While China is attemptingto vindicate this illegal “U-shaped” line (also called the “nine-dot”line), it is necessary to once again raise our voice to help the publicunderstand more clearly about the undeniable legal foundation andhistorical evidence proving Vietnam’s sovereignty over Hoang Sa(Paracel) and Truong Sa (Spratly) archipelagoes, affirming that China’sallegations and lies on this issue cannot cover up its plot to occupythe entire East Sea.
The strength of the historical truth
History is immutable and no one has the right to distort historicaltruths. Vietnam has full legal foundations and historical evidenceasserting its possession of Truong Sa and Hoang Sa archipelagoes from atleast the 17th century, before which they did not belong to thesovereignty of any country.
From the 17 th to 19 thcenturies, Vietnam’s feudal states conducted a series of activities toexercise their sovereignty over the two archipelagoes, such as sendingflotillas to survey and draw them on maps, planting steles, buildingtemples and managing and organising fishing activities in Hoang Saislands.
The legal documents of the Vietnamese feudaldynasties, including the royal official documents and ordinances whichare being kept in the country’s archives centres, clearly affirmVietnam’s undisputable sovereignty over these archipelagoes.
The official documents of the Nguyen Dynasty were the original and mostimportant materials made by the State during their reign. There are 773volumes of the Nguyen Dynasty’s official documents, 18 of which arereports to the Kings on the exercise of sovereignty over Hoang Sa andTruong Sa islands.
The means in which people were sent toHoang Sa and what they did there are detailed in the reports, which alsofeature decisions made by the Kings to honour those who made greatachievements to the development of the islands and punish those whofailed to fulfill their tasks.
These documents aboutVietnam’s sovereignty in the East Sea serve as the highestlegal and historical evidence of the State asserting its exercise ofsovereignty.
Vietnam’s documents are supported by aworld atlas drawn by Belgian geographer Phillippe Vandermaelen, whichwas published in 1827. Maps in the atlas testify to Vietnam ’ssovereignty over Hoang Sa and Truong Sa archipelagoes in the EastSea . The author drew Hoang Sa archipelago clearly with its islandsbearing the names which are still being used today. The atlas included amap clearly named as ‘the map of Dang trong area’ (the central part ofVietnam ). The territory of the Empire of An Nam (the former name ofVietnam ) is featured in four maps. A summary introduction about theEmpire of An Nam is attached besides the Hoang Sa archipelago on themap, affirming that the archipelago is part of the Dang trong area,which belongs to the present Vietnam .
All maps in theatlas demonstrate that China ’s southernmost boundary does not reachthe 18th parallel. All maps published by China up to the beginning ofthe 20th century are also consistent with Western maps, and none of themdepict China ’s southernmost territory beyond the 18th parallel.
During the period of French colonisation of Vietnam (from the late 19thcentury to the first half of the 20th century), France, in the name ofVietnam, continued to exercise the management of the two archipelagoesof Hoang Sa and Truong Sa. From the 1930s, France integrated the twoarchipelagoes into Vietnam ’s mainland provinces and stationed troopsthere. Later, under the Geneva Accords of 1954, France handed themover to the Saigon administration – the government of the Republic ofVietnam. Since 1975 when the south of Vietnam was completelyliberated, the two archipelagoes have been put under the management ofthe Socialist Republic of Vietnam.
Thus, Vietnam ’sexercise of territorial sovereignty over Hoang Sa and Truong Saarchipelagoes has been conducted in an actual, peaceful and continuousmanner in accordance with international law and is recognised by theglobal community.
China ’s steps to claim sovereigntyover the two archipelagoes were unilateral, arbitrary acts without anyvalid grounds, through the use of force. In December 1947, the Ministryof Interior of the Chinese government issued a "Map of locations of theSouth Sea islands", giving names to a number of reefs and shoals,including islands belonging to Vietnam .
Not stoppingthere, China deployed troops to seize islands east of Hoang Sa in1956, and used force to swallow the rest of the archipelago in 1974. In1988, China continued to use force to occupy several shoals inTruong Sa archipelago.
These acts of China seriouslyviolated international law, ran counter to the spirit of the UN Charter,and were condemned by many countries.
China ’sconsecutive international law breaking actions were conducted after the1951 San Francisco Peace Conference - an important internationalconference to solve the issue of territories after World War II.
At the event, a representative of the then Vietnamese governmentaffirmed Vietnam ’s sovereignty over Hoang Sa and Truong Saarchipelagoes without meeting any opposition from the participatingcountries. This shows that China ’s claim for sovereignty over the twoarchipelagoes was rejected by the international community, whileVietnam ’s sovereignty over them was recognised. This is a powerfultruth.
Therefore, China ’s version of events, whichclaims that following the end of World War II , China took back theislands of Xisha (the name it gave to Hoang Sa) and Nansha (its name forTruong Sa) from Japan , runs completely counter to the historicalfact of the time.
The illegal “U-shaped” line
The "U-shaped" line is absolutely groundless in legal and historicalterms as it was arbitrarily drawn by China without coordinates ofspecific points and was not internationally recognised. In 2009, Chinaofficially made its "U-shaped" line claim to the United Nations forthe first time but it gave no detailed explanation. Shortly afterwards,Vietnam , Indonesia and the Philippines sent their diplomatic notesto the UN to protest the absurd claim of China . At internationalworkshops since then, many scholars from all around the globe havepointed out the illegality of the claim, emphasising that it is thecause of rising tension and complexity in the East Sea .
The “U-shaped” line claim completely runs counter to the 1982 UNConvention on the Law of the Sea, to which China is a party. Infact, the coastal states in the East Sea as well as those outsidethe region have rejected China ’s claim, which infringes the exclusiveeconomic zones and continental shelves of five countries, namelyVietnam, the Philippines , Indonesia , Malaysia and Brunei.
Vietnam consistently pursues its just stance, demanding China to abide by international law
Vietnam ’s stance on the two archipelagoes of Hoang Sa and Truong Sais clear and consistent. Vietnam is the first and only state thathas exercised its right of mastery to both archipelagoes in a peaceful,stable and uninterrupted manner. Vietnam has sufficient historicalevidence and legal grounds to prove its sovereignty over the twoarchipelagoes. On the other hand, Vietnam intends to resolve alldisputes in the East Sea by peaceful means on the basis of respect forinternational law and practice, particularly the 1982 UN Convention onthe Law of the Sea (UNCLOS) and in the spirit of the 2002 Declaration onthe Conduct of Parties in the East Sea (DOC).
As asignatory to and a ratifier of the 1982 UNCLOS, Vietnam has fullyimplemented its sovereignty, sovereign right and jurisdiction over theislands, maritime zones and continental shelf in accordance with theprovisions of the Convention. In particular, Vietnam has exercisedits inspection and control to ensure law enforcement on the waters andislands, and conducted exploration and exploitation of natural resourcesand protection of the marine environment, including the exploration andexploitation of oil and gas. These oil and gas activities are carriedout within the 200 nautical mile economic exclusive zones andcontinental shelf of Vietnam , and there is no dispute with any othercountry.
Also a ratifier of the 1982 UNCLOS, China has an obligation to abide by the provisions of the Convention.
China’s blatantly illegal placement of its oil rig Haiyang Shiyou-981in Vietnam’s exclusive economic zone and continental shelf, as well asChina’s argument that all countries’ oil and gas activities in the EastSea must be approved by China, is totally groundless, violating thesovereignty, sovereign right and national jurisdiction of coastalstates, including Vietnam, as specified by the 1982 UNCLOS.-VNA