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Regarding the 1958 Letter by Pham Van Dong [Update] PDF Print E-mail
Written by Le Duc   
Wednesday, 17 September 2008 12:37
Admin note: Below is the actual transcript of Dr. Balazs Szalontai's answers which has been obtained from Dr. Szalontai himself. 

Dr. Balazs Szalontai: In 1955-1958, the DRV leadership, having to cope with internal difficulties and lacking sufficient international support, was far from achieving its aim of unifying Vietnam under its own rule. In these years, its primary ally was China, as the Soviet Union was not greatly interested in giving much direct support to North Vietnam. Under these circumstances, Hanoi could not hope to establish its authority over the Paracel and Spratly islands in the near future, and thus it did not suit its interest to risk a serious disagreement with the PRC over the islands. Therefore in these years the North Vietnamese government sought to secure Chinese support, and it went only so far as to evade making a public statement in favour of China's specific territorial claims or signing a binding agreement that would have explicitly renounced Vietnamese claims for the islands.
In 1974, the situation was completely different. With the U.S. troops gone and the Thieu regime getting weaker and weaker, the unification of Vietnam under northern rule was no longer a distant possibility. Had the Chinese not intervened, Hanoi could have easily taken the islands together with the rest of South Vietnam. Between 1968 and 1974, Sino-Vietnamese relations deteriorated to a very low level for various reasons, whereas the Soviet Union was giving intense support to the DRV. In such a situation, the North Vietnamese standpoint understandably became much more assertive, and less ready to please China, than it had been in the 1950s.

For similar reasons, China's standpoint had also become more inflexible than before. While Beijing may not have risked alienating an otherwise friendly and "reliable" Vietnam solely for the sake of annexing the Paracels, in 1974 it could no longer hope that Hanoi would take sides with it against Moscow. On the contrary, the DRV firmly resisted Chinese pressure to adopt an anti-Soviet standpoint, and it openly disagreed with the process of Sino-U.S. rapprochement. Moreover, in the end of 1973 and early 1974, the CCP leaders had good reason to feel that Sino-U.S. detente had failed to yield the expected results. Washington did not break diplomatic relations with Taiwan, nor did it refrain from seeking a rapprochement with the USSR. On the contrary, Soviet-U.S. detente was progressing well. Thus in 1974 the Chinese leaders felt encircled once again, and this is why they wanted to improve their strategic position in South-east Asia by occupying the Paracels, and increasing their support to the Khmer Rouge and the Burmese Communist guerrillas.

BBC: Why do you think there exists such a letter by Pham Van Dong? In what circumstances did Pham Van Dong write this now controversial document?

Dr. Balazs Szalontai: The general context of the Chinese declaration was the United Nations Conference on the Law of the Sea, held in 1956, and the resulting treaties signed in 1958, such as the Convention on the Territorial Sea and Contiguous Zone. Understandably, the PRC government, though not being a member of the U.N., also wanted to have a say in how these issues were dealt with. Hence the Chinese declaration of September 1958. In these years, as I said before, North Vietnam could hardly afford to alienate China. The Soviet Union did not give any substantial support to Vietnamese reunification, and neither South Vietnamese leader Ngo Dinh Diem nor the U.S. government showed readiness to give consent to the holding of all-Vietnamese elections as stipulated by the Geneva Agreements. On the contrary, Diem did his best to suppress the Communist movement in the South. This is why Pham Van Dong felt it necessary to take sides with China, whose tough attitude toward the Asian policies of the U.S. offered some hope. And yet he seems to have been cautious enough to make a statement that supported only the principle that China was entitled for 12-mile territorial seas along its territory but evaded the issue of defining this territory. While the preceding Chinese statement was very specific, enumerating all the islands (including the Paracels and the Spratlys) for which the PRC laid claim, the DRV statement did not say a word about the concrete territories to which this rule was applicable. Still, it is true that in this bilateral territorial dispute between Chinese and Vietnamese interests, the DRV standpoint, more in a diplomatic than a legal sense, was incomparably closer to that of China than to that of South Vietnam.

BBC: There is also an alleged statement made by Ung Van Khiem in 1956, which has been publicly exploited by China? Does this alleged statement contribute to our understanding of Dong's letter?

Dr. Balazs Szalontai: According to the website of the Chinese Foreign Ministry, in mid-1956 DRV Deputy Foreign Minister Ung Van Khiem told the Chinese charge d'affaires that the Paracels and Spratlys were historically Chinese territories. At first I believed that the veracity of this statement must be doubtful. After all, in 2004 the Chinese Foreign Ministry simply deleted certain disputed periods of Korean history from the Korean section of its website, thus demonstrating its readiness to "modify" the historical past as it saw fit. I also accepted the logic that if Khiem did make this statement, it would have meant that the VWP leadership really intended to renounce Vietnam's claims for the Paracels and the Spratleys in favor of the PRC. But now I think otherwise, having studied, among others, Mongolia's border negotiations with the Soviet Union.

Namely, I realized that Khiem's statement actually had no binding force. In a Communist system, the statements made by a high-ranking official like Khiem is expected to represent the official views of the top leadership, but the leadership can disavow him and his statements at will by dismissing him under some seemingly unrelated pretext. This is what happened to Mongolian Foreign Minister Sodnomyn Averzed in 1958. During negotiations over a disputed part of the Soviet-Mongolian border, he adopted a rather firm standpoint, and, in all probability, he acted on the instructions of the top leadership. But when the Soviet side refused to yield the territory the Mongolians claimed, and complained of Averzed's "nationalist attitude", the top Mongolian leadership disavowed and promptly dismissed him. This could have happened to Khiem, too, if the top VWP leadership had wanted to disavow his statement. In any case, he was only a deputy foreign minister, and he made only a private verbal statement in the presence of a charge d'affaires. In a Communist system, this does not have the same binding force as a specific written agreement, an official government statement with precise references to the territorial issues, or a verbal statement made by a more or less "irreplaceable" leader, such as a prime minister, a head of state, or a general secretary. Obviously, the North Vietnamese leaders did not sign such an agreement, or make such a statement, because otherwise the Chinese would have already published it.

In sum, if the North Vietnamese leaders committed a sin, it was purposefully deceiving the Chinese, rather than seriously renouncing their claims for a part of Vietnamese territory. This is exactly the sin of which the Chinese accused them later, and in this particular case, the Chinese view seems to be more accurate than the South Vietnamese one.

BBC: Does Dong's letter have any legal meaning nowadays?

Dr. Balazs Szalontai: It weakens Vietnam's stance a bit, but I do not think it has any binding force. In my view, the Chinese statements emphasizing the principle of "silence is consent" carry little weight. The South Vietnamese government explicitly protested against China's claims, and made determined efforts to keep the islands, but this completely failed to deter China from occupying the Paracels. China simply ignored Saigon's protests. Had Hanoi protested, the result would have been the same.

