The core issue to be settled in the Gulf of Tonkin is which principle should be used in order to divide the Gulf. In this context, the impact of islands is of crucial importance and, in particular, the Vietnamese controlled Bach Long Vi Island. The first question is whether or not it qualifies as an island according to the provisions of the 1982 United Nations Law of the Sea Convention (1982 UNCLOS). If it does impact on the tracing of a line of equidistance if this principle is applied in the Gulf of Tonkin. Logically, Vietnam would take the position that Bach Long Vi Island should have its full impact in any agreement on how to divide the Gulf. On the other hand, China has an interest in minimising the impact that the Island would have on any agreed delimitation. This could be done by, either arguing that Bach Long Vi is not an island in accordane with the provisions of 1982 UNCLOS or, by arguing that its impact should be minimised and possibly even be disregarded. For China to argue that it is not an island would be counterproductive as China has earlier controlled the island and has claimed that the island was inhabited before it was handed-over to Vietnam in the late 1950s.
(The Management of the Border Disputes Between China and Vietnam and its Regional Implications by Assoc.Prof.Ramses Amer, Co-ordinator, South-East Asia Program (SEAP), Department of Peace and Conflict Research, Uppsala University, and Senior Research Adviser, Department of Research Co-operation-SAREC, Swedish International Development Co-operation Agency (SIDA), October 200')
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