Vietnam can sue China for detaining fishermen: expert

[itaskol]

sue china is the best way that vietnam can do.
what else can they do? lot of their politicans are on china side.

 

[itaskol]

the relation between china - vietnam is in fact something like india- Sri lanka.

 

[EastSea]

If you don't want to be arrested, don't fish outside your EEZ - that makes you a criminal. So simple.

Hoangsa is Island of Vietnam from long time in the past, China is just ocoupied it 1974 by force, area is traditional fishing area of Vietnamese fishermen and in side of EZZ of Vietnam, China do this criminal action against Vietnam. Sea pirates, stop lying !

 

[Gnimgnay]

Just because some of high rank officers still China lovers and they are believed that China a$ smells like perfumes to them.

Glad to see some vietnamnese have some sense. And that's probably why they rank high.
You know. You have to have brains to become leaders. I suggest brainless barking around vietnamnese obey the smarter officers.

sue china is the best way that vietnam can do.
what else can they do? lot of their politicans are on china side.

Isn't Vietnam a socialism country. How can those politicians loose the leash of those mad dogs?

 

[EastSea]

sue china is the best way that vietnam can do.
what else can they do? lot of their politicans are on china side.

is lying belong to chinese habit ?

 

[Black Widow]

as you said: invasion and pirates is wise, right?

I like your Avatar..

 

[Gnimgnay]

is lying belong to chinese habit ?

Laugh, I don't know about Vietnam politicians. But I know a bunch of Vietnam girls like China, and prefer Chinese men. And I have heard with less than 20000 yuan, you can have a beautiful Vietnam virgin as your wife. LoL.

 

[Battle of Bach Dang River]

No problem, my Viets brothers. Our PM Dung said: Vietnam will stake claim to East Sea islands peacefully.

Vietnam latest news - Thanh Nien Daily | PM affirms Vietnam's sovereignty over Paracel

Vietnam latest news - Thanh Nien Daily | PM Dung: Vietnam will stake claim to East Sea islands peacefully

Right now, we are holding 2 chinese ships violated the waters near Nha Trang port.....

 

[Ryan]

Yawn.........
What are stopping you? Why don't you go sue China other than whining here?

Your Vietnamese people are in Chinese jail, and I believe you know how we Chinese hate your Viets guts. Your cheap government cannot pay the fine and let your compatriot fellows endure the ordeal in China? oh I forgot, Vietnamese life is worthless to your Viet government.

Vietnamese fishing boats operating in the sea off Hoang Sa (Paracel) Island
Photo: Tuoi Tre


China’s detention of 21 Vietnamese fishermen is not based on any international laws, and Vietnam can refer such an illegal capture to an international tribunal for settlement, a law expert has said.

In regard to the fact that Chinese authorities captured 21 fishermen and their two boats, all from central Quang Nam Province, when they were fishing off of Vietnam’s Hoang Sa (Paracel) Islands on March 3, 2012, Dr Le Minh Phieu, who obtained a PhD Degree in Law at Montesquieu University, France, provided his opinion on the issue to Tuoi Tre.

Under Article 292 – “Prompt release of vessels and crews” – of the United Nations Convention on the Law of the Sea (UNCLOS), the State whose flag is born by the detained vessel can sue another State that has detained said vessel at the International Tribunal for the Law of the Sea (ITLOS), provided that both States are UNCLOS members, Phieu said.

After considering the case, ITLOS can request the detaining State to release the detained vessel and its crew, Phieu said, adding that since its establishment in 1996, ITLOS has handled at least nine lawsuits in which the plaintiff asked for the release of vessels and crews.

Therefore, along with their efforts to resolve the problem via diplomatic channels, competent Vietnamese agencies can consider taking legal action against China to ITLOS, Phieu said.

Throughout its course of history, Vietnam has established its sovereignty over the Hoang Sa Islands, although China has occupied the archipelago by force since 1974, when the islands were under control of the Government of the Republic of Vietnam.

Pursuant to a resolution of the UN General Assembly from October 24, 1970, the fact that China occupied Hoang Sa by force fails to give China sovereignty over the archipelago.
Thus, in terms of a judicial aspect, Vietnam has full sovereignty over Hoang Sa.

