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Hague has no role in S.China Sea disputes   [Copy link] 中文

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Post time 2015-10-31 15:24:55 |Display all floors
(Global Times) The Hague-based Permanent Court of Arbitration sent a gift to the Philippines on Thursday, ruling that it has jurisdiction over the case filed by the Philippines against China's territorial claims in the South China Sea.

The Chinese foreign ministry on Friday said that the ruling is null and void, and has no binding effect on China.

China has been rejecting the Hague-based court's authority in this case since Manila filed the case in 2013. Some people in the West accused China of despising international law. But they have ignored that China is actually doing so in accordance with the rights given by the United Nations Convention on the Law of the Sea (UNCLOS).

China ratified UNCLOS about 20 years ago. Following Article 298 of UNCLOS, China in 2006 handed in a written document, stating it will not accept international arbitration over sovereignty disputes. So far 58 countries have made similar statements, including South Korea.

The Arbitral Tribunal's ruling ignored China's legal rights and the fact that the case involves territorial sovereignty and maritime demarcation. It also ignored China and the Philippines' bilateral and multilateral agreements to solve the disputes through negotiations.

The ruling could become an excuse for those who try to worsen the disputes in the South China Sea and cause tension.

UNCLOS's aim is to avoid forceful intervention. The best solution to territorial disputes is negotiation between the disputing parties.

If the Arbitral Tribunal always decide to expand its power to intervene in such affairs at the request of one side, it will only start a system that may trigger more disputes. This is not what UNCLOS was created for.

China's sovereignty over the South China Sea territories was formed over a long period of time, and has been upheld by various administrations. With ample historical and legal backing, China will not accept any plans over its sovereignty rights forced upon it by other parties.

The Arbitral Tribunal should be clear about China's stance as well as the complexity and risks involved in the South China Sea disputes.

However, the court made a ruling with one-sided influence from the Philippines. It is against the spirit of international law. It also hurts the authority of UNCLOS.

If an international judicial institution twists and abuses the law, how can it shoulder the responsibility to safeguard peace and justice?

Manila knows the Hague will not be able to solve its problem with China. In the end Manila will still have to sit down face-to-face with Beijing to find solutions. The US warship's patrol in the South China Sea and the Arbitral Tribunal's ruling are all smokescreens to fool the world.




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Post time 2015-10-31 15:24:56 |Display all floors
This post was edited by robert237 at 2015-10-31 20:16

The Hague is just another international tribunal created by the Europeans for the Europeans.

Sure there are members from countries across the world but what international tribunal doesn't have this?

Airfares and hotel rooms are inconsequential to world governments so why not join any and all international tribunals
if for nothing else, to see what's going on. In other words.. why not...

So if these kangaroo courts want people outside the sphere of NATO (the western imperialist club) to take them
seriously they have a long, long wait.

It takes time for people to forget 500 years of killing and lying to steal three continents. Maybe another 500 years.

When does the clock start ticking? When the west stops sticking its nose where it doesn't belong.
The end of the Vietnam War would have been a good time. Over a million people killed for nothing more than
choosing to follow a communist leader and wanting their country back. The world was hoping the west had figured
out nations don't like being turned into colonies beholding to western masters.

When will the clock start ticking?
The west pulling out of east Asia would be a good time for this. But as it is, the west is still trying to defeat China.
That much is obvious.

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Post time 2015-10-31 15:52:45 |Display all floors
Believing it or not that EU has declared its interference in the South China Sea affairs by siding with the USA on its warships in patrol of Chinese territories !  But, there you are seeing German politicians and others from EU lining up at China's doorsteps wanting deals and favors from China.

Who is and what is Hague in this South China Sea matter on this side of the oceanic gap?  

The truth is " The Chinese foreign ministry on Friday said that the ruling is null and void, and has no binding effect on China. " Of course, China must never ever give in an inch more to Hague, USA, other EU states siding with USA and definitely NEVER try to sweeten Filipino politicians ever!  





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Post time 2015-10-31 15:57:19 |Display all floors
"UNCLOS's aim is to avoid forceful intervention. The best solution to territorial disputes is negotiation between the disputing parties. "

Problem is China wont negotiate with the disputing parties.  

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Post time 2015-10-31 19:03:28 |Display all floors
Analysis: China faces mounting pressure over maritime claims
Associated Press
By MATTHEW PENNINGTON

WASHINGTON (AP) — Pressure on China over its claims to most of the strategic South China Sea went up a couple of notches this week. First, the U.S. sent a warship in its most direct challenge yet to Beijing's artificial island building. Then over Chinese objections, an international tribunal ruled it had jurisdiction in a case brought by the Philippines on maritime claims.

Neither action appeared likely to stop China in its tracks, as it seeks to assert its control over resource-rich waters that it considers vital to its security. Beijing is expected to put a higher priority on what it sees as its strategic interests than its international reputation.

