Legal basis to assert the sovereignty of Hoang Sa and Truong Sa of Vietnam.

 

Historically, Vietnam has experienced many wars of foreign aggression. Most of the ancient national archives in those periods were destroyed by the invaders with the aim of eradicating Vietnamese culture in order to assimilate. However, only the remaining historical documents are sufficient to prove that the Vietnamese have a long history of sovereignty over the Paracel and Spratly Islands, which are well suited to customs. as international law on the establishment and affirmation of territorial sovereignty.

 

 

 

 

 

 

 

 

 

 

General Le Duc Anh (now Minister of Defense)

 in the Spratly Islands, Vietnam in 1988

 

The Paracels and Spratly islands of Vietnam consist of very small coral islands in the middle of the South China Sea. The two archipelagos are at the center of a complex dispute between some East China Sea countries. On the settlement of sovereignty disputes over territory, international law has established the principle of establishing sovereignty as the principle of real possession and the exercise of state power in a true, continuous and peaceful manner. . This principle has been adopted by countries and international jurisdictions to deal with so many disputes over territorial sovereignty around the world.

Applying the above-mentioned principle of international law to the case of the Paracel and Spratly archipelagos, historical evidence and legal grounds suggest that the Vietnamese States have actually possessed two archipelagos this over hundreds of years. To be exact, Vietnamese states have historically and so far exercised sovereignty here at least since the 17th century when the two islands were not under the sovereignty of any country. Since then, Vietnam has established and enforced its sovereignty over Hoang Sa and Truong Sa archipelagos in a continuous and peaceful manner.

The historical evidence that Vietnam has collected is very rich, although as said, due to the constant war situation, many ancient books of Vietnam have been lost, lost. However, the remaining data and history are still sufficient to assert Vietnam's sovereignty over the Paracel and Spratly archipelagos. Firstly, maps of Vietnam in the seventeenth century called the two archipelagos with the name Bai Cat Vang and recorded it in the district of Binh Son district, Quang Ngai province. Secondly, many ancient documents of Vietnam such as Toan Tap Dai (The 17th century), Phu Bien Tap Luc (1776), Dai Nam Thuc Luan (1844 - 1848), Dai Nam Nam Nhat Thong Chi (1865-1875), the Nguyen Dynasty (1802-1945) ... all spoke of the two archipelagos of Hoang Sa and Truong Sa as Golden Sands Beach in the South China Sea and the sending of the State Hoang Sa to exploit these islands. Thirdly, many ancient books and maps of foreign countries also represent the Hoang Sa and Truong Sa archipelagoes under Vietnamese sovereignty. The culmination of Vietnam's declaration and sovereignty over the Paracel and Spratly Islands was in 1816 when King Gia Long sent troops to the Hoang Sa archipelago and proclaimed Vietnam's flag. It should be said that for a long time, Vietnamese people have always considered the Hoang Sa and Truong Sa archipelagoes as a long stretch of thousands of islands in the South China Sea, so called Truong Sa or Great Truong Sa , Bai Cat Vang ... In fact, the Nguyen lords as well as the Nguyen later have many actions continuously sent people to govern, exploit the islands on both the Paracel and Spratly Islands. The feudal state of Vietnam has organized Hoang Sa and Bac Hai teams to exercise sovereign rights and exploit the two archipelagos. The rules for selecting people, the regime of reward and treatment for teams are clearly defined by the State. These teams were maintained and operated continuously from the Nguyen dynasty (1558-1783) to the Tay Son (1786-1802) and the Nguyen. The Nguyễn Dynasty sent Pham Quang Anh (1815), Truong Phuc Si, Pham Van Nguyen, Pham Huu Nhat (1834, 1835, 1836) to Hoang Sa to survey and survey islands, mapping, building shrines, building beer.

