Of The people of the Vietnamese Descent Submission
To The Commission on the Limits of the Continental Shelf
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Also to: - The Secretary of United Nations Office - The Security Council of The United Nations - International Tribunal of Hamburg - International Tribunal of La Hague -
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The National Assemblies and Governments of the World Community Whereas: The territory and the sea sovereignty with all the islands of Paracels and Spratlys of Vietnam had been declared and accepted by several, and naturally recognized in all International Conferences, according to the International laws (Cairo proclamation 1943, Postdam declaration 1945, Champs Élysée Agreement 1949, Peace Accord in San Francisco 1951, Geneva Conference, Conference and Agreement in Paris 1973 and United Nations General Agreement on laws of the sea 1982)
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Whereas:
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For a long time Vietnam is an independent country, with integral territorial sovereignty not divisible, not transferable. The National Sovereignty belong to the people of Vietnam who, and whoever governs the country has only the authority to act according to the people’s will, really own of the country. The most important official document signed by China and France in 1885 was the Treaty of Tientsin in which China recognized the French Protectorate over the Empire of Vietnam whose territory at that time already included these two archipelagoes.
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At the end of World War II, the Victor States met at Cairo, Yalta and Postdam in 1945 to sign the treaties that settled territorial litigations and re-established nations conquered by Germany and Japan. These international treaties did not change the status quo on the territorial sovereignty of the Paracels and Spratlys Islands. A historic event was brought into relief on September 7, 1951 when an international conference was convened in San Francisco to settle post war litigations following the surrender of Japan and the allied States.
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Among the topics in the San Francisco Conference Agenda was the Japanese occupation of the Paracels and Spratlys. At a plenary session of this conference attended by 51 States, after Japan renounced all rights and claims to the Paracels and Spratlys Islands, Vietnamese Prime Minister Tran Van Huu formally declared the re-integration of the two groups of islands to the territory of Vietnam. There are no protest from any States present in the Conference, China and the Philippines included.
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Therefore, this should be regarded as tacit agreement among all attending States, confirming the territorial sovereignty of Vietnam on the Paracels and Spratlys Islands. The act of invading the territory and sea area as well as the islands by military force of the Chinese government such as (invading Spratly island in 1974 part of territory at the border in the north of Vietnam1979, part of Paracels island in 1988 and 1992) or invaded territorial and sea area by under unfair agreement between People Republic of China and the Democratic Republic of Vietnam secretly signed on December 30th, 1999 and 25th, 2000 or by unilateral declaration the inclusion of the Spradlys and Paracels islands in the Chinese Tam Sa province. All that hegemony, invasion, bullying deeds violate the international laws (articles 1, 2 and 3 of the declaration number 3314 of the United Nations conference 1974; United Nations Charter and article 8 of the United Nations common agreement on the laws of the sea in 1982)
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Whereas:
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Protestation against the invasion territorial and the sea area of the Chinese government, are the moral obligation of every single Vietnamese in the country or living abroad. Whereas: The people of Vietnamese descent, both in the country or living abroad, have the moral and legal obligations to protect the established rights of its land, waterways, and natural resources that have been passed on by their ancestors. The Vietnamese descent whose signatures appear below hereby submit this dossier to the Commission on the Limits of the Continental Shelf so as:
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1. To claim the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, to safeguard the interests and rights of people of Vietnamese descent and victims of a colonial domination, in accordance with paragraph 1a) of Resolution III of the Third Conference on the Law of the Sea.
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2. To categorically protest the People’s Republic of China (PRC), has illegally invaded and occupied the Spratlys and Paracels Islands, which belong to Vietnam. The conquest of these islands is aimed at allowing the PRC to illegally expand its continental shelf and to control the affected international seaways.
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3. To categorically condemn the recognition of all agreements made between leaders of the Democratic Republic of Vietnam (DRV) and the PRC that blindly accepted PRC rights over the land, sea, and natural resources which were commonly recognized by the international community as belonging to Vietnam and its people.
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4. To respectfully request the Commission consider additional historical evidences partly presented in this dossier, which were omitted in materials submitted by the Democratic Republic of Vietnam on May 6-2009, and May 7-2009 with the ill intention of unfairly denying Vietnam and its people the right of access to all natural resources that rightfully belong to the land, the seaway, and its people.
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