Share This

Thursday, 5 June 2014

China rejects arbitration tribunal South China Sea ruling ; History backs China in sea disputes

China on Wednesday rejected a Hague-based arbitration tribunal's ruling giving it six months to respond to a legal claim by the Philippines over disputed waters in the South China Sea.

China's stance of not accepting or participating in the arbitration proceedings filed by the Philippines has not changed, Chinese foreign ministry spokesperson Hong Lei said at a regular briefing on Wednesday.

The response came after the tribunal of The Permanent Court of Arbitration in The Hague, the Netherlands, issued a statement on Tuesday, which requires China to submit evidence to defend its territorial claims in the South China Sea before December 15.

The tribunal cited an obligation to assure "each party a full opportunity to be heard and to present its case," according to a Tuesday statement.

The Philippines in March filed a memorandum to the international arbitration under the United Nations Convention on the Law of the Sea (UNCLOS), questioning the validity of China's "nine-dash" territorial claim.

However, experts said that without a bilateral agreement, the UNCLOS has no jurisdiction to interfere in sovereignty issues, which made China's stance reasonable and lawful.

"The international arbitration procedure must be agreed by both parties. If China rejects participating, the arbitration will not work," Ji Qiufeng, a professor of international relations with Nanjing University, told the Global Times.

Ji noted that the international tribunal is most likely to withdraw the Philippines' case.

"It will be a wise decision for the international tribunal as it lacks power to enforce. Even if the tribunal makes a judgment by default, China will not accept its verdict," Ji said. "The tribunal may lose its credibility."

The United States has said it supports the Philippines' arbitration case, which is closely watched by other claimant countries including Vietnam, which said last month it was considering legal action against China after a Chinese oil rig started to operate in waters near the Xisha Islands that Hanoi claims as it territory.

Ji pointed out that Vietnam's legal threat is very likely to depend on the result of the Philippines' case. "As China stands firm against the Manila plea, Hanoi should be aware that the threats would prove in vain."

- By Hu Qingyun Source:Global Times Published: 2014-6-5 0:43:01

History backs China in sea disputes

China has been criticized by some countries for making "ambiguous" claims on the islands, islets, reefs and waters in the South China Sea. For example, it has been criticized for "failing to honor" the United Nations Convention on the Law of the Sea despite being a signatory to it, as well as for "violating" other international laws on the sea.

A few international observers also accuse China of deliberately obscuring its territorial claims in the South China Sea by using terms not found in the UNCLOS, such as "adjacent waters" and "relevant waters". And some countries keep demanding that China "clarify" its nine-dash line map.

The fact is that, if these countries do not change their mindset and attitude, the nine-dash line will continue to be vague for them irrespective of how clearly China defines it.

China has an unequivocal and consistent territorial claim on the islands and other land features in the South China Sea. As a matter of fact, it has unequivocally stated its claim in three official documents: the 1947 Location Map of the South China Sea Islands released by the Kuomingtang government in Nanjing, the 1958 Declaration of the Government of New China on the Territorial Sea and the 1992 Law on Territorial Sea and Contiguous Zone. These documents state that the Dongsha Islands, Xisha Islands, Zhongsha Islands, Nansha Islands and other islands are part of the sovereign territory of China.

Some countries view China's maritime claim in the South China Sea as ambiguous because of certain historical reasons. The first reason is that the UNCLOS does not properly address the issue of historic rights. Despite the reference to historic title in Articles 15 and 298(1)(a), the provision on historic bays in Article 15(6), and the recognition of traditional fishing rights in Article 51, it does not have any provision for the definition of historic rights or their specific connotation and denotation.

The second is that no consistent understanding has been reached in international law on historic rights. For example, Yehuda Z. Blum, an Israeli professor of law and diplomat, has observed: The term "historic rights" denotes the possession by a state, over certain land or maritime areas, of rights that would not normally accrue to it under the general rules of international law, such rights having been acquired by that state through a process of historical consolidation ... Historic rights are a product of a lengthy process comprising a long series of acts, omissions and patterns of behavior which, in their entirety, and through their cumulative effect, bring such rights into being and consolidate them into rights valid in international law.

Besides, a state acquires historic rights through effective exercise of these rights (long series of acts, omissions and patterns of behavior) by one or more states, a practice followed by relevant states. The concept of historic rights is almost equivalent to that of historic water.

In this vein, Leo Bouchez, a renowned international law professor, says the concept of "historic rights" has evolved from the concept of "historic water" and "historic bays". The development from "historic bays" to "historic water" and from "historic title" to "historic rights" indicates the evolution of legal concepts with the development of state practice, and that such concepts have not been finalized.

From the point of view of China, one of the world's oldest civilizations, the South China Sea is part of the traditional Asian order and, hence, it would be inappropriate to comprehend the nine-dash line by relying solely on the Westphalian nation-state system.

As Keyuan Zou, Harris professor of International Law at the University of Central Lancashire in the UK, has observed, the South China Sea nine-dash line map was officially released by the Chinese Kuomingtang government half a century before the UNCLOS, and one decade before the 1958 Four Geneva Conventions on the Law of the Sea. Thus, China's historic rights within the nine-dash line cannot be ignored. The nine-dash line drawn by the Chinese government in 1947, at approximately the median position between China's South China Sea islands and reefs and the coastlines of bordering states, reflects the scope of China's claims. The consistency of the claims has been maintained by China after 1949, and the claims have been recognized or acquiesced to by bordering states over a long period of time. Therefore, the nine-dash line has probative force and weight under international law.

