Share This

Showing posts with label Asean. Show all posts
Showing posts with label Asean. Show all posts

Tuesday 12 July 2016

China's reaction to arbitration depends on provocation


The award of the South China Sea arbitration will be issued at 5 pm Beijing time Tuesday. The US and Japan have claimed that relevant countries, including China, should comply with the arbitration result. They stand in sharp confrontation with China, which has announced that the award would be "nothing but a piece of paper." Whether the arbitration will lead to a severe geopolitical crisis has come under the global spotlight.

The Western media is analyzing how China will respond to the award. Bloomberg posited three scenarios from Beijing, from benign to moderately aggressive or aggressive. It considers that China establishing an South China Sea Air Defense Identification Zone (ADIZ) would be moderately aggressive and towing away the Philippine warship grounded at Ren'ai Reef and construction on Huangyan Island as aggressive.

We believe the Chinese government must have made a series of contingency plans to deal with subsequent actions. What actions China may take on Huangyan and Ren'ai, and whether China will announce a South China Sea ADIZ depends on the reactions of the Philippines to the arbitration result and the degree of US and Japanese provocations.

So far, none of the concerned parties want military confrontation. But all are ratcheting up military preparations. The South China Sea has been clouded by unprecedented tensions. It's uncertain where the situation will head to.

Chinese society pays close attention to the South China Sea situation. After the the post-arbitration wrestling begins, the most important thing for China is to show the outside world the solidarity of its society. For one thing, Chinese society has full confidence in the country's diplomatic and maritime strength; for another, no matter what price China has to pay for the wrangling, all the Chinese will squarely accept it.

The Chinese people and government share the same interests and responsibilities. We should not only safeguard territorial sovereignty, but also make the utmost efforts to maintain peace in China's periphery, prolonging China's strategic opportunities for China's rise.

The South China Sea is a big arena. China will devote its varied resources there. China in the past was weak. It could only express determinations through demonstrations or a few activists visiting its own islands in the South China Sea. But now it has multiple means at its disposal. It has become a formidable competitor that deserves respect. No power in the world could split a united China. As long as we stick together, provocateurs are doomed to fail.

Source:Global Times

Related:


China calls for dialogues to resolve disagreement - CCTV News - CCTV.com English http://english.cctv.com/2016/07/12/VIDEjonBZ4jsADHvtfqTLiBu160712.shtml
http://t.cn/R5DT1ML


  Unlawful arbitration cannot negate China's sovereignty over South China Sea: People’s Daily

The arbitration case is actually a trap set by the US and the Philippines in which the arbitral tribunal has played the role of an accomplice.
  

South China Sea arbitration invalid, law experts say

The tribunal has explained the case in an irresponsible way and set a bad precedent, according to experts and scholars from around the world.
Washington’s outsider position undercuts its message as it urges China to respect global maritime no[Read it]

Quotable quotes on S. China Sea arbitration: tribunal's arbitration is unlawful

Western media have hyped up the South China Sea issue for a long time, with reports full of prejudice and distortion. They have purposely created rumors, smeared China and deliberately overlooked voices of justice.
More countries voice support for China's stance

Related posts:

Dialogue 07/10/2016 Differing views on South China Sea   China enhances maritime law enforcement China established Sansha City four...
Jun 29, 2016 ... South China Sea arbitration abuses international law, threatens world .... in maintaining a relatively stable international order after World War II.



Notorious Philippines's Abu Sayyaf & Law abusing tribunal on South China Sea ... ZAMBOANGA CITY: The Abu Sayyaf has announced that it will be ..... 2 million listings worldwide, with revenue of about $2.4 billion in t.

 

Jul 2, 2016 ... America's objective is to contain a rising power, which presents itself as a major challenge to US global hegemony. Geo-strategically, the most .

Jun 6, 2016 ... Dialogue 06/05/2016 South China Sea & Sino-US ties - CCTV ... Arbitral tribunal abusing its power .... US containing a rising Chinese power.

Monday 11 July 2016

不合法的裁决不过废纸一张, Illegal ruling but a waste paper


 China enhances maritime law enforcement
China established Sansha City four years ago to strengthen its maritime law enforcement.

 Chinese navy conducted annual combat drill near Hainan Island & Xisha Islands in #SouthChinaSea
Over 100 vessels and dozens of fighter jets participated in the annual combat drill held on July 8 in South China Sea.

浩渺南海,水天相接。本是商舟渔船自在穿行的地方,近来却波诡云谲颇不寻常。

7月12日,所谓南海仲裁案结果即将出炉。围绕这毫无合法性可言的一纸裁决,一些人筹谋算计、排兵布阵,企图用它来强化对中国的舆论攻势,将莫须有的罪名强加给中国;一些人颠倒黑白、借题发挥,期望以此抹黑中国的形象,把“不守法”的帽子扣向真正的受害者。

种种急不可耐的喧哗与躁动,无一例外都打出了国际法的旗号,南海问题的真相却被有意忽略了——中菲南海争议究竟源于何处?菲律宾南海仲裁案实质为何?仲裁案所激起的种种波澜,又将给南海的和平稳定带来何种影响?

对于这些问题,7月5日在华盛顿举办的“中美智库对话会”,提供了一个视角——即使是一些来自美国的专家也认为,“中国在南海的权益是历史上形成的”“欧洲和其他国家的知名法律专家都表示,南海仲裁案整个过程都是非法的,菲律宾单方提起仲裁,违反了国际法”。

看来,有关南海仲裁案并非难以搞清。拨开一些人以国际法为名蓄意在南海上空制造的迷雾,还原真相,对于中国而言,是维护国家领土主权的神圣使命;对于世界来说,是主持国际公理正义的必然要求。

(一)

一段时间以来,西方舆论连篇累牍渲染南海问题,然而对于南海问题特别是中菲南海争议的历史经纬、事实真相,自诩“主持公道”的西方舆论却“选择性回避”了。

南海诸岛究竟属谁?历史早就给出了明确答案。南海诸岛自古以来属于中国,历代中国政府通过行政设治、海军巡航、生产经营、海难救助等方式持续对南海诸岛及相关海域进行管辖。二战期间,日本在发动全面侵华战争后,侵占了中国南海诸岛。二战结束后,中国根据《开罗宣言》和《波茨坦公告》所作出的明确规定,收复南海诸岛,在岛上派兵驻守并建立各类军事、民事设施,从法律和事实上恢复对南海诸岛行使主权。

