China violates fundamental principles of UNCLOS: expert

As a permanent member of the United National Security Council, China should cease its act of aggression and readily agree upon a dispute settlement mechanism, Radio The Voice of Vietnam (VOV) said on May 15.
As a permanent member of the United National Security Council, China should cease its act of aggression and readily agree upon a dispute settlement mechanism, Radio The Voice of Vietnam (VOV) said on May 15.

However, China continues its assertiveness, flagrantly ignoring international law and carrying out aggressive acts in the East Sea.

As a result, tensions in the East Sea are continuing to escalate following China’s illegally stationing of its oil rig Haiyang Shiyou-981 and deployment of dozens of ships, including military vessels in Vietnam’s exclusive economic zone and continental shelf.

Chinese ships have many times attacked Vietnamese Coast Guard and Fisheries Surveillance Force ships and the international community has voiced its concern and oppositions to China for its serious violations of international law and high-level agreements reached by Vietnam and China, which are adversely affecting peace and security in the region.

It is not hard to prove that China's actions have violated the 1982 UN Convention on the Law of the Sea (UNCLOS), the UN Charter, the Declaration on the Conduct of Parties in the East Sea (DOC) and other relevant documents as well as trying to mislead the media.

VOV quoted Dr. Nguyen Thi Lan Anh, Vice Dean of the Diplomatic Academy of Vietnam’s International Law Department, as saying that the location of the Chinese oil rig is within deep in Vietnam’s exclusive economic zone and continental shelf.

The UN Charter stipulates that peace and settlement of disputes is mandatory obligations for member state and member states are not allowed to threaten the use of force.

China has been a UN member but it has used force to illegally occupy Vietnam’s Hoang Sa (Paracel) Archipelago when the UN Charter is in effect. This is a flagrant violation of the UN Charter. Therefore, it is impossible to establish a Chinese sovereignty in the Paracel islands.

Dr. Nguyen Thi Lan Anh affirmed that China has violated the fundamental principles, including Vietnam’s sovereign rights and jurisdiction under Article 56 and Article 76 of the UNCLOS.

China’s illegal installment of a drilling rig aims to explore and exploit natural resources in Vietnam's exclusive economic zone and continental shelf.

China’s oil rig Haiyang Shiyou- 981 is a floating work that it has placed in Vietnam’s continental shelf without the country’s permission. This means that China has violated Vietnam’s jurisdiction.

"The UNCLOS also states that all drilling and exploration activities on the continental shelves must get permission from coastal states. Vietnam has not yet allowed China to conduct such activities," Dr. Lan Anh emphasised.-VNA

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