The time for Vietnam bring China out to the international court aim to claim the Paracels, Spratlys in the East Sea is ripe, in view of a jurist and former Border officials board the Government of Vietnam.
Hanoi has sufficient legal basis and historical sovereignty for the island territory in the East Sea and need only bravery to assert to take Beijing to the international tribunals, according to Assoc. TS. Hoang Ngoc Giao, former Head of Government Border Committee.
Legal action still needs to be carried out early even though China is forecast to have responded to the move is rejected, avoiding litigation at international trial and cause political pressure on Vietnam, Mr. Giao said.
"This time is the time necessary to have it stand out. Necessary to have the political dynamics, stronger legal in international relations with China"
Still according to this official, China is the act of nature 'imperialist expansion and new' wants 'to restore order areas' as recently declared mandatory on vessels wider area 2 / 3 East Sea have permission, after declaring a no-fly zone in the East China Sea and not withdrawn map 'cow tongue' was whether international, regional criticism.
About the time of the legal action to claim the Paracels that this year will mark the 40th round of the event evictions, an expert who's ever examined the legal sovereignty of Vietnam on East Sea of National University Hanoi said Vietnam should bring out profile to claim before international 'as soon as possible.'
Professor Nguyen Dang Dung said Vietnam was 'too slow' when not yet bring records out before the International Court and that this is detrimental to Vietnam, while beneficial to the 'possessor' because according to him "to keep so long buffalo shit become mud '".
'NOW IS THE TIME'
First of all, on 10/01/2014, Assoc. TS. Hoang Ngoc Giao told BBC Vietnam now it's time to 'powerful' more in the legal action to claim the sovereign.
He said: "The current government of Vietnam, with the aspirations of the people, the people of Vietnam nowadays, more powerful, I think this time, it's time to be strong and need to be confirmed over the bravery of the people of Vietnam face at threat of infringement of ancestral territory,
"This time is the time necessary to have it stand up. Necessary to have the political dynamics, stronger legal in international relations with China."
Mr. Giao said that in terms of basis for claims, Vietnam quite could be 'peace of mind'.
He said: "In particular profile of Hoang Sa, Truong Sa, the study of history, as well as legal experts have researched and have the general assessment that the legal basis for sovereignty territory, Vietnam full and complete legal grounds,
"On historically, legally, as well as in terms of actually possessing effective, in terms of international law Vietnam is entirely groundless and Vietnam can be assured."
PGS. TS. VN Hoang Ngoc Giao said Vietnam should follow Philippines for using the Court international law to fight
According to jurists, the ability to cope with China rejects negotiations, refused to cooperate in avoiding litigation and appear before the International Court of Justice, Vietnam should consult the Philippine experience in handling island dispute with China.
He said: "Vietnam may also have legal action similar to the Philippines, to give the Court of International Law of the Sea under the dispute settlement mechanism under the International Law of the Sea Convention 1982."
This Court, according to Mr. Giao, has received the Philippine record of suing a mechanism for "binding mediation" which accepts one of the parties in dispute over the sovereignty, complaints islands were filed and record your complaint, which does not require the complainant must be consensus or not, as a rule, and processing mechanisms of the International Court of Justice that China still rely on it to evade out in court.
'Buffalo shit become mud'
The ability and legal grounds to reclaim sovereignty of Vietnam over the Paracels , 40 years after China seized this island from the hands of the Republic of Vietnam, Prof. Nguyen Dang Dung from National University said:
"Vietnam dared to take it or not, that is problem. Regarding time, I think take it as soon as better , to keep it as slow as their evictions more and more effective. I thought take it now is slow. Vietnam having sentence as 'keep so long buffalo shit become mud'"
"The forensic evidence about the sovereignty of Vietnam over the Paracels is more sure than other places, because the research evidence according to Vietnam I have acquired territorial sovereignty over the Paracel Islands earlier than all other countries including China, including more historical evidence of actual acquisition of territory. "
Professionals involved in the research each topic on Vietnam's sovereignty over the East Sea from 20 years ago that Vietnam was 'a bit late' if it now starts the records to claim sovereign submitted to the international court .
He said: "My view is taken as soon as possible, to occupy the territory as long as possible for people who would seize, in my opinion, evidence of Vietnam's Paracels is sure,
"Vietnam dared to take it or not, that is a problem. Regarding time, I think take it as soon as better, Vietnam to delay more as more, their evictions is more and more effective. Launched it now I think it is also slow. Vietnam having sentence 'keep so long, buffalo shit become mud'.
In an earlier exchange with the BBC about the functions of the Prime Minister Pham Van Dong in associated 14.9.1958 a statement about China's territorial waters, Monique Chemillier Professor Gendreau from France said that Vietnam has sufficient any legal, historical sovereignty over Hoang Sa, Truong Sa.
Prof. Nguyen Dang Dung said that VN has still be too late when not bring the Paracel case to international court
According to experts on international law, Vietnam needs to have the appropriate steps, take advantage of the support of the international community and take action without delay because "China has many years of preparation urgently about international opinion, while constantly enlist, lobbying in many international forums and the region. "
On Friday, Assoc. Dr. Hoang Ngoc Giao told the BBC about the move, China's tactics in the regional waters, including the East Sea and make recommendations to Vietnam.
He said: "China's behavior in recent years as they are taking power of a big country and they are want to change the order of international relations in the region, so not only for Vietnam, which for Japan and other countries in the region,
"They also moves fence, break the rules, guidelines have been established relations in the last century to the present, they do not even respect the Law of the Sea Convention 1982, although they had signed, commitments, but they were took out of cow tongue 'does not have a basis in accordance with international law, international order, international legal order today. "
'NOT A lone'
"In 2013, we face a struggle to protect the exclusive economic zone, while fighting against measures to prevent our fishermen on the waters of Vietnam..."
VN Deputy Prime Minister and Foreign Minister Pham Binh Minh
According to jurists, China has made 'step' which he has shown 'imperialist ambitions and hegemonic', 'want to restore order in the region' declaring 'flight information region or control Flight control 'in the East China Sea and recent regulation that foreign fishing vessels go into an area more than 2/3 of the East Sea also have' application for the fishing. "
"Dealing with this problem I think Vietnam is not alone, Vietnam has Asian countries, Vietnam has international law, Vietnam ties have been growing for Japan, the United States, Vietnam needs to further strengthen international relations and multilateralism must be a field, it is important to have the field.
VN Foreign Minister Pham Binh Minh said VN fight anti 'prevent' the inhabitants on its waters
"Although political relations between Vietnam with Beijing now is how , but the land of ancestors, ancestral territory, should be kept as our father had done."
Last Friday, 01.03.2013 Monday, in an interview with Voice of Vietnam, looking back foreign affairs in 2013 and commentators 'focus on foreign affairs' of Vietnam in the new year, Deputy Prime Minister and Minister of Foreign Affairs of Vietnam Binh Minh Pham he mentions issues sovereignty over the Paracel Islands and elsewhere in the East Sea.
He said: "Regarding the East Sea issue, in 2013, we continue to maintain a stable environment in the East Sea. During 2013, we face a struggle to protect the exclusive economic zone, and play against measures to prevent our fishermen on the waters of Vietnam ...
"Currently, the general trend in ASEAN wants to build a Code of Conduct in the East Sea (COC) with China. Role of Vietnam in COC very important. 2012, when the ASEAN coordinator - China, Vietnam and other countries are building the basic elements of the COC. Based on the elements that ASEAN and China will continue to discuss this Code, "Foreign Minister Pham Binh Minh was quoted as saying.
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