Historical evidence Hoang Sa and Truong Sa belong to Vietnam
During the period from the early sixteenth century to the nineteenth century, the Dutch, English, French and gradually developed into powers, rights intact, refusing to abide by orders of Pope Alexander VI, signed on 4 May 1493 determined the principle of division of the newly discovered territories outside Europe. From this fact, the country has found a new principle of establishing sovereignty over the territories in which they discovered. That is the theory of "priority right to possess" a territory of the country have discovered the first territory. That is the theory of "right to discovery."
In fact, the discovery of such never itself brought national sovereignty to detect because it is difficult to determine exactly what was detected, confirming the findings and determine the validity the discovery of a territory. So the discovery was soon supplemented by the possession on behalf of, that is, discovered a national territory must leave traces on the territories that they discovered.
After the Berlin conference on Africa in 1885 by 13 European countries and the United States and later sessions of the French Institute for International Law at Lausanne (Switzerland) in 1888, possession principles really become the dominant perspective on world. Article 3, Article 34 and 35 of The Berlin agreement signed June 26, 1885 determines the content of the true principles of possession and the conditions essential to have the actual possession of the following:
- "There shall be notified of the possession for signature on the agreement."
- "Shall be maintained in the territories that he possessed the existence of a power enough to cause the water rights that he has won, to be respected ..."
Declaration of the French Institute for International Law of Lausanne in 1888 emphasized the "all want to make possession a proprietary name ... it must be true that is, in fact, is not nominal."
The main statement of the French Institute of International Law Lausanne made the possession of the real principles of the Convention Berlin valuable common in international law, not just valuable to the signing of the Convention.
The main content of the principle of possession really is:
1.Viec sovereignty established by the state to proceed. Private not have the authority to establish territorial sovereignty because no private international legal status, because international relations are relations between nations.
2. The possession must be conducted peacefully in a region is truly unowned (res nullius) or is already owned national initiative to give (derelicto). Use of force to occupy a territory has a host of illegal actions.
3. Countries possess in fact have to perform the act of sovereignty in the minimum consistent with natural conditions and population on the territory.
4. The realization of the right to be continuously on the territory.
September 10, 1919, the Convention of Saint Germain was the major powers at the time the registration statement cancel Convention Berlin in 1885 with the reason the world is no more unclaimed territory and possession of such principles really no longer legally valid. But the rationale of this principle, the jurists of the world when it is applied to resolve the sovereignty dispute over the islands. As the decision of the permanent court of international arbitration Hague in April 1928 on the island of Palmas dispute between the U.S. and the Netherlands, the ruling of the International Court of the United Nations in November 1953 on the dispute Minquiers Ecrehous island and between Britain and France.
Changes in international law the first half of the twentieth century has changed the method of acquiring sovereignty over the world. After the 2nd World War, the United Nations was founded following the League of Nations. From the war of aggression, the UN Charter included the principle (Article 2, paragraph 14) as a valid legal principles applicable to all countries.
Principle prohibits the use of force has been developed and strengthened in Resolution 26-25 in 1970: "The territory of a country can not be the subject of a military occupation by the use of force contrary to "the provisions of the Charter." Territory of a country can not be the subject of a possession of another country after taking the threat or use of force. Any acquisition of any territory gained by threatening or using force will not be admitted as legitimate. "
Resolution also specified: "States have an obligation not to use or threaten to use force to violate the existing international boundaries of another country or as measures to resolve international disputes, including territorial disputes and problems concerning frontiers of States. "
In 1982, the Convention on the Law of the Sea United Nations called the "United Nations Convention on Law of Sea", abbreviated to UNCLOS Convention announced on 10-2-1982 at Montego Bay in Jamaica has been up for 159 countries. After when all 60 countries approving (ratification), dated 16-11-1994 from the LOS Convention or UNCLOS treaty becomes international law to national ratification and is carried out, execute, defined maritime sovereignty of each country ...
Like the foreigners before being infringed upon the sovereignty of Vietnam in Hoang Sa and Truong Sa immediate early twentieth century back to the seventeenth century, according to international legal Western-style now, the establishment of the Rights in Vietnam in a truly continuous, peace is a legal basis for contemporary international. Until Vietnam's sovereignty is infringed upon, time / conversation in 1909, international legal values ​​are common statement of the French Institute for International Law of Lausanne in 1888.
Then the United Nations Charter and the Law of the Sea 1982 is an international legal foundation whose members include the signing countries to violate the sovereignty of Vietnam in the Paracel and Spratly Islands, China, Philippines , Malaysia and Brunei must be respected.
International legality of the establishment of the sovereignty of Vietnam in the Paracel Islands
In the early seventeenth century to the early twentieth century, in 1909, Vietnam had really possessed, and enforcing peace in accordance with the principle of continuous international legal at the time, with the following evidence:
One way is with the state, Paracel team, a paramilitary organization was tasked, alone control and exploit periodic, continuous and peaceful quarter with seafood produce including gun tubes of the sinking ship at the University Paracels throughout Vietnam, during the Nguyen Lords and the Tay Son, that from the early seventeenth century to 1801 and then early Nguyen dynasty from 1802 - before 1815. Since 1816, the team must coordinate with the Paracel navy. Every year, teams Paracel activities for 6 months from March to August lunar month (April to September of the calendar) to match the weather conditions in the waters of the Hoang Sa archipelago.
Secondly during the Nguyen dynasty, beginning in 1816, the Navy assigned to continuous control and protection of Hoang Sa and Truong Sa.
Thirdly in terms of jurisdiction over the four consecutive centuries from the seventeenth century to 1974 (when China forcibly taking over), Hoang Sa is the government in Vietnam to demonstrate the power of the minimum I placed under the jurisdiction of the Quang Ngai (when a government or a provincial town or in different periods of history) or of Thua Thien (French time) or in Quang Nam - Da Nang (time division North and South) and then to Danang (time unification).