The so-called ambiguity in China's nine-dash line map and its claim on the waters within that line mainly stems from the imperfection of the UNCLOS. To some extent, international law on historic rights is defective in theory and doctrine and lacks a unified standard.

China has been striving to clarify its claim in the South China Sea. But the joint efforts of the international community are also needed to complement and improve the UNCLOS by agreeing to a new international convention or protocol in order to clarify the understanding of historic rights.

The author is deputy director of Maritime Security Institute at East China University of Political Science and Law in Shanghai. The views expressed are personal. His most recent book is Legal Interpretation of China's South China Sea Map: An Inclusive Approach to Ocean Public Order.

- By Zheng Zhihua (China Daily)

Related articles:

  • Manila's scheme abuses law

  • Manila's scheme abuses law. BEIJING, April 1 (China Daily) -- In disregard of the Chinese government's position of neither accepting nor participating in international arbitration relating to the South China Sea disputes, the Philippine government unilaterally submitted to the arbitral tribunal on March...
  • Published : 2014-04-04 16:23:46

  • China rejects arbitration on disputed islands in S.China Sea

  • Sea. The dispute over territory in the South China Sea has been stirred up again, after the Philippines claimed international arbitration over the sovereignty of the Nansha islands. The Philippines has applied for arbitration by the International Tribunal on the Law of the Sea. China rejects this process....
  • Published : 2013-07-19 17:15:29

  • China rejects int'l arbitration on disputed islands in S. China Sea

  • China rejects int'l arbitration on South China Sea dispute 2013-04-26 ASEAN upbeat on progress with China on South China Sea issue: Brunei Sultan 2013-04-25 ASEAN leaders stress peace in South China Sea 2013-04-25 Interview: China opens to discussion on code of conduct for South China Sea disputes 2013-04-25...
  • Published : 2013-04-26 22:04:10

  • Commentary: The Philippine's dual tactics doomed to fail

  • in a territorial dispute with China in the South China Sea. On the one hand, the Philippines earlier this year referred the dispute in the South China Sea to a United Nations tribunal for arbitration by adopting a so-called “soft-hand“ strategy. On the other hand, Manila is pursuing a “hard-line“ approach...
  • Published : 2013-08-29 22:40:03

  • China reiterates to resolve territorial disputes via bilateral negotiations

  • consequently, has a solid basis in international law,“ she added. Related stories China rejects int'l arbitration on South China Sea dispute 2013-04-26 ASEAN leaders stress peace in South China Sea 2013-04-25 Territorial disputes in the South China Sea 2013-03-09 China maritime territorial disputes 2013-03-09...
  • Published : 2013-04-26 22:14:11

  • China rejects int'l arbitration on South China Sea dispute

  • China rejects int'l arbitration on South China Sea dispute. Watch VideoPlay Video China has rejected an application for international arbitration in the dispute with the Philippines over the Nansha Islands in the South China Sea. The Philippines has applied for arbitration by the international tribunal...
  • Published : 2013-04-26 16:55:30

  • The Philippines' violation of international laws to end in vain

  • The Philippines' violation of international laws to end in vain. BEIJING, April. 3 (Xinhuanet) -- The Philippines took the dispute with China over the South China Sea to the international arbitration in January of 2013. On March 30, 2014, it submitted a so-called memorial to the arbitral tribunal. This...
  • Published : 2014-04-03 17:49:03

  • The Philippines' violation of international laws to end in vain

  • The Philippines' violation of international laws to end in vain. BEIJING, April. 3 (Xinhuanet) -- The Philippines took the dispute with China over the South China Sea to the international arbitration in January of 2013. On March 30, 2014, it submitted a so-called memorial to the arbitral tribunal. This...
  • Published : 2014-04-03 18:06:19

  • Commentary gives China's reasons for refusing arbitration on South China Sea issue

  • Commentary gives China's reasons for refusing arbitration on South China Sea issue. BEIJING, April 1 (Xinhua) -- China will neither accept nor participate in international arbitration unilaterally pushed forward by the Philippines on the South China Sea disputes, said a commentary published on Tuesday's...
  • Published : 2014-04-01 08:43:30

  • China rejects Philippines' arbitral request: FM

  • China rejects Philippines' arbitral request: FM. BEIJING, Feb. 19 (Xinhua) -- The Chinese government has rejected a Philippine move to take their dispute regarding sovereignty issues in the South China Sea to the United Nations for arbitration, a Foreign Ministry spokesman said Tuesday. “Chinese Ambassador...
  • Published : 2013-02-19 20:30:14

  • China reiterates opposition to Philippines' arbitration bid

  • China reiterates opposition to Philippines' arbitration bid. BEIJING, Feb. 20 (Xinhua) -- China on Wednesday reiterated its opposition to the Philippines' taking the South China Sea dispute to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). At a daily press briefing,...
  • Published : 2013-02-20 19:41:59

  • China committed to settling disputes bilaterally

  • China committed to settling disputes bilaterally. Watch VideoPlay Video Beijing says it wants to address the island disputes with the Philippines via bilateral talks. The announcement came after the Philippine government brought disputes in the South China Sea to an Arbitral Tribunal under the United...
  • Published : 2013-01-23 10:13:28

