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Hong Thao Nguyen

This tag is associated with 17 posts

Vietnam’s Position on the Sovereignty over the Paracels & the Spratlys: Its Maritime Claim

Vietnam’s Position on the Sovereignty over the Paracels & the Spratlys: Its Maritime Claim Hong Thao Nguyen Vietnam National University – Hanoi May 4, 2012 Journal of East Asia International Law, V JEAIL (1) 2012 Abstract: The South China Sea has long been regarded as a major source of tension and instability in Pacific Asia. … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 16)

Part 16: A “bull-tongue line”, an absurdity On June 15th, 1996, China ratified the 1982 UN Convention on the Law of the Sea and promulgated the Regulation on the baseline system to calculate the width of territorial waters, including Xisha (Hoàng Sa/Paracels). In accordance with China’s statement, the baseline adjacent to the Hoàng Sa archipelago … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 15)

Part 15: The inviolable right to succession Since 1949, the political changes in some regional countries has led to the appearance of new state entities involving in the dispute in the East Sea (South China Sea). Here, the issue of the right to succession is of importance. Immediately after the end of World War II, … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 14)

Part 14: Acquisition of sovereignty over Trường Sa (Spratlys) For the Trường Sa archipelago, the first specific observations of this area took place between 1867-1868 by the British oceanographic research vessel Riflemean. Later, the area left abandoned until the scientific reconnaissance carried out by the French ship de Lanessan in the sea area of Trường … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 13)

Part 13: Setting the milestone in 1909: Too late! In August 1907, the Japanese with their ambition occupied the uninhabited islands within Dongsha archipelago, near Guangdong. This posed a direct threat to the security of China. The incident resulted in the opposite turn in China’s attitude toward Hoàng Sa (Paracels), an archipelago that was seen … Continue reading

International law and sovereignty over Paracel and Spratly archipelagoes (Part 12)

Part 12: Occupation by force is illegal Since 1885, international law on territorial acquisition has taken profound changes. For unclaimed land (terres res nullius), effective, uninterrupted and continuous occupation with relatively large discontinuity can be compromised if it is compatible with the maintenance of rights and notification of such occupation to be sent to other … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 11)

Part 11: Legitimate occupation If the voyages for surveys and drawing of maritime routes can be considered as acts for general recognition, then the planting of wooden markers by the order of the kings created an indisputable act in establishing the power of the Annamese kingdom over the uninhabited islands. In 1833, the King ordered … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 10)

Part 10: The will to affirm the sovereignty of Vietnam  The evidences introduced by Vietnam show that activities carried out by the Nguyễn Lords and Kings in Hoàng Sa (Paracels) and Trường Sa (Spratlys) mostly focus on the five following areas: 1. Systematic exploitation of the islands. 2. Organization of measurements and surveys for better … Continue reading

International law and sovereignty over the Paracel and Spratly archipelagoes (Part 9)

Part 9: Documents that objectively recognize Vietnam’s sovereignty In order to resolve the prolonged debate on the historical title of the archipelagoes, it is best to consult the opinions of third parties. Westerners had spoken about the inclusion of the Paracel archipelago into Annam. The French missionaries on the ship Amphitrite, on their way to … Continue reading

International law and the sovereignty over Paracel and Spratly archipelagoes (Part 8)

Part 8: Towards well-grounded arguments  Based on the ancient records and maps of Vietnam, some comments can be made as follows: 1. Right from the era of the Nguyễn Lords, the Vietnamese had got rather thorough understanding of the existence of these islands. Vietnamese descriptions of the islands are more detailed and precise than those … Continue reading

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