在二战结束后相当长一段时间内,美国通过外交询问、申请测量、通报航行飞越计划等方式,承认中国对南沙群岛的主权。中国还曾在南沙群岛有关岛礁上接待过美国军事人员。同期美国出版的地图和书籍等,如1961年版《哥伦比亚利平科特世界地名辞典》、1963年版《威尔德麦克各国百科全书》、1971年版《世界各国区划百科全书》,均确认中国对南海诸岛的主权。

可以说,中国在南海的主权和相关权益,二战结束后数十年没有任何国家提出异议。因为南沙群岛回归中国,是战后国际秩序和相关领土安排的一部分,受到《联合国宪章》等国际法保护;否认中国对南沙群岛的主权,就是对战后国际秩序的否定,就是对国际法的公然违背。

对于南海诸岛属于中国这一点,菲律宾同样心知肚明。菲律宾固有领土范围是由1898年《美西巴黎和平协议》、1900年《美西关于菲律宾外围岛屿割让的条约》、1930年《关于划定英属北婆罗洲与美属菲律宾之间的边界条约》明确规定的。南沙群岛和黄岩岛根本不在上述条约规定的菲律宾版图内。

但自上世纪60年代末南海地区发现丰富的油气资源后,这片原本安宁的水域频起波澜。在巨大资源利益的诱惑下,菲律宾等国开始非法侵占和蚕食属于中国的南沙岛礁,成为南海问题产生的根源。更有甚者,菲律宾等国还以南沙群岛位于自其本国海岸起200海里范围内为由,企图以海洋管辖权主张来否定中国对南沙群岛的主权。

显而易见,在南海问题上,中国绝不是加害者,而是受害者。如果真的遵从法律,应该谴责的是菲律宾等国公然违背国际法和《联合国宪章》的行径,应该禁止的是一切非法侵犯他国领土主权的行为。

作为南海最大沿岸国,中国从维护南海地区和平与稳定的大局出发,在南海问题产生后的几十年里始终保持了极大克制,从未主动挑起争议,也没有采取任何使争议复杂化、扩大化的行动。中国最先提出并始终坚持“搁置争议,共同开发”,坚持通过谈判协商和平解决争议;按照2002年《南海各方行为宣言》所确定的原则,在平等和相互尊重的基础上,探讨与南海声索国之间建立信任的途径;根据1982年《联合国海洋法公约》在内的国际法原则,切实保障在南海的航行及飞越自由。

在过去的几十年里,南海局势总体保持稳定,有关争议得到妥善管控,东南亚地区实现高速发展,这一地区成为世界上和平、稳定和繁荣之地。这自然得益于中国与东盟相关国家的共同努力,但不可否认的是,作为综合国力较强的一方,中国的克制是南海得以保持和平稳定、繁荣发展的最重要原因。中国政府有权利也有能力收复失地,但是中国并没有这样做,目的就是为了南海的和平稳定,以及沿岸各国人民的共同福祉。

遗憾的是,树欲静而风不止。2012年4月10日,菲律宾蓄意挑起“黄岩岛事件”。2013年1月,菲律宾阿基诺三世政府置昔日谈判协商解决南海争议的承诺于不顾,单方面提起有关南海争议的仲裁案。

纵观南海问题演进脉络,2009年以前,虽然相关国家间存在摩擦,但矛盾却总体保持可控。可是从2009年起,南海问题开始步步升级。

为何2009年成为中菲南海争议重要分界线?为何菲律宾阿基诺三世政府会在南海问题上选择一系列政治赌博?

(二)

审视菲律宾在南海问题上逐步走向“活跃”的整个过程,不得不说美国的“战略转变”提供了最有解释力的视角。

2009年1月,奥巴马政府就职,美国外交政策出现方向性调整,在“重返亚太”的战略布局下,南海问题迅速成为美国维护地区霸权地位、对中国进行战略牵制的重要抓手。

2010年7月,时任美国国务卿希拉里·克林顿在东盟地区论坛上宣布美国在南海地区“拥有国家利益”。观察人士指出,此举标志着美国对南海问题开始走向事实上的“选边站”和“引导式”路径,克林顿本人更是在事后回忆称,“这是精心选择的措辞”。此次会议被美方视为“检视美国在亚洲领导地位以及反击中国扩张的临界点”。

正如美国卡托研究所国防外交政策研究室副主任卡本特所言,美国想要通过干预中国与邻国的南海争议来达到制衡中国的目的,“最具挑衅的做法是奥巴马政府支持菲律宾及其对南海争议岛礁的声索”。

大量新闻报道显示,菲律宾正式提起南海仲裁案之后,美国的“深度参与”几乎无处不在。美国律师出任菲方法律顾问,全面帮助菲方向仲裁庭提交总计12册、长达3000页的答复书以回答有关菲方诉求和依据之问题,并一手代理了第一轮口头辩论的文件起草和庭辩。此外,美国多次公开发声,力挺菲律宾非法主张。2014年3月,美菲在华盛顿发表包括所谓以仲裁解决南海国际争端等内容的联合声明;同年4月,奥巴马在与菲律宾总统阿基诺三世会谈时再次对菲律宾诉诸国际仲裁表达了公开支持。

人们看到,美国借南海问题无端抹黑中国国际形象,无所不用其极。近年来,国务卿、国防部长、国会议员等各色美国高官在东盟地区论坛、东亚峰会、香格里拉对话会、亚太经合组织会议、七国集团峰会等各种场合,热炒南海问题,试图把“规则破坏者”“现状打破者”“军事扩张者”的帽子强加于中国头上。

人们看到,美国以所谓“航行自由”为借口,以种种手段炫耀武力,实质上推动了南海军事化。美国航空母舰、战略轰炸机多次闯入南海,美国导弹驱逐舰不断抵近中国南海岛礁,美国与盟国在南海的军事演习更是接二连三。美国还敦促东盟国家在南海地区进行联合海上巡逻,支持日本在南海地区进行海上巡逻。

