Philippines violates UN Convention

The Philippines detained 11 Chinese fishermen for unverifiable crime after seizing their vessel near China's Half Moon Shoal in the South China Sea on May 6. On Monday, the Philippines defied China's demand to free the fishermen and charged nine of them with poaching more than 500 endangered sea turtles. Two fishermen, both minors, will be sent back home.

By doing so, the Philippines has violated the United Nations Convention on the Law of the Sea, which it has been trying to use to legalize its claim on China's islands in the South China Sea.

China has indisputable sovereignty over the Nansha Islands and their adjacent waters in the South China Sea. In May 2009, Malaysia and Vietnam jointly submitted to the Commission on the Limits of the Continental Shelf a notification of the two countries' continental shelf claims in the South China Sea, and Vietnam also unilaterally made another submission. In response, China submitted its map of the nine-dash line attached to two note verbales to the UN to refute the two countries' extended continental shelf claims. In the notes, China stated that it has the sovereignty and sovereign rights over the territorial sea and exclusive economic zones of Nansha Islands.

Since Half Moon Shoal is part of the Nansha Islands, Manila has no right to detain any vessel or fisherman fishing in its waters. By doing so, it has violated international norms for the fishing industry, as well as the UNCLOS.

China has been exercising its administrative jurisdiction over the Nansha Islands and its surrounding waters by carrying out normal maritime operations. But of late, Chinese fishermen have not been feeling safe in the South China Sea because of the belligerent attitude of some countries locked in territorial disputes with China.

According to the UNCLOS, after being authorized to fish in some exclusive economic zones, countries should abide by the laws and regulations of the coastal states when it comes to the management and conservation of resources. The coast guard of a coastal state could board and check the relevant documents of vessels fishing in the waters near its coast if they violate these laws and regulations. It could even detain the fishermen. But under no circumstances, should the fishermen (or other people on board the vessels) be subjected to corporal punishment and imprisonment.

Moreover, Manila has failed to honor the regional order. The UNCLOS says the disputing countries should resolve the issue of overlapping economic zone boundaries through agreements on the basis of international law in order to achieve an equitable outcome. In case the disputing countries fail to reach an agreement, they should try to work out a provisional arrangement and, during the transition stage, both sides should avoid taking unilateral actions that could hinder the possibility of a final agreement.

The Nansha Islands are within 400 nautical miles of all the countries locked in the South China Sea disputes. Since China has sovereignty over the islands, its duly exclusive economic zone overlaps with those of the other disputing countries. So it's important that Manila faces up to a sea boundary delimitation dispute with Beijing.

To maintain regional stability and to resolve the disputes in the South China Sea through peaceful means, China and ASEAN signed the Declaration on the Conduct of Parties in the South China Sea in 2002. Beijing's proposal of "shelving the disputes and conducting joint exploration" got positive response from the disputing countries and praise from the international community. This could be regarded as a provisional arrangement for the ultimate resolution of the disputes.

But using its advantageous geographical position and assuming that the disputed areas are part of its territory, the Philippines has been seizing Chinese fishing vessels and detaining Chinese fishermen. Such provocative actions by the Philippines are worsening the already tense atmosphere in the region.

It should thus be clear to the international community that Manila, not Beijing, has violated the DOC and the UNCLOS, as well as further damaged the fragile Sino-Philippine relations. And justice chooses those who choose to side with it.

Contributed by Li Jieyu (China Daily)

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US support no use for Manila to bluff South China Sea claims

The US and the Philippines began a two-week military drill on Monday. This "shoulder to shoulder" exercise is widely believed to be targeted at China. Some US analysts even argue that Washington should adopt a national strategy oriented at South China Sea to stop China's "aggression" in this region. Without a correct understanding of China's South China Sea policy and the US role in this area, these analysts miscalculated the real Asia-Pacific geopolitics.

China is depicted by many Western media as a bully in South China Sea, but the reality is that most of the Nansha Islands are forcibly occupied by those supposedly "bullied," such as the Philippines and Vietnam.

We shouldn't draw a simple conclusion that China and the US will engage in a hot war if Washington gets fully involved in this area. It's too naïve a judgment, as what the Philippines and Japan are aiming at is to turn their conflicts with China into a direct confrontation between China and the US. Such change is unlikely to happen in post-Cold War international relations.

