It is impossible to say that Vietnam’s sovereignty over Hoang Sa andTruong Sa archipelagoes has been dented because the country lackssovereignty declaration and exercise, said Lawyer, Dr. Ta Van Tai, apostgraduate of Harvard Law School, in an interview with the People’sArmy Newspaper.
The lawyer was talking about the legal andhistorical foundation proving China’s violation of Vietnam's sovereigntywhen it placed its oil rig Haiyang Shiyou-981 in Vietnam’s exclusiveeconomic zone and continental shelf in the East Sea early last month.
Regarding Vietnam’s interests in the East Sea under the United NationsConvention on the Law of the Sea in 1982 (1982 UNCLOS), Tai held thatVietnam has two national interests.
First, its territorialsovereignty over a large number of islands and coral reefs in Hoang Sa(Paracel) and Truong Sa (Spartly) archipelagoes, which Vietnam declaredand exercised sovereignty from the past in line with international law,was founded hundreds of years ago until some locations was forciblyoccupied by China.
Second, Vietnam has its interests or rightsover the waters and the seabed under the waters in the East Sea,including its sovereign right to exploit sea resources including fish,ore, metal, and oil and gas in the exclusive economic zone and thecontinental shelf.
The lawyer also pointed out that under UNCLOS,the sovereign right in EEZ and continental shelf of Vietnam, a coastalstate, is exclusive; thus, Vietnam, in its EEZ, has the right to buildartificial islands, structures, do marine research and protect themarine environment, while respecting other states’ rights relating tothe freedom of navigation, the laying of submarine cables or pipelines(under UNCLOS’s Articles 56 and 58). In addition, in its EEZ, Vietnamhas an exclusive right of exploitation of natural resources without anydeclaration or occupation and no other states could undertake theactivity without Vietnam’s consent (UNCLOS’s Article 77).
Therefore,Tai stressed that Vietnam should make clear and lay stress on theconfirmation of international law on Vietnam’s rights in the East Sea.
To further clarify China’s violations of UNCLOS, Tai said that China, acoastal state, unilaterally hinders the freedom of navigation bydeploying many warships and other vessels around the drilling rigHaiyang Shiyou – 981, violating UNCLOS on the freedom and right ofnavigation, aviation or the freedom and right of laying submarine cablesand pipelines, as well as the exploitation of the sea for otherpurposes which are recognised internationally.
Another China’sviolation is that instead of obeying steps of negotiation on itsdifferences with Vietnam on EEZ and continental shelf in the spirit ofunderstanding and cooperation together with temporary measures, Chinahad provocative acts in the East Sea. On the contrary, while waiting forjudgment from jurisdiction bodies, Vietnam has limited its operation inlots 118 and 119.
China, as Tai said, has also violated the Declaration on the Conduct of Parties in the East Sea (DOC).
AboutChina’s arguments to vindicate its illegal placement of the giant oilrig in Vietnam’s exclusive economic zone and continental shelf, Tai heldthat over the past time, the Chinese Foreign Ministry has avoidedciting its groundless “cow-tongue line” or “nine-dashed line” which wasquestioned by Chinese, Vietnamese and international scholars. Whenplacing the oil rig between Vietnam’s oil lots 142 and 143 in Vietnam’sEEZ, China said that the rig was placed within the waters of Hoang SaArchipelago. In fact, Hoang Sa Archipelago belongs to Vietnam’ssovereignty. China wanted to refer to the EEZ and continental shelf ofHoang Sa Archipelago that it used force to seize it from Vietnam.
According to Tai, there will be two possible lawsuits to refuteChina’s argument on the EEZ of Hoang Sa Archipelago to claim China'sright to exploit for the oil rig. In the files, Vietnam should makeclear two points.
First, Hoang Sa Archipelago does not belong to China’s territorial sovereignty, but belongs to Vietnam indeed.
Second,Hoang Sa Archipelago has no rock-top or cape, even Phu Lam, deserved tobe called an island where local inhabitants had lived in aself-sufficient economy in natural status. Hoang Sa has only rock andnothing else.
Based on historical evidences on its sovereigntyunder international law, Vietnam, over many centuries in its longhistory, has confirmed and exercised its sovereignty over Hoang Sa andTruong Sa archipelagoes. China used force to occupy Hoang Sa in 1974 andwas opposed by the administration of the Republic of Vietnam. Later on,the Democratic Republic of Vietnam raised its voice against China’s useof force to occupy Hoang Sa, as well as some islands of Truong SaArchipelago in 1988. Therefore, it is impossible to say that Vietnam’ssovereignty over Hoang Sa and Truong Sa archipelagoes has been dentedbecause of the lack of sovereignty declaration and exercise.