人们看到,美国拉帮结派,迫切希望把南海问题引向多边化、国际化,妄图给中国施加所谓外交压力。美国极力推动在各种地区及全球性多边组织框架下讨论南海问题,企图使东盟在南海问题上统一口径,鼓动日本、澳大利亚、印度、欧盟等与南海问题无关的域外国家和地区关注南海问题。

美国有识之士对于华盛顿在南海问题上制造对抗之举深表忧虑。知名战略学家布热津斯基就曾发出警告,美国在南海必须非常小心,南海问题不应成为美中关系的中心问题。然而,在霸权本性驱使下,美国在南海问题上制造紧张局势、破坏和平稳定的冒险之举依然愈演愈烈。

(三)

事实清楚地表明,菲律宾南海仲裁案完全是一个由美国鼓动操纵、菲律宾挑头、仲裁庭客观上予以配合的针对中国的一个“局”。

这个“局”其实不难看穿,自仲裁闹剧开始后,国际社会“不平则鸣”的正义之声从未停歇。迄今,已有近70个国家和地区组织明确表示支持中方在仲裁案上的立场,其中既有东盟国家,也有域外国家,还有阿拉伯国家联盟、上海合作组织等区域组织。即使在西方国家,也有很多国际法专家从专业角度发表严肃、公正的评论,表达对中方法理主张的认同,表明对该案的批评和质疑立场。

为什么中国立场的支持者那么多,越来越多?归根结底,是因为中方不参与、不接受立场有着充分的法理依据,而菲律宾单方面提起南海仲裁案,仲裁庭违法扩权、滥权,才是在真正破坏国际法。

首先,禁止反言是国际法治的一条基本原则,但菲律宾阿基诺三世政府却置自身昔日承诺于不顾,单方面强行提起仲裁,侵犯了中国按照《联合国海洋法公约》规定享有的自主选择争端解决方式的权利。正如联合国国际法委员会前主席、联合国国际法院特别法官布朗利所言:“一般国际法上不存在解决争端的义务,以正式法律程序寻求解决的程序取决于当事各方的同意。”争端提交国际仲裁,通常都需经当事国达成合意,尊重当事方意愿才是体现“各国主权平等的一种必然结果”。如今,仲裁庭擅自扩大管辖权限、漠视一国之主权,哪里还有“法的精神”?

其次,菲方不顾基本历史常识,妄称中国人历史上在南海没什么活动和存在,从未拥有对南海诸岛的主权。然而,中国渔民在南沙水域捕鱼作业,已成为南沙群岛主人的历史事实,有多个版本的《更路簿》可以证明;19世纪以来的外国文献,也明确记载了只有中国渔民在岛上生产生活的历史事实。法律的基点本就是“以事实为依据”,如今,昭昭青史仍在,凿凿证据如山,菲方却敢如此颠倒黑白篡改事实,对南海岛礁的有关论述缺失最起码的可信度。这样一个“并不构成争端”的无理诉求,竟然被仲裁庭接受,哪里还有“法的权威”?

再有,仲裁庭不顾中方一贯坚持将南沙群岛视为整体的立场,玩弄“切割”伎俩,歧视性地把中国驻守的南沙有关岛礁从南海诸岛的宏观地理背景中剥离出来。对菲律宾等其他国家非法侵占的岛礁,仲裁庭却只字不提,还将有关领土主权问题包装为所谓的岛礁法律地位问题。如此偷梁换柱、翻云覆雨,哪里还有“法的公信”?

南海仲裁案是否具有合法性和正当性?联合国国际法委员会前主席拉奥·佩马拉朱的判断一针见血:中菲南海争端的实质是关于主权和海域划界,而领土主权问题不属于《联合国海洋法公约》调整的范围,划界问题也可据中国政府声明而排除强制仲裁程序,此案仲裁庭对主权和海域划界问题都没有管辖权。菲律宾诉求的实质是领土问题,因此不属于《联合国海洋法公约》调整的范围。

然而,仲裁庭擅自扩大解释其自身管辖权限。对于领土和海洋划界问题,仲裁庭罔顾中菲早已选择谈判协商作为解决相关争议唯一方式这一前提,罔顾中国早已于2006年根据《联合国海洋法公约》将海洋划界争议排除适用强制争端解决程序这一事实,恶意解读此前中菲对争端解决方式的共同选择,轻易否定国与国之间达成的一致意见,严重侵犯中国作为主权国家和《联合国海洋法公约》缔约国享有的自主权利。其实质,不过是为个别国家滥用仲裁程序制造国际舆论实现政治目的提供配合。

培根在《论司法》中写道,“一次不公的判决比多次不平的举动为祸犹烈。因为这些不平的举动不过弄脏了水流,而不公的判决则把水源败坏了”。菲律宾及仲裁庭滥用强制仲裁程序,让《联合国海洋法公约》失去严肃性,其对《联合国海洋法公约》的破坏性、对国际法治秩序的冲击,不容低估。

事实上,很多西方专业法律人士都对强制仲裁程序被滥用表示担忧和关切。如果今后别国都效仿菲律宾的恶劣先例,只要将领土和海洋划界问题包装成《联合国海洋法公约》解释和适用问题即可提交仲裁,不仅会让30多个缔约国所作排除性声明成为一纸空文,也将伤害《联合国海洋法公约》争端解决机制的信誉,破坏《联合国海洋法公约》建立的国际海洋秩序,对现行国际秩序构成重大威胁。

正如英国牛津大学国际公法副教授安东尼奥斯·察纳科普洛斯、英国外交部前法律顾问克里斯·沃默斯利指出,如果仲裁庭允许菲律宾背弃其在《南海各方行为宣言》中的承诺继续推进强制仲裁,这种处理方式或造成“恶法”,会对国际关系的整体稳定造成潜在破坏。

从这个意义上来看,中国为捍卫国际法做针锋相对的斗争,不仅是在捍卫自己的领土主权,更是在切实捍卫国际海洋秩序、维护世界长治久安。

(四)

菲律宾南海仲裁案如此公然违背国际法,为何向来以“国际法官”自居的美国却在装糊涂?美国著名律师布鲁斯·费恩直言,美国的南海政策体现了其“危险的帝国思维”。

这种为所欲为的“帝国思维”,就是霸权主义。美国比任何人都喜欢把国际法挂在嘴边,但历史和现实一再表明,美国对待国际法,总是对人不对己,且每每玩弄法律于股掌之上——如果国际法对美国有利,美国就高高祭起这面大旗;如果国际法可能约束美国的行为,美国就会把它踩在脚下置之不理,甚至将“非法”尊为“合法”,将“合法”抹黑为“非法”。