BBC: What can Vietnam do with Dong's letter today? For a long time, there has been a silence, with no public debate about this incident. Can Vietnamese people have a debate about it without an impression of giving any kind of advantage to China?

Dr. Balazs Szalontai: I think a public discussion of the issue, given the relatively limited legal relevance of Pham Van Dong's letter, would not hurt either Vietnam or China, but of course the two governments may see the issue differently.

_______________________________________________

BBC Vietnamese
Translated by Thinh Do
24 January 2008

 

 

Admin note: This interview was translated from Vietnamese by VietWill. The original language in which the interview was conducted is unknown. If the original interview was conducted in English, the present English translation may not be exactly the same as the words employed by the parties in the interview. If we are able to find the original transcript of the interview, we will post on this site. 

**********************************

In 1958, North Vietnamese Prime Minister Phạm Văn Đồng signed a letter that has caused numerous controversial arguments. The letter dated September 14, 1958 saying that the government of North Vietnam agreed with a concurrent Beijing’s announcement on China’s naval territory. In some public’s eyes, this letter has been viewed as North Vietnam’s acknowledgement of China’s sovereignty over the Paracels and the Spratlys.


Recently, after numerous bilateral disputing arguments over the possession of the islands, once again - even though not in official circles – the letter signed by Phạm Văn Đồng was brought up to all discussions among Vietnamese inside and outside the country. How do foreign researchers observe and evaluate this letter in accordance with this letter?

The BBC Vietnamese interviewed Dr. Balazs Szalontai, an Asia research scholar living in Hungary. First, Dr. Szalontai explains the two different viewpoints of North Vietnam in the decade of 1950 and in 1974 when the Paracels fell into China’s hands:

Dr. Balazs Szalontai: In 1955-1958, North Vietnamese leaders had not yet reached their goal of reunifying the country because they had to deal with internal troubles as well as lack of international support. Their key ally at this time was China.  In such a situation, Hanoi could not hope affirming its control over the Paracels and Spartlys in the near future, and thus they could not afford significant dissimilarity with Beijing over the islands.  The North Vietnamese government was managing to get China’s assistance; therefore it just attempted to neither offer open agreement on China’s specific (naval) sovereignty nor sign a forceful document that officially denounced its control over those islands.

In 1974, the situation was quite different. The matter of reunifying Vietnam was no longer out of reach. Even if China would not interfere, Hanoi could easily take over the islands as well as the rest of South Vietnam. From 1968 to 1974, Sino-Vietnam relations were dropped very low while the former Soviet Union increasingly supported the North. In this state, North Vietnam’s viewpoints toward China  became tougher compared to that in the 1950s. For the same reasons, China also toughened its stance. Up until 1974, Beijing no longer hoped that Hanoi would be in the same boat against Moscow. Actually, at the end of 1973 early 1974, Russia sensed that the ease in Sino-US relations has not been as fruitful as expected. Washington was neither giving up diplomacy with Taiwan nor giving up negotiation with Moscow. The Soviet-US affiliation, in contrary, was going well. Because of this, in 1974, Beijing again sensed encirclement and decided to change its strategic position in Southeast Asia by the acts of invading the Paracels, boosting up its supports to the Khmer Rouge as well as to the Burmese communist gorillas.

BBC:  According to your viewpoint, in what situation was the letter of the Phạm Văn Đồng written?

Dr. Balazs Szalontai: First of all, let’s talk about China’s announcement. It was presented in the scenario of the 1956 UN convention on Law of the Sea and the 1958 subsequently signed agreements. It’s easy to understand that China, even though not yet a UN member, also purposefully wanted to voice in its solution to solve problems. Thus, there existed such an announcement in September 1958.

Like I said, in those years, North Vietnam could not upset China at a time when Russia did not fully support the reunification efforts. Meanwhile, Ngô Đình Diệm in the South and the US were not ready implementing elections as stated in the Geneva agreement. Phạm Văn Đồng, therefore, saw the necessity to turn to China; nonetheless,  he seemed to be discreet  enough to give out just an announcement acknowledging - on a general principle - China’s 12-nautical-mile sovereignty from its shoreline, but steered clear of  definition of such sovereignty. Despite Beijing’s specific inclusion of the entire Paracels and Spratlys islands in its proclamation, Phạm Văn Đồng’s letter mentioned no single word regarding such specific territorial names.

In this bilateral territorial dispute, North Vietnam’s standpoint (with regard to Phạm Văn Đồng’s letter) bearing more of  a diplomatic sense than legitimate implication, was closer to China’s standpoint than that of South Vietnam.

BBC:  In addition to the Phạm Văn Đồng’s letter, there was also another statement agreeing to China’s claim, given in 1956 by Mr. Ung Văn Khiêm - North Vietnam’s former Deputy of Foreign Minister, in which China openly cited. Does that statement help explain more about the letter?

Dr. Balazs Szalontai: According to a Chinese Foreign Department (CFD) website, in mid 1956, Ung Văn Khiêm told China’s interim ambassador that the Paracels and Spratlys historically belonged to China. At first, I doubted the truthfulness of that statement.  Back in 2004, CFD even removed chapters containing arguments over Korea’s history from its website. This means China’s willing to alter past history to serve up its own interests.

I used to accept the argument that if Khiêm actually stated so, then it meant North Vietnam leaders really intentionally abandoned Vietnam’s control over the two islands. But now I think otherwise, and the reason for this rethinking is when I reviewed border agreements between Mongolia and Russia.

I realized that Khiêm’s statement actually had no binding effect. In the communism system, an officer’s statement like that of Khiem might be considered representing official government’s standpoint. But the government could also bypass him and nullify his statements by firing him with accusation that seemed not relating to the issue.

That was also the fate of Mongolian Foreign Minister Sodnomyn Averzed in 1958. He showed his hard-line viewpoint while negotiating in the Russia-Mongolia border dispute, and it’s likely that he followed the government’s instructions.  Not only when Russia refused to give back land that Mongolia requested but also criticized Averzed’s “nationalism attitude,”  Mongolia fired him.

In he case of Ung Văn Khiêm, he was just a Deputy of Foreign Minister at the time, and  it was just a word-of-mouth statement to China’s interim ambassador. In the communism system, a word-of-mouth statement does not possess the same power as a written statement relating territorial issues. Neither it  possesses heavy weight as that done by higher ranking officials like Prime Minister or President or General Secretary. Obviously, neither North Vietnamese leaders signed nor said a so-called agreement  because if they did, China would already published.

BBC:  In your opinion, does the Phạm Văn Đồng’s letter carry any legitimate meaning?

