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Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

06/06/2011

Learning about the legal status of islands in the delimitation of sea areas helps identify which legal status for the two Paracel and Spratly islands related  to spatial planning in the South China Sea. This document, based on the analysis of the United Nations Convention Law of the Sea 1982 linking with two islands: Paracel and Spratly, comes to confirm: “Paracel and Spratly” islands are not "archipelagos" or "archipelagic States" so people can not establish the baselines for these islands. According to that, there can only be internal waters and territorial waters for these islands. After conducting the study, three legal requirements have been raised: 1) Affirming the islands in two areas Paracel and Spratly belongs to Vietnam, 2) Reaffirming the fact that Paracel and Spratly Islands have no exclusive economic zone and continental shelf of their own; 3) Not Allowing to draw "archipelagic baselines" for each island and give the Chinese side a pretext to strengthen "U-shaped line” claim. This paper is an important contribution on the legal path toward Vietnam's sovereignty claims over the East Sea.  

Related Articles

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

New actors and thoughts in Chinese foreign policy and its implications to Vietnam in South China Sea,...

20/06/2011

The purpose of this paper by Nguyen Minh Ngoc is to analyze the actors and new thoughts in Chinese foreign policy and implications of China’s policies for South China Sea. The author would like to offer readers with the policy-making process of new foreign policy of China, which helps Vietnamese more...

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

Some thoughts about the COC in South China Sea

17/06/2011

Since 1990s, the South China Sea dispute and its potentially explosive conflict have threatened the security, stability and development of the Southeast Asian region. Meanwhile, The Declaration on the Conduct of Parties in the South China Sea (DOC) signed by ASEAN and China in 2002 seems to be ineffective...

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

Legal bases and reality approaches of legal documents on South China Sea disputes by Nguyen Duc Hung

06/06/2011

In the process of seeking measures to the disputes in the South China Sea, UNCLOS 1982 and the related international legal documents are the creditable legal basis despite their drawbacks. Therefore, the reality approaches are crucial. First, the following article analyzes the pros and cons of taking...

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

Sovereignty dispute over the Spratly Islands of the Phillipines, by Vo Xuan Vinh

06/06/2011

Sovereignty dispute over the Spratly Islands of the Phillipines, by Vo Xuan Vinh Sovereignty disputes in the South China Sea in general and in the Spratly Islands in particular have become a hot security issue not only in Southeast Asia but also in Asia-Pacific region. The Philippines is one of...

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

How China uses international law in South China Sea disputes, by Nguyen Thi Lan Anh

06/06/2011

How China uses international law in South China Sea disputes by Nguyen Thi Lan Anh In the process of materializing its hegemonic ambitions in the South China Sea, China has always shown concerns and wishes to use international law as the basis for their claims in the Paracel Islands and Spratly Islands...

Legal status of islands in the delimitation of sea ares by A/Prof. Nguyen Ba Dien

Abstract: Historical and scientific evidences rejecting China’s claim

02/06/2011

Historical and scientific evidences rejecting China’s claim and proving Vietnam’s sovereignty over the Paracel and Spratly Islands, by Han Nguyen Nguyen Nha, History Ph.D The South China Sea disputes have lasted for 40 years. But in the recent months, those disputes have been escalated suddenly...

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