At Hoang Sa, under Article 56 of UNCLOS, “Rights, jurisdiction and duties of the coastal State in the exclusive economic zone,” Vietnam has “sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.”

Therefore, fishing operations by Vietnamese fishermen in the seas off Hoang Sa are completely appropriate to UNCLOS, and the fact that China has detained 21 Vietnamese fishermen and their two boats is against international law, Phieu said.

Fishing boats at Quang Ngai Province's Ly Son Island, the hometown of the 21 fishermen detained by China (Photo: Tuoi Tre)

“Moreover, the detention of the fishermen by China is also against the Code of Conducts in the East Sea (COC) between ASEAN and China.”

On the other hand, even if China has claimed that the archipelago, along with the sea around it, is in dispute, the detention is also against Article 73 of UNCLOS, which regulates that “coastal State penalties for violations of fisheries laws and regulations in the exclusive economic zone may not include imprisonment, in the absence of agreements to the contrary by the States concerned, or any other form of corporal punishment.”

Under this regulation, even if Vietnamese fishermen had encroached upon China’s sea territory, China would not have been entitled to detain them or impose any other form of corporal punishment on them. Therefore, China was no more entitled to seize Vietnamese fishermen when they were operating in a sea area that belongs to Vietnam’s sovereignty on March 3, Phieu said.

Do not pay any guarantee amount

As earlier reported, the Chinese side has demanded that each of the detained boats pay 70,000 yuan (US$11,000) in order to be released.

Regarding this issue, Phieu said that the arrest is illegal since it was carried out in the sea area that belongs to Vietnam’s sovereignty, so if the Vietnamese side pays any payment of guarantee in exchange for release, China may cite Estoppel to conclude that Vietnam, through such payment, has recognized Chinese sovereignty over the archipelago.

Briefly, Estoppel is a principle under which a country is not allowed to release any speech or take any actions that are contrary to its previous speeches or actions, Phieu explained.

On March 21, Vietnam's Foreign Affairs Ministry spokesman Luong Thanh Nghi said in a statement that Vietnam demanded that China immediately and unconditionally set free the 21 Vietnamese fishermen and two fishing vessels that China seized on March 3.

“The seizure of Vietnamese fishermen working in the waters around the archipelago has seriously violated Vietnam’s sovereignty, sovereign rights and jurisdiction rights,” Nghi said.



Vietnam can sue China for detaining fishermen: expert - Society - TuoiTreNews

China must stop acting like pirates somali

 

[Battle of Bach Dang River]

Laugh, I don't know about Vietnam politicians. But I know a bunch of Vietnam girls like China, and prefer Chinese men. And I have heard with less than 20000 yuan, you can have a beautiful Vietnam virgin as your wife. LoL.

You totally confused. With any Viêt girls, married with chinese man is only the last option, it is usually way out for the too ugly girls, but they want only a husband. I live in Vietnam, I am sure with you 100%.

 

[rcrmj]

You totally confused. With any Viêt girls, married with chinese man is only the last option, it is usually way out for the too ugly girls, but they want only a husband. I live in Vietnam, I am sure with you 100%.

correct the first option for vn girls is to marry white masters, and then Japanese and then China, and lastly when they got no chance, then to vn men```I was told by vn agent too

 

[EastSea]

Laugh, I don't know about Vietnam politicians. But I know a bunch of Vietnam girls like China, and prefer Chinese men. And I have heard with less than 20000 yuan, you can have a beautiful Vietnam virgin as your wife. LoL.

Glad to see some vietnamnese have some sense. And that's probably why they rank high.
You know. You have to have brains to become leaders. I suggest brainless barking around vietnamnese obey the smarter officers.


Isn't Vietnam a socialism country. How can those politicians loose the leash of those mad dogs?

China is socialism country, those politicians there are those mad dogs.

And chinese should proud for Deng Xiaoping grand doughter.

