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Chitchat UN rules against China on South China Sea

scroobal

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http://www.bbc.com/news/world-asia-china-36771749South China Sea: Tribunal backs case against China brought by Philippines
23 minutes ago

An international tribunal has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippines.

The Permanent Court of Arbitration said there was no evidence that China had historically exercised exclusive control over the waters or resources.
China called the ruling "ill-founded" and says it will not be bound by it.

China claims almost all of the South China Sea, including reefs and islands also claimed by others.

The tribunal in The Hague said China had violated the Philippines' sovereign rights. It also said China had caused "severe harm to the coral reef environment" by building artificial islands.

The ruling came from an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), which both countries have signed.

The ruling is binding but the Permanent Court of Arbitration has no powers of enforcement.

The US sent an aircraft carrier and fighter jets to the region ahead of the ruling. Meanwhile, the Chinese Navy has been carrying out exercises near the disputed Paracel islands.

Philippe Sands, a lawyer for the Philippines in the case, said it was a "clear and unanimous judgement that upholds the rule of law and the rights claimed by the Philippines".
He called it a "definitive ruling on which all states can place reliance".

However, the Chinese state news agency Xinhua said that "as the panel has no jurisdiction, its decision is naturally null and void".

The tribunal was ruling on seven of 15 points brought by the Philippines. Among the key findings were:
Fishermen from the Philippines and China both had fishing rights around the disputed Scarborough Shoal area, and China had interfered by restricting access
China had "destroyed evidence of the natural condition of features in the South China Sea" that formed part of the dispute
Transient use of features above water did not constitute inhabitation - one of the key conditions for claiming land rights of 200 nautical miles, rather than the 12 miles granted for rocks visible at high tide.

The BBC's Robin Brant, in Shanghai, says this is the worst outcome for China and its action in the seas hundreds of miles away will be the crucial next step.

In a statement, the Chinese foreign ministry said China was the first to have discovered and exploited the South China Sea islands and relevant waters, "thus establishing territorial sovereignty and relevant rights and interests".

The press room was packed but the statement from Philippine Foreign Secretary Perfecto Yasay lasted just two minutes.

In four short paragraphs, he explained that experts were now analysing the ruling and called on all concerned to exercise "constraint and sobriety" at what he described as a "milestone decision".

There were no celebrations, hardly even a smile. And there's a reason for that.

This is not the same government that first brought this case to the Permanent Court of Arbitration three and a half years ago, in the aftermath of a standoff at Scarborough Shoal.

Two weeks ago, Rodrigo Duterte was sworn in as Philippine president. All the indications are that he is more willing to seek accommodation with the Chinese than his predecessor, Benigno Aquino.

Here in Manila, many believe that the new president may have sought promises of Chinese investment, in return for a quiet, dignified response.
 

winners

Alfrescian
Loyal
Here in Manila, many believe that the new president may have sought promises of Chinese investment, in return for a quiet, dignified response.
Soon to come, those Filipino women will be sent to Tiongland as wives for their men. Duterte is a traitor.
 

virus

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he is a murderer, he murder crooked polis so he can set up $$ income for his own peers
 

gatehousethetinkertailor

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No surprises here:

July 12, 2016

MFA Spokesman's Comments on the ruling of the Arbitral Tribunal in the Philippines v China case under Annex VII to the 1982 United Nations Convention on the Law of the Sea (UNCLOS)

In response to media queries on the ruling of the Arbitral Tribunal in the Philippines v China case under Annex VII to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the MFA Spokesman said:

1 Singapore has taken note of the Award made by the Arbitral Tribunal convened under Annex VII to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on 12 July 2016 on the case between the Republic of the Philippines and the People’s Republic of China. We are studying the Award and its implications on Singapore and the wider region.

2 Singapore is not a claimant state and we do not take sides on the competing territorial claims. However, we support the peaceful resolution of disputes among claimants in accordance with universally-recognised principles of international law, including UNCLOS, without resorting to the threat or use of force. As a small state, we strongly support the maintenance of a rules-based order that upholds and protects the rights and privileges of all states.

3 Singapore values our long-standing and friendly relations with all parties, bilaterally and in the context of ASEAN. We urge all parties to fully respect legal and diplomatic processes, exercise self-restraint and avoid conducting any activities that may raise tensions in the region.

4 Singapore supports the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea and the expeditious conclusion of a legally-binding Code of Conduct in the South China Sea.

https://www.mfa.gov.sg/content/mfa/media_centre/press_room/pr/2016/201607/press_20160712_2.html
 

JohnTan

Alfrescian (InfP)
Generous Asset
Let's see if Duterte would issue a bounty for every chink fishing boat sunk and chink fisherman captured!
 

