China
seriously violates Vietnam’s sovereign rights and jurisdiction in the South
China Sea
On May 1st,
2014, Vietnamese authorities discovered China’s oil drilling rig Haiyang Shiyou
981 and 03 oil vessels moving from the Northwest to the South of Tri Ton Island
(Paracel islands of Vietnam). By 16:00 on May 2nd, 2014, the rig
anchored along with 17 guard ships 17 nautical miles off the South of Tri Ton
Island. The rig’s location is 119 nautical miles off Ly Son Island (Quang Ngai
Province, Vietnam). This also is in Block 143 of Vietnam. According to article
57 and 76 of the 1982 UN Convention on the Law of the Sea (UNCLOS), the rig’s location
is totally within Vietnam’s exclusive economic zone and continental shelf. The
operation of the rig and Chinese vessels seriously violates Vietnam’s sovereign
rights and jurisdiction in accordance with UNCLOS, the 2002 Declaration on the
Conduct of Parties in the South China Sea (DOC), Agreement on basic principles
guiding the settlement of sea-related issues between Vietnam and China and
other agreements between the two countries’ leaders.
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| Illegally HD-981 oil rig in Vietnam’s waters |
On the other hand, the rig
is located in a very sensitive area and intentionally chosen by China in order
to conduct its strategy of “killing two birds with one stone”. First, China
continues to claim its sovereignty over Paracel Islands and misinterpret UNCLOS
in expanding its waters and continental shelf based on the location of these
inlands in order to its irrational claim of “nine-dash line”. Second, China
deliberately creates overlapping areas and changes undisputed areas to disputed
areas in order to carry out the policy of “putting aside the disputes, exploiting
together”. Initial purpose of these actions is to obtain biological and
non-biological resources in waters and continental shelves of other countries
in accordance with UNCLOS.
To legalize its
actions, China made excuses that the rig’s location is 17 nautical miles off
Tri Ton Island and totally within the territorial waters and contiguous areas
of Paracel Islands which are of China’s sovereignty. In fact, China has invaded
the Paracel Islands by forces in 1974 which ran counter to the UN Charter and
asserted its unquestionable sovereignty over these islands. However, it is easy
to realize that the rig’s location is not in the territorial waters of Paracel
islands or even of Tri Ton Island because it is 17 nautical miles off Tri Ton
Island. Therefore, it must be in the exclusive economic zone of these islands
(because the contiguous zone is a part of the exclusive economic zone).
However, the question is whether or not the Paracels Islands, according to
UNCLOS, would meet the standards which allow a nation to expand the scope of
the exclusive economic zone and the continental shelf of the islands.
Paracel Islands include
small islands, rocks, shoals and coral reefs, etc., in an area of extreme
climate and not suitable for human life, hence it can not has its own economy
as China is trying to build after its invasion. Moreover, the Paracels do not
meet the standards of an island country. Moreover, in accordance with Article
121 of UNCLOS, floating islands can only have the 12-nautical-mile territorial waters.
Indeed, the act of drawing an outline of the baseline system, in which the
China will be able to determine their territorial waters and continental shelf of
the Paracels does not satisfy UNCLOS. For those reasons, it is irrational for
the Paracels islands to have the exclusive economic zone and continental shelf
in accordance with the provisions of UNCLOS. Therefore, the rig is located totally
within Vietnam’s exclusive economic zone and continental shelf without any
relation to the Paracels in which China is illegally occupying and misinterpreting
UNCLOS in order to justify its irrational and ambitious claims.
Groundless
To protect the rig,
China has deployed a large number of guard vessels, at times up to 136 vessels
of all kinds, including 04 military vessels, 42 marine police vessels, service
vessels, transportation vessels, fishing boats with iron shell; deliberately
rammed, used water cannons to attack, damage the ships of Vietnamese law
enforcement forces in this area eye-witnessed by local and foreign journalists
as well as international community. According to UNCLOS, using water cannons
against Vietnamese law enforcement vessels, using patrol aircrafts and more
dangerously their weapons which are always placed in ready mode are acts of
using force, coercion against competent law enforcement forces having
jurisdiction over the waters of Vietnam. Therefore, China has violated the
principle of peaceful settlement of disputes and the principle of non-use of
force and coercion.
However, despite international
condemnation, China has brazenly said that Vietnam has used military ships to
harass the so-called "normal petroleum activities" of the Chinese corporation
in "territorial waters and contiguous zone of China"; use law
enforcement vessels to chase Chinese guard vessels... China deliberately
withheld information, distorted facts, deceived people's opinion in the
country. They publicly confirm number of ships in the area of the rig as well
as pictures of vessel collisions at sea. However, China’s aggression can not blind
the world and it has also faced the opposition of a part of Chinese people,
through social networks, conscious Chinese people have maintained their
objective view that China uses its power as a big country to bully small
countries, and they are extremely ashamed of such actions.
China’s unruly invasion
proves that they defied international laws, regardless of public opinion, using
its strength to overwhelm others. With its illegal actions, China has clearly "dumped"
UNCLOS into wastebasket. Code of Conduct in the South China Sea (COC) that the
ASEAN Community is expecting would hardly to succeed, and has no value if it is
concluded because it is only a temporary solution. With China, it is just a
diplomatic tool, an excuse to delay any fundamental, substantial solution to
protect the legitimate interests of all stakeholders in the region.
