With its dubious historic claims,  At the regular press conference of the Chinese Foreign Ministry on Monday, spokesman Qin Gang said: "After considering the relevant content in the press conference held by the Vietnam Ministry of Foreign Affairs last Friday (May 23), I find it funny and ridiculous. Much of the historical evidence indicates that the He also said: From the second century BC, the Han Dynasty and the Chinese conducted maritime operations in the To clarify the fallacious arguments of Chinese, we talked with Dr. Tran Cong Truc, former Head of the Government’s Frontier Committee. Dr. Truc emphasized that the Chinese side is completely wrong. Why? "Yes, the Chinese claim that they have historical evidence to prove that Xisha (Hoang Sa Archipelago of Vietnam) and Nansha ( He continued: “We have also done a lot of analysis and evaluation of this issue. He said: “To be able to clearly determine whether that theory of “There are islands in the "The argument that To assert and defend their claims, both " According to Dr. Truc, at the present time, to assess in an objective and scientific manner the legal points used by the parties in sovereignty disputes, we need to understand some of the main content of the principles determining the acquisition of national territory in international law. Dr. Truc stated: “In the long history of the development of international law, the principles and legal norms on the establishment of sovereignty have been formed on the basis of international practice, including methods of acquisition of territory. From the sixteenth century, the development and growth of the countries like the “In that context, the maritime powers found the legal principles applicable to the acquisition of territory to the territory that they had just discovered. That is the principle of ‘right by discovery’. This principle gives priority of occupation of a territory to the nation that discovered that territory first. However, in practice, the principle of ‘the right by discovery’ has never brought sovereignty to a country that discovered the new territories. Because it is not possible to determine what ‘discovery’ is, the legal value of the discovery, who was the first to discover it, and what is taken to mark that behavior of discovery. Therefore, the concept of discovery was quickly supplemented by the idea of nominal occupation, meaning that the country discovering a new territory must leave traces of its presence there. “However, the principle of nominal occupation could not fundamentally resolve complicated disputes between the powerhouses for the ‘promised lands’, especially the territories of “Therefore, after the conference on Africa in 1885 of 13 European countries and the Principles of "Effective Occupation" Article 3, Article 34 and Article 35 of The Treaty of Berlin signed in 1885 determines the content of the principles of Effective Occupation and the essential conditions for the Effective Occupation as follows: First: There must be notification of an occupation to the nations joining this treaty. Second: Maintaining the territories in which a power has claimed occupation is sufficient to ensure that the occupation is respected. According to Dr. Truc, the Declaration of the Lausanne Institute of International Law in 1888 emphasized: "Every occupation that wants to make nominal sovereignty ... must be true, i.e., real, not nominal". This statement made the principle of effective occupation of the Berlin Treaty has the common values in international law, allowing for sovereignty disputes between countries all over the world to be considered and resolved. The main contents of the effective occupation principle in international law include the following factors: First: The establishment of territorial sovereignty must be conducted by the state. Second: The occupation must be conducted peacefully on a derelict territory (Res nullius) or on a territory abandoned by a country that had previously owned it (derelicto). Third: The use of force to occupy the territory is unlawful. The occupying state must enforce its sovereignty in the necessary levels, at least appropriate with the natural conditions and population of that territory. Fourth: The exercise of sovereignty must be continuous and peaceful. Now, although the Saint Germain Convention of 1919 declared the Berlin Treaty void on the basis that the world no longer had derelict territories, lawyers and international tribunals have continued to apply its principles to resolve sovereignty disputes over islands. For example, the La Haye International Tribunal in April 1928 applied these principles to resolve disputes between More recently, the International Court of Justice decided in favor of Nguyen Hoa, |
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Article 3
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