美国如果真的关心国际法治,为何《联合国海洋法公约》推行几十年了还不愿加入?众所周知,作为规范当代国际海洋关系最重要的法律文件,《联合国海洋法公约》被誉为当今世界的“海洋宪章”,目前大部分国家都已加入《联合国海洋法公约》。美国作为世界上最大的海洋国家之一,却一直没有加入该公约,是安理会“五常”中唯一没有加入该公约的国家。根子就在美国霸权主义的国际法观和傲慢自私的海洋特权思想。

美国口口声声以海洋法治的维护者自居,却为一己之私拒不批准加入公约;口口声声要求别国接受第三方争端解决方式,自己却又拒不接受国际法院这一联合国最主要司法机构就尼加拉瓜诉美国案所作出的判决和命令;口口声声要求其他国家遵守国际法,却对自己和所谓盟友大开违法之门,长期以来对菲律宾非法侵占中国岛礁的行为视而不见。

这种自相矛盾与双重标准,集中体现了美国对待国际法“合则取,不合则弃”的虚伪本质,暴露了其根深蒂固的“帝国思维”。美国现实主义国际关系学者米尔斯海默谈及南海问题时曾说,“中国的邻国有动机在现阶段就把问题解决掉,而不是等到中国强大了,到时候就来不及了”,一句话道出了对中国防范遏制的阴暗心理。

中国正在成长,但一个多世纪里屡遭外敌入侵、强权欺凌的屈辱经历,是中国人民不可磨灭的记忆。在这样的历史记忆中强起来的中国,最懂得遭受欺凌和屈辱的滋味,“己所不欲,勿施于人”;在这样的历史记忆中走过来的中国人民,也决不会答应“屈辱的过去”哪怕在局部重演。

习近平总书记在庆祝中国共产党成立95周年大会上指出:“中国人民不信邪也不怕邪,不惹事也不怕事,任何外国不要指望我们会拿自己的核心利益做交易,不要指望我们会吞下损害我国主权、安全、发展利益的苦果。”这道出了全体中国人民的心声。

放眼南海,闪闪发光的航标灯,照亮的应该是和平的方向,驱散的应该是霸权主义的心魔,警醒的应该是被眼前蝇头小利冲昏的头脑。不合法的裁决不过是废纸一张,它否定不了中国在南海的合法权益,改变不了中国人民维护国际法治尊严,与相关国家一道维护南海和平稳定的坚定意志和决心。

编辑:刘雅萱, 来源:人民日报

Related:


U.S. should stop treating South China Sea as next Caribbea

The United States should stay away from the South China Sea issue and avoid repeating its history of military intervention and political manipulation in the Caribbean in the past century.

Commentary: U.S. cold-war mentality not solution to South China Sea issue



Denouncing UNCLOS remains option for China after tribunal ruling

For many years, the People's Republic of China has been a strong supporte[Read it]

Western countries should stop playing international law as political card: People's Daily 

Although Western countries always label themselves as defenders of international law, historic facts[Read it]

Think twice before taking law-abusing arbitration as South China Sea solution

BEIJING, July 8 -- Launching a legal action is not always the best way to solve a dispute, and it is[Read it]

Related posts:


Notorious Philippines's Abu Sayyaf & Law abusing tribunal on South China Sea ... ZAMBOANGA CITY: The Abu Sayyaf has announced that it will be ..... 2 million listings worldwide, with revenue of about $2.4 billion in t.

Jul 2, 2016 ... America's objective is to contain a rising power, which presents itself as a major challenge to US global hegemony. Geo-strategically, the most .


Jun 6, 2016 ... Dialogue 06/05/2016 South China Sea & Sino-US ties - CCTV ... Arbitral tribunal abusing its power .... US containing a rising Chinese power.

Wednesday 29 June 2016

South China Sea arbitration abuses international law, threatens world order

A seminar on the South China Sea Arbitration and International Rule of Law was held on Sunday in the Hague, the location of the Permanent Court of Arbitration's arbitral tribunal. At the seminar hosted by both Chinese and Dutch academic institutions, experts from various countries warned that the unilateral filing of the South China Sea arbitration case by the Aquino administration of the Philippines and the arbitral tribunal’s overreach and abuse of power is a desecration of the spirit of the rule of law and pose a threat to current international order.

Exclusive interview: Limitation of UNCLOS Dispute Settlement System

A legal expert at the University of Oxford has published a paper on resolving disputes in the South China Sea. It relates to the arbitration unilaterally initiated by the Philippines against China.

With this move, the Philippines is just adorning itself with borrowed plumes. First of all, estoppel is a basic principle of international law. As is known to all, China and ASEAN countries, including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, in which all sides agreed to settle disputes over the South China Sea through friendly negotiation and consultation by parties directly concerned.

Experts call for reasonable and effective dialogue on China South Sea issue

A group of experts on international law have called the arbitration that was unilaterally filed by the Philippines against China over the South China Sea "questionable".

In 2011, the Philippines and China issued a joint statement, reiterating their respect and observation of the DOC. However, just two years later, the Aquino administration unilaterally submitted the South China Sea case for arbitration in spite of its previous commitments.

Secondly, the Philippines ignores basic historical facts by presumptuously claiming that the Chinese people never lived or conducted activities in the South China Sea region, thus bearing no sovereignty over the islands in the region.

Cambodia criticizes arbitration filed by Philippines

Cambodia's ruling party has spoken out against the arbitration court's upcoming decision over the South China Sea issue.

Yet no one can deny the historical fact that those islands have been part of China’s territory since ancient times. Successive Chinese governments have continued to govern the islands through multiple approaches including setting administrative divisions, military patrols and conducting salvages at sea.

Respecting historical fact is an important principle of international law. Through its lack of respect for the facts, the South China Sea case violates this principle.

Chinese Foreign Ministry condemns Japan

Chinese Foreign Ministry spokesman Hong Lei has condemned Japan's remarks over the South China Sea arbitration unilaterally launched by the Philippines. He urged for Japan to stop making such irresponsible remarks.