Dr. Balazs Szalontai: The letter insignificantly weakened Vietnam’s claim, but I assume it does not have binding weight. In my opinion, while China stressed the principle of “Silence means Consent,”  it’s not as heavy-weighted. The government of South Vietnam already openly protested against China’s claims and attempted  defending the islands, but they could not stop China from attacking and occupying the Paracels. China simply ignored Saigon’s protest. Even if Hanoi also voiced objection at that time, the result would be the same.

BBC:  Nowadays, what can people do with Mr. Đồng’s letter? For a long period, it’s just silence in Vietnam. Do you think if Vietnamese now can openly debate this letter  it will just be beneficial for China?

Dr. Balazs Szlontai: In my opinion, Phạm Văn Đồng’s letter only has a limited legitimacy value. Because of this, an open debate on this issue will not harm either Vietnam or China. However, of course, the two governments might view this issue in a different way.

 
Dr. Balazs Szalontai has taught at National University of Mongolia, and is presently an independent researcher in Hungary. He is the author of  Kim Il Sung in the Khrushchev Era: Soviet-DPRK Relations and the Roots of North Korean Despotism, 1953-1964 Washington, DC: Woodrow Wilson Center Press Stanford, CA: Stanford University Press

http://www.bbc.co.uk/vietnamese/vietnam/story/2008/01/080124_vietnamchinaphamvandong.shtml

**************************************
The content of Pham Van Dong's diplomatic note to Premier Zhou Enlai is as follows:

"Comrade Prime Minister,

We have the honour to bring to your knowledge that the Government of the DRVN acknowledges and approves the declaration dated 4th September, 1958 of the Government of the PRO fixing the width of the Chinese territorial waters. The Government of the DRVN respects this decision and will give instructions to its State bodies to respect the 12-mile width of the territorial waters of China in all their relations in the maritime field with the PRC. I address to you, comrade Prime Minister, the assurance of my distinguished consideration".
Comments (81)
  • ailien

    In 1958, the North Vietnamese government didn't have any authority over Parace & Spratly islands. First, they can't give away what they didn't own. Second, Pham Van Dong, himself has no right to give away the land that is owned by the whole nation. No single person can give away land to foreigners.

  • Kim Tran

    Vietnam is a non-permanent member of the UN Security Council. Moreover, Vietnamese representatives at the UN now preside over the council and they should bring up the dispute (Spratly and Paracel islands)openly for an UN resolution.
    What is Vietnam waiting for?

  • bibo

    Vietnam is waiting for the day the China is not as aggressive. Impending threat from China's military aggression is what shut off the Vietnamese government's any attempt to stand up in this matter. Vietnam doesn't want to give China an excuse to flex its military muscle "justified".

  • loco

    waiting is easiest ha ha ha

  • ailien

    will that day ever come?

  • Tony

    This is an interview with Dr. Nguyen Van Canh, an expert in international law. According to Dr. Canh, the archipelagos at that time belonged to S. VN. So for China to declare the 12 nautical miles rights around these islands was an illegal act. So PVD's agreement with this is also an illegal act. PVD's consent does not make China's act legal. It makes both of their acts illegal. Therefore, neither China's declaration nor PVD's consent has any legal merit.

    http://www.rfa.org/vietnamese/in_depth/Solution-for--Pham-Van-Dong- Diplomatic-Note-09172008164518.html

  • mao

    ANyway, just let your folks know, on paracel island, there is actually a city popping up, 4 to 5 thousands people, there are banks, resturant, store, hospitals. There are actually people born in there on that island.
    That's their home. unlike previous vietnamese garrison, rite now, it's converted into mini-civilian area.yup, more than 30 yrs already.
    with that, you could go to any court, civilians living there will win.

  • Tony

    Mao,

    You could move Beijing to Paracel Islands for all that matters. Beside, with 1.3 Chinese people, I'm sure you can supply a few for Paracel Islands. But this does not make your occupation legal. Unlike Chinese way of doing things, in international law, we just something called "REASON" which sees through these schemes of yours. BTW, if you're so sure of China's legal standing, why do you think China keeps refusing to settle the matter in International court? Tell your gov. to go to court and settle once and for all then - if you dare!

  • ailien

    Mao,

    There are Chinese born every where in this world. Does that make these places China? Chinese born in Vietnam is nothing new. This kind of argument won't give you any kind of legitimacy, my friends.

  • mao

    First, I can't tell them what to do.
    Even in legal cases if a crime is not prosecuted within say 20 to 30 yrs. Then you can't prosecute it after that.

    Same with land, if someone occupy yourland, and no legal actions taken against that, 20 yrs later that land belong to someone else, kind of like the homestead act.

    It has been more than 30 yrs already since the chinese settled there permanently. It's their land already.

    If you don't believe do some reseach on the legal stuffs.

  • banananut

    Vietnam always has a firm position regarding its ownership of these islands. It's China, who does not want to resolve this issue in the International Court. China also continues to take away the lands of the other countries in the region and exerts its military action without regards for International Laws.

    It's so funny that China wants to be a global leader but does not act like one.

  • Pentagon

    Somebody's clumsily reiterating Chinese classic style in what known to be China's classic invasion doctrine which is saying China has been expanding its territory by invading, conquering, suppressing, brainwashing, incorporating then - sorry - eating, sleeping, peeing, pooping, polluting and then generation after generation such territory with full of China's marking smell logically becomes China's land.

  • Tony

    Mao,

    Your forget something. In international law, occupation is not settled just because of the number of years. You forget that since the 1974, Vietnam has protested this illegal occupation. And ever since then, this protest has continued constantly. Occupation becomes legitimate over time when it is a peaceful occupation that does not involve illegal seizure and no protest from other parties. This certainly was not the case as you well know. As I advised you before, please brush up on international law first before stating your arguments.

  • nick

    Simply consider the following three points:

    1. Phạm Văn Đồng was the North Vietnamese Prime Minister, your Vietnamese leader, your Vietnamese representative. Can you guys deny that what he said must bear a level of authority and legality?

    2. North Vietnamese beat South Vietnamese and reunited whole VN. Logically, the VN should inherit North VN's political stance and foreign policy (changing policy later may be reasonable, but it is a different issue). So, how could VN government deny its foreign policy and stance over one night?

    3. If you think what the VN representative (government leader) said was nonsense, how can you expect general Chinese people to take the current VN leader's words seriously, or to respect your government and your claims?

  • newschewer

    Regarding your "two points":

    Communist leaders are dictators. They do not and never represent Vietnamese people. The naked fact is those islands are NOT parts of North Vietnam's teritorry. Are you assuming that you can simply put a "for sale" sign in front your neighbor's house and then sell it?

  • nick  - re:
    newschewer wrote:
    Regarding your "two points"


    Buddy, you should read the above 3 points, and read carefully B)

  • newchewer

    Your third point is as hollowly meaningless as your previous points.
    This whole political deal was already a joke. Thus, repect is unnecessarily expected.