Aboutanother possible lawsuit, Tai held that Vietnam might sue China at theInternational Tribunal for the Law of the Sea (ITLOS) pursuant to acompulsory procedure in UNCLOS. At this tribunal, Vietnam is able toreject China’s so-called legal foundation used to justify its illegalplacement of the drilling rig Haiyang Shiyou - 981 in Vietnam’sexclusive economic zone and continental shelf.
The lawyerstressed that Vietnam might rely on law to affirm that the place wherethe rig is stationed lies within Vietnam’s continental shelf, completelyon the Vietnam’s side. And if required, a negotiation under theconvention should be held to find out a median line between the twocontinental shelves.
Under UNCLOS, partiesconcerned are asked to negotiate and reconciliation is also referredbefore compulsory proceedings are applied. Therefore, bilateral andmultilateral diplomatic negotiations are a must. In bilateralnegotiations, if hegemony overwhelms, multilateral negotiations in ASEANand even outside the region are necessary.
The multilateral diplomacy solution is expected to check China’s erroneous acts.
Tai further elaborated that Vietnam can rely on internationalorganisations around the world to denounce China’s erroneous acts in theEast Sea among the world’s public opinion and to make resolutionsagainst China’s acts.
He also recommended Vietnam to bring thecase to the United Nations General Assembly, even the United NationsSecurity Council because a United Nations General Assembly’s resolutionwould bear pressure from international public opinion that can stopChina erroneous acts. Despite the fact that a decision at the UnitedNations Security Council might be vetoed by China, still Vietnam shouldbring it to this UN’s body as it is a required procedure a state shoulddo whenever there appears a threat to the world’s peace and security.China in fact has deployed warships and used aggressive measures,including ramming, colliding and firing water cannons at Vietnameseships. These China’s aggressive acts are certainly protested byinternational opinion, while putting the world public to Vietnam’s side.
The lawyer finally quoted a doctor from Washington-based Centrefor Strategic and International Studies as saying that it is optimalfor Vietnam to prevent the operation of China’s massive oil rig inVietnam’s exclusive economic zone and continental shelf in the East Sea,to order its marine surveillance ships to approach the oil rig toassert Vietnam’s sovereignty, and not to use force to retaliate Chinesevessels’ aggressive actions so as to avoid any escalating tension in theregion.-VNA
The lawyer was talking about the legal andhistorical foundation proving China’s violation of Vietnam's sovereigntywhen it placed its oil rig Haiyang Shiyou-981 in Vietnam’s exclusiveeconomic zone and continental shelf in the East Sea early last month.
Regarding Vietnam’s interests in the East Sea under the United NationsConvention on the Law of the Sea in 1982 (1982 UNCLOS), Tai held thatVietnam has two national interests.
First, its territorialsovereignty over a large number of islands and coral reefs in Hoang Sa(Paracel) and Truong Sa (Spartly) archipelagoes, which Vietnam declaredand exercised sovereignty from the past in line with international law,was founded hundreds of years ago until some locations was forciblyoccupied by China.
Second, Vietnam has its interests or rightsover the waters and the seabed under the waters in the East Sea,including its sovereign right to exploit sea resources including fish,ore, metal, and oil and gas in the exclusive economic zone and thecontinental shelf.
The lawyer also pointed out that under UNCLOS,the sovereign right in EEZ and continental shelf of Vietnam, a coastalstate, is exclusive; thus, Vietnam, in its EEZ, has the right to buildartificial islands, structures, do marine research and protect themarine environment, while respecting other states’ rights relating tothe freedom of navigation, the laying of submarine cables or pipelines(under UNCLOS’s Articles 56 and 58). In addition, in its EEZ, Vietnamhas an exclusive right of exploitation of natural resources without anydeclaration or occupation and no other states could undertake theactivity without Vietnam’s consent (UNCLOS’s Article 77).
Therefore,Tai stressed that Vietnam should make clear and lay stress on theconfirmation of international law on Vietnam’s rights in the East Sea.
To further clarify China’s violations of UNCLOS, Tai said that China, acoastal state, unilaterally hinders the freedom of navigation bydeploying many warships and other vessels around the drilling rigHaiyang Shiyou – 981, violating UNCLOS on the freedom and right ofnavigation, aviation or the freedom and right of laying submarine cablesand pipelines, as well as the exploitation of the sea for otherpurposes which are recognised internationally.
