As of June 1, it had been one month since China had deployed
its illegal mobile oil rig HD-981 deep in the continental shelf and the
exclusive economic (EEZ) of Vietnam.
>> PM: Vietnam won't trade sovereignty for ‘false friendship’
>> PM: Vietnam won't trade sovereignty for ‘false friendship’
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The HD-981 oil rig is located deep in the exclusive economic
zone of Vietnam
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On May 1, the China National Offshore Oil Corporation
(CNOOC) deployed the Haiyang Shiyou 981 oil rig in Vietnam’s continental shelf
and the exclusive economic zone and announced that it would maintain the oil
rig until August 15.
Vietnam stated that according to the UN Convention on the
Law of the Sea 1982 (UNCLOS), the oil rig is located deep in the continental
shelf and the EEZ of 200 nautical miles. Vietnam demanded China immediately
remove its rig out of Vietnam’s waters.
In response, China said it is the normal exploitation of
natural resources in the waters of China and slandered Vietnam as the
aggressive party.
China has continued to increase the number of its vessels, including
naval and warships in Vietnam’s waters, and has attacked Vietnamese vessels
with water cannons.
The position of the HD-981 oil rig is 130 nautical miles
from the coast of Vietnam and 119 nautical miles from Vietnam’s Ly Son Island.
The rig is off the coast of Hainan by 182 nautical miles; 17 nautical miles
from Tri Ton Island of Vietnam’s Hoang Sa Archipelago (Paracel Islands); and
Phu Lam Islands (also part of Hoang Sa) by 103 nautical miles.
According to UNCLOS of which Vietnam and China are members,
each country has the right to have an EEZ of 200 nautical miles and the
continental shelf from the baseline.
From Vietnam’s coast and China’s Hainan Island, the position
is located in the overlapping area in the EEZ of the two sides. However, UNCLOS
clearly defines that, in the overlapping areas, the parties are not allowed to
have unilateral exploration beyond the median line.
The fact shows that islands rarely enjoy the same effect as
land territory. So, based on both fact and the theory, in the correlation
between Vietnam’s coast and the Hainan Island of China, this position lies deep
in the exclusive economic zone and continental shelf of Vietnam or at least in
Vietnam’s waters through the median line.
The issue becomes more complex when it comes to the
correlation between the Vietnam’s coast and the Hoang Sa Archipelago.
Vietnam has established its sovereignty over this
archipelago from the 17th century, but it has been under the management of
China since 1974 after China invaded the archipelago of the Republic of Vietnam
by force.
China announced a baseline for the islands in 1996, and Tri
Ton Island protrudes the most to the south of that baseline.
This statement has been criticized by the world for adopting
a national baseline for a disputed island. However, China has always said that
Xisha (Paracel Islands) belongs to them and there is neither dispute nor
negotiation.
More seriously, in July 2012, China announced the
establishment of Sansha City based on Phu Lam Island to control the entire
waters in its U-shaped line or nine-dotted line that covers 80 percent of the
East Sea.
Vietnam has never accepted Phu Lam Island, Tri Ton Island
and the Paracel Islands belonging to China. Applying Article 121 (3) of the
UNCLOS, islands not suitable for humans to live or have no economic life as Tri
Ton will possess only 12 nautical miles of territorial water, without a
separate exclusive economic zone and continental shelf.
Even for the 200ha Phu Lam Island, if it has a separate
exclusive economic zone and continental shelf, it would be very small. In the
delimitation of the Tonkin Gulf, the island of 2.5 km Bach Long Vy Island only
enjoys one-quarter. In the delimitation of the Gulf of Thailand, the island of
Tho Chu enjoys only one-third.
The judgment by the International Court of Justice and the
International Tribunal for the Law of the Sea has confirmed the trend that
islands have no equal effect in relation to the mainland in delimitation of the
exclusive economic zone and continental shelf.
In the exclusive economic zone and continental shelf, the
coastal states have sovereign rights over natural resources and jurisdiction of
the installation, use, maintenance and repair of equipment on the sea.
Therefore, China’s unilateral implementation of exploration
acts in the waters of Vietnam is considered a provocative violation.
Since 1988, the time of the latest conflict between Vietnam
and China, there have been a few noteworthy points related to this incident.
First, China's actions are aggressive and are against
international law and the latest agreements between it and Vietnam and the
Association of Southeast Asian Nations (ASEAN).
Second, Vietnam’s response has been restrained, and has not
used military measures, but Vietnam’s attitude is the most determined, not only
in the field.
For the first time, the Vietnamese Prime Minister criticized
China's illegal activities in Vietnam’s waters at ASEAN and international
forums.
Prime Minister Nguyen Tan Dung also stated: "We always
want peace and friendship but this must ensure independence, self-reliance,
sovereignty, territorial integrity, and maritime zones. These are sacred and we
will never trade them off for some kind of elusive, dependent peace and
friendship".
Third, the international community has reacted strongly to
China's actions. The criticisms came from Washington, the EU, Northeast Asia
and Southeast Asia.
Fourth, ASEAN has expressed itself as a united block in
front of China’s pressure with a separate statement of the ASEAN Foreign
Ministers on the East Sea after 19 years since the Mischief Reef incident in
1995.
Beijing does not want to internationalize the East Sea
dispute. And contrary to its calculations, ASEAN showed its strength of unity
by adding East Sea tensions in the documents of the ASEAN Summit (Nay Pyi Daw
statement and the Chairman's statement) in May.
Singapore Prime Minister Lee Hsien Loong urged ASEAN to
express common views on the East Sea as the "conflicts have happened right
at our gate."
Indonesian Foreign Minister Marty Natalegawa confirmed that
China must respect its commitment to the Declaration on the Conduct of Parties
in the East Sea (DOC).
According to the foreign minister, Beijing wants to resolve
the East Sea disputes on a bilateral basis and does not want to have the
participation of a third party. However, its illegal deployment of the HD-981
oil rig in Vietnam’s waters is not a bilateral issue but an issue of the
region, so ASEAN has "special responsibility" to ensure that both
parties will enter into a dialogue to resolve the situation.
Five, the demonstrations showing patriotism of the
Vietnamese people broke out not only in Vietnam but over the world. Vietnam has
won the support of its people and the world community.
Soure: VNN
