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Legal actions responding to China’s claims in the east sea

Using legal actions is one of the peaceful solutions of international disputes. This article analyses legal grounds and actions which Vietnam may choose to react to China’s claim/conduct which violates the international law, Vietnam’s sovereignty, sovereign rights and jurisdictional rights and threatens peace and international security in the East Sea (South China Sea). | Vietnam Social Sciences, No. 4(162) - 2014 LEGAL ACTIONS RESPONDING TO CHINA’S CLAIMS IN THE EAST SEA LE MAI THANH * Abstract: Using legal actions is one of the peaceful solutions of international disputes. This article analyses legal grounds and actions which Vietnam may choose to react to China’s claim/conduct which violates the international law, Vietnam’s sovereignty, sovereign rights and jurisdictional rights and threatens peace and international security in the East Sea (South China Sea). Key words: Paracels Islands, Spratly Islands, legal, evidence, the East Sea. 1. Applicable legal grounds 1.1. Sovereignty over islands 1.1.1. Paracel Islands and Spratly Islands i) Paracel Islands Paracel Islands lie off the coast of Quang Tri, Thua Thien Hue, Quang Nam and part of Quang Ngai provinces. The distance from Tri Ton island in the Paracel Islands to Cap Batangan - continental land of Vietnam and Cu Lao Re (on Ly Son island) is 135 and 123 nautical miles, respectively. The nearest island in the Paracel Islands to Hainan island is 140 nautical miles and that distance to the mainland China is at least 235 nautical miles. The coastal area from Quang Tri to Quang Ngai facing Paracel Islands always catches the Southeast or Northeast monsoon. Paracel Islands have approximately 30 islands, rocks, shoals and islets (the highest being Hon Da island - 50 feet, the lowest being Tri Ton island - 10 feet), of which there are two main groups of islands: Crescent group in the Southwest and Amphitrite group in the Northeast.(1) In terms of administration, Paracel Islands 48 belong to Hoang Sa district, Da Nang. Vietnam has complete sovereignty over the Paracel Islands based on historical and legal evidences regardless of the fact that Chine has controlled the islands since 1974 after invading by force. ii) Spratly Islands These islands spread from 6°2′ to 111°28′ North latitude, 112° to 115° East longitude in a sea area of 160,000 to 180,000 km2. The total area of floating .