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who have conflicting sovereignty claims must agree to adjudication. Vietnam has
neither the diplomatic or military means to reassert its sovereignty claims. For
example, during the late 1990s the Association of South East Asian Nations (ASEAN)
and China negotiated about a code of conduct for the South China Sea. Vietnam
wanted to include mention of both the Paracel and Spratly islands. China objected
and Vietnam’s regional friends backed down. No mention of the Paracels was made;
the code of conduct was watered down into a non‐binding Declaration on Conduct
of Parties in the South China Sea adopted in 2002.
The historical record makes clear that China has been both assertive and aggressive
in pressing its historical claims to the South China Sea. Prior to January 1974 China
only controlled the northern Paracel Islands. Since then China has used military force
on two occasions to take possession of islands. The first was in January 1974 in the
southern Paracels. The second was in March 1988 when Chinese naval vessels
attacked communist Vietnam’s naval forces near Johnston Reef in the Spratly
archipelago. China then proceeded to occupy several features. In 1992, China
extended its occupation in the Spratlys by occupying more features. In 1995, in a
new development, China occupied Mischief Reef at the eastern boundary of the
Spratly islands. Mischief Reef was claimed by the Philippines. Subsequently China
build up fortifications on Mischief Reef. Both Vietnam and China have militarized the
islands and features in their possession.
Patriotic overseas Vietnamese are understandably angered by the lapse in judgment
by the National Geographic Society. If left unchallenged it would be an example of
acquiescence to Chinese aggression. Overseas Vietnamese must continue to press
their views by not allowing the anniversary of Chinese aggression in January 1974 to
pass in silence. They can also raise this issue with their congressional
representatives, appropriate international bodies and the government in Hanoi.
International law favors states as having standing in the case of sovereignty claims.
Silence by Vietnam would prejudice its claim. There is an old American adage that
“possession is nine tenths of the law.” In order to prevent this adage from becoming
accepted in the case of the Paracels, Vietnam must continuously press its claim. It
must object to each and every act by China that can be used by Beijing to claim it has
sovereignty. Failure to keep this issue alive will result in the assumption that Vietnam
has abandoned its sovereignty claim.