Moreover, the Philippines’ interpretation of the legal status of the islands and reefs in the South China Sea is not in line with the United Nations Convention on the Law of Sea (UNCLOS) and other international laws.

South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

The Southeast Asian nation claims that the Huangyan Island and the Nansha islands cannot be considered islands as such no one can establish exclusive economic zones or claim the continental shelves there. Such an argument flies in the face of objective reality.

  • South China Sea FAQ ep13: China's solution for resolving the disputes

  • South China Sea FAQ ep13: China's solution for resolving the disputes. As tensions in the South China Sea region continue, China continues to insist on a dual-track approach to resolve disputes. This is governed by the Declaration on the Conduct of Parties in the South China Sea made in 2002 between China...

The Philippines deliberately misrepresented factual information about the islands and reefs in the South China Sea during the trial and carelessly negated the integrity of the Nansha islands as well as the island status of Taiping Island and other large islands in area. However, its claims are not only inconsistent with reality, but also incompatible with UNCLOS and other international laws.

The legal representatives of the Philippines also withheld necessary information concerning other islands in the South China Sea (not included in its arbitration request) on purpose, and refused to present them to the court. It is safe to say that the Philippines’ argument concerning the South China Sea islands and reefs lacks basic credibility.

Taking this into consideration, the arbitral tribunal has clearly violated UNCLOS, abused the UNCLOS settlement procedure and exceeded its jurisdiction by accepting the unilateral request of the Philippines and even trying to deliver a verdict on the South China Sea issue. Its self-proclaimed “jurisprudence” and “normative power” demonstrate great irony.

The core of the South China Sea issue between China and the Philippines are territorial and maritime delimitation disputes. Territorial issues do not fall within the scope of UNCLOS authority. Additionally, as early as 2006, China has excluded compulsory settlement procedures from maritime delimitation disputes in accordance with Article 298 of UNCLOS.

As a temporary institution founded on UNCLOS, the tribunal has zero jurisdiction over this case. Arbitration and other international judicial methods to resolve disputes means resorting to third-party settlement. However, this option has already been excluded by internationally binding bilateral agreements between China and the Philippines.

The tribunal chose to ignore these binding documents and breached the premises, exclusions and exceptions for compulsory settlement procedure stipulated in UNCLOS to establish jurisdiction on its own.

The tribunal’s blatant disregard for the agreement China and the Philippines made concerning settling disputes has irresponsibly broken the consensus reached between the two states and has seriously violated China’s right as a sovereign state and UNCLOS signatory to choose its own dispute settlement method.

What’s more, by repeatedly referencing UNCLOS and extending the convention’s coverage to all maritime issues, the tribunal has in fact turned a blind eye to conventional international law.

Any practitioner of international law is aware that articles in UNCLOS are a summary of the historical maritime practices and common will of all countries. UNCLOS shows nothing but respect to conventional international law. However, the tribunal today has discredited all previous practices, contradicting the basic purpose and spirit of UNCLOS.

International law has played a significant role in maintaining a relatively stable international order after World War II. In the decades after the war, hundreds of international treaties were drafted to regulate the conduct of states and people’s lives.

From the planet where we live to outer space, from security to arms control, from economic development to environmental protection, from human rights to judicial cooperation and other areas, these international laws are ubiquitous. The diplomatic actions of every county call for international law. In other words, it is a commonly recognized standard for the international community. The world would fall into chaos without it, and the law of the jungle would once again dominate.

Therefore, the abuse of international law by the Philippines and the tribunal has undermined the authority of the law, which will in turn greatly impact the stability of international order.

It is worth mentioning that the US, a country outside the region, has been eager to play a hand in the issue. Those who are familiar with the “America-style” of dealing with international affairs know that “safeguarding the integrity of international law” is a catchphrase for the country when it comes to international dealings.

However, as a country that attaches such importance to the protection of international law, why has the US supported the illegal acts of the Philippines and the tribunal? The answer is simple: The US only protects those international laws that benefit itself. In the eyes of the US, any illegal act can be considered “an act that protects international law” so long as it benefits its own strategic interests.

A scholar at the seminar pointed out that what the Philippines has done to China today could happen to other countries in the future. If the tribunal comes to a conclusion that does not conform to the facts and the law, then the same twisted logic could be misapplied to other countries with territorial disputes.

Such apprehension is not without merit. If the irresponsible actions of the Philippines, the US and the arbitral tribunal are not faced head on, they will severely affect the authority of international law. From this perspective, China's fight against the abuse of international law is not only the country safeguarding its territorial sovereignty, but also a contribution to lasting peace and stability in the world. - People daily


Related:

Who is sterring up trouble in the South China Sea




Related posts:


China urges Philippines to quit arbitration; Pushes back against US ...
Jun 9, 2016 ... China urges Philippines to quit arbitration; Pushes back against US ... SINGAPORE: China rebuffed US pressure to curb its activity in the South ...



Jun 6, 2016 ... Analysts pooh-pooh US Defence Secretary's 'self-isolation' as an ... China "self- isolation" claims at best "exaggerated," said Huang Jing, ...

Thursday 9 June 2016

China urges Philippines to quit arbitration; Pushes back against US pressure

China urges Philippines to immediately cease arbitral proceedings


>
http://english.cctv.com/2016/06/09/VIDESodRMnJFJdiaDZ3JKzuo160609.shtml


<<< Foreign Ministry spokesperson Hong Lei (Source: fmprc.gov.cn)

BEIJING, June 8 (Xinhua) -- China on Wednesday again urged the Philippines to stop its arbitral proceedings and return to the right track of settling relevant disputes in the South China Sea through bilateral negotiation with China.

Foreign Ministry spokesman Hong Lei made the comment at a routine press briefing.

The Foreign Ministry on Wednesday issued a statement saying that disputes between China and the Philippines in the South China Sea should be settled through bilateral negotiation.

Hong said that by unilaterally initiating the arbitration in 2013, the Philippines had turned its back on the possibility of solving the issue through negotiation, leading to a dramatic deterioration of relations between China and the Philippines.

China and the Philippines have reached consensus on settling maritime disputes through bilateral negotiation in a number of bilateral documents, but the two countries have never engaged in any negotiation on the subject-matters of the arbitration, said Hong.

