Defying Vietnam’s request, China has failed to withdraw its floatingdrilling rig Haiyang Shiyou-981 from Vietnam’s exclusive economic zone,and experts say using legal actions against China’s illegal move is apractical option for Vietnam, said radio The Voice of Vietnam (VOV) onMay 27.
VOV quoted Dr Nguyen Toan Thang from the Hanoi LawUniversity as saying that Vietnam has the right to sue China forviolating its sovereignty in the International Court of Justice and theInternational Tribunal for the Law of the Sea.
He said Vietnamhas sufficient legal basis to assert that Haiyang Shiyou-981 has beenplaced deep inside its exclusive economic zone and continental shelf. Itcan sue China in accordance with the 1982 UN Convention on the Law ofthe Sea (UNCLOS).
China’s illegal placement of the oil rig andits provocative attitude towards Vietnam is a clear violation ofinternational law, especially the 1982 UNCLOS. Accordingly, Chinaviolates Vietnam’s sovereign right and jurisdiction in its exclusiveeconomic zone. Its action runs counter to the 2002 ASEAN-ChinaDeclaration on the Conduct of Parties in the East Sea (DOC).
DrNguyen Thi Thuan from the Hanoi Law University says China makes athorough preparation for its sovereign ambition scheme, but evidence itgives is fabricated.
One of arguments China often uses tojustify its illegal activities in Vietnam’s exclusive economic zone, is anote that the then Vietnamese Prime Minister Pham Van Dong sent toChinese Premier Chou Enlai in 1958.
China has tried very hard torationalise that the note was Vietnam’s recognition of China’ssovereignty over Hoang Sa (Paracel) and Truong Sa (Spratly)archipelagos, known as Xisha and Nansha in Chinese.
According toDr. Tran Cong Truc, former Head of the Government Border Committee, thenote did not say that Vietnam recognised China’s sovereignty over HoangSa and Truong Sa archipelagos.
“The 1954 Geneva Accordsrecognised the Republic of Vietnam and the Democratic Republic ofVietnam as two political entities, which were equal in internationalrelations and territorial sovereignty,” Truc says.
“Geographically,Hoang Sa and Truong Sa were on the southern side of parallel 17, sothey were controlled by the Republic of Vietnam, which perpetuatedVietnam’s continuous, peaceful and real sovereignty over thesearchipelagos,” he added.
Dr Nguyen Ba Dien, Director of theCentre for the Sea and International Marine Law under the Hanoi-basedNational University, said China’s sovereign ambition is endless andVietnam must be well prepared for a tough legal struggle with ampleevidence and persuasive arguments.
Vietnam has no choice but to use legal actions as an effect tool for settling this case, Dien told VOV online.
“BringingChina to the international arbitration court is a strong politicalmeasure. It is obviously difficult, but it cannot be undone,” he said,adding China does not have any legal basis to justify its claim.
LawyerTruong Trong Nghia, Vice President of the Vietnam Bar Association,echoed Dien’s view, saying China’s claim of its sovereignty overVietnam’s Hoang Sa is groundless and a legal tool is a must for Vietnam.
In his opinion, this legal struggle will certainly last a longtime because it follows complex international principles and requiresgreat expertise, both domestically and internationally. To ensure thesuccess, it needs to garner additional international support.
FormerFrench General Jean-Vincent Brisset and experts from Harvard Universityand University of Massachusetts-Boston suggested that Vietnam bringChina to the international arbitration court as an effective way ofdealing with China’s violation of international law.
Addressingthe recent World Economic Forum on East Asia in Myanmar, Prime MinisterNguyen Tan Dung did not rule out the possibility of using self-defenceoptions, including legal actions, to defend its sovereignty.
Vietnamcherishes peace and exercises restraint from disputes with China . Indefiance of Vietnam’s goodwill, China has constantly made slanderousallegations to defend its wrongful act. Vietnam believes justice is onits side.-VNA
VOV quoted Dr Nguyen Toan Thang from the Hanoi LawUniversity as saying that Vietnam has the right to sue China forviolating its sovereignty in the International Court of Justice and theInternational Tribunal for the Law of the Sea.
He said Vietnamhas sufficient legal basis to assert that Haiyang Shiyou-981 has beenplaced deep inside its exclusive economic zone and continental shelf. Itcan sue China in accordance with the 1982 UN Convention on the Law ofthe Sea (UNCLOS).
China’s illegal placement of the oil rig andits provocative attitude towards Vietnam is a clear violation ofinternational law, especially the 1982 UNCLOS. Accordingly, Chinaviolates Vietnam’s sovereign right and jurisdiction in its exclusiveeconomic zone. Its action runs counter to the 2002 ASEAN-ChinaDeclaration on the Conduct of Parties in the East Sea (DOC).
DrNguyen Thi Thuan from the Hanoi Law University says China makes athorough preparation for its sovereign ambition scheme, but evidence itgives is fabricated.
One of arguments China often uses tojustify its illegal activities in Vietnam’s exclusive economic zone, is anote that the then Vietnamese Prime Minister Pham Van Dong sent toChinese Premier Chou Enlai in 1958.
China has tried very hard torationalise that the note was Vietnam’s recognition of China’ssovereignty over Hoang Sa (Paracel) and Truong Sa (Spratly)archipelagos, known as Xisha and Nansha in Chinese.
According toDr. Tran Cong Truc, former Head of the Government Border Committee, thenote did not say that Vietnam recognised China’s sovereignty over HoangSa and Truong Sa archipelagos.
“The 1954 Geneva Accordsrecognised the Republic of Vietnam and the Democratic Republic ofVietnam as two political entities, which were equal in internationalrelations and territorial sovereignty,” Truc says.
“Geographically,Hoang Sa and Truong Sa were on the southern side of parallel 17, sothey were controlled by the Republic of Vietnam, which perpetuatedVietnam’s continuous, peaceful and real sovereignty over thesearchipelagos,” he added.
Dr Nguyen Ba Dien, Director of theCentre for the Sea and International Marine Law under the Hanoi-basedNational University, said China’s sovereign ambition is endless andVietnam must be well prepared for a tough legal struggle with ampleevidence and persuasive arguments.
Vietnam has no choice but to use legal actions as an effect tool for settling this case, Dien told VOV online.
“BringingChina to the international arbitration court is a strong politicalmeasure. It is obviously difficult, but it cannot be undone,” he said,adding China does not have any legal basis to justify its claim.
LawyerTruong Trong Nghia, Vice President of the Vietnam Bar Association,echoed Dien’s view, saying China’s claim of its sovereignty overVietnam’s Hoang Sa is groundless and a legal tool is a must for Vietnam.
In his opinion, this legal struggle will certainly last a longtime because it follows complex international principles and requiresgreat expertise, both domestically and internationally. To ensure thesuccess, it needs to garner additional international support.
FormerFrench General Jean-Vincent Brisset and experts from Harvard Universityand University of Massachusetts-Boston suggested that Vietnam bringChina to the international arbitration court as an effective way ofdealing with China’s violation of international law.
Addressingthe recent World Economic Forum on East Asia in Myanmar, Prime MinisterNguyen Tan Dung did not rule out the possibility of using self-defenceoptions, including legal actions, to defend its sovereignty.
Vietnamcherishes peace and exercises restraint from disputes with China . Indefiance of Vietnam’s goodwill, China has constantly made slanderousallegations to defend its wrongful act. Vietnam believes justice is onits side.-VNA
