VietNamNet Bridge - Peaceful negotiations and legal tools are important measures to prevent the ambition of China to monopolize the East Sea (internationally known as the South China Sea).

An international conference on the East Sea disputes.

The East Sea is still in turmoil due to China’s illegal construction activities. Vietnamese and international scholars said that China’s construction of artificial islands in the East Sea is totally contrary to the UN Convention on the Law of the Sea 1982 (UNCLOS); to the political commitments between China - Vietnam and China - ASEAN, especially the Declaration on the Conduct of Parties in the East Sea (DOC) 2002; and serious infringement of the sovereignty of Vietnam over the Truong Sa Archipelago (internationally known as the Spratly Islands).

Over 20 years ago, on the 23rd of June, 1994, the National Assembly of the Socialist Republic of Vietnam adopted the Resolution on ratification of the UNCLOS. 

Before and after ratification of the UNCLOS, Vietnam had applied the majority of the provisions of UNCLOS on the enactment and enforcement of laws to regulate its marine activities and required other countries to respect Vietnam's rights under the provisions of UNCLOS. 

Vietnam has repeatedly asserted its sovereignty over the two archipelagos of Hoang Sa (internationally known as Paracel Islands) and Truong Sa and advocated resolving disputes over territorial sovereignty concerning the East Sea and the two archipelagos through peaceful negotiations, in the spirit of equality, mutual understanding and respect, respect for international law, especially the UNCLOS 1982.

Prof., Dr. Mai Hong Quy, Rector of the Ho Chi Minh City University of Law, said: "I think that for China’s construction of artificial islands in the East Sea, we have made very clear steps in gathering evidence about the undisputed sovereignty of Vietnam over Hoang Sa and Truong Sa. China’s activities are illegal and they directly affect and infringe the provisions of the UNCLOS 1982."

The East Sea disputes are international issues, not bilateral problems. China is trying to turn these issues into bilateral issues. But Vietnam always confirms that this is a multilateral matter, relating to several countries in the region. In the current international context, according to Dr. Tran Cong Truc, former Head of the Government Frontier Committee, diplomatic and legal measures remain the most appropriate.

Dr. Tran Thang Long, lecturer of the Faculty of International Law, Ho Chi Minh City University of Law, said: "In the perspective of international law, we affirm that all the resolutions for the disputes must be based on the principles of solving disputes by peaceful means. We do not accept the use of force to serve unreasonable claims. Disputes must be solved by the road of negotiation, with the participation of all countries, particularly countries related to sovereignty. At the same time, we also have to take into account of the necessary legal measures."

As a permanent member of the UN Security Council but China has blatantly trampled upon the fundamental principles of international law. It has not only invaded Hoang Sa and part of Truong Sa of Vietnam, China has also revealed ambition to monopolize the entire East Sea through the absurd "U-shaped line" claims, which covers over 90% the East Sea.

China attempts to turn islands and reefs into naval bases, to conduct the "gunboat" foreign policy. China has implemented this policy in a long time, with careful calculations. The Chinese authorities blatantly denied all diplomatic efforts of settlement of disputes by peaceful measures of Vietnam and countries in the region, ready to trample on the sacred sovereignty of the countries concerned.

China is increasingly putting heavy pressure for peace and development with neighboring countries, primarily aiming to Vietnam, the Philippines and the countries with maritime territorial disputes with it.

Referring to China’s illegal construction and renovation activities on reefs in the East Sea, Prof., Dr. Jay Batongbacal, from the Institute for Marine and International Law Research of the Philippines, proposed a joint lawsuit against China to the International Court of Justice, initiated by two or more countries along with the Philippines.

Prof. Batongbacal said: "It is clear that China's actions are inconsistent with the content and spirit of the agreements and commitments under the DOC 2002. I think that the use of measures against the construction of artificial islands of China is feasible.”

“It is important to rapidly conduct it upon detecting the move of vessels or land reclamation facilities. It is necessary to submit to the International Tribunal for the Law of the Sea while establishing the arbitral tribunal under international law. And in this case, a joint lawsuit against China by two or more affected countries will have a greater impact than the lawsuit that is pursued by the Philippines."

VOV