Bigfuck

Alfrescian (Inf)
Asset
This is another variation of Middle East land division during T. E. Lawrence's days, the Palestine/Israel problem, the India/Pakistan problem, the two korea problems, the Burma problem, the EC problem as well as the Japan/Russia island problems, the Iranian revolution, the Afghan live munitions testing tradeshow with Afghans and more..
 
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blissquek

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Loyal
Let's see if Duterte would issue a bounty for every chink fishing boat sunk and chink fisherman captured!

I don't think this guy will last long....shooting off from his mouth with his grand idea of wiping out all the criminals in his land. He must know that the underworld also has the power and means to wipe him out. They are not going to sit there idle and be his shooting duck.

Someone must give this Duterte a ticket to see Rome.

And tell him that Rome is not built in One Day.
 

scroobal

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Loyal
I was intrigued by the headline - 40 intellectuals!!, until I was read the content, LOL. Its like Association of streetwalkers of Lor 23 submitting their views to the Constitution Committee on the PE. I bet China too could not help laughing at this.

TOP 40 INTELLECTUALS SUPPORT CHINA’S STAND ON SOUTH CHINA SEA
Monday, 11 July 2016 17:56 Posted by Parvez Jabri
imageISLAMABAD: The top 40 intellectuals under the umbrella of 101 Friends of China Assembly supported China's stand on South China Sea by adopting a Resolution in this regard.

The resolution expressed serious concern over the escalation of tension in the South China and alarm over the military build up in the recent weeks in the region, which was adopted unanimously.

Expressing solidarity with China, the resolution stressed that the Permanent Court of Arbitration should conduct business strictly within its jurisdiction and that its rulings should not be used as an instrument to fuel tensions and disputes.

The resolution was presented in a meeting of the Islamabad- based senior members of the Supreme Central Committee of the Friends of Pakistan here on Monday, which was adopted unanimously.

It underlined that international arbitral institutions should not be used for political purposes.

Moreover it also urged all parties concerned to avoid provocative pronouncements and actions, exercise utmost restraint and seek peaceful settlement through negotiations.

The resolution also emphasized that a peaceful resolution of disputes through bilateral channels would reinforce the rule of law.

It also appreciated China's historic and transformative One Belt One Road initiative that is building confidence, fostering peace and prosperity in the region and connecting Asia with Africa and Europe.

It underscored that for the CPEC, the flagship project of One Belt One Road, peace and stability in the region were imperative

Underlying the deep-rooted historical and strategic ties between Pakistan and China, the resolution fully endorsed the position taken by China on the South China Sea in regard to its sovereignty over Nansha Islands and the surroundings waters.

It also took note of China's declaration that it would continue to fulfill regional and international responsibilities, upheld the integrity and authority of the UNCLOS and other international law and safeguard the rule of law.

It expressed hope that no steps would be taken to hurt China's sovereignty and security interests.

The resolution also called on all nations to work for building common, comprehensive, cooperative and sustainable security for all and urged all powers in the region to take steps to de-escalate the situation, demilitarize the region and in doing so avoid misjudgments that could lead to accidents or unintended conflagration or World War III.

Deputy Head Mission, Embassy of China in Pakistan, Zhou Lijian thanked the 101 Friends of China for supporting the genuine case of China saying that this resolution was very much in time which showed strong support from people of Pakistan to the people of China.

He said, China wanted to resolve the issue of South China Sea peacefully through negotiation with its neighboring countries including Vietnam and Philippines.

Copyright APP (Associated Press of Pakistan), 2016
 

virus

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Loyal
This is another variation of Middle East land division during T. E. Lawrence's days, the Palestine/Israel problem, the India/Pakistan problem, the two korea problems, the Burma problem, the EC problem as well as the Japan/Russia island problems, the Iranian revolution, the Afghan live munitions testing tradeshow with Afghans and more..


You missed out the falklands island
 

scroobal

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Loyal
This is materially different because of the time context. Its like the laws forbidding homosexuality that was found across the codified laws of the commonwealth. At that time perfectly acceptable. Today if you stand on a pedestal in a relatively advanced nation of the Commonwealth and demand that homosexuality be banned, even your 12 year old kid will laugh at you.

Many people around the World find China's conduct amusing and archaic and these are nice folks. Whole other bunch think its classic case of a school yard bully taking on a tiny lad called Philippines. Intellectuals will readily agree that this conduct is no different to what the colonials and imperialist did to many smaller countries including Raffles but time has moved on.

You missed out the falklands island
 
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streetcry

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Ambassador Liu Xiaoming gives interview to Reuters on the South China Sea

On July 4th, the Reuters website carried an article based on a joint interview with Chinese Ambassador Liu Xiaoming on June 9th by the Reuters' global news editor Alessandra Galloni, business and news investigation editor Simon Robinson, Breakingviews' editor John Foley, European Politics and Economics editor Mark John and Asia Top News editor Mike Collett-White. The article is entitled "Ahead of key court ruling, Beijing in propaganda overdrive".
The following is the transcript of the interview.
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Alessandra Galloni: Maybe we could start with if you could tell us where we are now in terms of what your position is vis-a-vis the ruling that is about to happen?
Ambassador Liu: Our position had been reaffirmed by the statement just issued by the Ministry of Foreign Affairs regarding this arbitration initiated by the Philippines: China will not participate in the arbitration. From day one, China strongly opposed this arbitration case. We believe it is illegal for a tribunal to handle this case.


