Vietnam definitely wins, if we begin a legal case against China

Posted at: MONday - 19/05/2014 14:11 - post name: Nguyễn Thị Thùy

Lawyer Hoang Ngoc Giao. Photo: Bao Thang

Lawyer Hoang Ngoc Giao. Photo: Bao Thang

That was affirmation of Dr. – Lawyer Hoang Ngoc Giao (Director of Institute for Research on Policy, Law and Development – PLD, a member of Vietnam Union of Science and Technology Associations (Vusta) and Deputy Director Government Border Board) when he said about China setting oil rig in Vietnam territorial sea.

 China has continuously made aggressive moves and created tensions to protect illegal oil rig in Vietnam’s waters in those day. What should we do in this situation, Dr.?

Vietnamese slogan is always be peaceful and peace-loving. We always want to solve international problems through diplomatic solutions. But China seems not to have that goodwill because they continuously reinforce their armed forces around oil platform area – which has been recorded belonging to Vietnam territorial waters. This violating sovereign action was so serious that leaders of Vietnam Government have to raise their voices. That is a dangerous act. Therefore, the necessary thing to do now is taking legal action. And Vietnam absolutely has right to begin a legal court against China to International Tribunal.

A China seascape vessel is threatening and preventing activities of Vietnam fishery inspection vessel Photo: Vietnam Coast Guard

In details, what are the tribunals, sir?

There are two legal systems that Vietnam can apply at the same time, they are International Public Law and State Laws. This means that we could take legal actions to two court systems at the same time; they are International Court of Justice of United Nations and 1982 Law of the Sea Convention Court. This is nation to nation view.

Meanwhile, Vietnam Government can initiate lawsuit of China Government to violate Vietnam rights and sovereign rights in exclusive economic zone as well as continental shelf. In addition, in civil perspective, we have right if Vietnam Petroleum Corporation takes the Hai Duong Petroleum Corporation to the court.

As can be seen, Hai Duong Petroleum Corporation has made illegal actions in Vietnam waters. We can issue judgment to force Chinese oil and gas exploiting vessels stop illegal actions in Vietnam territorial sea.

How do you asses the lawsuit’s result?

Under the view of a law studies, I strong believe that Vietnam is going to win if we take this issue to International Tribunal. Evidently, Vietnam receives the reorganization and supports from international justice and being recognized sovereignty. Under the local view, we have had sovereignty evidences since ancient time to prove that belongs to Vietnam. And finally, I believe that justice will belong to righteous.

Thank you for your discussion!                                                                     

Mr.Giao has written an open letter sending to Prime Minister Nguyen Tan Dung because of being discontented with illegal trespassing of Chine in setting oil platform recently. He said in the letter that the Article No.34 in Charter of United Nation, the Security Council has right to investigate and evaluate characteristic and threatening to international peace and security of China using forces in Vietnam exclusive economic zone and continental shelf. Mr. Giao petitioned to Prime Minister to take the case to United Nation Security Council to clarify.

Translated by Nga Nguyen

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