Spy and Sex Scandal Implicates Chinese Woman and S. Korean Diplomats
By Sophia Fang & Gisela Sommer
Epoch Times StaffCreated: March 10, 2011Last Updated: March 12, 2011
Related articles: China » Society

Three South Korean diplomats at the consulate in Shanghai are allegedly involved in a sex-for-favors scandal with a 33-year-old married Chinese woman, said by some news sources to be the granddaughter of the late Deng Xiaoping, China’s former paramount leader. Korean reports indicate the woman has obtained classified information including the phone numbers of high-ranking Korean officials.
Mrs. Deng Xinmin is married to a Korean national, referred to as Mr. J., who works in Shanghai. Mr. J. contacted authorities after he discovered sensitive information on his wife’s USB stick.
The three diplomats involved are only identified as Mr. H., Mr. K. and Mr. P.; all are in their forties. One of them is said to have resigned, the other two are being investigated.
On March 8 the South Korean Justice Ministry disclosed that Deng’s USB stick contained the telephone numbers of President Lee Myung-bak and his wife, numbers of 200 high-ranking South Korean government officials and congressmen, the emergency contact of the consulate in Shanghai, and records of issued visas.
Also found on the USB stick were petition letters from Chinese citizens to the consulate complaining about the visa issuing process being under Deng’s control. The letters say that it is extremely difficult to obtain a South Korean visa if one does not apply through Deng, and many difficult visa cases must be processed through Deng.
In an interview with South Korean News Agency Yonhap, Mr. J. said that he married Deng in 2001 in Shanghai and they have one daughter. He said that their family life was good until his wife decided to work. She started to spend a lot of time away from home and told him she was the secretary of the mayor of Shanghai. But sometimes she said she worked at the Police Department.
Mr. J. said that last year, when his wife’s affair with the diplomats became known in Shanghai, he started to look through his wife’s things and discovered intimate photos during an outing with a diplomat and a “love letter” from another diplomat. Mr. J. said his wife told him that her father had died and that an uncle of hers from Shandong Province had been transferred to Shanghai as Party secretary.
“But now I do not know what she told me is true and what is not. It is sad to say that my wife of 10 years is actually a spy,” Mr. J. said.
Kim Jeong-ki, former Korean consul general in Shanghai, also knows Deng. He said Deng is in the close circle with Shanghai’s Party secretary and mayor. Many consulate matters were done with her help, Kim said. Photos of Kim and Deng were also found.
Kim told Yonhap that he was not very close to Deng and that the photo was taken on June 1, 2010, when they bumped into each other at the Hilton. With regard to the number of other officials discovered on Deng’s USB, Kim admitted that the original file was his. Someone must have stolen it from his office, he said.
However, on March 9, Yonhap revealed a detailed analysis of the photos. The analysis showed that the pictures of Deng and Kim at the Hilton were taken at 6:55 p.m. and 6:56 p.m. on June 1, 2010. About two hours later, the same camera was used to make the file containing phone numbers of other officials. All these pictures were taken on the same day with the same Sony DSC-TX1 camera, and were stored in the same folder on Deng’s USB.
Based on these findings, Yonhap concluded that Deng was the one who stole the telephone number file from Kim’s office. The public is anxiously waiting for an explanation from Kim, it said.
The involved diplomat Mr. H., was from the Ministry of Legal Affairs, and Mr. K. was from the Ministry of Knowledge Economy.
The Korean government said it will conduct an investigation, while China’s foreign minister offered an apology.
Recently, Taiwan army Maj. Gen. Luo Xianzhe, when faced with allegations of spying for China, said he fell into the “honey trap” of a Chinese spy. Taiwan media said Luo is the highest-ranking officer suspected of espionage in five decades.

http://http://www.theepochtimes.com/n2/china-news/woman-with-rumored-family-ties-to-late-chinese-leader-involved-in-sex-and-spy-scandal-52781-all.html

 

[Amolthebest]

Why Chinese trolls always make ugly comments about Viet women? Showing their pathetic standards or beating by Viets in 1979?

 

[EastSea]

Why Chinese trolls always make ugly comments about Viet women? Showing their pathetic standards or beating by Viets in 1979?

I think there is something wrong in mentality of such chinese guys nowaday.

 

[itaskol]

Why Chinese trolls always make ugly comments about Viet women? Showing their pathetic standards or beating by Viets in 1979?

because the VN agent selling VN women everywhere in china.
why should we repspect a country which selling their own women....