  • Chinese FM: confrontation not conducive to solving South China Sea issues

  • disputes to the UN arbitral tribunal, which further complicated the situation. “To deal with such provocations, which go against principles endorsed by the United Nations Convention on the Law of the Sea and the Declaration on the Conduct of Parties in the South China Sea (DOC), China has every reason...
  • Published : 2013-06-27 22:45:00

  • China Voice: Vietnam's key choice: to trust China or not

  • China Voice: Vietnam's key choice: to trust China or not. BEIJING, June 4 (Xinhua) -- Shutting out third parties, which mostly meddle for their own gains, ending the oil rig tension in the South China Sea will come down to how China and Vietnam perceive each other. Like a personal relationship, the closer...
  • Published : 2014-06-04 19:37:50

  • Full Text: The United States' Global Surveillance Record

  • Iraq are key intelligence targets of U.S. eavesdroppers for their “economic stability and impact“ mission. For the “emerging strategic technologies“ mission, Russia is a focus, along with India, Germany, France, South Korea, Israel, Singapore, Sweden and Japan. China, Germany, France, Russia, Iran, North...
  • Published : 2014-05-27 08:09:49

  • Chinese veteran diplomat debunks Japan's “proactive“ approach to peace

  • the Declaration on the Conduct of the Parties in the South China Sea (DOC), which was concluded in 2002 among China and the ASEAN countries, are also an important part of the international rules, she said.China will continue to work with the countries involved to keep on communication, enhance mutual...
  • Published : 2014-06-02 07:15:52

  • China, Malaysia celebrate 40th anniversary of diplomatic ties

  • vowed joint efforts with other ASEAN member states to implement the Declaration on the Conduct of Parties in the South China Sea (DOC), and ensure progress of consultations for the conclusion of the Code of Conduct in the South China Sea (COC) based on consensus. Invited by Chinese Premier Li Keqiang,...
  • Published : 2014-06-01 07:26:19

  • China rejects Philippine submission on South China Sea disputes

  • China rejects Philippine submission on South China Sea disputes. Watch VideoPlay Video China has rejected a submission by the Philippines to the UN Arbitral Tribunal regarding the South China Sea issue. Chinese Foreign Ministry spokesman, Hong Lei said that China’s position on issues over the South...
  • Published : 2013-02-19 19:41:19

  • China rejects Philippine submission on South Chian Sea disputes

  • China rejects Philippine submission on South Chian Sea disputes. Watch VideoPlay Video China has rejected a submission by the Philippines to the UN Arbitral Tribunal regarding the South China Sea issue. Chinese Foreign Ministry spokesman, Hong Lei said that China’s position on issues over the South...
  • Published : 2013-02-20 09:07:39

  • Violation of international laws

  • a statement that, on the same day, Philippines officially filed a case against China at an international arbitration tribunal on the Sino-Philippines dispute over the South China Sea, following the Arbitration Procedural Rules. Full story ...
  • Published : 2014-04-04 10:52:45

  • China, Malaysia pledge South China Sea stability

  • China, Malaysia pledge South China Sea stability. BEIJING, May 30 (Xinhua) -- Chinese President Xi Jinping and Malaysian Prime Minister Najib Razak on Friday agreed to strengthen dialogue to maintain stability on the South China Sea. “The current situation in the South China Sea is stable in general but...
  • Published : 2014-05-30 22:46:11

  • China determined on peace, stability in South China Sea: vice FM

  • the South China Sea, Liu emphasized that no country should doubt China's determination and will to safeguard the peace and stability of the South China Sea.China will work with neighboring countries to ensure the stability and the navigation freedom of the South China Sea, making the South China Sea a...
  • Published : 2014-05-27 17:57:50

  • Manila's resort to foreign intervention in South China Sea set to end in vain

  • China's sovereignty is inviolable over South China Sea issue 2012-04-16 China urges the Philippines to jointly address South China Sea confrontation 2012-04-14 Mainland, Taiwan share South China Sea responsibility: spokeswoman 2012-04-11 China hopes irrelevant parties will stay out of South China Sea...
  • Published : 2012-04-26 14:21:20

  • China lodges solemn representation to Philippines over South China Sea dispute

  • tribunal on South China Sea dispute on Sunday. China expressed strong dissatisfaction at and firm opposition to the Philippine side over the international arbitration it pushed forward unilaterally disregarding China's stern stance, said Liu. “China's stance of neither accepting nor participating in the...
  • Published : 2014-04-01 08:41:52

  • Chinese ambassador: China has indisputable sovereignty over South China Sea islands

  • Conduct (DOC) of Parties in the South China Sea, “ she added. Philippine Foreign Secretary Albert del Rosario announced at a press briefing on Tuesday that the Philippine government had brought the South China Sea disputes to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea...
  • Published : 2013-01-22 20:50:55

  • China's Efforts and Achievements in Promoting the Rule of Law

  • in Promoting the Rule of Law Information Office of the State Council of the People's Republic of China February 2008, Beijing Contents: Foreword I. Historical Course of Building a Socialist Country under the Rule of Law II. Legislation and Legal System with Chinese Characteristics III. Legal Systems of...
  • Published : 2008-02-28 19:39:39

