The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam
Luận văn thạc sĩ
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| Định dạng: | Luận văn |
| Ngôn ngữ: | Korean |
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Hanyang University
2023
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| Truy cập trực tuyến: | https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/116251 |
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| Thư viện lưu trữ: | Thư viện Trường Đại học Đà Lạt |
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oai:scholar.dlu.edu.vn:DLU123456789-116251 |
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Thư viện Trường Đại học Đà Lạt |
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Korean |
| topic |
Perspective of Vietnam South China Sea Territorial dispute International Law |
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Perspective of Vietnam South China Sea Territorial dispute International Law Nguyễn, Thị Cẩm Tú The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| description |
Luận văn thạc sĩ |
| format |
Thesis |
| author |
Nguyễn, Thị Cẩm Tú |
| author_facet |
Nguyễn, Thị Cẩm Tú |
| author_sort |
Nguyễn, Thị Cẩm Tú |
| title |
The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| title_short |
The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| title_full |
The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| title_fullStr |
The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| title_full_unstemmed |
The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam |
| title_sort |
settlement of south china sea dispute under international law from the perspective of vietnam |
| publisher |
Hanyang University |
| publishDate |
2023 |
| url |
https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/116251 |
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1819845759459131392 |
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oai:scholar.dlu.edu.vn:DLU123456789-1162512023-10-05T16:56:41Z The Settlement of South China Sea Dispute under International Law from the Perspective of Vietnam 베트남의 입장에서 본 남중국해 분쟁의 국제법적 해결 Nguyễn, Thị Cẩm Tú Perspective of Vietnam South China Sea Territorial dispute International Law Luận văn thạc sĩ As we already know, for many years, the dispute of the South China Sea (called “East Sea” by Vietnamese) has been always an important issue in Asian region and international forums, which is one of the major concerns of local media and an urgent issue to address. Vietnam is also continuing conflict state between China over the South China Sea. This is because the South China Sea not only plays an essential role for the economic prosperity and trading partners of the countries located in Southeast Asia, but it also occupies strategic positions for political and security issues and transportation in each country. The dispute of the South China Sea is a maritime territorial dispute in which six countries, including China, Vietnam, Taiwan, the Philippines, Malaysia, and Brunei, claim ownership and maritime jurisdiction. In particular, as China is speeding up its construction of military bases in the South China Sea, the conflict state is intensifying with the involvement of Vietnam in oil drilling in the South China Sea. There are three kinds of conflicts related with the territorial issue between Vietnam and China. First, the issue of land border with China, which has gained historical awareness from the border war between China and Vietnam in 1979; second, the determination of territorial sovereignty of northern bay(Gulf of Tonkin) in northern Vietnam; and third, conflicts related with the South China Sea. This paper will address issues related to the dispute of the South China Sea, especially the Spratly Islands (Vietnamese: Quần đảo Trường Sa, Chinese: 南沙群岛, Filipino: Kalayaan, Malay: Kepulauan Spratly) and the Paracel Islands (Chinese: 西沙群岛, Vietnamese: Hoàng Sa) In addition, China annexed the South China Sea by ‘Nine-Dash Line’ (also called the ‘Ox’s tongue’) in the U-shape along the South China Sea, claiming that 90% of the South China Sea is the territorial waters of China and making reefs that are being disputed territorial rights with neighboring countries into artificial islands and military bases. Regarding these series of phenomena, the Vietnamese government stated that "We maintain a position to resolve the issue peacefully in accordance with international law and the principle of territorial sovereignty to maintain peace and stability in the East Sea and friendly relations with neighboring countries". Also, many associations and organizations in Vietnam are opposing China's wrongdoing and demanding to immediately abandon and not to recur illegal acts on the Vietnamese coast. And the legal organization in ASEAN member nations have claimed the responsibility of China to protect international law and justice in order to respect the independent sovereignty and each country's maintenance of the national territorial integrity and maintain world peace and security, create a fair and civilized democratic world. A series of actions China has been proceeding arbitrarily for a long time are constantly raging about the South China Sea dispute. These practices show that China is ignoring the principles of international law or the code of conduct of interested parties. The South China Sea dispute is not a new issue, but it has a complicated phase giving rise to international suggestion, challenges to be solved, and threat. Accordingly, the South China Sea dispute is now urging the necessary and timely actions for national sovereignty and territorial integrity. Therefore, the resolution of disputes in the South China Sea, including the understanding of the South China Sea and related disputes, the studies of means for establishing national sovereignty at the sea, and the provision of laws and regulations for settlement of territorial disputes, are emerging as urgent tasks and require more social attention. The purpose of this study is to provide a theoretical reference value as a research which emphasizes the solution method of the South China Sea dispute and aims to resolve the conflict of each interested countries and to establish a new order in the South China Sea area. With Vietnam, it is important to maintain influence in the Southeast Asian region by resolving territorial disputes between China. Especially, Vietnam is geopolitically confronted with China's land and sea boundaries, so maintaining a peaceful relationship with Vietnam is also strategically important with China. And also in Vietnam, maintaining peaceful relations with China, an ideological comrade and economic partner at the same time, is an essential element for the development of the country. Vietnam is the country most affected by China's behavior because of its proximity to the territory and territorial waters of China, so is responding to the threat of China through various means in the South China Sea. Furthermore, Vietnam is seeking solutions to keep peace and stability in the region, preventing the deterioration of relations with China through endless efforts. This paper examines and analyzes the means of resolving disputes in the South China Sea under these backgrounds. Therefore, this paper outlines the theories related to territorial disputes and examines precedent research cases. After the overview of the South China Sea situation, it will examine the current situation of the South China Sea dispute. Also, it proposes the rationality and legitimacy with the claim of sovereignty from the standpoint of Vietnam by classifying and analyzing the arguments and grounds of each country's claim on the sovereignty issue of the islands, dividing it into historical and legal grounds, and examines the international legal principles related to the development of the delimitation of maritime boundaries, and analyzes the legal nature of the 'Nine-Dash Line' which is claimed by China. A key part of this paper is Vietnam's response strategy in the South China Sea. For the solution of the South China Sea dispute with Vietnam, we consider the three aspects which are peaceful solutions, solutions through international organizations and last, judicial solutions. The peaceful solution, the most harmonious and flexible way, is often preferred method among the related countries but there’s a limitation. Currently, Vietnam expects to seek solutions through international organizations, especially the "Code of Conduct for the South China Sea" (abbreviated as COC) adopted by the Association of South East Asian Nations (abbreviated as ASEAN). This paper suggests a judicial solution if the above two approaches are not effective. And it examines the practical difficulties of implementing judicial solutions after proposing the effectiveness of each method by International Court of Arbitration, the International Court of Justice, and the International Tribunal for the Law of the Sea. 2023-08-15T00:39:49Z 2023-08-15T00:39:49Z 2018 Thesis https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/116251 ko application/pdf Hanyang University |