U.S. Air Force and was a 2021 Fellow at Stanford’s Distinguished Careers Institute.
In May, the Philippines and China took turns installing buoys in the disputed Spratly Islands. The deployment of buoys and other sovereignty markers in the South China Sea has a long history. But amid a flurry of new activity by the Philippines, including publicized patrols and surveillance missions, it is noteworthy that the buoy deployment triggered an almost immediate reaction from China, which installed its own. And with the Philippines planning to install more buoys by the end of 2023, this trend will remain a point of contention between Manila and Beijing for the foreseeable future.
On May 15, the Philippine Coast Guard installed 30-foot navigational buoys at five features in the Spratly Islands: Philippine-occupied Flat Island, Loaita Island, and Loaita Cay, and unoccupied Irving Reef and Whitsun Reef. The buoys are of the same type as five installed in May of 2022 at four Philippine-occupied features: Nanshan Island, West York Island, Northeast Cay, and Thitu Island.
July 11, 2023 – Ottawa, Ontario – Global Affairs Canada
Global Affairs Canada today issued the following statement:
“On the anniversary of the award rendered by the Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) in the matter of the South China Sea, Canada reiterates that this decision is final, binding on the parties, and provides a vital foundation for the peaceful resolution of competing maritime claims in the region, consistent with international law.
Washington D.C. – 4 April 1949, Last updated: 10 Apr. 2019
The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments. They are determined to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. They seek to promote stability and well-being in the North Atlantic area. They are resolved to unite their efforts for collective defence and for the preservation of peace and security. They therefore agree to this North Atlantic Treaty :
The NATO Invitee associates itself with this Communiqué.
1. We, the Heads of State and Government of the North Atlantic Alliance, bound by shared values of individual liberty, human rights, democracy, and the rule of law, have gathered in Vilnius as war continues on the European continent, to reaffirm our enduring transatlantic bond, unity, cohesion, and solidarity at a critical time for our security and international peace and stability. NATO is a defensive Alliance. It is the unique, essential and indispensable transatlantic forum to consult, coordinate and act on all matters related to our individual and collective security. We reaffirm our iron-clad commitment to defend each other and every inch of Allied territory at all times, protect our one billion citizens, and safeguard our freedom and democracy, in accordance with Article 5 of the Washington Treaty. We will continue to ensure our collective defence from all threats, no matter where they stem from, based on a 360-degree approach, to fulfil NATO’s three core tasks of deterrence and defence, crisis prevention and management, and cooperative security. We adhere to international law and to the purposes and principles of the Charter of the United Nations and are committed to upholding the rules-based international order. This Summit marks a milestone in strengthening our Alliance.
In May, the Philippines and China took turns installing buoys in the disputed Spratly Islands. The deployment of buoys and other sovereignty markers in the South China Sea has a long history. But amid a flurry of new activity by the Philippines, including publicized patrols and surveillance missions, it is noteworthy that the buoy deployment triggered an almost immediate reaction from China, which installed its own. And with the Philippines planning to install more buoys by the end of 2023, this trend will remain a point of contention between Manila and Beijing for the foreseeable future. Tiếp tục đọc “BUOY BATTLE IN THE SPRATLY ISLANDS”→
CVD 