By unilaterally initiating the arbitration, the Philippines has violated its agreement with China as well as its own solemn commitment in the Declaration on the Conduct of Parties in the South China Sea (DOC), he said.

This is an abuse of the dispute settlement procedures of the United Nations Convention on the Law of the Sea (UNCLOS), and is against international law, including UNCLOS, he added.

The door of China-Philippines bilateral negotiation is always open, he said. "China will remain committed to settling through negotiation the relevant disputes with the Philippines in the South China Sea on the basis of respecting historical facts and in accordance with international law."

"China urges the Philippines to immediately cease its wrongful conduct of pushing forward the arbitral proceedings, and return to the right path of settling the relevant disputes in the South China Sea through bilateral negotiation with China," Hong said. - Xinhua

BEIJING: China has urged the Philippines to “immediately cease its wrongful conduct of pushing forward the arbitral proceedings” and “return to the right path” of settling the relevant disputes in the South China Sea, through bilateral negotiation.

In an official statement released yesterday, the Foreign Ministry reaffirmed Beijing’s commitment to a settlement via two-way negotiations, rather than an arbitration unilaterally sought by Manila against China in 2013.

Ties between Beijing and Manila were sunk after the initiation of the arbitration. From the very start of the arbitral process, China has refused to accept or participate.

In the wake of recent comments made by various Chinese officials about the arbitration, the statement said “the door of China-Philippines bilateral negotiation is always open”.

Observers and the media have increasingly called on Philippine President-elect Rodrigo Duterte and his expected administration to quit the arbitration and return to the table for two-way negotiations.

The arbitral case is still pending. Some media and observers said the expected ruling by the arbitral tribunal would be made in a few weeks.

China will remain committed to settling through negotiation the relevant disputes “on the basis of respecting historical facts and in accordance with international law,” the ministry wrote.

In the past weeks, Washington has publicly pressed Beijing to accept the ruling.

That also included a call from US Defence Secretary Ash Carter on Saturday at the Shangri-La Dialogue in Singapore.

Wu Shicun, president of the National Institute for South China Sea Studies, said although it remained to be seen if the incoming Philippine administration would quit the arbitration and return to the table for talks, “it is apparent that the arbitration – from its very beginning – has led to increasing, not decreasing, number of problems between Beijing and Manila”.

“Other regional countries will come to the conclusion that embarking on such an arbitration will obtain no benefit, not to mention resolving any of the existing disputes,” Wu said.

Jia Duqiang, a researcher of South-East Asian studies at the Chinese Academy of Social Sciences, said as the arbitration process came to a critical moment, all parties knew clearly that “no good will serve any party if the big picture is damaged”.

He also said the incoming administration was re-evaluating its policies towards China. — China Daily / Asia News Network

China pushes back against US pressure




SINGAPORE: China rebuffed US pressure to curb its activity in the South China Sea today, restating its sovereignty over most of the disputed territory and saying it "has no fear of trouble".

On the last day of Asia's biggest security summit, Admiral Sun Jianguo said China will not be bullied, including over a pending international court ruling over its claims in the vital trade route.

"We do not make trouble, but we have no fear of trouble," Sun told the Shangri-La Dialogue in Singapore, where more than 600 security, military and government delegates had gathered over three days.

"China will not bear the consequences, nor will it allow any infringement on its sovereignty and security interest, or stay indifferent to some countries creating chaos in the South China Sea."

The waterway has become a flashpoint between the United States, which increased its focus on the Asia-Pacific under President Barack Obama's "pivot", and China, which is projecting ever greater economic, political and military power in the region.

The two have traded accusations of militarising the waterway as Beijing undertakes large-scale land reclamation and construction on disputed features while Washington has increased its patrols and exercises.

On Saturday, top US officials including defence secretary Ash Carter warned China of the risk of isolating itself internationally and pledged to remain the main guarantor of Asian security for decades.

Despite repeated notes of concern from countries such as Japan, India, Vietnam and South Korea, Sun rejected the prospect of isolation, saying that many of the Asian countries at the gathering were "warmer" and "friendlier" to China than a year ago.

China had 17 bilateral meetings this year, compared with 13 in 2015.

"We were not isolated in the past, we are not isolated now and we will not be isolated in the future," Sun said.

"Actually I am worried that some people and countries are still looking at China with the Cold War mentality and prejudice. They may build a wall in their minds and end up isolating themselves."

During a visit to Mongolia today, US secretary of state John Kerry urged Beijing not to establish an air defence identification zone (Adiz) over the South China Sea.

Kerry, who will visit China next, said an Adiz would be "a provocative and destabilising act", which would question Beijing's commitment to diplomatically manage the dispute.

The South China Sea is expected to feature prominently at annual high-level China-US talks starting in Beijing on Monday, also attended by US Treasury Secretary Jack Lew.

US concerns about Chinese trade policy and the difficulty foreign businesses say they face operating in China will add to what will likely be difficult discussions. — Reuters

Related: 

Philippine politicians, experts, opinion leaders call for bilateral talks with China on South China Sea issue

Politicians, international relations experts and opinion leaders from the Philippines on Wednesday called on President-elect Rodrigo Duterte to start bilateral talks with China on the South China Sea issue as soon as possible.

 Studio interview: Arbitration will not solve dispute
For more insights into the South China Sea issue, we have as our studio guest Jia Xiudong, a Senior Research Fellow from the China Institute of International Studies. Q1. China insists the Philippines unilateral arbitration is illegal. So how much do you think the arbitration can help solve the maritime dispute?

Beijing believes Manila is politically motivated

China believes that there are political motivations behind the arbitration by the Philippines, as it is an open denial of China's sovereignty. It brings uncertainty to how China would solve disputes with other countries.

South China Sea FAQ 2: What are China's historical claims to the South China Sea?

What are China's historical claims to the South China Sea?

Related posts:

Analysts refute Ashton Carter's China 'self-isolation' claims SINGAPORE - US defense secretary's China "self-i...


Monday 6 June 2016

Analysts pooh-pooh US Defence Secretary's 'self-isolation' as an exaggeration


Analysts refute Ashton Carter's China 'self-isolation' claims


SINGAPORE - US defense secretary's China "self-isolation" claims were totally incorrect, local analysts said here on Saturday.