  • China opposes taking sea disputes to UN: FM

  • China opposes taking sea disputes to UN: FM. BEIJING, Jan. 31 (Xinhua) -- China has reiterated its opposition to the Philippines' request to take South China Sea disputes to a UN tribunal, a Foreign Ministry spokesman said Thursday. Responding to a question at a daily news briefing, spokesman Hong Lei...
  • Published : 2013-01-31 21:05:33

  • China urges U.S. not to send wrong signals

  • China urges U.S. not to send wrong signals. BEIJING, May 29 (Xinhua) -- China on Thursday urged the United States to refrain from sending the wrong signals that will embolden risky and and provocative moves by certain countries in Asia. “The East China Sea and the South China Sea had been generally peaceful...
  • Published : 2014-05-29 20:17:19

  • China: UN request by Philippines complicates S. China Sea issues

  • indisputable sovereignty over South China Sea islands 2013-01-22 Philippines sends China to UN arbitral tribunal 2013-01-22 Chinese ships patrol South China Sea 2013-01-19 Haixun 21 arrives in Sanya after three-day patrol in South China Sea 2013-01-18 ...
  • Published : 2013-01-23 19:14:01

  • Chinese general reiterates principle for solving island disputes

  • traced back to over 2,000 years ago, or the Han Dynasty, when China started discovering and gradually maturing its administration over the South China Sea, especially the Nansha Islands and related sea area, Wang said. The Xisha Islands and the Nansha Islands, both in the South China Sea, were occupied...
  • Published : 2014-06-03 07:22:31

  • Military makes solemn vow on territory

  • of the Asia-Pacific region. Related stories Chinese, Philippine vessels still remain in Huangyan island 2012-04-26 South China Sea tension runs up after US-Philippines drill 2012-04-26 Beijing urges restraint in S China Sea 2012-04-26 Huangyan Island confrontation can be solved through diplomacy: China...
  • Published : 2012-04-27 08:09:32

  • Commentary: Recklessness on Vietnamese side in South China Sea must stop

  • Commentary: Recklessness on Vietnamese side in South China Sea must stop. BEIJING, May 28 (Xinhua) -- The increasingly aggressive and dangerous acts of Vietnamese vessels against Chinese oil drilling in the South China Sea resulted in an unfortunate accident on Monday, which bode ill for the already tense...
  • Published : 2014-05-28 15:29:08

  • Chinese fleet returns after South China Sea patrols

  • rejects int'l arbitration on South China Sea dispute 2013-04-26 South China Sea Fleet back from exercises 2013-04-03 China sends fleet to patrol South China Sea 2013-03-04 ...
  • Published : 2013-04-29 18:45:26

  • Philippine says to solve dispute through International Tribunal on Law of the Sea

  • stories Manila's resort to foreign intervention in South China Sea set to end in vain 2012-04-26 Beijing urges restraint in S China Sea 2012-04-26 Chinese top political adviser's visit promotes friendship, cooperation 2012-04-26 China asks Philippines to respect its sovereignty 2012-04-25 Beijing rejects...
  • Published : 2012-04-26 20:13:45

  • Commentary: Manila's wrong calculation

  • enclosed within the nine-dash lines in South China Sea are upheld by history. From the perspective of procedure, China has already made a statement in accordance with the UN Convention on the Law of the Sea (UNCLOS) in 2006, pointing out that relevant disputes do not apply to arbitration procedure. Beijing...
  • Published : 2014-03-31 13:27:29

  • China urges Philippines to avoid complicating disputes

  • Philippines government has taken the South China Sea disputes to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). Related stories FM: China urges Japan to solve disputes through talks 2013-01-19 China urges Philippines to avoid complicating South China Sea issue...
  • Published : 2013-01-23 20:04:32

  • Think tank examines South China Sea

  • FM expounds South China Sea policies 2014-02-15 China says U.S. “irresponsible“ over South China Sea ADIZ 2014-02-07 South China Sea Fleet in force-on-force training 2014-02-07 China dismisses ADIZ reports, optimistic about South China Sea situation 2014-02-02 S. China Sea rules no threat to peace, experts...
  • Published : 2014-02-24 14:22:28

  • Manila's attempt to internationalize dispute rejected

  • Manila's attempt to internationalize dispute rejected. China sends patrol ship to protect interests in territorial waters China rejected a request by the Philippines on Wednesday to take a maritime dispute to an international court, as Beijing sent a major ship to beef up patrols in the South China Sea....
  • Published : 2012-04-19 08:50:21

  • Chinese arbitration authority hears American Superconductor's contractual dispute

  • report for the 2011 fiscal year, released on Feb. 10, AMSC had spent 6.5 million U.S. dollars to cover litigation costs for its legal action against Sinovel. In September 2011, Sinovel filed a counterclaim with the Beijing Arbitration Commission, asking the arbitration tribunal to reject all arbitration...
  • Published : 2012-02-29 12:58:08

  • China stresses negotiations to settle disputes

  • The announcement came after the Philippine government brought disputes in the South China Sea to an Arbitral Tribunal under the United Nations Convention on the Law of Sea. The Philippine Foreign Secretary said on Tuesday that the initiation of Arbitral Proceedings against China on the nine-dash line...
  • Published : 2013-01-23 00:53:30

  • Philippines' Huangyan Island sovereignty claim “illegal“: spokesman

  • once clearly stated that Huangyan Island in the South China Sea is not part of its territory, but now it swallowed its words and raised illegal territory claim over an island which belongs to China,“ Liu said at a regular press briefing. “Such a claim runs against the basic principles of international...
  • Published : 2012-04-28 08:10:52

