The International Association of Democratic Lawyers (IADL) has called upon parties involved in territorial disputes in the East Sea to fully observe the 1982 UN Convention on the Law of the Sea (UNCLOS) to settle their disputes peacefully.

The International Association of Democratic Lawyers released a resolution on increasing violation in the East Sea, in Hanoi on June 11

An IADL resolution released in Hanoi on June 11 says the IADL is concerned about the increasing tensions between countries in the region regarding security and navigation safety in the East Sea and the increasing potential for conflict which poses a direct threat to peace, stability, security in Southeast Asia.

The IADL has learned that on May 2, 2014 China placed its floating drilling rig Haiyang Shiyou-981 deep inside Vietnam’s exclusive economic zone and continental shelf. It even sent a flotilla of vessels and aircraft to the area to protect the rig.

The International Association of Democratic Lawyers released a resolution on increasing violation in the East Sea, in Hanoi on June 11

The situation got worse after Chinese vessels constantly rammed and used water cannons to fire at a number of Vietnam Coast Guard and Fisheries Resources Surveillance boats, injuring sailors and damaging their property.  They even caused a Vietnamese fishing boat to sink.

Considering the situation, the IADL has sent a letter to China, reminding it that parties concerned are obliged to settle the dispute peacefully and fully abide by the 1982 UNCLOS to which both China and Vietnam are signatories.

The association asked China to clarify its legal foundations for the placement of its oil rig in Vietnam’s exclusive economic zone and continental shelf, deployment of vessels, including warships, and aircraft to the area, and provocative acts against Vietnamese law enforcement forces.

It also urged China, a UN member and one of the five UN Security Council members, to respect and resolutely observe the UN Charter, and behave as properly as a world power in maintaining and protecting peace, stability, security in the region and the world.

It proposed that China respect international law, stop and restrain itself from actions that might further complicate the situation and increase tensions in the region, threatening security and safety of navigation in the East Sea.

IADL support

At a press briefing in Hanoi on June 11, Jitendra Sharma, honorary President of the IADL, affirmed that China’s oil rig placement is a blatant violation of Vietnam’s sovereignty, and that Vietnam has the right to take appropriate steps towards settling the dispute.

He said he has learned that Vietnam has historical evidence to assert its undisputable sovereignty over the Hoang Sa (Pararel) and Truong Sa (Spratly) archipelagos. China has no legal foundations to justify its placement of the rig in Vietnam’s territorial waters.

Sharma also criticised a senior military leader of China who said at the recent Shangri-La Dialogue in Singapore that the 1982 UNCLOS does not apply to the East Sea.  

This is a false statement because UNCLOS has no exclusion clauses, Sharma said, adding that what concerning the islands and surrounding waters is all subject to the UNCLOS.

He expressed his belief that the government and people of Vietnam will make full use of all possibilities, including international law and the UN Charter, to resolve the issue peacefully.