In a speech delivered here Saturday at the on-going Shangri-La Dialogue, US Defense Secretary Ashton Carter said China could end up erecting a Great Wall of self-isolation, but analysts here refuted Carter's remarks as one-sided and over-exaggerated.

As China develops, Asia-Pacific countries had built close relations with not only the United States but also China, which proves Carter's China "self-isolation" claims at best "exaggerated," said Huang Jing, Professor and Director of Center on Asia and Globalization, Lee Kuan Yew School of Public Policy, National University of Singapore.



Video: South China Sea Is Indisputable Part of China

Video: 8th China-U.S. S&ED & 7th CPE


Carter's claims are misinterpreting China's policies, and are not in line with the two countries' consensus on forging new pattern of relationship, said Colonel Lu Yin, Associate Researcher from the Institute of Strategic Studies of China's National Defense University.

The colonel noted that Carter's remarks revealed logical paradoxes in the US rebalance strategy in the Asia-Pacific.

"I don't see it possible that without efforts from China, the United States can realize its rebalance strategic in the Asia-Pacific region as well as achieve common prosperity as envisioned," said Lu.

In his half-hour or so speech, the US defense secretary mentioned the word "principle" for as many as 37 times. In Professor Huang Jing's view, it is fairly disputable that the United States does faithfully stick to principle.

When asked about the fact that not only China, but countries including Japan, the Philippines and Vietnam all had similar construction actions, Carter said there are differences in the scale of such activities.

If one really sticks to principles, it doesn't matter what scale the actions might be, any construction activity is against the principle, argued Professor Huang.

On matters of navigation freedom, the professor said that navigation freedom should be guaranteed, but any country's freedom shall not be at the cost of posing threats to others.

Although tensions in the South China Sea are included in Carter's speech, analysts pointed out that the US defense secretary had also elaborated on the fact that China and the United States do have cooperation potentials over a number of international agendas. To safeguard peace and stability in Asia-Pacific, the two countries need to cooperate.

Oh Ei Sun, senior fellow with S. Rajaratnam School of International Studies in Singapore, said that Carter actually adopted a relatively "mild" approach when addressing disputes in the Asia-Pacific and gave much emphasis on setting up security networks in the region.

William Choong, Shangri-La Dialogue Senior Fellow for Asia-Pacific Security, said he thought the US-China relations are far more inclusive.

It's a broader relationship, although they disagree on the South China Sea issue, they can agree on many other issues which are important, such as the cooperation in cyber space, the DPRK issue, and climate change, he said.

The two countries are preparing for their upcoming strategic economic dialogue as well, he noted.

"To put it very simply, even though there are tensions in the South China Sea, I think the relationship is broad enough and strong enough, and has enough institutional mechanism for both sides to avoid their differences and work on potential solutions," said the researcher.

China refutes US defense secretary's China 'self-isolation' claims


SINGAPORE - A high-ranking Chinese military official Saturday refuted US Defense Secretary Ashton Carter's "self-isolation" claims about China.

"Carter's claims are incorrect and do not accord with the actual situation," Guan Youfei, director of the Office for International Military Cooperation of the Chinese Central Military Commission, told the media.

Guan's comments came after Carter's claims at the ongoing Shangri-La Dialogue that China's military activities in the South China Sea would isolate itself.

Guan said the United States should learn lessons from the wars it had waged in the Asia-Pacific region after World War II and play a constructive role in the region.

Guan urged the United States to keep its security pledges, withdraw troops from Afghanistan as soon as possible, stop arms sale to China's Taiwan and refrain from holding military drills on the Korean Peninsula.

Guan said China has made great efforts in promoting international and regional security cooperation since its reform and opening-up, and China's achievements in areas such as peacekeeping, disaster relief and naval escort missions are obvious.

China will continue to enhance cooperation with other Asia-Pacific countries under the Belt and Road initiative in various fields, the Chinese military official added.

The US defense secretary had earlier made similar accusations against China in a speech delivered at the US Naval Academy. The Chinese Foreign Ministry had responded, saying such claims reflected "American-style mentality" and "American-style hegemony."

Sources: China Daily/Asia News Network

Chinese Admiral reiterates stance on South China Sea




Related:

Firm line taken on sea dispute

Beijing will not sit by and see several countries throwing the South China Sea into chaos, the head of China's delegation to Shangri-La Dialogue said.


  Seeing beyond the viewpoint of conflict may be a way out

Neither the Chinese nor the United States military backed off from where they stood in previous exchanges over the South China Sea issue.

Arbitral tribunal abusing its power

Despite China's strong opposition, the arbitral tribunal announced in late October 2015 that it can judge on seven of the 15 submissions, and linger over some other submissions.

China meets with 'enlarging circle of friends'

 During a 55-hour period ending Sunday, 64-year-old Admiral General Sun Jianguo took part in a whirlwind of military diplomacy comprising 17 two-way meetings on the sidelines of the Shangri-La Dialogue in Singapore

Futile for US, Japan to form sea alliance

Even the claimant countries in the waters want to prioritize safeguarding peaceful development in the region.

Asia doesn’t welcome return to Cold War

But Carter won’t change his attitude. He represents a clique that is eager to sustain Washington’s hegemony in the Western Pacific by reinforcing military deployments and containing China’s peaceful rise.

Image for the news result
China urges US, Japan to stop pointing fingers on South China Sea

Friday 20 May 2016

The arbitration decision on South China Sea could 'change the world'

 Chinese J-11 fighter jets intercepted the U.S. EP-3 spy aircraft




THE ruling on an international arbitration case, brought by the Philippines against China on rival claims to the South China Sea, is expected soon.

With the decision widely predicted to favour the Philippines, China – which has refused to participate in the proceedings – has revved up its efforts to influence public opinion at home and abroad.

State-owned media outlets, such as China Radio International’s WeChat account “Watch Asean”, began posting materials provided by the Chinese Foreign Ministry in late April to prove that China lays historical claim to the territory.

Turning to age-old manuscripts like the Book of Han and Record of Foreign Matters written during the Eastern Han Dynasty (25 AD – 220 AD), China said its people were the first to discover, name and administer va­­rious South China Sea islands and therefore enjoy priority rights to own and use the features.

“History has irrefutably proved that China is the sole owner of the South China Sea islands,” it said.

