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'Hộ chiếu lưỡi bò': Vô giá trị và chỉ để mị dân

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Trước việc Trung Quốc cho in bản đồ đường lưỡi bò trên hộ chiếu và lưu hành trong thời gian gần đây, có nhiều ý kiến lo ngại về tính chất pháp lý của bản đồ.

 

Thạc sĩ Hoàng Việt, giảng viên ĐH Luật TP HCM, thành viên Quỹ Nghiên cứu Biển Đông.

 

(ĐVO) Đất Việt đã có cuộc trao đổi với ThS.Hoàng Việt để giúp các bạn hiểu rõ hơn về vấn đề này.

 

PV - Việc Trung Quốc in bản đồ đường lưỡi bò lên hộ chiếu có được coi là hành động xác lập chủ quyền “lưỡi bò” không?

Thạc sĩ Hoàng Việt - Nó không được coi là hành động xác lập chủ quyền mà chẳng qua chỉ là một chiêu trò mị dân, vỗ về chủ nghĩa dân tộc Trung Quốc mà thôi.

 

Đường lưỡi bò bản thân nó đã không có hiệu lực và không được pháp luật quốc tế công nhận thì việc in nó lên hộ chiếu cũng đồng nghĩa với việc không được chấp nhận theo luật pháp quốc tế. 

Rất nhiều nhà nghiên cứu quốc tế đã lên tiếng phản đối đường đứt khúc 9 đoạn vô lý này của Trung Quốc (*). 

- Vậy ý định thực sự của Trung Quốc đằng sau hành động này là gì?

- Trước đây là việc Trung Quốc cắt cáp tàu thăm dò dầu khí Bình Minh 02 và Viking II của Việt Nam, tiếp theo đó Tổng công ty Dầu khí Hải dương Trung Quốc CNOOC mời thầu phi pháp 9 lô dầu khí của Việt Nam. Và bây giờ là hộ chiếu lưỡi bò. Tất cả nằm trong ý định hiện thực hóa đường yêu sách đứt khúc 9 đoạn của Trung Quốc, đánh lừa người dân và thế giới để họ ngộ nhận về chủ quyền không có thực trên khu vực biển Đông. Nói ngắn gọn là lòe dân bịp thiên hạ.

- Trong trường hợp một nước thứ 3 không liên quan và cũng không có lợi ích tại biển Đông đóng dấu thị thực trên hộ chiếu mới của Trung Quốc thì sao?

- Đó là vấn đề giữa cơ quan nhập cảnh của một quốc gia với công dân của một quốc gia khác chứ không thể hiện quan hệ đối ngoại giữa hai quốc gia. Nói một cách khác thì con dấu thị thực ngoài ý nghĩa cho phép công dân đó được phép nhập cảnh  thì không thể thay thế cho sự đồng tình hay chấp thuận cho một nội dung nào khác.

- Trước đây, có ý kiến cho rằng “Trung Quốc không còn nhiều chiêu bài ở biển Đông”, nhưng sau hành động này, nhiều học giả (ví dụ như GSCarl Thayer – Học viện Quốc phòng Australia) đánh giá là “chưa hề có tiền lệ” (**). Phải chăng Trung Quốc vẫn còn nhiều chiêu?

- Trong trường hợp mà TS.Trần Trường Thủy nói, “chiêu bài” ở đây được hiểu theo nghĩa là các luận điểm pháp lý biện minh cho yêu sách đứt khúc 9 đoạn, và quá trình xác lập, thực thi chủ quyền của Trung Quốc ở biển Đông. 

Chiêu bài hộ chiếu của Trung Quốc nhắm vào việc hiện thực hóa đường lưỡi bò, tức là tạo ra chứng cứ để sau này xét lại Trung Quốc có cái mà nói đến việc gọi là “thực thi chủ quyền đường lưỡi bò”. 

Tất cả những gì hai bên đang đấu tranh đều cho tương lai, và tới thời điểm đó thì ngày hôm nay trở thành quá khứ, do đó, chúng ta không thể để Trung Quốc biến âm mưu này thành sự thật.

Chiêu bài này cũng nhắm vào việc làm dư luận hoang mang, nên chúng ta cần tỉnh táo và hiểu rằng nước đi này của Trung Quốc là hoàn toàn vô giá trị trên luật pháp quốc tế. Ngoài Việt Nam còn có Philippines, Ấn Độ, Đài Loan lên tiếng phản đối. 

 

Giáo sư Carl Thayer, Học viện Quốc phòng Australia.

 

(**) "Bản đồ không làm nên chủ quyền"

 Liên quan đến hộ chiếu mới của Trung Quốc, Đất Việt đã có cuộc trao đổi ngắn với giáo sư Carl Thayer, thuộc Học viện Quốc phòng Australia.

- Thưa giáo sư, Trung Quốc vừa cấp cho công dân sự dụng hộ chiếu mới có in hình đường 9 đoạn, còn gọi là "đường lưỡi bò" trên biển Đông, xâm phạm trắng trợn chủ quyền Việt Nam? Ông đánh giá thế nào về vấn đề này?

- Tôi đã được biết thông tin này qua VOA. Tôi cũng được biết Việt Nam đã áp dụng một vài biện pháp đối phó với tình trạng này. Tôi không biết về tất cả các loại hộ chiếu trên thế giới, nhưng theo những gì tôi biết, chưa hề có tiền lệ nào như thế cả.

Hộ chiếu chỉ là một giấy tờ thông hành, nó không hề có giá trị pháp lý. Bản đồ nói chung chỉ được coi là một kênh thông tin khi đưa ra tòa án quốc tế. Việt Nam đã có rất nhiều bằng chứng cho thấy trong lịch sử, Việt Nam đã xác lập chủ quyền trong khu vực đó:có chính quyền, có người dân ở… Bản đồ không làm nên chủ quyền.

- Xin cám ơn ông về cuộc trò chuyện này!

 

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