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Showing posts with label South China Sea disputes. Show all posts
Showing posts with label South China Sea disputes. Show all posts

Tuesday, July 12, 2016

China's reaction to arbitration depends on provocation


The award of the South China Sea arbitration will be issued at 5 pm Beijing time Tuesday. The US and Japan have claimed that relevant countries, including China, should comply with the arbitration result. They stand in sharp confrontation with China, which has announced that the award would be "nothing but a piece of paper." Whether the arbitration will lead to a severe geopolitical crisis has come under the global spotlight.

The Western media is analyzing how China will respond to the award. Bloomberg posited three scenarios from Beijing, from benign to moderately aggressive or aggressive. It considers that China establishing an South China Sea Air Defense Identification Zone (ADIZ) would be moderately aggressive and towing away the Philippine warship grounded at Ren'ai Reef and construction on Huangyan Island as aggressive.

We believe the Chinese government must have made a series of contingency plans to deal with subsequent actions. What actions China may take on Huangyan and Ren'ai, and whether China will announce a South China Sea ADIZ depends on the reactions of the Philippines to the arbitration result and the degree of US and Japanese provocations.

So far, none of the concerned parties want military confrontation. But all are ratcheting up military preparations. The South China Sea has been clouded by unprecedented tensions. It's uncertain where the situation will head to.

Chinese society pays close attention to the South China Sea situation. After the the post-arbitration wrestling begins, the most important thing for China is to show the outside world the solidarity of its society. For one thing, Chinese society has full confidence in the country's diplomatic and maritime strength; for another, no matter what price China has to pay for the wrangling, all the Chinese will squarely accept it.

The Chinese people and government share the same interests and responsibilities. We should not only safeguard territorial sovereignty, but also make the utmost efforts to maintain peace in China's periphery, prolonging China's strategic opportunities for China's rise.

The South China Sea is a big arena. China will devote its varied resources there. China in the past was weak. It could only express determinations through demonstrations or a few activists visiting its own islands in the South China Sea. But now it has multiple means at its disposal. It has become a formidable competitor that deserves respect. No power in the world could split a united China. As long as we stick together, provocateurs are doomed to fail.

Source:Global Times

Related:


China calls for dialogues to resolve disagreement - CCTV News - CCTV.com English http://english.cctv.com/2016/07/12/VIDEjonBZ4jsADHvtfqTLiBu160712.shtml
http://t.cn/R5DT1ML


  Unlawful arbitration cannot negate China's sovereignty over South China Sea: People’s Daily

The arbitration case is actually a trap set by the US and the Philippines in which the arbitral tribunal has played the role of an accomplice.
  

South China Sea arbitration invalid, law experts say

The tribunal has explained the case in an irresponsible way and set a bad precedent, according to experts and scholars from around the world.
Washington’s outsider position undercuts its message as it urges China to respect global maritime no[Read it]

Quotable quotes on S. China Sea arbitration: tribunal's arbitration is unlawful

Western media have hyped up the South China Sea issue for a long time, with reports full of prejudice and distortion. They have purposely created rumors, smeared China and deliberately overlooked voices of justice.
More countries voice support for China's stance

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Monday, July 11, 2016

不合法的裁决不过废纸一张, Illegal ruling but a waste paper


 China enhances maritime law enforcement
China established Sansha City four years ago to strengthen its maritime law enforcement.

Crossover: Beijing: Tribunal lacks jurisdiction 

Q1. Well, Liu Xin, the tribunal is due to hand down the ruling in less than 24 hours.  Tell us more about what's happening on the ground there.
 Chinese navy conducted annual combat drill near Hainan Island & Xisha Islands in #SouthChinaSea
Over 100 vessels and dozens of fighter jets participated in the annual combat drill held on July 8 in South China Sea.

浩渺南海,水天相接。本是商舟渔船自在穿行的地方,近来却波诡云谲颇不寻常。

7月12日,所谓南海仲裁案结果即将出炉。围绕这毫无合法性可言的一纸裁决,一些人筹谋算计、排兵布阵,企图用它来强化对中国的舆论攻势,将莫须有的罪名强加给中国;一些人颠倒黑白、借题发挥,期望以此抹黑中国的形象,把“不守法”的帽子扣向真正的受害者。

种种急不可耐的喧哗与躁动,无一例外都打出了国际法的旗号,南海问题的真相却被有意忽略了——中菲南海争议究竟源于何处?菲律宾南海仲裁案实质为何?仲裁案所激起的种种波澜,又将给南海的和平稳定带来何种影响?