First of all, the Philippine's arbitration case is against UNCLOS, because sovereignty and territorial disputes are not under the jurisdiction of UNCLOS.
Secondly, Philippine's case is also related to maritime delimitation. China, like 30 other countries, made a declaration in 2006, that China will not take part in third party arbitration when it comes to maritime delimitation. UK is one of the 30 countries. UNCLOS provides that sovereign countries have their sovereign right to make these declarations on optional exceptions.


Thirdly, China has always been calling for bilateral consultation and negotiations with neighboring countries, including the Philippines, when it comes to maritime disputes. And a series of documents can show that the Philippines agrees to this practice. There are a series of statements between China and the Philippines on how to resolve disputes. It was until 2013 when they submitted this arbitration case. In our view, the Philippines have turned their back on their promise and that is against international practice. Once agreed, you have to follow your commitment.


It is also part of the Declaration on the Conduct of Parties in the South China Sea (DOC) reached by China and the ASEAN countries that disputes should be resolved by peaceful means through friendly consultations and negotiations by sovereign states directly concerned. The Philippines agreed to it but turned their back on it.
Fourthly, this arbitration, according to UNCLOS, is only a supplementary means to resolve disputes. Bilateral channel is regarded as the main means to resolve a dispute between countries. The Philippines had never come to China to talk about this arbitration. And China and the Philippines had never had serious negotiations on this subject back then. That means the main channel had never been used, to say nothing about being exhausted before the Philippines went to arbitration. That is against the spirit of UNCLOS.


So we have many reasons to oppose this arbitration case. We also hold the position that if this arbitration goes through, it will set a very bad example. That concern has been expressed not only by Chinese legal experts, but also by British and Dutch experts on the Law of the Sea. China's position has been supported and appreciated by many countries and international organizations, many legal experts, not only in China, in Asia, but also in Europe and America. That is our basic position.


Some people try to label China as not respecting international law if we reject this arbitration. But that is totally wrong. What China is doing is exactly safeguarding the authority and seriousness of international law, safeguarding the letter and spirit of UNCLOS. We do not know and do not care when this arbitration decision will be made. No matter what decision this tribunal is going to make, we think it is totally wrong. It has no impact on China and China's sovereignty over these islands and reefs will not be bound by it. It will set a serious, wrong, and bad example. We will not fight in the court, but we will certainly fight for our sovereignty.
Alessandra Galloni: You mention that there are countries supporting China's position. How many countries are on your side on this matter?
Ambassador Liu: There are many. Some countries issue statements. During China-Russia-India Foreign Ministers Meeting, a joint statement was published, endorsing China's position. The Shanghai Cooperation Organization supported China's position. Some ASEAN countries, African countries, European countries, dozens of them – quite a few countries appreciate China's position.


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Mike Collett-White: When you talk about support for China's position, you mean the position that this arbitration process is not legitimate?
Ambassador Liu: In different countries, they have focus on different parts of this case. But on the whole, they appreciate and support China's position that this should be resolved through bilateral channels rather than put up for arbitration by the tribunal. Because according to international law, that tribunal cannot handle that case without the consent of both sides of the dispute. The Philippines unilaterally submitted this case to the tribunal. They never consulted with China before they submitted it to the so-called tribunal. They did it at our surprise. They did it at the expense of China's national interests. It is a serious damage to the national interest of China. So China is fighting for its sovereignty and its national interests. What is more, we are fighting for justice. In terms of essence and procedure, it is wrong for the tribunal to handle this case.


Mike Collett-White: If the diplomatic machinery is used and does not produce agreement, what is the correct mechanism for reaching consensus?
Ambassador Liu: If you have not tried the diplomatic negotiations, how can you prejudge the outcome? You know, we have differences with several neighboring countries. Take for example, China has 14 neighbors. We reached treaty and agreements on the border arrangements with 12 of them. That means diplomatic negotiations are effective, and we can resolve disputes through bilateral negotiations. China has disputes with Vietnam, yet through friendly and time-consuming process of negotiation, we reached an agreement with Vietnam on the Beibu Gulf, with regard to maritime delimitation and how to manage disputes. China has been working for peaceful settlement of dispute.


