Subject: Submission of an Analytical Report on Peaceful and Legal Options for Safeguarding Vietnam’s Sovereign Rights in the South China Sea
To: – His Excellency António Guterres, Secretary-General of the United Nations
– Ambassadors of Member States of the United Nations
Address: United Nations Headquarters, 405 East 42nd Street, New York, NY, USA
From: Republic of Vietnam Government in Exile
Date: December 7, 2025
Mr. Secretary-General and the Ambassadors,
We respectfully transmit to you an analytical report prepared by a group of Vietnamese scholars, legal experts, and independent specialists. The report outlines a comprehensive set of peaceful, diplomatic, and legal options to strengthen the protection of the sovereign rights, jurisdiction, and legitimate interests of Vietnam in the South China Sea, in conformity with:
The Charter of the United Nations, particularly Articles 1(1), 2(3), and Chapter VI;
The United Nations Convention on the Law of the Sea (UNCLOS) 1982, including Articles 56, 58, 74, 83, and 286–298;
Fundamental principles of international law, including the prohibition on the use of force and the principle that territory acquired through force cannot create lawful title (ex injuria jus non oritur);
Relevant jurisprudence of international courts and tribunals;
International human rights and civilian protection standards recognized by the Council of Europe and global mechanisms.
1. Purpose of this submission
This submission is made within the framework of the peaceful dispute settlement mechanisms clearly affirmed in Chapter VI of the UN Charter, including:
Fact-finding and inquiry (Article 34);
Negotiation, mediation, conciliation, arbitration, and judicial settlement (Article 33);
The preventive role of the Secretary-General (Article 99).
The situation in the South China Sea continues to present significant risks to:
Maritime and aviation safety;
Regional peace and stability;
The lives and livelihoods of Vietnamese fishermen, who are civilians protected under international humanitarian and human-rights standards.
It is therefore essential and urgent to pursue peaceful, lawful, and non-confrontational measures in accordance with the international rule of law.
2. Summary of the enclosed analytical report
The attached report offers a comprehensive evaluation of policy options grouped into several categories:
(a) Legal mechanisms under UNCLOS 1982
Initiating partial proceedings under the UNCLOS dispute settlement mechanisms (Arts. 286–298);
Clarifying maritime entitlements relating to the exclusive economic zone (EEZ) and continental shelf;
Promoting compliance with international judgments and with the principle of the rule of law at sea.
(b) Submissions to the Office of the UN Secretary-General
Consistent with international practice, States may submit:
Official notes verbales;
Factual reports;
Historical and legal documentation.
(c) Multilateral and diplomatic measures
Enhanced consultations with international organizations;
Engagement with regional maritime security mechanisms;
Technical, cooperative, and non-confrontational initiatives encouraged by the UN General Assembly and the IMO.
(d) Use of historical archives and evidence
In accordance with evidentiary standards applied by the International Court of Justice (ICJ) in territorial and maritime cases.
(e) Strengthening domestic legal frameworks
Harmonizing national maritime and fisheries legislation with UNCLOS and international environmental and navigation norms.
3. Our proposals and expectations
We respectfully express the following expectations:
1. That the Government of the Socialist Republic of Vietnam will continue to uphold a consistent, constructive, and peaceful approach to resolving disputes in the South China Sea, in strict compliance with the UN Charter and international law, with the aims of:
Safeguarding the territorial integrity of Vietnam;
Preventing conflict and reducing tensions;
Protecting the lives, safety, and lawful fishing rights of Vietnamese fishermen, including their right to access and harvest fish, shrimp, crab, and other marine resources within maritime zones under Vietnam’s lawful sovereign rights and jurisdiction, in accordance with Articles 56 and 58 of UNCLOS, civilian protection standards, and the freedom of navigation.
2. That the United Nations will continue to play a central role in maintaining peace, preventing escalation, and promoting respect for international law in the South China Sea.
3. That Your Excellency the Secretary-General and the Permanent Missions of Member States kindly forward this document to the relevant offices within the UN Secretariat for reference in ongoing efforts to support peace and maritime security in the region.
We reaffirm our commitment to cooperation, dialogue, and respect for international law for the sake of peace, stability, and the legitimate rights of all peoples.
Please accept, Excellency the Secretary-General, Excellencies, Ambassadors, the assurances of our highest consideration.
Best Regards,
On Behalf of the Republic of Vietnam Government in Exile
Quang The Nguyen, President
Address: 1165 Barrington Ct San Jose CA 95121 USA
Email: rvngovernmentinexile@gmail.com
Phone: 408-623-1814
ATTACHMENT
Analytical Report on Peaceful and Legal Options for Safeguarding Vietnam’s Sovereign Rights in the South China Sea
I. Introduction
This analysis presents a structured assessment of the peaceful, diplomatic, and legal instruments available to a coastal State for safeguarding its maritime sovereign rights in accordance with:
the Charter of the United Nations,
the United Nations Convention on the Law of the Sea (UNCLOS) 1982,
international jurisprudence, and
relevant principles of customary international law.
The document is neutral, strictly legal in character, and reflects internationally recognized practices used in maritime disputes around the world.
II. Applicable International Legal Framework – LEGAL BRIEF
This section summarizes the core legal principles that govern maritime disputes, with emphasis on UNCLOS provisions relevant to sovereign rights, jurisdiction, and peaceful settlement.
