Thanks you for re-post and sorry for missed your post.
I happy if some Chinese known about UNCLOS. Now, Lets us study who are right?
Three factors that required for a state to successfully assert a claim to historic waters:
1. State which claim historic title should exercise sovereignty in the waters
What is exercise sovereignty? It's action that to control and manage by Government.
Vietnam have enough evidenced that from 300 years ago, we continues have action to manage Paracel (Hoàng Sa) until China invaded by their Military in 1979 (illegally action).
For Spraty, we are the first one occupied and keep it until today. In 1979, 1986, China started to invade some Island in Spraty. However we can not claim all islands in Spraty but Almost.
China, as you said, only start to claim from 1947 and 1953. And don't have any exercise until 1974 for Paracel and 1979/1986 for Spraty.
2. The exercise of sovereignty should have been continuous for a long time and should have become the usage
Yes, It's important. Vietnam have document to shown that from
Nguyen Dynasty to France Colonized to
Republic of Vietnam to Socialist Republic of Vietnam continuous claim and have action to managed like:
- Sent troop to managed an harvest resource.
- Occupation.
- Managed as a part of province.
And What China have. Like the map I shown in previous topic. China only have some document to prove they had been sent troop to discovery and measure those Island. It's not continuous. A lot of China official documents are written that China border end at Hainan.
China also don't have any usage action until 1974 when she invaded and occupied Paracel.
3. It should be tolerated by other states.
Yes, until 1947, no-one claim Vietnam's sovereignty of those Islands.
And Vietnam have strong evidence follow UNCLOS 1982 than China
I will back to your main point in next topic.
Vietnam official document to prove that Paracel and Spraty is a part of Quang Ngai Provice. Vietnam from 17th Century.
I already post this in another thread, just in case u didn't read it, i post it again.
This is a summary from an article I found about south china sea.
U should read article 15 of the 1982 UNCLOS.
Article 15
Delimitation of the territorial sea between Stateswith opposite or adjacent coasts
Where the coasts of two States are opposite or adjacent to each other,neither of the two States is entitled, failing agreement between them to thecontrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which thebreadth of the territorial seas of each of the two States is measured. Theabove provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of thetwo States in a way which is at variance therewith.
The term historic rights denotes the possession by a state, over certain land or maritime areas, of right that would not have been acquired by that state through a process of historical consolidation. The concept of historic waters rests upon customary law, it was not dealt with in either the 1958 territorial sea convention or the 1982 UNCLOS.
Three factors that required for a state to successfully assert a claim to historic waters:
1. State which claim historic title should exercise sovereignty in the waters
2. The exercise of sovereignty should have been continuous for a long time and should have become the usage
3. It should be tolerated by other states.
China when established the eleven dots(1947),nine dots(1953), didn't receive any dissents from international society at that time, these amounted to acquiescence. China also have the document which vietnam government agreed about china territory(1958).
