Title Page
ABSTRACT
LIST OF ABBREVATIONS
Contents
Chapter I: Introduction 18
1. Overview 18
2. Research Methodology 24
3. Research Scope 25
Chapter II: China's recent disputes in the South China Sea with Vietnam viewed from international law perspectives, in respect of Vietnamese national laws and in terms of international political aspects 27
1. China's disputes in the South China Sea with Vietnam, viewed from international law perspectives 28
1.1. Actions infringing upon Vietnam's sovereignty 28
1.2. Actions infringing upon Vietnam's sovereign rights and jurisdiction 29
1.3. China's placement of Haiyang Shiyou 981 oil rig 31
1.4. Evaluation on the recent disputes between China and Vietnam, especially the incident of Haiyang Shiyou 981 32
2. Vietnam's reaction 45
3. Conclusion 46
Chapter III: Sovereign rights and jurisdiction of Vietnam, under the 1982 Convention on the Law of the Sea (UNCLOS) and China's arguments and claims on the East Sea for the deployment of Haiyang Shiyou 981 oil rig 48
1. Sovereign rights and jurisdiction according to UNCLOS 1982 48
2. Vietnam exercises its rights in accordance with the provisions of UNCLOS 52
3. China's unilateral deployment of HYSY 981 oil rig 56
3.1. China's arguments and claims on the South China Sea for the deployment of HYSY 981 oil rig 56
3.2. The legality of China's arguments and Vietnam's position 58
4. Conclusion 81
Chapter IV: Peaceful means for the settlement of disputes under the framework of the Charter of United Nations and UNCLOS 84
1. Charter of United Nations and the settlement of disputes by peaceful means 84
1.1. Negotiation 85
1.2. Enquiry 86
1.3. Mediation 87
1.4. Conciliation 87
1.5. Dispute settlement through United Nations 88
2. UNCLOS and the settlement of disputes by peaceful means, especially conciliation 95
2.1. Voluntary conciliation 96
2.2. Compulsory conciliation 97
3. Lessons and experience for Vietnam regarding peaceful means of dispute settlement in response to violations of China 99
3.1. The UN Security Council 100
3.2. The UN General Assembly 101
3.3. The International Court of Justice 102
3.4. Compulsory conciliation under Annex V, UNCLOS 104
4. Conclusion 108
Chapter V: Regulation of the Arbitral Tribunal constituted in accordance with Annex VII of UNCLOS - Trial practices 111
1. Dispute settlement by the Arbitral Tribunal constituted under Annex VII of UNCLOS 111
1.1. Pre-conditions for the establishment of Arbitral Tribunal 111
1.2. Constitution of the Arbitral Tribunal 114
1.3. Functions of the Arbitral Tribunal 116
1.4. Limitations on applicability of Compulsory procedures under Section 2, Part XV UNCLOS 117
1.5. Exceptions to applicability of Compulsory procedures under Section 2, Part XV UNCLOS 119
1.6. Procedure and validity of the Tribunal's Award 120
2. Practices of dispute settlement by the Arbitral Tribunal constituted in accordance with Annex VII of UNCLOS 122
2.1. The existence of a dispute 122
2.2. Obligation to exchange views 124
2.3. No exclusion of any further procedures from UNCLOS 126
2.4. Default procedure by the Arbitral Tribunal constituted in accordance with Annex VII of UNCLOS 128
2.5. Limitations on applicability of Compulsory procedures under Section 2, Part XV UNCLOS 129
2.6. Exceptions to applicability of Compulsory procedures under Section 2, Part XV UNCLOS 130
3. Conclusion 131
Chapter VI: Application of the Arbitral Tribunal under Annex VII UNCLOS to the current dispute between China and Vietnam - Experience for Vietnam 133
1. Analysis on the applicability of Annex VII Arbitral Tribunal to the current Vietnam - China dispute 133
2. Initiation of a lawsuit against China 138
2.1. The existence of a dispute 138
2.2. Obligation to exchange views and the recourse to peaceful means for the settlement of disputes 139
2.3. No exclusion of any further procedures from UNCLOS 140
2.4. Default procedure by the Arbitral Tribunal constituted in accordance with Annex VII of UNCLOS 141
2.5. Limitations on applicability of Compulsory procedures under Section 2, Part XV UNCLOS 142
2.6. Exceptions to applicability of Compulsory procedures under Section 2, Part XV UNCLOS - Strategic proposals for Vietnam 142
2.7. Benefits for Vietnam 150
3. Conclusion 151
Chapter VII: Conclusion 154
REFERENCES 157
ANNEXES 168