Another China’sviolation is that instead of obeying steps of negotiation on itsdifferences with Vietnam on EEZ and continental shelf in the spirit ofunderstanding and cooperation together with temporary measures, Chinahad provocative acts in the East Sea. On the contrary, while waiting forjudgment from jurisdiction bodies, Vietnam has limited its operation inlots 118 and 119.
China, as Tai said, has also violated the Declaration on the Conduct of Parties in the East Sea (DOC).
AboutChina’s arguments to vindicate its illegal placement of the giant oilrig in Vietnam’s exclusive economic zone and continental shelf, Tai heldthat over the past time, the Chinese Foreign Ministry has avoidedciting its groundless “cow-tongue line” or “nine-dashed line” which wasquestioned by Chinese, Vietnamese and international scholars. Whenplacing the oil rig between Vietnam’s oil lots 142 and 143 in Vietnam’sEEZ, China said that the rig was placed within the waters of Hoang SaArchipelago. In fact, Hoang Sa Archipelago belongs to Vietnam’ssovereignty. China wanted to refer to the EEZ and continental shelf ofHoang Sa Archipelago that it used force to seize it from Vietnam.
According to Tai, there will be two possible lawsuits to refuteChina’s argument on the EEZ of Hoang Sa Archipelago to claim China'sright to exploit for the oil rig. In the files, Vietnam should makeclear two points.
First, Hoang Sa Archipelago does not belong to China’s territorial sovereignty, but belongs to Vietnam indeed.
Second,Hoang Sa Archipelago has no rock-top or cape, even Phu Lam, deserved tobe called an island where local inhabitants had lived in aself-sufficient economy in natural status. Hoang Sa has only rock andnothing else.
Based on historical evidences on its sovereigntyunder international law, Vietnam, over many centuries in its longhistory, has confirmed and exercised its sovereignty over Hoang Sa andTruong Sa archipelagoes. China used force to occupy Hoang Sa in 1974 andwas opposed by the administration of the Republic of Vietnam. Later on,the Democratic Republic of Vietnam raised its voice against China’s useof force to occupy Hoang Sa, as well as some islands of Truong SaArchipelago in 1988. Therefore, it is impossible to say that Vietnam’ssovereignty over Hoang Sa and Truong Sa archipelagoes has been dentedbecause of the lack of sovereignty declaration and exercise.
Aboutanother possible lawsuit, Tai held that Vietnam might sue China at theInternational Tribunal for the Law of the Sea (ITLOS) pursuant to acompulsory procedure in UNCLOS. At this tribunal, Vietnam is able toreject China’s so-called legal foundation used to justify its illegalplacement of the drilling rig Haiyang Shiyou - 981 in Vietnam’sexclusive economic zone and continental shelf.
The lawyerstressed that Vietnam might rely on law to affirm that the place wherethe rig is stationed lies within Vietnam’s continental shelf, completelyon the Vietnam’s side. And if required, a negotiation under theconvention should be held to find out a median line between the twocontinental shelves.
Under UNCLOS, partiesconcerned are asked to negotiate and reconciliation is also referredbefore compulsory proceedings are applied. Therefore, bilateral andmultilateral diplomatic negotiations are a must. In bilateralnegotiations, if hegemony overwhelms, multilateral negotiations in ASEANand even outside the region are necessary.
The multilateral diplomacy solution is expected to check China’s erroneous acts.
Tai further elaborated that Vietnam can rely on internationalorganisations around the world to denounce China’s erroneous acts in theEast Sea among the world’s public opinion and to make resolutionsagainst China’s acts.
He also recommended Vietnam to bring thecase to the United Nations General Assembly, even the United NationsSecurity Council because a United Nations General Assembly’s resolutionwould bear pressure from international public opinion that can stopChina erroneous acts. Despite the fact that a decision at the UnitedNations Security Council might be vetoed by China, still Vietnam shouldbring it to this UN’s body as it is a required procedure a state shoulddo whenever there appears a threat to the world’s peace and security.China in fact has deployed warships and used aggressive measures,including ramming, colliding and firing water cannons at Vietnameseships. These China’s aggressive acts are certainly protested byinternational opinion, while putting the world public to Vietnam’s side.
The lawyer finally quoted a doctor from Washington-based Centrefor Strategic and International Studies as saying that it is optimalfor Vietnam to prevent the operation of China’s massive oil rig inVietnam’s exclusive economic zone and continental shelf in the East Sea,to order its marine surveillance ships to approach the oil rig toassert Vietnam’s sovereignty, and not to use force to retaliate Chinesevessels’ aggressive actions so as to avoid any escalating tension in theregion.-VNA
