Need to sue China to international courts

25/05/2014

Despite the objections of the government and people of Vietnam and the condemnation of the international community, Chinese ships and aircraft have continued to attack and intimidate Vietnamese vessels in the exclusive economic zone (EEZ) of Vietnam. As China has illegally deployed an oil rig in Vietnam’s waters since early this month, in addition to other similar violations in the past, we can file at least two lawsuits against China in international courts, a senior Vietnamese lawyer has said. Accordingly, the Vietnamese government can challenge the Chinese government to the International Tribunal for the Law of the Sea, while the Vietnam Oil and Gas Group (PetroVietnam) can sue the Chinese National Offshore Oil Corporation (CNOOC) – which operates the drilling platform – to a civil court in Vietnam, lawyer Hoang Ngoc Giao, head of the Research Institute for Policy, Law, and Development said in a recent interview.
 By planting the oil rig Haiyang Shiyou 981 (HD 981) in Vietnamese waters in the East Vietnam Sea, China has violated Vietnam’s sovereign rights and jurisdiction over its exclusive economic zone (EEZ) and continental shelf, and for this violation, We can sue China to the International Tribunal for the Law of the Sea. The tribunal was established under the 1982 United Nations Convention on the Law of Sea (UNCLOS) to which China is a signatory.
Since China illegally placed an oil rig within the Vietnamese Exclusive Economic Zone, Vietnamese forces and fishing vessels in the area have had to show great restraint in order to avoid escalation. The protective actions of the Vietnamese coast guard and fishing fleet have brought international attention to the fact that we intend to protect its territorial waters. For the sake of stability and safety in the region, we has chosen the path of dialogue. Our country's leadership has been very careful to pursue peaceful means of retaining and protecting its territory. Our government is preparing necessary filings to bring China to the International Arbitration Court if China does not withdraw its drilling rig Haiyang Shiyou-981 from Vietnam’s exclusive economic zone.
 A lawsuit is crucial, it will show to the world China’s violation of international law and how Vietnam will deal with this. We should take advantage of this important communication strategy. It would also help ASEAN come up with new approaches to settling East Sea disputes.
Using international courts for solving the dispute is the best way for our country to protect its national sovereignty peacefully. This would also prove Vietnam’s respect for international law. We would be able to clearly prove its sovereignty over the East Sea. At the moment, We need the world community’s support. In this way, Vietnam will be able to achieve both justice and peace.
The world knows that China occupied Vietnam’s Hoang Sa (Paracel) Islands with violence 40 years ago, an act that violated the Charter of the United Nations. With the recent deployment of the Haiyang Shiyou 981 oil rig, China has openly violated Vietnam’s sovereignty, seriously violating international laws. We are totally eligible to sue China in accordance with the regulations of the 1982 UNCLOS.
Under the UNCLOS, coastal states like Vietnam are entitled to a 200-nautical-mile exclusive economic zone from the base line. We has full legal and historical evidence to prove its sovereign right and jurisdiction over the country’s exclusive economic zone and continental shelf in compliance with regulations in the UNCLOS./.

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All comments [ 10 ]


Hùng Quân 3/6/14 19:40

A move by Vietnam to pursue the same course as the Philippines would anger China, which prefers to negotiate bilaterally with countries over such disputes. But, now the only way smaller countries can stand up to China is to internationalise the East Sea disputes.

Vân Nhàn 3/6/14 19:41

Yeah, I agree with the writer, we need to sue China now, need to get supports from the international community.

Hoàng Lân 3/6/14 19:44

It’s time China change its analysis of this situation. What will the world think of a country that behaves in this way? China must reconsider its actions or face self-imposed isolation.

Huy Quốc 3/6/14 19:45

I’m confident we have enough historical and legal evidence

Quân Hoàng 3/6/14 19:47

A lawsuit is crucial, it will show to the world China’s violation of international law and how Vietnam will deal with this. We should take advantage of this important communication strategy

Lê Tín 3/6/14 19:48

We love peace. We wish for a friendly relationship between the Chinese and Vietnamese people. I consider the Chinese community in Vietnam Vietnamese people and I think they support cause

Quốc Cường 3/6/14 19:51

As China has repeatedly delayed and has been even unwilling to resolve disputes, Vietnam may unilaterally submit the dispute to the arbitral tribunal

Huy Lâm 3/6/14 19:52

This would also prove Vietnam’s respect for international law. We would be able to clearly prove its sovereignty over the East Sea.

Quốc Kiên 3/6/14 20:23

China will never agree, because it does not have a solid legal claim. China has violated the UNCLOS and it is unwilling to resolve the dispute through negotiations

Phạm Hiếu 3/6/14 20:24

Vietnam still can unilaterally sue China if it can prove that the dispute between the two countries is under the scope of UNCLOS and not within the exceptions that China has claimed.

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