Viet Nam Human Rights
Need to sue China to international courts
25/5/14
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 ]
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.
Yeah, I agree with the writer, we need to sue China now, need to get supports from the international community.
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.
I’m confident we have enough historical and legal evidence
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
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
As China has repeatedly delayed and has been even unwilling to resolve disputes, Vietnam may unilaterally submit the dispute to the arbitral tribunal
This would also prove Vietnam’s respect for international law. We would be able to clearly prove its sovereignty over the East Sea.
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
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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