We understand these are difficult issues, as different countries have different claims. But first of all, we should make it clear that it is not that China is claiming these islands now; China was the very first country to name the islands, to develop the islands and to manage the islands. Before 1970s, of all the neighboring countries, no one had challenged China's sovereignty over those islands. Only when oil and resources were found did they start to scramble to claim rights. Up to now, 42 islands and reefs had been illegally occupied by Vietnam, the Philippines, and Malaysia. We are not going to war with these countries. We do not want to have a fight with them, but we stand firm with regard to China's sovereignty over these islands. We believe what they are doing is illegal occupation of the islands.
And we propose that we can shelve the disputes. We can have negotiations to try to find a solution as to how to handle the disputes. At the same time, we can have joint development. So our position is: shelving disputes and common development. So that has been our position all along and is still our position.


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Alessandra Galloni: And this will count for the Philippine's claims as well, in other words to jointly develop…
Ambassador Liu: Yes, of course. You know, we are open to negotiations. The Philippines, they can put forward their proposals. And we can have our proposals and we'll meet half way. Any negotiation is a process of compromise. And the statement issued by the Ministry of Foreign Ministry yesterday is still calling for negotiations with the Philippines. Now they have elected a new government. We do hope that they will change their course, return to the negotiation table, return to the bilateral talks with China. The door is always open.


Alessandra Galloni: Has there been any indication from the new Philippine government that they would like to return to the table?
Ambassador Liu: We do not have specifics with regard to their response regarding the arbitration case, but we read some positive signal from the Philippine government that they want to have a good relation with China; they still believe good relation between China and the Philippines is in the Philippines' interest and they would like to have friendly discussions with us, but so far we haven't heard anything about their official position on the arbitration, or any change of their position on the arbitration case.


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Simon Robinson: There are very strong arguments why China would have the claim to those islands and why the process that's going through in The Hague is not right. Why do many parts of the world still see China as the "bad player" in this?


Ambassador Liu: When you say "many", I'm not so sure about "many". I've been very straight forward in my Q&A at IISS not long ago. I think before America's so-called 'rebalancing in Asia Pacific', the South China Sea was very quiet, very peaceful. China was talking to the neighboring countries. We had a Declaration of Conduct. And the Philippines was talking to us. Once the Americans came in, so-called "rebalancing", things changed dramatically. The Vietnamese changed their position with regard to talking to China. The Philippines changed their position. I think the American move in the Asia Pacific emboldened those countries to change the traditional channel of negotiation with China. And they probably believe that they have the Americans behind them, and they can get a better deal with China. So I'm very suspicious of American motives.


America openly supports the Philippines in this case. And they got Japan. America is the superpower. America has some allies. I don't know what kind of influence they try to exert on their allies. So we've heard this chorus of countries, but I don't think there are many. There are some. They might be the minority but they can make a big noise. I heard that the G7 made a noise, but the G7 is not the world. I think the G7 should realize their influence on world affairs is history or yesterday's story. But they still believe they are the most influential power in today's world. We are strongly opposed to the statement by the G7 with regard to the South China Sea issue, with regard to the tribunal case. We don't think they are on the right side of the arguments.


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John Foley:Speaking of the large developing countries, India recently said it's been approaching Vietnam to supply missiles that it makes. Now this is a tiny, tiny incremental step in the bigger picture that we are talking about here, but it is a step nonetheless. And Indian defense officials, they are not on the record, but they made no secret of the fact that this is with a view to trying to dilute, perhaps, China's influence over disputed waters. I don't want to focus just on that but basically it's an example of how other countries are sort of getting involved. You might say it's unwelcome but it's becoming not just traditional countries that have been locked in the dispute. It seems to be spreading. Is that something that you are concerned about?


Ambassador Liu: Not to my concern. I think for the Vietnamese Government and Party, to have a good relation with China is in the national interest of Vietnam. Their President, their Party Secretary have visited China very often. It's always China's position to have a good neighborhood policy. No foreign relationship is more important than the relationship with your neighbors. That applies to any country. So we attach great importance to our relations with Vietnam.


You know relationship goes up and down, back and forth. During Vietnam's war against the Americans, China and Vietnam were allies. We fought shoulder to shoulder. And after the war, China and Vietnam fought each other. It's not because of us. I think the Vietnamese made a wrong judgment. They were on the wrong side of history. Now I think people reflect on what was happening in the past and realize what are in the best interest of the two countries. We are both developing countries. I think we have more in common. The commonality between China and Vietnam is greater than the differences between us. I'm confident about the relation between China and Vietnam.


We also have a good relationship with India. When Prime Minister Modi came to office, the relationship has grown stronger and stronger. President Xi Jinping visited India and Prime Minister Modi also visited China. Prime Minister Modi even took our President to his hometown and, you know, that's a very special arrangement. India is one of the largest neighbors of China. We have very good cooperation in the BRICS. India and China are really the two largest developing countries. There is more common ground, more common interests that bind our two countries together than the differences that divide us.

To answer your question about missiles, we do hope that countries in the region will do more positive things – things that are conducive to stability, prosperity – rather than the opposite.