  • nick

    I have really enjoyed the argument with my old opponent Tony Fan (or Tony Tomato) before. Here I would love to see what Tony (here, Tony Le?) will response to my "3 points". No curse, no yell, just friendly argument/communication. :)

  • Tony

    Nick,

    Thanks "old friend".

    1. Pham Van Dong was the PM of NVN. We here mostly come from SVN. So it is not accurate to call him "our leader". The leader when it comes to the Paracels in 1958 had to come from S. VN since the Paracels belonged to SVN.

    2. Continuity is something the ICJ can decide upon. However, if we take Zhou Enlai's declaration of sovereignty over the Paracel and Spratly Islands to be illegal, then the issue of continuity is irrelevant to the case, since PVD's consent to Zhou Enlai's declaration would only mean consenting to an already illegal action, which makes that consent is also illegal.

  • Tony

    3. Officials and governments say things to deal with the present situation all the time. It does not mean that what they say are always correct. In this case NVN had an incorrect action. China was wrong to believe that NVN can speak for SVN. In fact, it can't.

    But I wonder if you trust that everything Beijing is saying at this time in international forums is the "whole truth but nothing but the truth"???

    By the way, I have a U.S. passport. I speak as a Vietnamese person, not a person under the Vietnamese government.

  • Tony

    4. Although I do admit that the action of PVD creates difficulties for Vietnam since N.VN have overtaken S.VN. Nevertheless, I am confident that if the case were taken to ICJ, this matter would only be one of factors taken into consideration in the overall case. There are many other aspects to consider as well. And the other aspects could outweigh the political juggling of a wartime prime minister. I think if China were as confident about its case, then it wouldn't have snubbed all suggestions for a third party arbitration to resolve the conflict. It knows that it stands to lose what it had seized.

  • Anonymous  - re:
    Tony wrote:
    Mao,

    Your forget something. In international law, occupation is not settled just because of the number of years. You forget that since the 1974, Vietnam has protested this illegal occupation. And ever since then, this protest has continued constantly. .

    You mean street protests? that has no legal bearing whatsoever.
    You got to bring it to the court and have the court subpoena China to show up in the court, lol. Just because you are yelling doesn't mean you taking any legitimate legal actions.

    yelling is meaningless

  • Anonymous  - re:
    Tony wrote:
    4. I am confident that if the case were taken to ICJ, this matter would only be one of factors taken into consideration in the overall case.

    Yeah, tony, keep on waiting for day. That day will come when native indians take the US government to court for robbing their lands.

    you folks are so childlish.

  • Tony  - re: re:
    Anonymous wrote:
    Tony wrote:
    Mao,


    You mean street protests? that has no legal bearing whatsoever.
    You got to bring it to the court and have the court subpoena China to show up in the court, lol. Just because you are yelling doesn't mean you taking any legitimate legal actions.

    yelling is meaningless


    No, I mean the official protests from the VIetnamese government. First, in 1974 by the SVN goverment. And regular protests from the Socialist Republic of VN, voiced by its spokesperson.
  • Tony  - re: re:
    Anonymous wrote:
    Tony wrote:
    4.


    Yeah, tony, keep on waiting for day. That day will come when native indians take the US government to court for robbing their lands.

    you folks are so childlish.

    Childishness is when a country says 80% of that sea is mine because I like it to be mine. I don't care what you say.

  • Mao  - re: re: re:
    TonyNo, First, in 1974 by the SVN goverment. And regular protests from the Socialist Republic of VN, voiced by its spokesperson.[/quote wrote:


    SVN? where they hiding now?
    Just in case if need them to show up in the court.
  • Tony  - re: re: re: re:
    Mao wrote:
    TonyNo, quote wrote:


    SVN? where they hiding now?
    Just in case if need them to show up in the court.



    Mao, I would appreciate it if you would argue more intelligently than this.
  • nick  - re:
    Tony wrote:
    Nick,Thanks "old friend".
    1. Pham Van Dong was the PM of NVN. We here mostly come from SVN. So it is not accurate to call him "our leader". The leader when it comes to the Paracels in 1958 had to come from S. VN since the Paracels belonged to SVN.


    SVN was conquered by NVN, what used to belong to SVN would be now belonged to NVN (or new VN). So, Pham Van Dong's stance would still stand and be valid.

  • nick
    Tony wrote:
    2. Continuity is something the ICJ can decide upon. However, if we take Zhou Enlai's declaration of sovereignty over the Paracel and Spratly Islands to be illegal, then the issue of continuity is irrelevant to the case, since PVD's consent to Zhou Enlai's declaration would only mean consenting to an already illegal action, which makes that consent is also illegal.


    Firstly, it does not make any sense for VN saying Zhou En Lai's statement was illegal, just like that it does not make any sense for China saying your occupation on Nansha Islands is illegal. That's meaningless yelling.

    Secondly, Pham Van Dong was the representative of your people, his content was equivalent to general VN people's consent. Given that the genernal VN pepole consented to China's claim, how can you say it illegal? Yes, as an individual, you may have different opinion, but you can not override the majority of VN people.

  • Tony

    Nick, I think when land is "transferred" officially, there needs to be a convention, an official agreement that is signed by the parties involved. It cannot be done by a "diplomatic note". Like I said, PVD's diplomatic note creates some problems for the Vietnam and makes the situation more confusing. However, when a matter is settled in court, things get decided in accordance to the law, not just politics.

  • Tony

    For example, in 1887 when the demarcation of territory was determined between Tonkin (i.e. N. VN) and China, an agreement was signed by both China and France at the time. France, being the ruler of VN at that time, represented N.VN and signed the agreement. In 1958, PVD represented N.VN and wrote a letter to Zhou Enlai. It was neither an official agreement between South VN and China, nor an action on behalf of the will of the Vietnamese people as a whole, especially when the S.VN population was bigger than that of N. Since in 1958, PVD's letter was only an "opinion" and not a "contract". Opinons can change depending on the situation.

  • nick  - re:
    Tony wrote:
    3. Officials and governments say things to deal with the present situation all the time. It does not mean that what they say are always correct. In this case NVN had an incorrect action. China was wrong to believe that NVN can speak for SVN. In fact, it can't.
    By the way, I have a U.S. passport. I speak as a Vietnamese person, not a person under the Vietnamese government.

    I agree with you regarding a government's seasonal political policy and stance. But as far as national interest is concerned, China must insist that VN must keep her consent on the China's sovereignty over South China Sea. Objectively, VN politician might make a stupid mistake on this issue, but it is your mistake, and you must pay for the mistake. Analogously, I hold an Australian passport, I speak as a Chinese person, not a citizen under Chinese government. Yet my opinion is typical of both domestic and overseas Chinese.