  • Commentary: Abe's wishful anti-China thinking exposed at G7 summit

  • Commentary: Abe's wishful anti-China thinking exposed at G7 summit. by Xinhua writer Chen ShileiBEIJING, June 5 (Xinhua) -- Japanese Prime Minister Shinzo Abe must feel disappointed now.The Group of Seven (G7) summit on Wednesday wisely stopped short of taking a pro-Japan stand over the East China Sea...
  • Published : 2014-06-05 14:15:17

  • China hopes for no more Huangyan Islands conflicts: FM

  • agreed upon. Philippine Foreign Secretary Albert del Rosario said Tuesday that the Philippine government has taken the South China Sea disputes to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). Related stories Historical proof of China's sovereignty over Huangyan...
  • Published : 2013-01-28 21:23:02

  • China requests Philippines' reassurance on detained fishermen

  • he added. Related stories Philippines, China to hold business forum 2013-04-08 Philippines hopes to enhance cooperation with China 2013-03-14 China reiterates opposition to Philippines' arbitration bid 2013-02-20 China rejects Philippine submission on South Chian Sea disputes 2013-02-20 ...
  • Published : 2013-04-11 19:38:46

  • China hopes Philippine can receive China's Embassy in a courteous fashion

  • Chinese, Philippine vessels still remain in Huangyan island 2012-04-26 South China Sea tension runs up after US-Philippines drill 2012-04-26 Beijing urges restraint in S China Sea 2012-04-26 Huangyan Island confrontation can be solved through diplomacy: China 2012-04-26 ...
  • Published : 2012-04-27 08:57:58

  • China urges Vietnam to punish riot perpetrators

  • Protests broke out about two weeks ago in some Vietnamese cities and escalated into looting and violence targeting Chinese enterprises and nationals following Vietnam's disruptions to China Oilfield Services Limited's normal drilling in waters off China's Xisha Islands in the South China Sea. The violence...
  • Published : 2014-05-26 22:06:10

  • Chinese lawyers vow to carry on despite French court rule on looted bronzes

  • to the Tribunal de Grande Instance in Paris last Thursday, seeking an injunction to stop the auction at Christie's, by the plaintiff, the Association for the Protection of Chinese Art in Europe (APACE). The court ruling said the APACE was not entitled to file the motion because it did not have direct...
  • Published : 2009-02-25 08:01:43

  • Island belongs to China

  • the government announced a new list of South China Sea islands, in which Scarborough Shoal was also included and renamed as Democratic Reef, and in 1983, China released a list of some South China Sea islands and began to use Huangyan Island as the island's standard name. While China has legal foundations...
  • Published : 2012-05-08 10:58:40

  • Beijing rejects island dispute comments

  • Beijing rejects island dispute comments. Manila's claims over territory make no sense, FM says Beijing on Tuesday criticized Manila's attempt to expand the Huangyan Island dispute over the entire South China Sea and rejected Manila's accusation over the freedom of navigation. Huangyan Island has been...
  • Published : 2012-04-25 08:08:38

  • Full Text of Human Rights Record of the United States in 2011

  • percent of middle-aged adults, aged between 35 and 54, reported to own guns, and the adults' gun ownership in the south region was 54 percent (The China Press, October 28, 2011). The New York Times reported on November 14, 2011, that since 1995, more than 3,300 felons and people convicted of domestic...
  • Published : 2012-05-25 21:07:40

  • China Voice: No compromise on Diaoyu Islands

  • China Voice: No compromise on Diaoyu Islands. BEIJING, June 5 (Xinhua) -- State sovereignty and territorial integrity are among China's core interests. Hopes of any compromise, however small, on the Diaoyu Islands issue are delusional.“We will not compromise on, concede or trade on territory and sovereignty,...
  • Published : 2014-06-05 11:45:29

  • China urges Japan to stop provocation

  • China urges Japan to stop provocation. BEIJING, May 23 (Xinhua) -- China on Friday urged Japan to stop provocation after Japanese leader Shinzo Abe said China's “unilateral drilling“ created tensions in the South China Sea. “We urge Japan to stop all provocative comments and acts and take practical action...
  • Published : 2014-05-23 21:50:43

  • China opposes Philippine UN request

  • resort to UN tribunal complicates South China Sea issues 2013-01-24 China: UN request by Philippines complicates S. China Sea issues 2013-01-23 Philippines sends China to UN arbitral tribunal 2013-01-22 ...
  • Published : 2013-02-01 14:32:49

  • China, UN to hold cyber security meeting

  • China, UN to hold cyber security meeting. BEIJING, June 3 (Xinhua) -- China and the United Nations (UN) will hold an international symposium on information and network security in Beijing on Thursday and Friday, said Foreign Ministry spokesman Hong Lei on Tuesday. It will be the first international conference...
  • Published : 2014-06-03 22:48:49  

Permanent Court of Arbitration - Wikipedia

Permanent Court of Arbitration

Rules of Procedure


Related posts:

Who owns the South China Sea islets in the eyes of the world?
Hilary Clinton , US Secretary of State, made a very important statement on South China Sea area. She stated on July 23, 2010 at ... 
China reiterates principle for solving island disputes, China's claims are lawful based on history
  China: S. China Sea claims lawful, based on historical record At the Shangri-La Dialogue in Singapore, the Chief of China´s PLA Ge... 
 