The islands disputes in the South China Sea and East China Sea are a battle for national interests. They have led to a strategic game between China and the US, but its intensity is not high.

Where the game heads to relies on how the stakeholders, especially China and the US, interact with each other. Neither Manila nor Washington can manipulate the situation. China has more power to reshape the scenario.

Both China and the US are global powers, and the islands disputes constitute just a fraction of their bilateral relationship. Neither China can cherish illusions that the US will stay neutral in the South China Sea, nor the Philippines and Japan can indulge in a reverie that Washington would jeopardize its relationship with China for their petty interests.

China has more confidence than ever to face the US in the South China Sea chessboard. A growing US-China relationship benefits the US, which mandates that US doesn't allow its warships to be locked in a dangerous standoff with China.

What's more, China's actions have never really touched the nerve of the US. People with insight can see the restraint and prudence of China's South China Sea policy.

The other stakeholders in this area should cast away illusions that the US would be their "big daddy." Bilateral negotiations with China are the only way to address these disputes and to protect their own interests.

Washington's military deployment in Asia-Pacific can hardly be turned into real deterrence against China, but the US won't stop making mischief in this area. However, under the framework of a new type of major power relationship, China is gathering more experience to play the chess with the US.

Countries like the Philippines and Japan should better update their knowledge about China. Borrowing power from the US and scaring China reflects nothing but their short-sightedness.

Source:Global Times Published: 2014-5-7 0:33:01

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China lawmakers slam Vietnam violates South China Sea code of conduct

Correct erroneous maritime law, Vietnam urged

The National People's Congress (NPC), China's top legislature, on Friday urged Vietnam to correct an erroneous maritime law it passed on Thursday.

Hanoi's disputes with Beijing in the South China Sea have given rise to frictions, and analysts said the passed law may internationalize the issue and bring a heavy blow to bilateral relations.

The Foreign Affairs Committee of the NPC expressed its position concerning the recent passing of the Vietnamese Law of the Sea in a letter to the Committee on Foreign Affairs of the Vietnamese National Assembly.

The Vietnamese National Assembly passed the Vietnamese Law of the Sea to include China's Xisha Islands and Nansha Islands in the South China Sea within Vietnam's sovereignty and jurisdiction.

The NPC expressed its firm opposition to the move and urged the Vietnamese National Assembly "to correct the erroneous practice immediately."

"The move by the Vietnamese National Assembly is a serious violation of China's territorial sovereignty and is illegal and invalid.

It violates the consensus reached by both leaders, as well as the principles of the Declaration on the Conduct of Parties in the South China Sea," the NPC Foreign Affairs Committee said in the letter.

"The NPC Foreign Affairs Committee hopes the Vietnamese National Assembly to honestly respect China's territorial sovereignty and correct the wrongful practice so as to safeguard the China-Vietnam comprehensive strategic cooperative partnership as well as the friendly relations between China's NPC and the Vietnamese National Assembly," the letter said.

The NPC also reaffirmed in the letter that China has indisputable sovereignty over the Xisha islands, Nansha Islands and their adjacent waters.
- Xinhua/Asia News Network

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Who owns the South China Sea islets in the eyes of the world?

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 the ASEAN meeting in Hanoi: "Legitimate claims to maritime space in the South China Sea should be derived SOLELY from legitimate claims to land features." Translation: Why China has claim over some islands/islets so far away from its homeland? Although Mrs. Clinton is a lawyer, she is wrong… based on international convention. There are many other important key considerations (historic claim, administration, etc). If “distance” is the ONLY measure of sovereignty, then US needs to give up Guam; UK needs to give up Falkland Island (to Argentina). And, many islets in the world need to find new owners.

Many people, including many journalists, in the world do not realize that historically, China’s claim on South China Sea islands started in the Ming Dynasty (1368), followed by Qing Dynasty (1644), followed by Republic of China (1911). Some people argue that it started even before Ming Dynasty. The current Beijing government just inherited the national map from Republic of China (in 1949). So this old claim started some 700 years ago and way before USA was born.