But it could damage China's efforts to win more respect on the global stage as it emerges as an economic and military power.

The United States, which has had little success to date in its five-year effort to put diplomatic pressure on China over its uncompromising pursuit of claims to more than 80 percent of the South China Sea, is hoping that makes a difference. It welcomed the tribunal decision and said it expected Beijing to abide by the final ruling next year.

Although the tribunal was set up on the basis of a provision of the 1982 U.N. Convention on the Law of the Sea that both the Philippines and China have ratified, China has boycotted the proceedings. On Friday its Foreign Ministry declared that the ruling on jurisdiction was "null and void" and would have no binding effect on China.

The Philippine case, which was filed before the tribunal in The Hague in January 2013, contends that China's massive territorial claims are invalid under the convention. The tribunal on Thursday decided it has jurisdiction in the case.

The tribunal will also examine whether a number of Chinese-occupied reefs and shoals — including an artificial island that was skirted by a U.S. warship this week in a freedom of navigation maneuver that riled Beijing — do generate, or create a claim to, territorial waters and an economic zone. U.S. ally, the Philippines, contends that they do not.

"The fact that the tribunal did not reject jurisdiction on anything in the case brought by the Philippines, and could end up ruling against it on all these counts, introduces uncertainty and anxiety for China," said Bonnie Glaser, senior adviser for Asia at the Center for Strategic and International Studies think tank.

Malcolm Cook, senior fellow at the Institute of Southeast Asian Studies in Singapore, said that outside of China, many maritime law experts feel the Philippines has a strong case and are skeptical of the legal basis for China's expansive claims, which it says are rooted in history. China roughly demarcates this vast area on maps with a nine-dash line.

Despite China's latest legal setback, both Glaser and Cook didn't expect it change course.

"The Chinese navy has a very strong interest in gaining greater sea control over the South China Sea and this interest and its pursuit will likely not be affected by tribunal rulings," Cook said.

In all, six Asian governments have overlapping claims in the South China Sea, straddling some of the world's busiest sea lanes and in areas with rich fishing grounds and potential undersea oil and gas fields. China's massive construction to transform at least seven shoals and reefs into islands in the disputed Spratly Islands have ratcheted up tensions.

Glaser said China views these waters off its east coast as vital to its security which it needs to control to avert any potential crisis intervention by the United States, which since World War II has been the predominant military force in the Asia-Pacific. The ruling Communist Party also needs to be seen as defending national sovereignty.

Since announcing in 2010 that the U.S. has a national security interest in resolving disputes and maintaining peace and security in the South China Sea, Washington has failed to get Beijing to moderate its behavior. In fact, the opposite has happened. When the U.S. called for China and other claimants to halt land reclamation last year, Beijing appeared to double down, building airstrips and other facilities that could have military uses.

Tuesday's sail-by of Subi Reef by the USS Lassen — following long demands from Congress for action and months of debate within the Obama administration — was the toughest U.S. step to date to challenge China's island-building.

The guided missile destroyer sailed within 12 nautical miles (22-kilometer) of the reef to underscore Washington's position that the geographic alteration would not allow the previously submerged reef to generate territorial waters. Subi Reef is one of the land features under scrutiny by the tribunal.

Lynn Kuok, a fellow at the Brookings Institution think tank, said that the combination of legal pressure and freedom of navigation operations could yet prod Beijing into conforming more to the U.N. convention, even if it does not change its official stance on its South China Sea claims.

"As China grows in strength as a maritime power, Beijing might realize that the country's interests are best protected by upholding rather than undermining the convention," she said.

____

EDITOR'S NOTE: Matthew Pennington covers U.S.-Asian affairs for The Associated Press in Washington. Writer Jim Gomez in Manila, the Philippines, contributed to this report.

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Post time 2015-10-31 19:54:01 |Display all floors
If China thinks it is so powerful.....it can go on to bully the world.




I've made my living, Mr. Thompson, in large part as a gambler. Some days I make twenty bets, some days I make none. There are weeks, sometimes months, in fact, when I don't make any bet at all because ...

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Post time 2015-10-31 22:41:08 |Display all floors
Apa lagi Cina mau ?

Being a member country in the Hague Caourts and yet calling it Null and void. Interesting how the Chinese people minds are.. Especially the communist party. the imaginary lines are drawn in the 1940's.. NOT the ancient times.

the Chinese seem to forget the close door policy when the stopped exploring and abandoned all. Now all of a sudden there seems to be claims of all sorts with history coming for so called Chinese experts.  

All because of natural resources :) .. Greed. Just clear that to everyone. No need to paint a rosy picture and all. Giving all kinds of excuse and trying to rally the public ..

Interesting development in the South china sea though.

Whats Brunei, Malaysia, Philippines, Thailand, Vietnam and all other bordering countries going to do about this ?

Veni, Vedi, Vici

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