Updated on : Chủ Nhật, 27/07/2014 - 5:34 CH
VN should consider legal actions

VGP – A large number of foreign scholars suggested that Viet Nam should consider legal actions to resolve maritime issues with China amidst the complicated developments in the East Sea.

The overview of the international seminar on “Legal aspects relate to China’s placement of HaiYang ShiYou oil rig 981 in Viet Nam’s waters.”

The Ho Chi Minh City University of Law and the Viet Nam Lawyers' Association on July 26 co-organized an international seminar themed “Legal aspects relate to China’s placement of HaiYang ShiYou oil rig 981 in Viet Nam’s waters.”

The event drew the participation of around 50 scholars and 250 delegates from prestigious research centers and universities worldwide especially from the US, Russia, Italy, Switzerland, Hungary, Japan, Indonesia and Singapore.

The participants focused their discussions on international law and China’s placement of the oil rig in Viet Nam’s exclusive economic zone and continental shelf; settlement of international disputes through political and diplomatic means in international law; and resolution of international disputes through legal measures.

The participants said that the East Sea has an extremely geopolitical importance for not only the Southeast Asian countries, China, but also the Asia - Pacific Region and the world. Hence, ensuring security, freedom of navigation and aviation, international trade flow is the common right and responsibility of all countries.

From international law stance, the deployment of the oil rig in Viet Nam’s continental shelf and exclusive economic zone violated the Charter of the United Nations, the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties in
the East Sea (DOC) and the agreement on basic principles guiding the settlement of sea-related issues between signed Viet Nam and China in 2011.

International scholars were unanimous that all issues in the East Sea must be addressed by peaceful measures on the basis of international law especially the UN Charter and the UNCLOS. 

They hailed Viet Nam for resorting to political and diplomatic measures to settle maritime issues with China.

They also suggested that Viet Nam should consider legal measures as political and diplomatic measures have been used without effectiveness.

Legal action is a wise, peaceful and civilized option and widely recognized by the international law, said the scholars.

At first, Viet Nam should research legal procedures to sue China over the illegal placement of the oil rig in her continental shelf and exclusive economic zone. Under Appendix VII of the UNCLOS, the International Tribunal for the Law of the Sea (ITLOS) is capable of resolving disputes relating to the explanation and application of the Convention even if China refuses to join.

They also suggested that Viet Nam should prepare well for the legal actions and consult experience of other countries like Singapore, Malaysia, Guyana, Suriname, Indonesia, Thailand, and the Philippines./.

By Kim Anh

Thúy
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