I hope people can live in peace as we become more civilized… in cooperation and prosperity. So it is a good thing the countries are proceeding to clearly settle on a “new” national boundary/interests arrangement (ownership, benefit sharing, etc) that the neighboring countries can accept… with or without USA help. In my view, the faster the better… so less feeling and fishermen will get hurt.

I understand, as the sole global power, USA has the responsibility to maintain peace and order where it concerns our interests. But we need to be an “honest broker” (to gain goodwill and other benefits), otherwise whatever we do is not sustainable. By starting the discussion on the South China Sea islands with such a BADLY ADVISED statement, Secretary Clinton is SOWING THE SEED of another big problem for America and the Sino-American relationship. 

“The earliest discovery by the Chinese people of the Nansha Islands can be traced back to as early as the Han Dynasty. Yang Fu of the East Han Dynasty (23-220 A.D.) made reference to the Nansha Islands in his book entitled Yiwu Zhi (Records of Rarities) , which reads: "Zhanghai qitou, shui qian er duo cishi"("There are islets, sand cays, reefs and banks in the South China Sea, the water there is shallow and filled with magnetic rocks or stones"). Chinese people then called the South China Sea Zhanghai and all the islands, reefs, shoals and isles in the South China Sea, including the Nansha and Xisha Islands, Qitou.”

There had been NO dispute over the sovereignty rights of China to the South China Sea and the numerous islands in it, by any other countries, for all those periods.

But, when the Western colonialists started invading and squatting all over Asia in the last 300 years, taking advantage of the declining power of the Qing Dynasty, they intentionally carved out various regions of land and sea as their “protected territories”. Then they forced the Manchu Court to sign many bogus “treaties” in which they claimed the Western “sovereignty rights” over these Chinese territories!

http://en.wikipedia.org/wiki/B%E1%BA%A1ch_Long_V%C4%A9

http://en.wikipedia.org/wiki/Spratly_Islands

Excerpt from the above link:

“In 1933, France reasserted its claims from 1887 to the Spratly and Paracel Islands on behalf of its then-colony Vietnam. It occupied a number of the Spratly Islands, including Itu Aba, built weather stations on two, and administered them as part of French Indochina. This occupation was protested by the Republic of China government because France admitted finding Chinese fishermen there when French war ships visited the nine islands. In 1935, the ROC government also announced a sovereignty claim on the Spratly Islands.”

On September 4th, 1958, the Government of the People’s Republic of China issued a declaration of the Chinese sea territories.

http://en.wikipedia.org/wiki/B%E1%BA%A1ch_Long_V%C4%A9

http://en.wikipedia.org/wiki/Spratly_Islands

Excerpt from the above link:

“In 1933, France reasserted its claims from 1887 to the Spratly and Paracel Islands on behalf of its then-colony Vietnam. It occupied a number of the Spratly Islands, including Itu Aba, built weather stations on two, and administered them as part of French Indochina. This occupation was protested by the Republic of China government because France admitted finding Chinese fishermen there when French war ships visited the nine islands. In 1935, the ROC government also announced a sovereignty claim on the Spratly Islands.”

On September 4th, 1958, the Government of the People’s Republic of China issued a declaration of the Chinese sea territories.

http://news3.xinhuanet.com/ziliao/20...ent_705061.htm

Excerpt from the above link (that are translated to English):

“(1) This width of the territorial sea of the People's Republic of China is twelve national miles. This provision applies to all Territories of the People's Republic of China, including the mainland China and offshore islands, Taiwan (separated from the mainland and offshore islands by high seas) and its surrounding islands, the Penghu Archipelago, the Dongsha Islands, the Xisha islands (Paracells), the Zhongsha Islands, the Nansha Islands (Spratlys) and other islands belonging to China.”

(The Declaration by PRC, as clear from the above excerpt, specifically spells out the Xisha and Nansha islands, among other islands and sea boundaries.)

On September 14, 1958, ONLY 10 DAYS LATER, Vietnam Prime Minister at the time, Pham Van Dong, sent a cable to the Chinese Prime Minister Zhou Enlai, on behalf of the Vietnam government, expressing complete acknowledgment and support for China’s claims.

http://conghambannuoc.tripod.com/

Excerpt from the above link (that are translated to English):

“The Government of the Democratic Republic of Vietnam acknowledges and supports the Declaration on September 4th, 1958 by the Government of the People’s Republic of China (PRC), on the PRC’s decision concerning China’s sea territories.”