The determination of this jurisdiction or listed in the geography of the state budget compilation as the Vietnamese Royal Geographic Dai Nam Nhat Thong Chi or Chi under the Nguyen dynasty, or by the emperor or imperial (Ministry of Industry) as King Minh Mang's claim, or by example, edicts, decisions of the authorities in Vietnam as the example of Bao Dai, Imperial Hue governorship in the French colonial period, or the president, ministers in flag of Vietnam was divided, or decisions and resolutions of the state, the independent congressional unity. This is different from China, only to determine the jurisdiction in 1909 after the News in 1921 and then in 1947 ... which means after Vietnam for over three centuries. But all is not interpretation tangible evidence.
Government in Vietnam over the historical period, even under the French, never give up the sovereignty of Vietnam in the Paracel islands, so even when the illegal Chinese occupation after World War No. 2 or 1974, the Paracel Islands are still the province of Quang Nam, and from 1997 to now the manager of Da Nang city.
Four is the first time been violated, does anyone under age, the state in Vietnam and the action continued to assert and enforce sovereignty as found in marine surveying process, to map the Yellow Team Sa Nguyen lords or by the end of time from the navy in 1816 under the Nguyen dynasty (the Great Southern Food Lu Tien Bien, The Great Southern Food Continental Dai Nam Hoi Dien Bien or The Rules of the Cabinet, or Chau Nguyen Dynasty has written very clearly stated , has been presented in the document). Later, from the early twentieth century until 1974, Vietnam also continued to organize delegations tracking, measuring and mapping.
In the first period being violated, under the Nguyen dynasty, especially since in 1836 became the rule, every year has always held the right to build beer each island. During compromised too, the authorities in Vietnam are continuing to develop alternative beer beer sovereignty damaged.
Friday is the first time been violated, the dynasty of Vietnam, especially the reign of King Minh Mang's dynasty has to do with the shrine building stone (coral reef), dig wells, but in 1909 the first survey team China's Hoang Sa and claims to have seen do not know from what. Particularly in Phu Lam, Chinese documents [specify credited Paracel Tu Temple of Vietnam. After obtaining an infringement, the authorities in Vietnam also continued to build temples and cathedrals.
Seven is the first time compromised, especially under the Nguyen Dynasty reign of King Minh Mang was for planting trees in the islands to the distant boats found, avoid accidents, and the researchers also plants such as La Fontaine recognize plant trees in Paracel most originating in Central Vietnam.
Eight is the first time been violated, as the reign of Gia Long's Western Gutzlaff documents written in The Journal of the Geographical Society of London, vol 19, 1849, p. 97, has said Vietnam has established a small military camp and a tax collection point. To time been compromised since 1909, the Vietnam government authorities is the earliest organized military barracks stationed in the Paracel Islands (Patlle). While China's military occupation only for a short time after World War 2 was then withdrawn (in 1956, China took back the island of Phu Lam (Ile Boisee). In 1974, China accounted for using force left allow the rest of the island battle on the island and at sea with the Republic of Vietnam Navy, ending on 20 -1-1974).
Nine is the government in Vietnam has built the first weather station in Hoang Sa (Pattle) in 1938 to work for a long time until the Chinese occupation by force in 1974.
Ten is the first time in 1909 compromised away, the emperor of Vietnam as Minh Mang King and the court, namely the Ministry of Industry has voiced claims where coverage is weak Paracel Islands in the waters of Vietnam, located in the border of Quang Ngai.
Eleven are being violated before, not an island any more official documents of state, from the official history of the National Geographic Historical House as Dai Nam Trieu Nguyen Tien Bien Food Continental, Continental Dai Nam To The Border , or geography, such as Vietnamese Hoang Du Dia Chi, Dai Nam Nhat Thong Chi, or Book Festival, a recording of the classic legal chapter of the court as legal Kham Dinh Dai Nam Hoi Dien The Rules. Also does not have an island in Vietnam was the great historian of Vietnam refer to as Le Quy Don in Phu Bien Tap Luc (1776), Phan Huy Chu (1821) in North Charter Calendar Type CHI , Du Dia Chi, or Nguyen Thong in Vietnam Using General Manager A Brief Survey. Special confirming the sovereignty of Vietnam over the Paracel islands even by the policies of Chinese Overseas writes memoir of Thich Dai San wrote in 1696. That is not including many Western authors such as Le Poivre (1749), J Chaigneau (1816-1819), Taberd (1833), Gutzlaff (1849) ... has also clearly stated Hoang Sa belong to Vietnam!
Twelve is a map of An Nam Dai Quoc Hoa Do Taberd in his bishop's Dictionary Vietnamese - Latin, Latino title - Anamiticum published in 1838 stated: Paracel Crane Golden Cat in the East Sea. While the map "Annam" This is just drawing Paracel Crane Golden Cat, is not drawing in Hainan China Sea. Clear map An Nam Dai Quoc Hoa Vang demonstrates Cat News Paracel Paracel is located in the waters of Vietnam.
How to control the function of exploitation of animal production in the South China Sea and the specific action directly exploit the material's production team Paracel, a continuous civil war for nearly two centuries since the first century XVII in 1816 to act together to establish and enforce the rights as outlined very specific milestones, up beer, build temples, planting, surveying marine mapping projects of Vietnam from Navy in 1816 under direct leadership of the king and the court as well as the King's proclamation, the Nguyen court jurisdiction and administration in Quang Ngai early seventeenth century to the early twentieth century is the evidence, any possible War on the sovereignty of Vietnam in the Paracel Islands. All the struggle for the sovereignty of Vietnam is acting contrary to international law.
Nha Nguyen (PhD history)