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Mark John:France has proposed to European countries to take part in joint South China Sea patrol. Is China open to that?
Ambassador Liu: I would say now the situation in the South China Sea is calm and peaceful. There is no reason for military involvement from outside power at all. Americans said they are there for so-called safeguarding freedom of navigation. We think this is a false argument. As I said, before their "rebalancing", the South China Sea was very quiet, very peaceful, and very stable.


One of China's long-term position with regard to the dispute of the South China Sea is what we call "dual-track approach". One track is bilateral negotiations. We realize there is a dispute. We engage with Vietnam, the Philippines, Malaysia – countries that we have a dispute with bilaterally. The other track is China and the ASEAN countries – 10 countries – working together to maintain peace and stability in the South China Sea. As a result of this work, we have the Declaration of Conduct to guide how we should behave, how to operate in the South China Sea. Three years ago, we started the process of working on a "code of conduct". The Declaration sets the principle. And the "code of conduct" will be more detailed guidance about how countries should behave, how they should work together; when it comes to a difficulty, a problem, a contradiction, how we should work together, coordinate, and try to find a solution. So we believe this region – because of China's proposal, because of the collaboration between China and ASEAN – it has been peaceful and quiet.


Yet Americans now send more reconnaissance planes and warships. What they are doing is not for safeguarding free navigation. They are there to challenge China's sovereignty over the islands and reefs. And they make a dangerous provocation. China has a legitimate right to check what they are doing. The South China Sea is very wide. There is a lot of space and area for American warships and planes to go through. Yet they are not interested in the open sea. They are more interested in areas close to China's islands and reefs. What are their intentions? If they do not try to provoke, I think the area and the region will be very peaceful, very stable. So there is no reason for foreign fleet to go to the South China Sea to patrol, to protect the free flights, the freedom of navigation.


So far we have not heard a single case that a merchandise vessel or whatever run into problem, or was restricted with regard to their freedom of navigation. Not at all. The Lloyds, a very prestigious insurance company, never regards the South China Sea as a risky area. If they found it risky, they would raise the insurance premium. They think the risk is very low and there is no reason at all for them to give any warning to their ship owners. So I think this issue is really of Americans' making. They want to make an excuse so that they can have more military presence.


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Mark John: And can you reassure the Americans therefore that there aren't any plans by China to reclaim and build on the Scarborough Shoal?
Ambassador Liu: Why should we give Americans reassurance of that? I think there is a misperception of why China is doing this. First you have to realize that is Chinese territory. China has sovereignty on the territory. Likewise, foreign countries cannot tell the British government what to do, or not to do, on your territory or on the islands that belong to you.


Before the Americans made up this things, Vietnam, the Philippines, Malaysia – countries that have claims on the islands that they illegally occupied – have had constructions long since. Yet the Americans turned a blind eye to this. The Philippines and Vietnam all have deployed military forces on these islands. It is not China who did all this construction. China is a late comer.


Some people say that China has done it on such a big scale, so that's why they are concerned about this. China is a large country and our islands are bigger. Big or small is not the base for an argument, but whether it is right or wrong.


First of all, if construction on the island is wrong, why do Americans and Europeans turn a blind eye to the Philippines and Vietnam? Secondly, the Philippines and Vietnam are doing all these things on illegally occupied territories, whereas China is undertaking constructions on our own islands, not illegally occupied islands, and also mostly for civilian purposes.


China is not doing this construction for our own interest. We are also providing public service. We build lighthouses, rescue centre, and maintenance service center. I read some reports, in fact by you, Reuters, that some ship owners from Singapore, Southeast Asia, give us a big hand for these constructions. They said that because of the facilities built by China, when it comes to rescue efforts, it saves more time and increases chances of survival. So it has been welcomed by ship owners and by neighbouring countries. So we are doing the right thing.


Simon Robinson: Why does Washington want to challenge China's sovereignty in the South China Sea?
Ambassador Liu: They want to find an excuse to have their strong military presence in the South China Sea and in the Asia Pacific. If it is so quiet, what is the reason for them to be there?


Alessandra Galloni: Going back to your lighthouses, and this mention of the rescue efforts that have helped other countries, one of the things China has said is that this reclaiming, building lighthouses and other initiatives, are to the benefit also of the international community. Could you explain that a little bit better? You mentioned certain rescue efforts which take less time. What else exactly?


Ambassador Liu: There are many. I have a laundry list of all the services available, such as water supply, lighthouse, environmental reservation, and scientific research.


Alessandra Galloni: And this would benefit specifically the international community?


Ambassador Liu: Yes, of course. And we are open also. We may have some joint research in the future with British scientists with regard to marine conservation. When asked if there is a possibility for foreign journalists to land on some of the reefs and islands, our foreign minister responded by saying when conditions are ripe, we certainly would welcome foreign journalists.


Alessandra Galloni: Because there is the sense that the inability of doing that, not letting journalists in, there is something to hide.
Ambassador Liu: We want to make your trip more comfortable.


