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Scholars suggest ways to counter China’s actions
  • | VNA | June 21, 2014 08:52 PM
As China has not put forth any persuasive evidence proving sovereignty over the two groups of islands [Spratly and Paracel], Vietnam should use all legal maneuvers available to demonstrate to the world that justice is on their side.

International scholars, including those from the US, France, Belgium, and Australia, made the suggestions at an international conference in Danang city on June 20-21.

Their presentations made it clear that the Vietnamese state has established and exercised its sovereignty over the Hoang Sa (Paracel) and Truong Sa (Spratly) archipelagos peacefully and constantly and in line with international law for centuries.

They once again criticized China’s nine-dash line claim that covers more than 80% of the East Sea’s area, affecting the interests of many coastal countries in the region.

General Daniel Schaeffer, former French military attaché to China, Thailand and Vietnam, said China’s East Sea claim is invalid without convincing explanation.

Defying international law, China has over past years sought to realize its groundless claim by infringing upon sovereignty of the Philippines, Vietnam and Malaysia.

The ‘nine-dash line’ claim is no longer just a matter of particular concern of only one country in the region, but now is of utmost concern to the international community. An international consensus should be reached to ask China to abolish its claim.

Professor Jerome Cohen from New York University’s School of Law recommended that like the Philippines, Vietnam should sue China into the International Tribunal for the Law of the Sea, because the nine-dash line runs counter to the 1982 UN Convention on the Law of the Sea (UNCLOS).

Vietnam can also team up with the Philippines or it can unilaterally sue China in an international arbitration court in accordance with the 1982 UNCLOS, to which China is a signatory.

Professor Eric Franckx from Université Libre de Bruxelles, Belgium, said the 1982 UNCLOS is very important because it takes priority and governs the settlement of sea disputes.

The convention was signed by many countries, including China that agreed to settle sea disputes through the UNCLOS.  This means Vietnam can unilaterally bring China in an international court.

Professor Carlyle A. Thayer from the University of New South Wales in Australia suggested that Vietnam submit a proposal to the UN Security Council, asking for a debate on China’s illegal oil rig placement in the East Sea and its impact on regional security.

As a world power, China may use its veto power to reject any UNSC resolution, but at least the international community will better understand Vietnam’s goodwill and China’s actions, asking China to withdraw its platform from Vietnam’s waters.

Scholar even affirmed that it is unacceptable if any party uses force to change the status quo, destabilize the region and violate sovereignty of another nation, in its attempt to take control of the East Sea.

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