Shangri-La Dialogue proves unfairly dominated by Washington, regional harsh accusations
The Shangri-La Dialogue (SLD), held annually in Singapore, is a security forum where Western, especially US discourse power has the upp... 
Shangri-La Diaogue: US-Japan accusations are hypocritical as well as self-deceiving, unhelpful; China for Asian security
China says stronger PLA benefits security in Asia China was completely justified in rejecting remarks made by US Defense Secretary Chuck...
Posted by at 1 comment:
Labels: , , , , , ,

Wednesday, 4 June 2014

Foreign tech firms pose threat on Internet; World's largest Internet hacker

Companies asked by Washington to use online services to spy on customers

Foreign technology services providers such as Google and Apple can become cybersecurity threats to Chinese users, security analysts said, one week after China announced that it will put in place a security review on imported technology equipment.

Other major tech companies, such as Yahoo, Cisco, Microsoft and Facebook, were required by the US National Security Agency to transfer their users' information, according to Wan Tao, founder of Intelligence Defense Friends Laboratory, an independent institution focusing on cybersecurity in China.

Wan said that online services have become a major way for the US to steal information globally.

Foreign tech firms pose threat on Internet
Foreign tech firms pose threat on Internet
Ning Jiajun, a senior researcher at the Advisory Committee for State Informatization, said, "Previously, the US asked companies to install wiretapping software on their technological products, but if users found and shut down related functions, its 'plan' would fail," he said.

For instance, information on a Chinese organization can be stolen when it places an order on an international shopping website, he said.

With technologies such as cloud computing and big data getting popular, information can be collected and analyzed immediately, which means the damage can be much greater and more difficult to prevent, analysts said.

"It can be said that those who master online services can get more information in cyberspace," said Du Yuejin, director at the National Engineering Laboratory for Cyber Security Emergency Response Technology.

Last month, China's Internet Media Research Center issued a report saying the NSA makes use of large technology companies for its wiretapping plans, including Prism, which was unmasked by former NSA intelligence leaker Edward Snowden, asking them to collect information on their users and urging them to hand in the data regularly.

The report also said that the NSA has taken iOS and Android, two leading mobile operating systems applied to iPhone and Samsung, as the "gold mine" of data.

The NSA grabbed users' information and stored most of it for analysis by invading database and communication networks of Yahoo and Google, while it has also controlled applications on smartphones with Britain, said the report released at the end of May.

"The US, in fact, could get these users' information or conduct the wiretapping by attacking the network instead of 'cooperating' with the enterprises, but it might take more time and money," said Wan.

The actions of the NSA have put huge pressure on US technology companies, as customers from Paris to Sao Paulo and from Beijing to Berlin worry about their privacy being invaded.

US President Barack Obama held two discussions with CEOs of major US technology companies in the past six months about the NSA snooping, which led to a "reform" of the NSA to focus on protecting US citizens' privacy, but with little improvement on foreign organizations and citizens.

In May, John Chambers, chairman and CEO of Cisco Systems, wrote a letter to Obama urging Washington to stop using the company for surveillance of its customers, according to an Al Jazeera report.

Foreign tech firms pose threat on Internet
Web security firms pledge to patch XP 'vulnerability' 
Foreign tech firms pose threat on Internet
IBM 'unaware' of server ban 

- Contributed By CAO YIN (China Daily)

World's largest Internet hacker

The spying actions of the US have underscored the urgency of formulating common rules for activities in cyberspace

Last month, the United States Attorney-General Eric Holder announced the indictments of five Chinese military personnel on cyber espionage charges, accusing them of hacking into US companies in the nuclear power, metals and solar products industries. This has seriously compromised relations with China and sabotaged the bilateral cybersecurity cooperation that had been put back onto a normal track after overcoming setbacks.

With the indictments, the US has tried to present itself as the largest victim of cyberattacks, when in fact it is the Cold War mentality and troublemaking of the US that have precipitated the instability and insecurity in cyberspace. If the US doesn't change its behavior, all peoples in the world may become victims of Internet insecurity.

In June 2013, Edward Snowden, a former US National Security Bureau contractor, revealed US intelligence agencies were conducting large-scale network spy programs, such as PRISM, Xkeyscore and others, across the world. His disclosures indicated the omnipotence of the US' Internet surveillance and cyberattacks, which range from spying on communication metadata and backbone networks to the monitoring of short message services, instant messaging and video chats; from spying on ordinary people to spying on enterprises, universities, military units and even heads of state, not to mention the revelations about the US' cyber warfare capabilities.

Aside from its cyber command that has been rapidly growing, the US' marine, land and air forces have also set up their own cyber headquarters. Cyber combat capabilities are already regarded as part of the weaponry of the US' fighting forces. A series of US cyber combat programs have been revealed, from Stuxnet to Fslame and X-Plan, all of which indicate that the US has mastered more complicated means and more threatening abilities than other countries in terms of cyberattacks.

The latest indictments against the five Chinese military personnel have also reminded people of a series of previous cyber espionage claims against China by the US. In February 2013, Mandiant, a US cybersecurity firm, released a report accusing China's military of plotting hacker attacks against US enterprises. After that, many in the US, including the president and senior government officials, expressed a tough stance toward China and threatened economic sanctions against it. Some even suggested that US enterprises "hacked" by China should make cyber counterattacks in retaliation. Such groundless accusations of Chinese cyberattacks have drastically tainted the US' domestic political environment toward China and also frozen cybersecurity cooperation between the two countries.