Alessandra Galloni: We are journalists. We don't need comfort.


Ambassador Liu: China is a very hospitable country. I hope you will not be faced with the situation as in Iraq, Syria.
Alessandra Galloni: So it is for our protection.


Ambassador Liu: For your safety. I just received a delegation from Chinese military. They are here for consultation with British military. I asked them when they would be ready to receive foreign journalists. We really would like to have some British journalists, especially for those who are open-minded, not biased against China, doing good reporting. I would include a reporter from Reuters in the pool. He said in due course, we will get journalists in. But now construction is still going on. I don't think your journalists will be happy when there are cranes over their head.


Alessandra Galloni: The decision is a military one. I thought they are civilian projects. Why is it up to the military to decide?


Ambassador Liu: The majority of them are civilian. But there are some military facilities. As for the question why China is building military facilities, you should ask the Americans. They made us feel threatened. It is not we who are threatening the Americans. They sent their warships and military aircrafts so close to us. We need to do something to protect ourselves.


John Foley: One of the things that always puzzled me when I lived in China, this may sound very naïve, but I am just trying to think about this with no cultural baggage. The things that give China the legitimacy as a growing, maybe adolescent superpower, or future superpower, they are things like a huge population, rising wages, rising standards of university education and a very globalized approach to things like trade and finance. They are not land borders. I've always wondered given that China has so much legitimacy through showing other countries how to overcome traditional restrictions and borders, why do you care so much about some uninhabited islands when really what makes China a superpower is things that have nothing to do with borders and sea?


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Ambassador Liu: I think that is in China's DNA. China has been suffering badly in the hands of foreign powers in the past hundred years. The other day I was with a Chinese delegation touring British parliament. And there was a senior official who asked me whether that was the room where the British parliament debated about launching the opium war against China. I said "exactly". The Chinese people have a long memory of what we suffered, when many unequal treaties were imposed on China.

I often share one story with visitors from China and with my staff. This Embassy is the very first Chinese mission overseas. While we should feel proud of the tradition, we are not proud of the reason why this has become China's very first mission abroad.


That's a result of the Treaty of Yantai (a city in Shandong Province) imposed by the British Empire. A translator of the British legation in China was killed in a fight with local people in Yunnan after he had shot dead a local resident. The British Empire took advantage of this incident and imposed this Treaty of Yantai on China. It contains three basic articles: one, pay compensation of 200,000 taels of silver; two, open up four more ports along the Yangtze River; three, and the most humiliating, send a minister to Britain to make apology, face to face, to Queen Victoria.


China was weak then after the Opium War, could do nothing but pay the money, open up the ports, and send this poor minister, my very first predecessor to Britain. But the Emperor realized it was a very humiliating mission, and that since there were many ministers in China from many countries, from Britain, France, Italy, and many other European countries, he decided to turn this minister with one mission of apology to a resident minister in order to save face.


So the first resident Chinese minister was sent overseas. His mission was to make apology. The first letter presented by a Chinese resident minister to a foreign head of state was not the letter of his credential but a letter of apology. This was a humiliating past. It's always remembered.


John Foley:biggrin:o you think the young people in China, who have Taobao, Weixin and holidays in Thailand, do you think they would care about this, what the government talks about all the time?


Ambassador Liu: I think the majority do. From time to time, I receive invitations to talk to the students in Beida (Beijng University) and other universities, and to Chinese students in many universities here in the UK. Many of them see me as a hero because of my interview on BBC Newsnight with Jeremy Paxman, defending China's position on Japanese Prime Minister Abe's visit to the war shrine, on Diaoyudao and other issues. And I was told that I have millions of fans in universities and colleges. So there is a high enthusiasm and patriotism among young people. They care about what China should be today and what China will be in the future.
We have lost so many territories, so people care about the territory we have. In China, there's an old saying, "one inch of land is worth the same amount in gold". We are not asking for any territory that does not belong to us, but we'll defend every inch of our land at any cost. I hope that answers your question.
Alessandra Galloni: Thank you, Ambassador Liu, for giving the interview.


Ambassador Liu: I look forward to meeting you again.


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streetcry

Alfrescian
Loyal
Arbitral Tribunal unfairly biased against Beijing

Editor: Zhang Jianfeng 丨Global Times
In late October, 2015, the UN Convention of the Law of the Sea (UNCLOS) Tribunal issued the Award on Jurisdiction and Admissibility in the Philippines-China arbitration case. The panel of five judges unanimously ruled that among the 15 specific submissions for redress presented by Manila, the Tribunal does have jurisdiction with respect to the matter raised in seven of the submissions, and the jurisdiction over the remaining eight submissions will be determined together with merits.


The Tribunal has failed the principles of justice. First, the composition of the Tribunal and the selection of arbitrators were not equitable. As the Chinese government has long stated that it will not participate in or accept the arbitration, it cannot appoint its arbitrators, thus cannot maintain China's legitimate rights on the Tribunal.