1. The UN Charter
a. Prohibition of the Use of Force
Article 2(4) prohibits the use or threat of force against the territorial integrity or political independence of any State.
This principle invalidates any maritime or territorial claim obtained through force (ex injuria jus non oritur).
b. Obligation of Peaceful Settlement
Article 2(3) and Chapter VI (Articles 33–38) obligate States to resolve disputes by peaceful means, including negotiation, mediation, arbitration, and judicial settlement.
2. UNCLOS 1982 (Primary Legal Basis)
a. Sovereign Rights within the Exclusive Economic Zone (EEZ)
Under Articles 56 and 58, a coastal State has:
exclusive sovereign rights over natural resources (fish, shrimp, crab, hydrocarbons);
jurisdiction over environmental protection, scientific research, and energy production;
rights to enforce fisheries management and maritime regulations.
b. Freedom of Navigation
Articles 87 and 90 safeguard freedom of navigation and overflight—binding on all States.
c. Continental Shelf Rights
Articles 76 and 77 grant the coastal State inherent rights over the continental shelf. No occupation or proclamation by another State can invalidate these inherent rights.
d. Dispute Settlement Mechanisms
Part XV and Articles 279–298 provide multiple pathways:
ITLOS (International Tribunal for the Law of the Sea)
Arbitration (Annex VII)
Special arbitration for fisheries or environmental issues (Annex VIII)
ICJ jurisdiction where accepted
UNCLOS encourages partial submissions on specific aspects, a method used successfully by various States.
e. Legal Value of Historical Evidence
ICJ and ITLOS jurisprudence (Qatar v. Bahrain, 2001; Nicaragua v. Colombia, 2012) recognize historical documentation as supportive, but not decisive, when weighed against:
effective administration (effectivités)
conduct of States
treaties / international instruments
3. International Jurisprudence and Relevant Precedents
a. Philippines v. China (2016) – Annex VII Arbitration
Key findings relevant to all coastal States:
Historic rights claims inconsistent with UNCLOS are invalid.
Artificial islands cannot generate EEZ or continental shelf rights.
Harassment of fishermen violates freedom of navigation and safety obligations.
b. ICJ Cases Supporting Legal Principles
Qatar v. Bahrain (2001): evidentiary standards for territorial titles.
Romania v. Ukraine (2009): EEZ delimitation using the equidistance principle.
Nicaragua v. Colombia (2012): sovereign rights over EEZ and protection of fishermen.
Costa Rica v. Nicaragua (2018): safeguards for civilian navigation and environmental duties.
III. Peaceful and Legal Options – EXPANDED ANALYSIS
Below is the revised list of peaceful options, now strengthened with legal bases and explicit references to UNCLOS.
1. Partial Legal Remedies under UNCLOS
Initiate Annex VII arbitration concerning specific unlawful actions that affect EEZ rights.
Seek ITLOS advisory opinions on marine environment, fisheries, or navigational safety.
Request clarification on EEZ boundaries under Articles 74 and 83.
Use partial disputes to avoid triggering broader sovereignty issues while safeguarding sovereign rights.
Legal Basis: UNCLOS Articles 279–298.
2. Official Submissions to the UN Secretariat
States may submit:
diplomatic notes (notes verbales),
maps and maritime coordinates,
historical archives,
legal memoranda.
These submissions build an official international record, consistent with UN practice.
Legal Basis: UN Charter Articles 34, 99; UN Depositary functions.
3. Civil Effectivités (Non-Military Administration)
Consistent with ICJ practice, peaceful civil administration supports claims of effective governance. Examples:
fisheries regulation stations;
scientific and meteorological posts;
humanitarian assistance outposts;
regulated settlements or coastal communities.
Legal Basis: ICJ jurisprudence (Qatar/Bahrain; Burkina Faso/Mali).
4. Multilateral Engagement
ASEAN mechanisms (ARF, EAS).
IMO and IHO maritime safety frameworks.
UNGA debates on freedom of navigation.
Indo-Pacific maritime cooperation forums.
Legal Basis: UN Charter Articles 1, 33; regional security frameworks.
5. Non-Offensive Technical Cooperation
Including:
coast guard capacity-building (non-military);
maritime domain awareness;
marine environment and fisheries monitoring;
hydrographic surveys.
Legal Basis: UNCLOS Articles 61–62 (conservation & management of living resources).
6. Strengthening National Maritime Legislation
Harmonizing domestic laws with UNCLOS.
Enhancing fisheries protection consistent with international standards.
Updating maritime safety and environmental laws.
Legal Basis: UNCLOS Articles 192–206, 208–214 (environmental obligations).
7. Scientific Programs at Sea
Oceanographic, meteorological, and climate research.
Joint research expeditions with international partners.
Legal Basis: UNCLOS Articles 240–244 (marine scientific research).
8. International Dissemination of Historical Archives
Publishing digitized archives to reinforce transparency.
Circulating materials to academic and legal communities.
Legal Basis: ICJ standards for historical evidentiary weight.
IV. Conclusion
The eight categories described above form a coherent system of peaceful, lawful, and internationally recognized tools enabling Viet Nam—or any coastal State—to safeguard its sovereign rights while adhering to:
· UNCLOS 1982,
· the UN Charter,
· international jurisprudence, and
· the multilateral framework for peace and stability.
This approach strengthens regional security, enhances cooperation, and contributes to a rule-based maritime order consistent with global norms.
Chính Phủ Việt Nam Cộng Hoà Lưu Vong 