The Chinese government has consistently advocated a new type of major-power relations with the US, and it has refrained from overreacting to Washington's "threatening signals". Even after the Snowden revelations, the Chinese government still adhered to the principles of no-conflict, no-confrontation, mutual respect and mutually beneficial cooperation, and it is actively pushing for cooperation with the US in cybersecurity and working for the establishment of a cybersecurity work panel under the Sino-US Strategic and Economic Dialogue framework.

All the evidence indicates that it is the US that is the world's largest Internet hacker and that the global cyber arms race triggered by the US' actions poses the largest threat to global cybersecurity. The US has so far cited "for the sake of national security" as the only excuse for its pervasive Internet espionage. The US should know that a country cannot put its national security above the interests and national security of other countries and the basic norms of international relations. The double standards the US has embraced in cybersecurity have damaged its credibility and compromised its image as a responsible power.

To enjoy the dividends of the booming Internet sector and communication technologies, cyberspace must be peaceful, safe, open and cooperative. Cyberspace should not be a field for either a cold or hot war, and the latest developments have once again underscored the importance and urgency for formulating common rules for cyber activities.

The US indictments of the Chinese military personnel are not conducive to global efforts to maintain the stability and security of cyberspace. The US, by taking advantage of its technological and military dominance, has established a cyber hegemony. It is hoped the US can lead the global Internet sector to develop in a healthy direction, as it once spearheaded the progress of Internet technologies for human progress.

- Contributed By Tang Lan (China Daily) The author is deputy director of the Institute of Information and Social Development Studies, China Institutes of Contemporary International Relations.

Related posts:
 
Big Brother USA's spy charges are absurd; Washington plays victim of espionage; Cyberthief crying wolf
As the most notorious surveillance country, the U.S. indictment of Chinese military officers seems almost insolent in a world still reeli...

U.S. cyber attacks, latest data published, China denies accusations...
A spokesperson for China's State Internet Information Office on Monday published the latest data of U.S. cyber attack, saying that Chi...

  
New security structure needed: Trust, collaboration key to Asian security
Chinese president urges countries to cooperate to promote security Chinese Presi
Posted by at 1 comment:
Labels: , , , , , , , , , , , , , , , ,

Shangri-La Dialogue proves unfairly dominated by Washington, regional harsh accusations

The Shangri-La Dialogue (SLD), held annually in Singapore, is a security forum where Western, especially US discourse power has the upper hand. It's not, as the West claimed, timed to deal with security anxieties ratcheted up in the Asia-Pacific region, but a platform to sell US security doctrines that are positively portrayed as "contributing to regional stability."

Throughout these years, three terms have been used over and over to describe China's defense policy at the dialogue, among which "uncertain" is the lightest one. In recent times, China has been increasingly accused of being "aggressive" or "bullying" others. The SLD, which is actually led by the US, offers a platform to communicate with Beijing while pressuring it.

Another purpose of the SLD is to coordinate relations among US allies. At the SLD over last weekend, US Defense Secretary Chuck Hagel rallied defense ministers from Japan and South Korea to hold a trilateral meeting despite strained relationship between Seoul and Tokyo.

Tempers frayed unprecedentedly at this year's SLD, as Japan and the US ganged up to antagonize China. The keynote address delivered by Japanese Prime Minister Shinzo Abe was a barrage against China and its recent behavior in the East China Sea and South China Sea disputes.

Abe emphasized the importance of international law to resolve or at least manage disputes. He also pledged Japan would play an "even greater and more proactive role" with stronger defense ties to Southeast Asia, including an offer to provide patrol boats to the Philippines and Vietnam.

In a subsequent address next morning, US Defense Secretary Chuck Hagel endorsed Abe's speech and unleashed a rhetorical fusillade on China.

The rhetoric from Tokyo and Washington only reinforced both countries' anxieties over China's growing might.

It's not difficult to pick out logical loopholes from Abe's elaborate speech. He clamored for respect for international law, but the prime minister's ambition to enshrine collective self-defense is a violation of Japan's pacifist constitution. How can we expect a man who disregards domestic law to respect international law?

Japan promised to enhance its security role in Southeast Asia. But how can its Self-Defense Forces still be called this if they stretch into Southeast Asia?

The clumsy attacks against China didn't score much resonance from the Southeast Asian contingent, the most important audience at Shangri-La.

Vietnam and the Philippines acted rather constrainedly in Singapore. And after Hagel's speech, a professor from Indonesia asked the defense secretary whether the US is contradicting itself by opposing one single country, implicitly China, dominating East Asia while the US itself pursues a dominant role. But Hagel evaded giving a direct answer.

The tone of this SLD was set during Abe's keynote speech. The Chinese delegation were duly incensed and forced to return fire.

Wang Guanzhong, deputy chief of the General Staff of the PLA, accused Abe and Hagel of sticking to each other targeting China, departing from the speech he had prepared for the dialogue. The Chinese side went toe-to-toe with Washington and Tokyo.

In its move from being a reluctant participant in the SLD, China now engages actively in the security forum.

