Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

The South China Sea Award: Legal Implications for Vietnam

The South China Sea Award: Legal Implications for Vietnam The South China Sea Award: Legal Implications for Vietnam The Arbitral Tribunal award on the South China Sea, issued on the 12 July 2016, was a legal game changer.1 As a major claimant in the South China Sea, the award has significant implications for Vietnam. This article addresses both the opportunities and challenges for Vietnam, as well as the short term and long term impacts of the Tribunal’s award. Vietnam as Major Party in the South China Sea Dispute Vietnam claims sovereignty over the Paracel and Spratly archipelagos on the basis of effectivités of the international law on territorial acquisition. In a note verbale to the United Nations dated 22 February 2016, Vietnam stated that it “has ample legal basis and historical evidence to affirm its indisputable sovereignty over Hoang Sa [Paracel] Archipelago and Truong Sa [Spratly] Archipelago. Successive Vietnamese governments have peacefully and continuously exercised and defended Viet Nam’s sovereignty over the two archipelagos since at least the seventeenth century.”2 As a South China Sea coastal state, Vietnam acknowledged the importance of the sea and proclaimed its maritime zones in a declaration in 1977, even before the 1982 United Nations Convention on the Law of the Sea http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Contemporary Southeast Asia: A Journal of International and Strategic Affairs Institute of Southeast Asian Studies

The South China Sea Award: Legal Implications for Vietnam


The South China Sea Award: Legal Implications for Vietnam The Arbitral Tribunal award on the South China Sea, issued on the 12 July 2016, was a legal game changer.1 As a major claimant in the South China Sea, the award has significant implications for Vietnam. This article addresses both the opportunities and challenges for Vietnam, as well as the short term and long term impacts of the Tribunal’s award. Vietnam as Major Party in the South China Sea Dispute Vietnam claims sovereignty over the Paracel and Spratly archipelagos on the basis of effectivités of the international law on territorial acquisition. In a note verbale to the United Nations dated 22 February 2016, Vietnam stated that it “has ample legal basis and historical evidence to affirm its indisputable sovereignty over Hoang Sa [Paracel] Archipelago and Truong Sa [Spratly] Archipelago. Successive Vietnamese governments have peacefully and continuously exercised and defended Viet Nam’s sovereignty over the two archipelagos since at least the seventeenth century.”2 As a South China Sea coastal state, Vietnam acknowledged the importance of the sea and proclaimed its maritime zones in a declaration in 1977, even before the 1982 United Nations Convention on the Law of the Sea (UNCLOS) came into effect. Vietnam declared sovereignty, sovereign rights and jurisdiction within five is Deputy Director General of the Institute for East Sea Studies at the Diplomatic Academy of Vietnam, Ministry of Foreign Affairs, Hanoi. Postal address: 69 Chua Lang, Dong Da, Hanoi, Vietnam; email: lananhdav@mofa.gov.vn. 01 Roundtable-3P.indd 369 maritime zones: internal waters; territorial seas; contiguous zones; an exclusive economic zone (EEZ); and a continental shelf. This claim was reiterated in the 2012 Law No. 18/2012/QH13 on the Sea of Vietnam. Earlier, in 2009, Vietnam had delineated its 200 nautical mile (nm) EEZ and...
Loading next page...
 
/lp/institute-of-southeast-asian-studies/the-south-china-sea-award-legal-implications-for-vietnam-B8f6riOF23
Publisher
Institute of Southeast Asian Studies
Copyright
Copyright © The Institute of Southeast Asian Studies.
ISSN
1793-284X
Publisher site
See Article on Publisher Site

Abstract

The South China Sea Award: Legal Implications for Vietnam The Arbitral Tribunal award on the South China Sea, issued on the 12 July 2016, was a legal game changer.1 As a major claimant in the South China Sea, the award has significant implications for Vietnam. This article addresses both the opportunities and challenges for Vietnam, as well as the short term and long term impacts of the Tribunal’s award. Vietnam as Major Party in the South China Sea Dispute Vietnam claims sovereignty over the Paracel and Spratly archipelagos on the basis of effectivités of the international law on territorial acquisition. In a note verbale to the United Nations dated 22 February 2016, Vietnam stated that it “has ample legal basis and historical evidence to affirm its indisputable sovereignty over Hoang Sa [Paracel] Archipelago and Truong Sa [Spratly] Archipelago. Successive Vietnamese governments have peacefully and continuously exercised and defended Viet Nam’s sovereignty over the two archipelagos since at least the seventeenth century.”2 As a South China Sea coastal state, Vietnam acknowledged the importance of the sea and proclaimed its maritime zones in a declaration in 1977, even before the 1982 United Nations Convention on the Law of the Sea

Journal

Contemporary Southeast Asia: A Journal of International and Strategic AffairsInstitute of Southeast Asian Studies

Published: Feb 4, 2016

There are no references for this article.