  • Tony

    In international politics, it is hardly a surprise to see that governments and officials change their opinions depending on what the state of affairs is. If everything they express is legally binding, then no one can say anything at all, especially weak countries. In this case, my opinion is that PVD's opinion, though incorrect, though hurt the Vietnamese people's rights, and does not help Vietnamese territorial integrity, is not legally binding.

  • Tony

    (sorry, wrote your name in the wrong area)

    Nick, now that we establish ourselves to some degree of "objectivity" in regards to where we are to the respective governments, we can better exchange.

    I agree that it was a mistake. But is it a mistake that has legal or moral consequences? Only a case in court can find out. Many Vietnamese are calling upon the VN gov. to be more daring in taking the situation to court. And also call for China to be willing to agree to do so as well. A court case can only take place if both parties agree. Do you support taking this matter to court?

  • nick  - re:
    Tony wrote:
    For example, in 1887 when the demarcation of territory was determined between Tonkin (i.e. N. VN) and China, an agreement was signed by both China and France at the time. France, being the ruler of VN at that time, represented N.VN and signed the agreement. ... Opinons can change depending on the situation.

    Tony, you cannot confuse indiviudal opinion with collective opinion. When your prime minister consented to China's statement, he was not making a personal consent, but a collective consent.

    As a common individual, you may change your words overnight, but as a government leader, he cannot. Otherwise, government won't bear any authority and cannot survive.

  • Tony  - re: re:

    Nick, I was not claiming it was an individual opinion. But it was an opinion that did not represent the "collective" of the right people, which was the people who had control over the islands at that time.

    Just like China cannot give "collective" opinion for the people of Taiwan at this time. Since China cannot decide for Taiwan now, anything that it does illegally on behalf of Taiwan cannot survive legally anytime thereafter. As as I said, a collective "opinion" remains simply an opinion if the court does not find that it is legally binding.

    I would apprecite it if you would stop saying PVD is "your" prime minister.

  • Tony

    For example, the Chinese government today says that "development for mutual benefits" is the way to resolve the dispute. But if later on the Beijing changes its mind and decides it won't collaborate with anyone, will there be legal consequences? Certain things said by governments (representing the collective) bear legal consequences. But other things don't when all things have been examined. You can't tell me governments NEVER change their opinions.

  • ailien

    Nick,

    Welcome to VietWill forum, and thanks for your polite and intellectual tone and style.

    Please remember, current Vietnamese government in Hanoi is the government in power, but they don't necessarily represent the whole Vietnamese nation. Since free speech is not tolerated in Vietnam, and China too, no one can express their feeling toward the government openly. Therefore, until you can let people talk openly about how they feel toward the current government, you can't confirm that this is what people want and what people choose to represent them.

    Therefore, PVD is just a Prime Minister, not anyone's PM.

  • nick  - re:
    ailien wrote:
    Nick,
    Welcome to VietWill forum, and thanks for your polite and intellectual tone and style.

    Please remember, current Vietnamese government in Hanoi is the government in power, but they don't necessarily represent the whole Vietnamese nation. Since free speech is not tolerated in Vietnam, and China too, no one can express their feeling toward the government openly. Therefore, until you can let people talk openly about how they feel toward the current government, you can't confirm that this is what people want and what people choose to represent them.

    Therefore, PVD is just a Prime Minister, not anyone's PM.


    If you say there is ever a government in the world that 100% represents its people, you are joking. As democratic as USA is, the people who voted for the government are usually below 65% of their total population. Do the rest 35%+ people not to recognize that government, or deny its authority and legality?

    Be aboveboard. You may directly say VN ...

  • nick  - re:
    Tony wrote:
    I agree that it was a mistake. But is it a mistake that has legal or moral consequences? Only a case in court can find out. Many Vietnamese are calling upon the VN gov. to be more daring in taking the situation to court. And also call for China to be willing to agree to do so as well. A court case can only take place if both parties agree. Do you support taking this matter to court?


    First of all, I do not think previous VN political executive made a mistake, rather, I think he was really wise and made a very judicious and brave politcal decision: consent to China, stand friendly and peacefully with China, and gain support and safegurd from China. (In my earlier post, I meant even if it was a mistake, it is your mistake, and you need to pay for that mistake.)

    China may be beaten, but never be wracked. China has been standing there for thousands of years till today. Once offended, China can beat, and her opponent may be crunched.

    Based on the philosophy of o...

  • Tony  - re: re:
    nick wrote:

    First of all, I do not think previous VN political executive made a mistake, rather, I think he was really wise and made a very judicious and brave politcal decision: consent to China, stand friendly and peacefully with China, and gain support and safegurd from China. (In my earlier post, I meant even if it was a mistake, it is your mistake, and you need to pay for that mistake.)

    China may be beaten, but never be wracked. China has been standing there for thousands of years till today. Once offended, China can beat, and her opponent may be crunched.

    Based on the philosophy of old wisdom, VN is better to choose to be a friend instead of an enemy of China, even if she needs to bear some temporary and limited loss, all for the long term peace and development. Except for South China Sea, does China look so greedy in your eyes?

    It is a tragedy that some of you VN elites are advocating to use the power of USA or of other countries to oppose China. That remote suppor...
  • nick
    Tony wrote:
    But I think we will be fine with finding our own ways based on our own thinking and experience. As you said, China has stood for thousands of years and won't be nice to anyone who disagrees with it. On the other hand, we Vietnamese have managed to keep ourselves free of Chinese control despite thousands of years of Chinese aggression and imperialism. So no one has more experience of how to deal with China and what China is like than we do. So don't worry so much for us. I think it would be better for you to make suggestions to China to be more equitable and forthright and fair when it comes to dealing with its neighbors. Isn't ununsual to you China is the only country in the world that has had border wars with all its neighbors, and have always claimed that those wars were in "self defense"?


    Reading some Chinese histroy may be helpful to understand the territorial conflicts between China and the neighbouring countries.

    How many countries has been stan...

  • Tony

    Nick,

    Historians have shown that in the past, China was not powerful on the sea because Chinese emperors decided to concentrate on the power on the mainland. Therefore, territories on the sea that are so far away from the mainland could not possibly be possessed by the China for it to reclaim. China has only become interested in these islands since the 20th century when China found that these islands were stretegic to China regaining its power after being put down by the West. But China did so by claiming islands that have already been claimed by others. That is why maps drawn by Chinese themselves before the 20th century only show Hainan to be the southernmost tip of China. Only modern maps include these islands. If you say these territories always belonged to China, why is it that there is never any map that indicates this fact. Chinese scholars were very advanced and informed. They would certainly know how to draw maps that include all of China's territories.