Given the absence from the proceedings of one party, the selection of arbitrators needs to be cautious. However, Shunji Yanai, President of the International Tribunal for the Law of the Sea, who is Japanese, arrogated all powers to himself at a time when the China-Japan relationship was at its lowest ebb over the Diaoyu Islands dispute.


On April 24, 2013, Yanai appointed Chris Pinto of Sri Lanka as judge of the Arbitral Tribunal. But on May 21, Pinto resigned, citing that his wife is a Filipino national. Pinto did not need to consider that long but should have stepped down right away. This procedure shows that without the participation of the Chinese government, the composition of the Tribunal and the appointment of arbitrators are suspected of under-the-table dealings. The core interests of the Chinese government are put in danger.


Second, the arbitrator who was selected to represent China sided with the Philippines, which is not acceptable. Under normal circumstances, the ruling over international disputes should allow for opposing votes and reservations. The ruling of international courts is no exception. On August 25, 2006, the Chinese government filed a statement to the Secretary-General of the UN saying that it "does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b), and (c) of Article 298 of the Convention." China gains absolute advantages, while the Philippine government has expressly excluded the issue of territorial sovereignty by avoiding Article 298 of the UNCLOS.


Alfred Soons, an arbitrator of the case, believed the status of islands was closely associated with demarcation and sovereignty issues in an article he co-authored with other people a few years ago. But he has changed his stance. As an arbitrator representing China, he was supposed to support China's stance. Rather, he voted in favor of the Philippines. This makes the Chinese people doubt the justice of the Award and the integrity of the arbitrators.


Third, the initial ruling during the proceedings does not conform to international practices. The ruling during the proceedings must clarify whether the Tribunal has jurisdiction with respect to the matter raised in the 15 submissions presented by the Philippines. However, as the Tribunal ruled that it has jurisdiction with respect to the matter raised in seven of the submissions, the other eight should be turned down.


But the Tribunal has shown partiality for the Philippines by considering the seven other submissions in conjunction with the merits and requesting the Philippines to clarify and narrow one of its submissions. It is actually bluntly supporting the Philippines' claims.


Fourth, on December 5, 2014, China issued a Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines, which stated reasons why China neither accepts nor participates in the arbitration. The Chinese Embassy in the Netherlands sent a note verbale and accompanying Position Paper to the five members of the Arbitral Tribunal.


China has consistently stated that the aforementioned communications should not be interpreted as China's participation in the arbitral proceeding in any form. However, the Arbitral Tribunal considered that the communications by China effectively constitute a plea concerning the Arbitral Tribunal's jurisdiction. The arbitration on substantive matters is not expected to be in favor of China, and the Chinese government will not admit or implement the arbitration on substantive matters. China could denounce UNCLOS and set a legal basis for not implementing substantive rulings unfavorable to itself in the future. Meanwhile, it will not be bound to similar requests made by other sea claimants such as Vietnam and Japan.


The author is a professor of Southwest University of Political Science & Law.

 

Ariadne

New Member
China is swimming in their own news media bubble as they have now blocked off almost all of foreign news media, social media etc. Hence their leaders think that their folks will think that China is in the right, and everyone else is wronging China.

In the court of global public opinion, China has lost terribly in this dispute. They know it, hence the strong reaction, just like Trump when he is clearly in the wrong.
 

3_M

Alfrescian
Loyal
The ruling doesn't has any legally binding effect and will likely be ignored. For such arbitration to be legally binding, the disputing parties need to mutually agree to bring the case before international court. Both parties must agree to abide by the ruling of and subject themselves to the compulsory jurisdiction of international court.

Cases like sinkieland vs malaysia over Pedra branca, malaysia vs Indonesia over the 2 islands off coast of Sabah are good examples. In the case of scs, one party did not agree to settle the case through compulsory binding procedure and didn't recognize the compulsory jurisdiction of ICJ. Thus ICJ ruling is redundant and not legally binding
 

streetcry

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Dai Bingguo: China not to be intimidated, even if U.S. sends 10 aircraft carriers to South China Sea

The Chinese people would not be intimidated by the U.S. actions, not even if the U.S. sends all its ten aircraft carriers to the South China Sea, said Dai Bingguo, former state councilor of China, on Tuesday at the dialogue on South China Sea between Chinese and U.S. think tanks in Washington, D.C.


Dai said, first, Nansha Islands are China's integral territory; second, China remains committed to peaceful resolution of disputes in the South China Sea through negotiations and consultations with countries directly concerned; and third, the situation in the South China Sea must cool down.


The arbitral tribunal has no jurisdiction over this case. By making a so called "award", it has willfully expanded its power, which is against the UNCLOS and is null and void, he added.