China also cited foreign publications, such as The China Sea Directory by United Kingdom’s Hydrographic Office in 1868 and a 1933 French magazine Le Monde Colonial Illustré, as evidence that Chinese fishermen did live on the islands.

As for other South-East Asian nations that border the South China Sea, China claimed they did not challenge its sovereignty until rich deposits of oil and natural gas were discovered there in the 20th century.

“Vietnam, the Philippines, Malaysia, etc, then ‘occupied’ parts of Nansha (Spratly Islands) and hence the territorial spat ensued,” said Li Guoqing, research fellow of the Institute of Chinese Borderland Studies of the Chinese Academy of Social Sciences told local and international journalists in Beijing.

The conflicts brewed for decades and heightened over the past two years with China’s massive expansion and construction activities in the area, adding airfields, ports and lighthouses to seven islands and reefs.

Its explanation that these facilities were intended for civilian use was not too convin­cing, especially for the United States, which criticised China for “militarising” the disputed waters.

On the international front, China appeared as an aggressive claimant who insists that historical evidence can substantiate its assertion over the territory.

It uses the “nine-dash line” to demarcate its boundary on maps, covering most of the South China Sea and overlapping the exclusive economic zones (EEZ) of Malaysia, Bru­nei, Vietnam, the Philippines and Indo­nesia.

If China is so confident of its sovereignty over the South China Sea, why is it reluctant to appear before the Permanent Court of Arbitration in The Hague?

China said territorial sovereignty is beyond the purview of the United Nations Convention on the Law of the Sea (UNCLOS).

It added that both countries have agreed in the Declaration on the Conduct of Parties in the South China Sea (DOC) to settle disputes through bilateral channels, which means the Philippines’ arbitration has thus breached its obligation under international law.

But the Philippines has emphasised to the five-person tribunal that it is not asking for a ruling on territorial sovereignty, but to clarify its maritime entitlements in the South China Sea.

The tribunal decided in October last year that it has the authority to consider the Philippines’ submissions, adding that the DOC was only a political agreement, which is not legally binding.

The tribunal will rule on whether China’s “nine-dash line” violates UNCLOS, whether the maritime features claimed by both parties should be characterised as “islands, rocks, low-tide elevations or submerged banks” (to determine the maritime zones they are entitled to), and whether “certain Chinese activities” in the South China Sea have violated UNCLOS.

China is adamant that it would not entertain the decision.

“No matter what verdict the arbitration case will be, it is unlawful and invalid. China will neither accept nor recognise it,” Ouyang Yujing, director-general of the Department of Boundary and Ocean Affairs of the Chinese Foreign Ministry, said in a press conference in early May.

Li said it is foreseeable that the disputes over the South China Sea would continue to exist for a long time after the verdict is delivered.

He downplayed the significance of the arbitration, saying that it has been hyped up to appear as if it could “change the world”.

“While China is the most experienced country in the world in solving boundary disputes (through bilateral negotiations), it is also the least experienced when it comes to dealing with territorial claims through international arbitration, so I think China has made the right decision to stay away from the arbitration,” he said.

As China slammed countries outside of the region, such as the US and Japan, for meddling in the maritime row, it is actively lobbying for international support on its stance.

Chinese Foreign Minister Wang Yi, during his three-nation visit to South-East Asia in April, said that Brunei, Cambodia and Laos reached a consensus with China to, among others, agree that countries can choose their own ways to solve disputes and oppose unilateral attempts to impose an agenda on others.

National news agency Xinhua reported that Fiji supported China’s position in a meeting between their foreign ministers in Beijing last month (although the Fijian government quickly clarified that it did not, according to the Fiji Broadcasting Corporation).

Last week, a Doha Declaration was signed by China and 21 countries of the Arab League to support peaceful settlement of disputes through negotiation.

Chinese Foreign Ministry spokesperson Lu Kang said that Gabon, Mauritania and Venezuela have also voiced their support for China.

“We highly commend these countries and regional organisations for their calling for justice,” he said in a daily press briefing.

Judging from China’s behaviour, it is very likely that it will follow up with another publicity blitz to denounce the tribunal’s verdict, if the latter does indeed rule in favour of the Philippines.

The disputes, meanwhile, will be far from over.

By Tho Xin Yi 
Check-in China

Related: 


Manila's move shows it is the real provocateur

China has always opposed the Philippines for its illegal occupation of its islands, and any construction projects on them will not consolidate Manila's illegal claim to sovereignty.


China’s rejection of South China Sea arbitration is reasonable

The Hague-based arbitration tribunal will soon announce the final results of its arbitration on the [Read it]

Hague-based arbitration panel oversteps in the South China Sea issue

As a founder, vindicator and constructor of the international law that is now being violated, China [Read it]

Western speculation will never shake China’s determination in the South China Sea

In recent days, more than 10 countries have shown their support for China’s proposition of peaceful [Read it]

China's stance on S.C. Sea arbitration is to defend rather than disobey int'l law

BEIJING, May 13 -- China's position of neither participating in nor accepting the results of the for [Read it]

US military snooping is more than impolite

[2016-05-20 07:02] To peep into other's courtyard uninvited is at best impolite; to criticize the host for objecting to such behavior compounds the injury.


Pentagon raises risk of midair collision over South China Sea

Once the tensions are lit up, both sides will have to raise the stakes and the situation could spiral out of control at anytime.
Source: Global Times | 2016-5-19 20:40:13


US economic hegemony against world reality

[2016-05-05 07:35] The balanced and sustainable development of the global economy depends on a more equal and fair world economic order, which requires the participation of all major economies in its governance, not just the developed nations.

Related posts:




Philippine presidential election a chance to settle South China Sea ...



Mar 9, 2016 ... China was the earliest to explore, name, develop and administer various South China sea islands. Our ancestors worked diligently here for...


Nov 4, 2015 ... If such provocations continue, China's warships will have to engage in more face- offs with their US counterparts in the South China Sea. Beijing...


Jul 23, 2015 ... Sophisticated diplomacy needed to tackle challenges in South China Sea Philippine President Benigno Aquino III will seek the congressional ...


Nov 18, 2015 ... The suspense is to what extent the US will foist the South China Sea disputes into this economic and trade meeting. Manila has made clear that ...

Rightways