  • Tony

    There is nothing more dangerous than someone trying to wash off his shame. It could take one to the extreme due to his need to overcome its former inferiority. His mental state of mind could be so disturbed that he is willing to do anything in order to forget the past. He can go from one extreme to the other. Being totally down, now he will do anything in order to dominate and suppress others so that he could feel superior and powerful. He is willing to sacrifice morals and standards in order to achieve what he wants. It is a very dangerous and disturbing mentality.

  • Tony

    The mentality that I am speak of is clearly seen in China's opposition to Vietnam's collaboration with BP and ExxonMobil to explore oil in Vietnam's own Exclusive Economic Zone. China wants to be powerful so much that it is willing to ignore international maritime laws in order to get what it wants. If you want other people to feel at peace with China's rise, then actions have to go along with words. You can't just spill honey covered words and then your actions prove other wise.

  • nick

    Back to that letter, the written consent.

    In western countries the significance of written consent has long been well established. Should you sell or buy a home, deal with court issues, or any other important things, written documents are crucial. As long as you made it in written, it is fixed, done, no more gabbing regardless what.

    It really astonishes lots of people (especailly general western people) after knowing that a written consent made by a PM of a country is treated as cheap as a piece of waste paper by his own people.

    The less disgraceful choice may be first to acknowledge the legality and validity of the written consent, then try to negotiate with China to look after your interest.

  • nick
    Tony wrote:
    The mentality that I am speak of is clearly seen in China's opposition to Vietnam's collaboration with BP and ExxonMobil to explore oil in Vietnam's own Exclusive Economic Zone. China wants to be powerful so much that it is willing to ignore international maritime laws in order to get what it wants. If you want other people to feel at peace with China's rise, then actions have to go along with words. You can't just spill honey covered words and then your actions prove other wise.


    On the one hand, China is not such a paranoid that will do whatever crazy things. The Confucian thoughts has always guided China's choices and actions.

    On the other hand, lots (in fact the majority) of Chinese people do not appreciate the so-called "Peaceful Rise" slogan. Rise is hard to be peaceful. At least, China's rise cannot be peaceful, simply because those countries invaded and robbed China are making every effort against China's rise. The horror in their deep heart w...

  • Tony

    I just pick out one example among the numerous examples that demonstrates China's craziness, and perhaps you can explain to me who this is "not crazy."

    Why does China insist on interfering in Vietnam's decision to do business with foreign companies in Vietnam's own Exclusive Economic Zone, in accordance with the 1982 UN Law of the Sea, that has been signed and agreed to by China and the rest of the world?

    If you really want me to not use the word "peaceful rise", I don't have to. The Beijing government can think of a clever, more sweet, more deceptive, more palatable phrase to use. After serious thinking and reflecting by China's finest think tank, the Chinese Academy of Social Sciences decided to come up with the very gentle phrase of "Peace Dove Strategy". Yes, in the Olympics opening ceremony, we saw the gigantic "Peace dove" flapping its wings...ermmm...rising to new heights. Sure, it can be called something else. But the essence of it rema...

  • Pentagon

    Mr. Nick,

    Despite your one-sided reasonings, you're well defending China's acts and I would give you a credit ;) for your acknowlegment that China's rise is not as peacefully as it is in Beijing's Confucian-guided and honey-coated statement.
    Yes, in fact, there is no such thing as "China's peaceful rise."
    Facing the reality of what happened (and happens) all around China's borderline since the 1950s - went on from Tibet, altogether with a 1,000- colonial-year of defending experience, plus over 50 years in an erratic relation since the second World War, no one in this world knows China better than the Vietnamese.
    It does not matter however you're defending China, you cannot deny the fact that if China would make its every move transparently then the rhetoric "peaceful rise" would be appreciated worldwide.

  • newschewer

    If you insist that China is not greedy then why do you defend China's vague claim over the islands and overlook the fact that Hanoi and Beijing were illegally selling and buying teritorry that is not belong to either one? You must not be surprised why people view that letter as scrappy.

  • Pentagon

    Quote - "Now think about the two scenarios: (1) VN does not compromise, fights with China. Lives to lose, economy to damage, people to suffer the life; (2) VN compromises, uses limited sacrifice in exchange of long term peace and harmony with China, economy will be developed, people to enjoy the life.

    Calm down. Which option do you prefer VN to have for the future? Don't be angry. Think about it twice." - quote

    This arguement represents a real Communist Chinese style known roughly as "velvety iron hand."
    But, Nick, there're some things you might intentionally ignore: China's sack is bottomless and China's colonial ambition endlessly exists.
    History proved that the more Vietnam concedes the more China aggravates.

    I do not buy such arguing.

    Down to the bottom line, globalization
    will be open-eye and open-mind to both Hanoi and Beijing.

  • Tony  - re:
    nick wrote:
    Back to that letter, the written consent.

    In western countries the significance of written consent has long been well established. Should you sell or buy a home, deal with court issues, or any other important things, written documents are crucial. As long as you made it in written, it is fixed, done, no more gabbing regardless what.

    It really astonishes lots of people (especailly general western people) after knowing that a written consent made by a PM of a country is treated as cheap as a piece of waste paper by his own people.

    The less disgraceful choice may be first to acknowledge the legality and validity of the written consent, then try to negotiate with China to look after your interest.

    Do you think North Korea can write a letter to China telling China that it will give South Korea to China and that letter be legal? Read what the experts say brother.

  • nick  - re: re:
    Tony wrote:
    Do you think North Korea can write a letter to China telling China that it will give South Korea to China and that letter be legal? Read what the experts say brother.


    You are making an inappropriate comparison. North Korea and South Korea are two different countries, which are recognized by the UN as well as the more extensive international society. Were North VN and South VN two different countries? I doubt you will say YES. Anyway, it is the fact that North VN and South VN were not two countries, but two political and military cliques within the boundary of VN. There was and is one VN, right?

    When North VN acknowledged China's sovereignty over South China Sea, at least half of your people consented to the statement. After North VN defeated South VN and united the country, the south was in fact under the governing of the united VN and should be subject to the will and policy of North VN. Therefore, the written consent made by the North government should be ...

  • leduc

    Nick,

    Are you sure you understand anything about world history? If you say that North Vietnam and South Vietnam officially called the Democratic Republic of Vietnam (i.e. North Viet Nam) and the Republic of Vietnam (i.e. South Viet Nam) were not two officially recognized countries, please go back and read world history before we can speak further.

    Tony

  • nick  - re:
    Tony wrote:
    I just pick out one example among the numerous examples that demonstrates China's craziness, and perhaps you can explain to me who this is "not crazy."

    Why does China insist on interfering in Vietnam's decision to do business with foreign companies in Vietnam's own Exclusive Economic Zone, in accordance with the 1982 UN Law of the Sea, that has been signed and agreed to by China and the rest of the world?