Chinese
leaders’ inconsistency
At 18th
Congress of the Communist Party of China, the country announced that it would
consistently pursue the cause of peaceful development, peaceful and independent
foreign policy”, “take responsibility as a power” and “China objects to
hegemony and bullying politics in any forms, never invade other countries.”
However, China has been using its power and international standing to blatantly
violate Vietnam’s sovereign rights and jurisdiction, which is bullying and runs
counter to its “peaceful rise” policy, escalates tension in the South China Sea
and raises international concern over Chinese threat.
In response to
international backlash, China keeps using old maneuvers to mislead the public in
ways of “an iron fist in a velvet glove” and “carrying fire in one hand and
water in the other”. “South China Morning Post” Newspaper, on May 18th,
reported that Xi Jinping “prays for peace”, quoted Xi as saying “there is no
invading gene in the Chinese blood”. Previously, at the meeting with Japanese
former Prime Minister Yukio Hatoyama, Tongan Princess Pilolevu Tuita and
Richard Nixon’s grandson Christopher Cox, Xi Jinping reiterated: “Chinese
people don’t accept the thinking that a great power always has hegemony.
History tells us that wars are just like devils and nightmares”. Meanwhile, during
his visit to the U.S, the Chinese People’s Liberation Army’s Chief of Staff
Fang Fenghui, on May 15th, arrogantly stated in the press conference
at the Pentagon that the rig is operating within Chinese territorial waters and
Vietnam is responsible for destablising the region by dispatching ships to
“harass” China’s oil drilling. Fang Fenghui stressed that China would not lose
an inch of its territory and would be determined to defense its territorial
sovereignty. Why does Fang Fenghui only care for China’s territorial
sovereignty without consideration for other countries’? He also blamed U.S.
Pivot to Asia for unrests in the South and East China Seas provoked by some
countries in the region.
Doubtlessly, there are,
beyond the highest-ranking leader’s statement of “peace”, provocative and
aggressive actions, slanders and intimidations of his lower-level
officials.
“Distorted”
media
Chinese media has
constantly used disinformation to mislead Chinese people. In the afternoon, May
8th, Chinese Foreign Ministry and China Offshore Oil Corporation (CNOOC)
held an international press conference on the oil drilling rig. No sooner had the
press conference ended than nearly 100 websites including, among others, Xinhua
News, People’s Daily, Global Times, China Daily, etc., quoted Yi Xianliang,
Deputy Director of the Border and Ocean Affairs, as saying “this is China’s
legitimate activity within Xisha Islands’ territorial waters, 17 nautical miles
from “Sansha City”, 150 nautical miles from Vietnam’s coast. Vietnam took
provocative action in the first place, dispatched armed ships, frogmen and
dangerous obstacles to harass the rig. China had no choice but to retaliate.”
China’s Global Times,
on May 6th, published an editorial named “China needs to be resolved
against Hanoi” with such alleged language as: “Vietnam’s authorities severely
harassed CNOOC’s rig” and “Chinese Government will never compromise with
Vietnam on its provocation. It’s because the rig locates not only within
“nine-dash line” but also near Xisha Islands which are China’s sovereignty”,
ect. In two other editorials named “China needs to smirk at Vietnam objection
to Xisha” and “Vietnam groundlessly protests against China’s exploration in its
Xisha”, this newspaper assumes that when CNOOC’s rig was operating within Xisha
waters, it was harassed severely by Vietnam, warning “if Vietnam becomes an
extreme provocateur in the South China Sea, it is Vietnam that China will
target at in the South China Sea to send a clear message to Vietnam that it
will do more harm than good…”.
Chinese Government’s
biased and distorted information on the South China Sea is extremely dangerous
as it will mislead Chinese people, undermine solidarity and friendship of the
two peoples. It can also strengthen nationalism in the two countries and
ultimately provoke a war. However, there are Chinese people who are conscious
enough to maintain their objective view on China’s unruly and hegemonic action
to bully at smaller country, which shows irresponsibility of a new emerging
power for regional peace and security.
International
support for Vietnam
Vietnam has full legal
ground and historical evidence to prove its sovereignty over Paracel and
Spratly Islands, and its sovereign rights and jurisdiction over its exclusive
economic zone and continental shelf in accordance with the UN Convention on the
Law of the Sea 1982.
People around the globe
have raised their voice in support of Vietnam’s struggle against China’s
dispatch of the rig escorted by a large number of vessels including armed vessels
to Southern Tri Ton Island which runs counter to international norms and laws. Vietnam’s
manner and actions are equitable for international peace and in keeping with
international laws. Internationally, there are tens of protests, with the
participation not only of Vietnamese communities but also of other
international friends, against China’s violation of the waters under Vietnam’s
sovereign rights and jurisdiction. Many petitions, statements and press releases
also object to the rig’s operation within Vietnam’s exclusive economic zone and
continental shelf. International media (U.S., Russia, Germany, Britain, Italy,
Australia, Bungary, Hungary, Uzbekistan, India, Japan, South Korea, Taiwan, the
Philippines, Malaysia, Indonesia, Thailand, etc.) also released hundreds of
articles condemning China’s violation of Vietnam’s exclusive economic zone and
continental shelf, which raises tension in the South China Sea and undermines regional
peace, stability and freedom of navigation.
Source: Chuquyenbiendao