This year, the sizeable contingent from China includes military representatives, scholars, media persons and a diplomatic delegation led by Fu Ying, chairperson of the Foreign Affairs Committee of China's National People's Congress.

The primary goal of the Chinese delegation was to advocate and elaborate a new security concept for Asia. Nonetheless, we were kidnapped by the crude Western accusations and forced into a defensive battle.

In recent years, there are soaring attacks against China at the SLD, a West-dominated platform.

China should prepare itself for provocations and respond in a more wise and humorous way. There is no need to be led by the nose by the Western countries.

More importantly, we should cultivate and expand the clout of multilateral platforms where China can have a bigger say, such as the Conference on Interaction and Confidence Building Measures in Asia and the World Peace Forum.

Sources: The article was compiled by Global Times reporter Yu Jincui with Jin Canrong, associate dean of the School of International Studies, Renmin University of China. yujincui@globaltimes.com.cn

Regional harsh accusations overshadow Shangri-La talks

Perhaps the number "13" is unlucky after all. For, over this weekend, the 13th Shangri-La Dialogue (SLD), the premier Asia-Pacific security forum held annually in Singapore, was unfortunately shrouded in a thicket of almost tangible tension.

The first salvo was launched by none other than the increasingly controversial Japanese Prime Minister Shinzo Abe. During his keynote speech at SLD opening dinner, Abe made a thinly veiled accusation that China upset the status quo in the East China Sea by threat of force.

Abe talked about the need to change the country's legal basis, a reference to the amendment of Japan's pacifist constitution, to enable it to take part in "collective self-defense." But amiss in Abe's extensive description of the "new Japanese" concept was any mention of Japan's militaristic past which still casts a dark pall over many of its victimized neighbors.

The next morning, as if in sync, US secretary of defense Chuck Hagel wasted no time in his keynote speech to directly confront China by accusing the latter of unilaterally altering the status quo in the South China Sea.

Hagel followed up by officially stating the US disapproval of China's setting up of an Air Defense Identification Zone in the East China Sea. Echoing Abe, Hagel agreed with the need to amend the Japanese constitution, and even mooted the reassessment of their joint defense treaty.

The unusually blunt and strident US posture during this year's SLD startled many observers. But a careful examination of the recent chain of events both regionally and worldwide may provide some clues as to Hagel's tough tone.

A rapidly emergent China, with its attendant rising confidence in tackling foreign and regional matters, almost inevitably gave rise to the perception among some US policymakers that the hitherto more or less unchallenged regional leadership of the US in the Asia-Pacific region was being increasingly sapped.

This resulted in the US urgency to reassert its preeminent role in at least the security matters of the region. Hence the notions of "pivoting" and "rebalancing" rang aloud in US rhetoric versus this region. This sense of acute leadership reinstatement is further exacerbated by recent US foreign policy fiascos around the world.

The Edward Snowden-revealed US blatant spying on foes and allies alike continued to gnaw at global US credibility and moral standing. US President Barack Obama's own threat of use of force to resolve the Syrian civil war was essentially upstaged by a last-minute Russian brokered deal to avert imminent attack.

Yet the Chinese responded to these seemingly joint attacks with a two-pronged approach. The more genteel response was delivered by its former vice foreign minister Fu Ying, who reassured the region of China's peaceful intension and long-standing contribution to regional security.

The more head-on response came in the form of off-the-cuff remarks Wang Guanzhong, deputy chief of the General Staff of the PLA, who characterized both Abe and Hagel's speeches as being provocative to China.

Nevertheless, it should be mentioned that the general mood among many of the SLD participants from regional neighbors was such that while potential Japanese remilitarization and the return of US hegemony in the region were certainly not welcome, a certain perception of increasing Chinese assertiveness in the region, rightly or otherwise, was also taking root. China needs to redouble its efforts in assuring its neighbors of its purported peaceful rise.

But despite their confrontational postures, both Wang and Hagel made ample mentions of various ongoing and perspective security cooperation mechanisms between the US and China, giving the impression that their "new type of major power relationship" could still hold up despite stark differences.

In addition, Abe, Hagel and Wang variously gave high praises for the important roles in regional security played by East Asian Summit, ASEAN Regional Forum as well as ASEAN Defense Ministers' Meeting-Plus.

It is in this sense that despite the dense and serious mood permeating this year's SLD, a glimmer of hope can still be gleaned.

Contributed by Ei Sun Oh Source:Global Times Published: 2014-6-3 19:38:01
The author is a senior fellow with the S. Rajaratnam School of International Studies, Nanyang Technological University, Singapore. opinion@globaltimes.com.cn

Related posts:

Shangri-La Diaogue: US-Japan accusations are hypocritical as well as self-deceiving, unhelpful; China for Asian security
China says stronger PLA benefits security in Asia China was completely justified in rejecting remarks made by US Defense Secretary Chuck... 
China reiterates principle for solving island disputes, China's claims are lawful based on history
  China: S. China Sea claims lawful, based on historical record At the Shangri-La Dialogue in Singapore, the Chief of China´s PLA Ge... 
Related articles:  
Hagel speech reflects US hypocrisy
US Defense Secretary Chuck Hagel's remark at the 13th Shangri-La Dialogue in Singapore on Saturday was nothing but balderdash and justifiably condemned by China.
Posted by at No comments:
Labels: , , , , , , , , , , , , , , , ,
Subscribe to: Posts (Atom)

Rightways