The International community has been overwhelmingly supporting China’s legitimate and inviolable sovereign on the sea territories claimed by China.

http://www.southchinasea.org/docs/In...20the%20Na.htm

“2. The International Civil Aviation Organization held its first conference on Asia-Pacific regional aviation in Manila of the Philippines on 27 October 1955. Sixteen countries or regions were represented at the conference, including South Viet Nam and the Taiwan authorities, apart from Australia, Canada, Chile, Dominica, Japan, the Laos, the Republic of Korea, the Philippines, Thailand, the United Kingdom, the United States, New Zealand and France. The Chief Representative of the Philippines served as Chairman of the conference and the Chief Representative of France its first Vice Chairman. It was agreed at the conference that the Dongsha, Xisha and Nansha Islands on the South China Sea were located at the communication hub of the Pacific and therefore the meteorological reports of these islands were vital to world civil aviation service. In this context, the conference adopted Resolution No. 24, asking China's Taiwan authorities to improve meteorological observation on the Nansha Islands, four times a day. When this resolution was put for voting, all the representatives, including those of the Philippines and the South Viet Nam, were for it. No representative at the conference made any objection to or reservation about it.”

It is evident from all above historic records, international treaties, and acknowledgment by ALL regional neighbor-countries, that China has the INDISPUTABLE lawful and legitimate sovereignty over the South China Sea and all the offshore islands on it.

US won't take sides in South China Sea dispute

Updated: 2012-05-02 12:24 By Zhao Shengnan (China Daily)

The United States said on Monday that it would not take sides in the Huangyan Island standoff between China and the Philippines in the South China Sea and reiterated support for a diplomatic resolution to the territorial dispute.

Washington does not take sides on competing sovereignty claims there, but has a national interest in maintaining freedom of navigation as well as peace and stability, US Secretary of State Hillary Clinton said, after meeting top diplomatic and defense officials from the Philippines.

Philippine Foreign Secretary Alberto del Rosario and Defense Secretary Voltaire Gazmin attended the 2+2 dialogue with their US counterparts, Clinton and Leon Panetta, in Washington.

"The United States supports a collaborative diplomatic process by all those involved for resolving the various disputes that they encounter," Clinton said. "We oppose the threat or use of force by any party to advance its claims."

Gazmin alluded to tension with China over islands in the South China Sea as he called for the need to "intensify our mutual trust to uphold maritime security and the freedom of navigation".

"We should be able to work together to build a minimum, credible defense posture for the Philippines, especially in upholding maritime security," Gazmin said.

The Philippines and China have been embroiled in the Huangyan Island dispute, with both nations stationing vessels there for nearly three weeks to assert their sovereignty.

China on Monday highlighted remarks made by the Philippine president about de-escalating the tension over the island, urging the Philippines to "match its words with deeds" and return to the proper pathway of diplomatic solutions.

Speaking of the tension, Philippine President Benigno Simeon Cojuangco Aquino III said he had issued instructions to his military, telling them not to intensify the issue.

Chinese Foreign Ministry spokesman Liu Weimin stressed that there is no change in China's stance of using diplomatic channels to peacefully resolve the issue, which was triggered when a Philippine warship harassed Chinese fishermen and raised concerns over China's sovereignty of the island.

The Philippine officials also stressed diplomacy when asked what aid they had requested from Washington, saying that Manila sought to bring the South China Sea issue to international legal bodies.

Clinton reaffirmed the US commitment to the 60-year-old Mutual Defense Treaty with the Philippines, calling the Philippines a country "at the heart" of the new US strategy toward the Asia-Pacific.

Washington would help improve the Philippines' "maritime presence and capabilities" with the transfer of a second high-endurance (coast guard) cutter this year, Panetta said.

The US emphasis on neutrality and a diplomatic resolution would encourage Manila to be more restrained on the Huangyan Island issue, said Fan Jishe, a US studies expert at the Chinese Academy of Social Sciences.

"Washington doesn't want territorial disputes between its Asian allies and China to be obstacles to China-US relations," he said.

Xinhua and Reuters contributed to this story.

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