This post was edited by abramicus at 2016-6-26 13:07|
So much for the claim of the Permanent Court of Arbitration to have the authority to arbitrate matters involving the sovereignty of China without China's consent for its arbitration . . .
The result is not the de-legitimization of China's sovereignty over the Spratly Islands, but the total de-legitimization of the claim that it doesn't.
And, of course, China will reluctantly have to enforce the RULE OF LEGITIMATE LAW over the Spratly Islands that belong to it, as inferred by Japan's relinquishment of the Spratly Islands to the Republic of China, first, by its acceptance of the Potsdam Procalamation of 1945, and the Cairo Declaration of 1943, in its Articles of Surrender in 1945, and second, by its acceptance of a separate treaty it signed with the Republic of China in 1952, as noted in Wikipedia at <https://en.wikipedia.org/wiki/Philippines_v._China> as follows:
"The dispute has been affected by the fact that, after Japan renounced all claims to the Spratly Islands and other conquered islands and territories in the Treaty of San Francisco and Treaty of Peace with the Republic of China (Taiwan) signed on September 8, 1951, it did not indicate successor states since China was not invited to the treaty talks held in San Francisco. In reaction to that, on 15 August, the Chinese government issued the Declaration on the Draft Peace Treaty with Japan by the US and the UK and on the San Francisco Conference by the then Foreign Minister Zhou Enlai, affirming China's sovereignty over the archipelagos in the South China Sea,including the Nansha Islands, and protesting about the absence of any provisions in the draft on who shall take over the South China Sea islands following Japan's renouncement of all rights, title and claim to them. It reiterated that "the Chinese government of the day had taken over those islands" and that the PRC's rightful sovereignty "shall remain intact".
On 28 April 1952, the United States presided over the signing of the Treaty of Peace between Japan and the Republic of China. Article 2 of the document provided that "It is recognized that under Article 2 of the Treaty of Peace which Japan signed at the city of San Francisco on 8 September 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title, and claim to Taiwan (Formosa) and Penghu (thePescadores) as well as the Spratly Islands and the Paracel Islands.""
Of course, according to Western mainstream media, none of the above is worth any attention since the Philippine claim on China's Zhongye Island (called Pag-Asa by the Philippines) is based on the FACT that this island was FIRST DISCOVERED BY A FILIPINO NAMED TOMAS CLOMA in 1956, and therefore belongs to the Philippines, before Japan ceded the islands by treaty to the Republic of China in 1952, and to the government of China of the day in 1945, by virtue of its articles of surrender in WWII.