He said, “We hope that the U.S. side will take an objective and fair approach regarding the arbitration, rather than criticizing China for upholding the UNCLOS from the position of a non-state party.”


Dai also said, “One should not be too ready to frame the South China Sea issue as a strategic issue or interpret and predict China's behavior by drawing from western theories of international relations and history.”


“It would be nothing but baseless speculation to assert that China wants to make the South China Sea an Asian Caribbean Sea and impose the Monroe Doctrine to exclude the U.S. from Asia or that China is trying to compete with the U.S. for dominance in the South China Sea, Asia and even the world,” he continued.
“For China, the South China Sea issue is all about territorial sovereignty, security, development and maritime rights and interests. It is all about preventing further tragic losses of territory. China's thinking is as simple as that. And there is no other agenda behind it. We have no intention or capability to engage in ‘strategic rivalry’ with anyone. We have no ambition to rule Asia, still less the Earth. Even in the context of the issue in question, we have never claimed we own the entire South China Sea. We only have one ambition, which is to manage our own affairs well and ensure a decent life and dignity for the nearly 1.4 billion Chinese people,” he said.


“Since last year, the U.S. has intensified its close-in reconnaissance and ‘Freedom of Navigation’ operations targeted at China. The rhetoric of a few people in the U.S. has become blatantly confrontational. How would you feel if you were Chinese? Wouldn't you consider it unhelpful to the U.S. image in the world? This is certainly not the way China and the U.S. should interact with each other,” he added.


“Having said that, we in China would not be intimidated by the U.S. actions, not even if the U.S. sent all the ten aircraft carriers to the South China Sea. Furthermore, U.S. intervention on the issue has led some countries to believe that the U.S. is on their side and they stand to gain from the competition between major countries. As a result, we have seen more provocations from these countries, adding uncertainties and escalating tensions in the South China Sea. This, in fact, is not in the interest of the U.S. The risk for the U.S. is that it may be dragged into trouble against its own will and pay an unexpectedly heavy price,” said Dai.


The daylong closed session between Chinese and U.S. think tanks was jointly organized by the Carnegie Endowment for International Peace and Chongyang Institute for Financial Studies at Renmin University, in coordination with the National Institute for South China Sea Studies and Woodrow Wilson International Center for Scholars.
 

scroobal

Alfrescian
Loyal
You got to laugh at the statement below

Some people try to label China as not respecting international law if we reject this arbitration. But that is totally wrong. What China is doing is exactly safeguarding the authority and seriousness of international law, safeguarding the letter and spirit of UNCLOS.

China ratified INCLOS (United Nations Convention on the Law of the Seas) in 1996 and now pretending to be safeguarding the letter and spirit of UNCLOS. At least come out with some logic for their claims. They got away with Tibet because the World post WWII was still coming together but not this time.

One thing you will see is their life long habit of making numerous long statements and and long winded speeches. Someone should tell them that quality and not quantity is going to carry the day.
 

3_M

Alfrescian
Loyal
You got to laugh at the statement below



China ratified INCLOS (United Nations Convention on the Law of the Seas) in 1996 and now pretending to be safeguarding the letter and spirit of UNCLOS. At least come out with some logic for their claims. They got away with Tibet because the World post WWII was still coming together but not this time.

One thing you will see is their life long habit of making numerous long statements and and long winded speeches. Someone should tell them that quality and not quantity is going to carry the day.



UNCLOS allow states to selectively rectify the clause. In other words, there are exclusion clause in UNCLOS. One such clause to allow member states to opt out of settling dispute through international arbitration.

In addition, article 298, paragraph 1, allows States and entities to declare that they exclude the application of the compulsory binding procedures for the settlement of disputes under the Convention in respect of certain specified categories kinds of disputes. Article 298, paragraph 1, reads
:
http://www.un.org/depts/los/convention_agreements/convention_declarations.htm
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scroobal

Alfrescian
Loyal
I am aware bro. China did not specify for this situation. That is why nowhere in their their rhetoric from day 1 did they cite any exclusion or interprets any of the conditions in their ratification. In fact they knew from day 1 when Philippines lodged the case that they were doomed. Hence they immediately stated they would not recognise the decision. Its also the reason why everyone around the world knew what the decision was going to be. The only surprise was how strongly it was worded.

UNCLOS allow states to selectively rectify the clause. In other words, there are exclusion clause in UNCLOS. One such clause to allow member states to opt out of settling dispute through international arbitration.

In addition, article 298, paragraph 1, allows States and entities to declare that they exclude the application of the compulsory binding procedures for the settlement of disputes under the Convention in respect of certain specified categories kinds of disputes. Article 298, paragraph 1, reads
:
http://www.un.org/depts/los/convention_agreements/convention_declarations.htm
--------
 

apogee

Alfrescian
Loyal
This is a political decision driven by the Americans. The issue is sovereignty. China did not agree to the arbitration on the sovereignty issue.
 
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