The deployment of the giant oil rig CNOOC981 well inside Vietnam’s Exclusive Economic Zone and continental shelf represents another provocative and escalating act of China in the East Vietnam Sea, internationally referred to as the South China Sea.
This move violates Vietnam’s legitimate sovereign rights and jurisdiction authorised by the UN Convention on the Law of the Sea, defies the Declaration on the Conduct of Parties in the South China Sea signed between China and ASEAN in 2002, impedes freedom of navigation and destabilises peace and security.
According to the UNCLOS, to which both China and Vietnam are signatories, the coastal state is entitled to the EEZ no more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
In this EEZ, the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed and of the seabed and its subsoil.
Thereby, China’s installation of the oil rig between 120 nautical miles and 150 nautical miles from Vietnam’s baseline is no doubt a gross violation of Vietnam’s rights and challenges the merit of the existing international law regime.
The Chinese account is that the installation area is in the “contiguous zone” of the Paracels controlled by China, just 17 nautical miles from Triton Island. However, China failed to mention three important facts.
First, Vietnam has sufficient reliable historical evidence and a solid legal basis to ascertain its peaceful acquisition of, and continuous, effective administration over, the Paracels by different Vietnamese authorities at least since the 17th century.
Second, the Paracels were taken over by force and occupied by China in 1974. Vietnam has never acquiesced to China’s unlawful occupation and has repeatedly asserted its sovereignty to the Paracels.
Third, a “historic right” claim does not conform to the provisions of UNCLOS. As professor Carlyle A. Thayer pointed out, China’s reference to “contiguous zone” in the context of the oil rig is irrelevant. Therefore, the Chinese justification for the CNOOC981 incident is factually and legally untrustworthy.
Under the pretext of protecting this drilling structure, Beijing deployed more than 120 big vessels, including half a dozen anti-submarine ships, guided-missile frigates, fast-attack missile ships and minesweepers, and fighter jets to the area. Chinese vessels have rammed and fired high-pressure water cannon at Vietnamese ships. The world was stunned by footage of a Chinese vessel intentionally sinking a much smaller Vietnamese fishing boat, leaving a dozen fishermen floating at sea. Such lethal actions are unacceptable practices that run against the norms of modern international relations.
Also, China arbitrarily bans all other ships from entering the areas about three nautical miles from the rig. Chinese vessels even intercepted Vietnamese vessels up to 17 nautical miles from the rig. This is another breach of international law, given that UNCLOS allows for a safety zone of no more than 500m around any installed structures. Such actions impede freedom of navigation and threaten the safety of the commercial and fishing ships traversing the South China Sea.
Vietnam is committed to resolving all disputes peacefully. This has been clearly restated by the Vietnamese Prime Minister, Nguyen Tan Dung, and his Foreign Minister. No Vietnamese warships have been sent to the area. Vietnam’s law enforcement ships are directed to avoid dangerous manoeuvring. Vietnam has attempted more than 30 direct contacts with China, but it has not responded properly.
As China turns a deaf ear to its friendly intention, Vietnam has had to take other peaceful steps, such as raising the issue at ASEAN and UN forums. Vietnam is ready with all peaceful measures to protect its legitimate interests while ensuring regional peace and stability.
China’s ambassador to Australia, Ma Zhaoxu, is right to say, “China and Vietnam are neighbours. A sound bilateral relationship is in the interest of both peoples.” It is always Vietnam’s desire to work with China for peaceful and fair settlements on the basis of international law. We welcome ambassador Ma’s commitment “to work together”.
According to the UNCLOS, to which both China and Vietnam are signatories, the coastal state is entitled to the EEZ no more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
In this EEZ, the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources of the waters superjacent to the seabed and of the seabed and its subsoil.
Thereby, China’s installation of the oil rig between 120 nautical miles and 150 nautical miles from Vietnam’s baseline is no doubt a gross violation of Vietnam’s rights and challenges the merit of the existing international law regime.
The Chinese account is that the installation area is in the “contiguous zone” of the Paracels controlled by China, just 17 nautical miles from Triton Island. However, China failed to mention three important facts.
First, Vietnam has sufficient reliable historical evidence and a solid legal basis to ascertain its peaceful acquisition of, and continuous, effective administration over, the Paracels by different Vietnamese authorities at least since the 17th century.
Second, the Paracels were taken over by force and occupied by China in 1974. Vietnam has never acquiesced to China’s unlawful occupation and has repeatedly asserted its sovereignty to the Paracels.
Third, a “historic right” claim does not conform to the provisions of UNCLOS. As professor Carlyle A. Thayer pointed out, China’s reference to “contiguous zone” in the context of the oil rig is irrelevant. Therefore, the Chinese justification for the CNOOC981 incident is factually and legally untrustworthy.
Under the pretext of protecting this drilling structure, Beijing deployed more than 120 big vessels, including half a dozen anti-submarine ships, guided-missile frigates, fast-attack missile ships and minesweepers, and fighter jets to the area. Chinese vessels have rammed and fired high-pressure water cannon at Vietnamese ships. The world was stunned by footage of a Chinese vessel intentionally sinking a much smaller Vietnamese fishing boat, leaving a dozen fishermen floating at sea. Such lethal actions are unacceptable practices that run against the norms of modern international relations.
Also, China arbitrarily bans all other ships from entering the areas about three nautical miles from the rig. Chinese vessels even intercepted Vietnamese vessels up to 17 nautical miles from the rig. This is another breach of international law, given that UNCLOS allows for a safety zone of no more than 500m around any installed structures. Such actions impede freedom of navigation and threaten the safety of the commercial and fishing ships traversing the South China Sea.
Vietnam is committed to resolving all disputes peacefully. This has been clearly restated by the Vietnamese Prime Minister, Nguyen Tan Dung, and his Foreign Minister. No Vietnamese warships have been sent to the area. Vietnam’s law enforcement ships are directed to avoid dangerous manoeuvring. Vietnam has attempted more than 30 direct contacts with China, but it has not responded properly.
As China turns a deaf ear to its friendly intention, Vietnam has had to take other peaceful steps, such as raising the issue at ASEAN and UN forums. Vietnam is ready with all peaceful measures to protect its legitimate interests while ensuring regional peace and stability.
China’s ambassador to Australia, Ma Zhaoxu, is right to say, “China and Vietnam are neighbours. A sound bilateral relationship is in the interest of both peoples.” It is always Vietnam’s desire to work with China for peaceful and fair settlements on the basis of international law. We welcome ambassador Ma’s commitment “to work together”.
