In 1974, Taking advantage of an inevitable defeat of the
South Vietnamese Government, China used force to grab the western part of the
Paracel. From the angle of international laws, some conclusions can be made
First, China’s use of force to grab the islands and
archipelagoes in the South China Sea was a serious violation of Article 2,
Provision 4 of the UN Charter, which prohibits the use of force in
international relations, especially banning the use of force to infringe upon
the sovereignty and territorial integrity of other countries. The contents of
this provision in the UN Charter are fundamental principles of international
laws which require all member states of the United Nations including China to
adhere to.
This principle was developed and specified in Resolution
2625 of the UN General Assembly dated October 24, 1970 which stipulates: “Every
State has the duty to refrain from the threat or use of force to violate the
existing international boundaries of another State or (the threat or use of
force) as a means of solving international disputes, including territorial
disputes and problems concerning frontiers of States.”
Secondly, the fact that China used force to grab the eastern
part of the Paracel Islands in 1956 and then the western part in 1974 was, in
it true natur, an invasion of Vietnam’s territory.
Thirdly, according to international laws, the occupation of
the Paracel islands by means of force did not create evidence for China’s claim
of its sovereignty over the islands and rocks they had seized by force. UN
General Assembly Resolution 2625 on 24th October 1970 clearly
stipulates: “The territory of a State shall not be the object of military
occupation resulting from the use of force in contravention of acquisition by
another State resulting from the threat or use of force. No territory
acquisition resulting from the threat or use of force shall be recognized as
legal.”
China’s invasion of the Paracel did not consolidate the
legislation for Chinese sovereignty in the South China Sea. Such act was
condemned by international communities, and China’s legal profile once employed
to prove Beijing’s sovereignty of the South China Sea would undoubtedly be
rejected by international courts.
In conclusion, in accordance with international laws,
China’s use of force to occupy the Paracel in 1956 and 1974 seriously violated
the provision of UN Charter “Inhibition of the use of force in international
relations” and is described as an “act of invasion”. Even if China
continues its occupation of the Paracel for another 100 years, it will have no
sovereignty over the islands. As a proverb goes: “What belongs to Cesar must be
returned to Cesar”, the Paracel that belongs to Vietnam will sooner or later be
returned to Vietnam. It is a historical and unchangeable fact.
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