    Who says your intended business with foreign companies is in your territory? At least China does not think so. China does not agree with VN's claim, just like that VN does not agree with China's claim.

    The dispute on South China Sea cannot be solved according to the 1982 UNLOS. A simple example: many of Malaysian islands are within the would-be exclusive economic zone of Indonesia, and vice versa, many of Indonesia islands are within the would-be exclusive economic zone of Malaysia. Are the two countries snatching each other's islands based on th...

  • nick  - re:
    Pentagon wrote:
    ...
    This arguement represents a real Communist Chinese style known roughly as "velvety iron hand."
    But, Nick, there're some things you might intentionally ignore: China's sack is bottomless and China's colonial ambition endlessly exists.
    History proved that the more Vietnam concedes the more China aggravates.

    I do not buy such arguing.
    ....


    Well, certainly you have the right not to "buy such arguing". But again, you'd better consider the future for your country, which I referred to two scenarios: (1) VN does not compromise, fights with China. Lives to lose, economy to damage, people to suffer the life; (2) VN compromises, uses limited sacrifice in exchange of long term peace and harmony with China, economy will be developed, people to enjoy the life.

    You want your motherland to have a bright future, rather than doomed to struggle under the pressure of rivalry with China, right?

    If you think China could be so greedy that your co...

  • nick  - re:
    newschewer wrote:
    If you insist that China is not greedy then why do you defend China's vague claim over the islands and overlook the fact that Hanoi and Beijing were illegally selling and buying teritorry that is not belong to either one? You must not be surprised why people view that letter as scrappy.


    To reply your queries, I raised these for your consideration:

    China thinks Nansha Islands belong to China (I understand you insist they belong to your country). At present the islands are mostly occupied by Vietnam, but China wants to take it back. No greed.

    You should be aware of the fact that North VN and South VN were not two countries, but two political and military cliques within the boundary of VN. After the North defeated the South and united the country, the south was in fact under the governing of the North and accordingly, should be subject to the will and policy of the North. Therefore, the written consent made by the North should be inherited and still val...

  • nick  - re:

    Be objective and realistic, consider these facts:

    (1) In 1950s China was outside of the UN and especially isolated by western countries. China had limited friends and supports. At that hard time, there was no reason for China to deliberately create more enemies that make life harder by claiming an item that does not belong to China.

    (2) Nowadays China is determined to rise, whether the rise is peaceful or not. Regardless other parties are happy, China is determined to wash off the historical humiliation she suffered, and will take back some of her lost belongings (territory and national treasures).

    (3) Although occupied by Vietnam at present, China cannot allow Vietnam to occupy her territory forever, it is a shame that China's islands are in the hands of Vietnam, which is a much weaker and smaller country. China is determined to take her islands back sooner or later.

    (4) China is not greedy, at least modern China has no interest to invade other countries' territory. See...

  • leduc

    Nick,

    1- It is funny that in (1) you said "an item that does not belong to China" - which is the most correct thing you said so far. And then in (2) you say that the islands belong to China.

    2- Let's be honest and say it (like Mao has been saying it). China is basically greedy. It's OK to admit it if it's the truth. IT's worse when you try to deny it while everybody knows it. It's not gentlemanly.

    3- You judge a person by his friends. Look at the list of China's intimate buddies: Pakistan, Burma, North Korea, Sudan. Hmmm...these countries are not going to be on the list of most admired countries any time soon.

    5- A brain tank in China also came up with the beautiful phrase of "Peace Dove Stragegy". Jeez, such great brains.

    6- We are not advocating hostility to China. We are only telling the world the truth about China and its bottomless appetites for things that don't even belong to it. We are telling the world from our experience, our point of view...

  • Tony  - re: re:
    nick wrote:
    Tony wrote:
    I just pick out one example among the numerous examples that demonstrates China's craziness, and perhaps you can explain to me who this is "not crazy."

    Why does China insist on interfering in Vietnam's decision to do business with foreign companies in Vietnam's own Exclusive Economic Zone, in accordance with the 1982 UN Law of the Sea, that has been signed and agreed to by China and the rest of the world?

    Who says your intended business with foreign companies is in your territory? At least China does not think so. China does not agree with VN's claim, just like that VN does not agree with China's claim.

    The dispute on South China Sea cannot be solved according to the 1982 UNLOS. A simple example: many of Malaysian islands are within the would-be exclusive economic zone of Indonesia, and vice versa, many of Indonesia islands are within the would-be exclusive economic zone of Malaysia. Are the two countries snatching each other's islands...
  • Tony  - re: re:
    nick wrote:
    newschewer wrote:
    If you insist that China is not greedy then why do you defend China's vague claim over the islands and overlook the fact that Hanoi and Beijing were illegally selling and buying teritorry that is not belong to either one? You must not be surprised why people view that letter as scrappy.

    To reply your queries, I raised these for your consideration:

    China thinks Nansha Islands belong to China (I understand you insist they belong to your country). At present the islands are mostly occupied by Vietnam, but China wants to take it back. No greed.

    You should be aware of the fact that North VN and South VN were not two countries, but two political and military cliques within the boundary of VN. After the North defeated the South and united the country, the south was in fact under the governing of the North and accordingly, should be subject to the will and policy of the North. Therefore, the written consent made by the North should be inherited a...
  • nick  - re:
    leduc wrote:
    Nick,
    1- It is funny that in (1) you said "an item that does not belong to China" - which is the most correct thing you said so far. And then in (2) you say that the islands belong to China.
    ...


    You should read my post more carefully to enhance your understanding on what I said.

    Anyway, here I spend one minute to explain it further. "that hard time, there was no reason for China to deliberately create more enemies that make life harder by claiming an item that does not belong to China" means If the islands do not belong to China, China has no reason to claim them, because that will make more enemies and the life will be harder, that's stupid. The fact is China was claiming the islands that belong to China, i.e., the islands are China's. The logic is that simple.

    I don't spend time to argue the other points.

  • Tony  - re: re:
    nick wrote:
    leduc wrote:
    Nick,
    1- It is funny that in (1) you said "an item that does not belong to China" - which is the most correct thing you said so far. And then in (2) you say that the islands belong to China.

    You should either read my post more carefully to enhance your understanding or go back to study a bit more English to enable you to understand what I said.

    Anyway, here I specially spend one minute to explain that for you. "that hard time, there was no reason for China to deliberately create more enemies that make life harder by claiming an item that does not belong to China" means If teh item does not belong to China, China has no reason to claim it, because that will make more enemies and the life will be harder, that's stupid. The fact is China was claiming an item that belongs to China. The logic is that simple.

    I don't spend time to argue other points you raised.