 

 

The soldiers of the Navy People's Army of Vietnam

 On the Phan Vinh island of Truong Sa archipelago in May 1988

After the Indochinese colonization, France on behalf of Vietnam continued to manage the two archipelagos by sending patrols to ensure security, prevent smuggling, allow the Japanese to exploit bird droppings on the island, dispatch ships De Lanessan studied marine, geological, biological ... From 1930 to 1932, the warships Inconstant, Alerte, La Malicieuse and De Lanessan of the French navy consecutively on Hoang Sa. In the early 1930s, the French occupied the main islands of the Spratly Islands. These activities were announced in the Official Gazette of the Republic of France on July 26, 1933. In 1933, the governor general of Indochina issued a decree regulating the Spratly Islands in Ba Ria. France also separates the Hoang Sa archipelago from Nam Nghia province and places it in Thua Thien and for a unit stationed there. After returning to Indochina,

In 1951, at the San Francisco Convention (USA), a proposal was made to supplement the draft treaty requesting the return of China to the Paracel and Spratly Islands. But the conference rejected the proposal with an overwhelming 46 votes, three abstentions and one abstention. At the meeting, Foreign Minister Tran Van Huu led the delegation of the Vietnamese National Government, which affirmed Vietnam's longstanding sovereignty over Hoang Sa and Truong Sa archipelagos without meeting protests. save of any water.

In 1956 France handed over the South Vietnamese territory to the Government of the Republic of Vietnam (VNCH) and the government sent troops to take over and organize two archipelagos. an inland district), building the sovereign stele, maintaining meteorological stations. From the 50s of the 20th century, the situation of the Hoang Sa and Truong Sa archipelagos became more complicated. Taking advantage of the chaotic situation when France withdrew from Indochina under the Geneva Convention in 1954, China secretly illegally occupied the island group east of the Hoang Sa archipelago in 1956. The South Vietnamese government vehemently opposed it. In 1959 Chinese troops pretended to be fishermen on the western island group of Hoang Sa. The ARVN has detected the deterrence and detention of 82 "fishermen" in China.

To the west island group of the Hoang Sa archipelago, the South Vietnamese government continued to govern until 1974. In 1974, China used air and naval forces occupying the western part of the Paracel Islands. The Republic of Vietnam and the Provisional Revolutionary Government of South Vietnam vigorously opposed this aggression by China. In 1975, the South Vietnamese government collapsed, the People's Army Navy took over the islands full of South Vietnamese troops in the South China Sea. The Vietnamese government then reaffirmed Vietnam's sovereignty over the Paracel and Spratly Islands, issuing many administrative documents establishing the Hoang Sa and Truong Sa islands. such as completing administrative management of these islands. It is evident that until 1988 there had never been any presence of China in the Spratly Islands. On 14-3-1988, the NVA began to use force to illegally occupy some islands of Truong Sa archipelago of Vietnam. In the light of international law, Vietnam has sufficient historical evidence and legal basis to assert its long and continuous sovereignty over Hoang Sa and Truong Sa archipelagos.

 

 

 

Today's big island Changsha children

are on their way to class

1982 Convention on the Law of the Sea allows coastal states to enjoy continental shelf status for exploration and exploitation of natural resources. This is a special sovereignty, not subject to the conditions of possession, exploration or manifestation. Any arbitrary occupying of foreigners, whether by force or not, is illegal and invalid. Geographically, Tri Ton island, Hoang Sa archipelago is just 135 nautical miles from Quang Ngai and Hoang Sa (Pattle) island, 160 nautical miles from mainland Vietnam. Thus, the Hoang Sa archipelago is located in the continental shelf of Vietnam, which is regulated by the 1982 Law of the Sea Convention. Geologically, scientific studies have shown that the Paracel Islands are part of Vietnam. Male. On the topography, the seabed in Hoang Sa archipelago is a plateau submerged under continental seaboard continuous continental Vietnam. In the Spratly Islands, too, Geologically and seafloor of the Spratly Islands is a natural continuation of the Vietnamese continent from the mainland to the sea. Moreover, Tu Chinh and Spratly Islands are only 150 to 200 nautical miles from mainland Vietnam, in the continental shelf of Vietnam.

A highly objective requirement for all countries involved in the South China Sea is to comply with the common law that the international community, including the littoral states, has built up. United Nations Convention on the Law of the Sea 1982. In applying the Convention for the exercise of sovereignty and territorial sovereignty over its internal waters, territorial waters, exclusive economic zones and continental shelf, States of the South China Sea have the duty to respect sovereignty and sovereignty. the rights of other countries along the East Sea to their territorial waters, exclusive economic zone and continental shelf. In the age of civilization, the use of force, threat of using force to occupy territory of another country has been prohibited by international law. Force will also not be the right way to resolve disputes in the South China Sea. Adhering to the basic principles of international law,END=VIETNAMESE TRANSLATE ENGLISH BY=THICH CHAN TANH.AUSTRALIA,SYDNEY.2/7/2018.