    __________________
    Thank you for your clarification. But i...

  • nick  - re: re: re:
    Tony wrote:
    Nick, be serious. If South VIetnam was not a country in itself, why did it have ambassadors to countries? Why did countries send ambassadors to it? Even Taiwan, which is not recognized by the U.N. and do not have ambassadors from other countries stationed in Taiwan is considered to be an independent entity. How could you then say that a country with a government, an official flag, ambassadors, etc.. is not a country but a mere "clique". Your argument here is senseless.


    So you mean, South Vietnam was one COUNTRY, and North Vietnam was another COUNTRY.

    Well, we don't care much of that. What we care is that the COUNTRY South Vietnam was wipped out by the COUNTRY North Vietnam, and therefore, the islands used to be controlled by the COUNTRY South Vietnam was later become the COUNTRY North Vietnam's. Because the minister of the COUNTRY North Vietnam had already cosented the islands are China's, so now the islands are China's. Any problem in logic? anything...

  • Tony

    Nick: So you mean, South Vietnam was one COUNTRY, and North Vietnam was another COUNTRY.

    Well, we don't care much of that.

    _____________________

    "We don't care". I am not surprise. That is exactly China's attitude.

    Again I repeat. If you're so sure right is on your side, urge China to take the matter to court. Unless you don't care about law either.

  • nick  - re: re: re:
    leduc wrote:
    Nick,
    Thank you for your clarification. But in your point (1), your statement alone does not indicate whether China was or was not claiming it. Your English is in fact not clear. So I would advise you to express your thoughts more clearly in the future.
    ...


    OK, I'll pay more attention to the clearness of my presentation in the future.

    But you know China made the claim, and the minister of North Vietnam consented China's claim, don't you?

  • Tony  - re: re: re: re:
    nick wrote:
    leduc wrote:
    Nick,
    Thank you for your clarification. But in your point (1), your statement alone does not indicate whether China was or was not claiming it. Your English is in fact not clear. So I would advise you to express your thoughts more clearly in the future.
    ...

    OK, I'll pay more attention to the clearness of my presentation in the future.

    But you know China made the claim, and the minister of North Vietnam consented China's claim, don't you?

    __________________
    The minister of NOrth Vietnam sent a "diplomatic note" saying that he supported the 12-nautical mile territorial water of China. He did not mention any particular geographical location. It is not an official signing over of land. It is not an international convention. And most importantly, it wasn't his land. It wasn't North Vietnam's land. Can't give away someone else' land. Not acceptable in law. Period!

    Honestly, even if PVD did not write that diplomatic note, would...

  • Kelvin

    Nick and Mao as well as other Chinese people:

    Why do you guys keep avoiding Tony's question about the resolution of this case in the International Court of Justice?

    I repeat again:
    Do you support this case to be resolved by the ICJ?

    Just answer YES or NO, no quarrel.

  • Tony

    Kelvin,

    I think anyone who reads this forum would agree that we advocate a very peaceful method of dealing with disputes, and that is having the parties involved settle their differences fairly, equitably, multi-laterally, and based on international law and standards.

    China and those who support it reject all these values and credible way of resolving disputes. It is because they know deep down in their heart that they only stand to lose if such a method of resolution were pursued. So they opt for intimidation, deception, belligerence, and oftentimes condescending assurance. We see it here in plenty, and that's the tone of "Join us. We won't do anything to you. Don't fight us. You will only suffer." It is both a threat and an assurance, meant to subdue those who are weak of heart. But we Vietnamese are not weak of heart.

    Thanks for restating the question for me. We could really go somewhere if we would get a definite answer as to what supporters of China's claims th...

  • nick

    Straightly speaking, China does not bother to appeal to the International Court of Justice. You may say that is stubborn or arrogant, but have you seen any big country (say, your dream lover, US) ever used International Court of Justice to solve any serious problems? Why do you guys expect China to use ICJ?

    The foreign policy of a country is set up regardless what you or I say. Be realistic. China is determined to take the islands in South China Sea back, sooner or later, and not to resort to ICJ. If you insist not to compromise, the future of Vietnam can nearly be predicted: refer to the two scenarios I put forward in the previous post.

    You decide your future. Curse and complaints do not help. Your life, your choice.

  • Tony

    BTW, the case of Gulf of Maine, which was a dispute between the U.S. and Canada was resolved by the ICJ in 1984. So don't think that all countries are just like China.

  • nick

    In reality, a government is not so emotional as an individual person. Both Chinese government and Vietnamese government choose to leave the dispute before they find a way to solve the dispute peacefully. Interestingly, the people in both countries are complaining their government is not tough enough against the opposing country.

  • Tony  - re:
    nick wrote:
    Straightly speaking, China does not bother to appeal to the International Court of Justice. You may say that is stubborn or arrogant, but have you seen any big country (say, your dream lover, US) ever used International Court of Justice to solve any serious problems? Why do you guys expect China to use ICJ?

    The foreign policy of a country is set up regardless what you or I say. Be realistic. China is determined to take the islands in South China Sea back, sooner or later, and not to resort to ICJ. If you insist not to compromise, the future of Vietnam can nearly be predicted: refer to the two scenarios I put forward in the previous post.

    You decide your future. Curse and complaints do not help. Your life, your choice.

    Basically speaking, neither you nor the Chinese government care for the law, just for your own selfish interest.

    The end.

  • paris

    mao,

    Following your logic the Macau island should stay with Portugal and Hongkong would stay with the British. Oh, I forgot Taiwan!

    I don't think any intenational laws would give land to a country occupying it by force. It peaceful settlement of people perhaps...

    Nevertheless, the real question: would your government accept to abide by international laws or does it believe only in its military force?

  • Yoko

    Paracel Islands belong to PRC.It is the truth. Why should we resolve it in the International Court?
    Vietnam always has a firm position regarding its ownership of these islands.
    But that does not mean Paracel Islands belong to Vietnam.
    Should Vietnam always had a firm position regarding its ownership of Manhattan Island, it could demonstrate Manhattan belongs to Vietnam?

  • Yoko

    Paracel Islands belong to PRC.It is the truth. Why should we resolve it in the International Court?
    Vietnam always has a firm position regarding its ownership of these islands.
    But that does not mean Paracel Islands belong to Vietnam.
    Should Vietnam always had a firm position regarding its ownership of Manhattan Island, it could demonstrate Manhattan belongs to Vietnam?

  • hoang sa

    Mao,
    You cannot assimilate domestic law to international law. What you are talking about (after 20 or 30 years you can no longer prosecute a case), that's the domestic US Statute of Limitations which does not apply in international law.
    If an International Court decides that the Paracels belong to Vietnam, there will be a change of authorities, not of population. This means the chinese authorities will have to vacate the islands and the Vietnamese government will take over. As for the private citizens who live there. I guess the vietnamese government might let them live there if they want to stay there (this is only a guess, becasue I don't know). If not, they could move back to China.

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