对于这些问题,7月5日在华盛顿举办的“中美智库对话会”,提供了一个视角——即使是一些来自美国的专家也认为,“中国在南海的权益是历史上形成的”“欧洲和其他国家的知名法律专家都表示,南海仲裁案整个过程都是非法的,菲律宾单方提起仲裁,违反了国际法”。

看来,有关南海仲裁案并非难以搞清。拨开一些人以国际法为名蓄意在南海上空制造的迷雾,还原真相,对于中国而言,是维护国家领土主权的神圣使命;对于世界来说,是主持国际公理正义的必然要求。

(一)

一段时间以来,西方舆论连篇累牍渲染南海问题,然而对于南海问题特别是中菲南海争议的历史经纬、事实真相,自诩“主持公道”的西方舆论却“选择性回避”了。

南海诸岛究竟属谁?历史早就给出了明确答案。南海诸岛自古以来属于中国,历代中国政府通过行政设治、海军巡航、生产经营、海难救助等方式持续对南海诸岛及相关海域进行管辖。二战期间,日本在发动全面侵华战争后,侵占了中国南海诸岛。二战结束后,中国根据《开罗宣言》和《波茨坦公告》所作出的明确规定,收复南海诸岛,在岛上派兵驻守并建立各类军事、民事设施,从法律和事实上恢复对南海诸岛行使主权。

在二战结束后相当长一段时间内,美国通过外交询问、申请测量、通报航行飞越计划等方式,承认中国对南沙群岛的主权。中国还曾在南沙群岛有关岛礁上接待过美国军事人员。同期美国出版的地图和书籍等,如1961年版《哥伦比亚利平科特世界地名辞典》、1963年版《威尔德麦克各国百科全书》、1971年版《世界各国区划百科全书》,均确认中国对南海诸岛的主权。

可以说,中国在南海的主权和相关权益,二战结束后数十年没有任何国家提出异议。因为南沙群岛回归中国,是战后国际秩序和相关领土安排的一部分,受到《联合国宪章》等国际法保护;否认中国对南沙群岛的主权,就是对战后国际秩序的否定,就是对国际法的公然违背。

对于南海诸岛属于中国这一点,菲律宾同样心知肚明。菲律宾固有领土范围是由1898年《美西巴黎和平协议》、1900年《美西关于菲律宾外围岛屿割让的条约》、1930年《关于划定英属北婆罗洲与美属菲律宾之间的边界条约》明确规定的。南沙群岛和黄岩岛根本不在上述条约规定的菲律宾版图内。

但自上世纪60年代末南海地区发现丰富的油气资源后,这片原本安宁的水域频起波澜。在巨大资源利益的诱惑下,菲律宾等国开始非法侵占和蚕食属于中国的南沙岛礁,成为南海问题产生的根源。更有甚者,菲律宾等国还以南沙群岛位于自其本国海岸起200海里范围内为由,企图以海洋管辖权主张来否定中国对南沙群岛的主权。

显而易见,在南海问题上,中国绝不是加害者,而是受害者。如果真的遵从法律,应该谴责的是菲律宾等国公然违背国际法和《联合国宪章》的行径,应该禁止的是一切非法侵犯他国领土主权的行为。

作为南海最大沿岸国,中国从维护南海地区和平与稳定的大局出发,在南海问题产生后的几十年里始终保持了极大克制,从未主动挑起争议,也没有采取任何使争议复杂化、扩大化的行动。中国最先提出并始终坚持“搁置争议,共同开发”,坚持通过谈判协商和平解决争议;按照2002年《南海各方行为宣言》所确定的原则,在平等和相互尊重的基础上,探讨与南海声索国之间建立信任的途径;根据1982年《联合国海洋法公约》在内的国际法原则,切实保障在南海的航行及飞越自由。

在过去的几十年里,南海局势总体保持稳定,有关争议得到妥善管控,东南亚地区实现高速发展,这一地区成为世界上和平、稳定和繁荣之地。这自然得益于中国与东盟相关国家的共同努力,但不可否认的是,作为综合国力较强的一方,中国的克制是南海得以保持和平稳定、繁荣发展的最重要原因。中国政府有权利也有能力收复失地,但是中国并没有这样做,目的就是为了南海的和平稳定,以及沿岸各国人民的共同福祉。

遗憾的是,树欲静而风不止。2012年4月10日,菲律宾蓄意挑起“黄岩岛事件”。2013年1月,菲律宾阿基诺三世政府置昔日谈判协商解决南海争议的承诺于不顾,单方面提起有关南海争议的仲裁案。

纵观南海问题演进脉络,2009年以前,虽然相关国家间存在摩擦,但矛盾却总体保持可控。可是从2009年起,南海问题开始步步升级。

为何2009年成为中菲南海争议重要分界线?为何菲律宾阿基诺三世政府会在南海问题上选择一系列政治赌博?

(二)

审视菲律宾在南海问题上逐步走向“活跃”的整个过程,不得不说美国的“战略转变”提供了最有解释力的视角。

2009年1月,奥巴马政府就职,美国外交政策出现方向性调整,在“重返亚太”的战略布局下,南海问题迅速成为美国维护地区霸权地位、对中国进行战略牵制的重要抓手。

2010年7月,时任美国国务卿希拉里·克林顿在东盟地区论坛上宣布美国在南海地区“拥有国家利益”。观察人士指出,此举标志着美国对南海问题开始走向事实上的“选边站”和“引导式”路径,克林顿本人更是在事后回忆称,“这是精心选择的措辞”。此次会议被美方视为“检视美国在亚洲领导地位以及反击中国扩张的临界点”。

正如美国卡托研究所国防外交政策研究室副主任卡本特所言,美国想要通过干预中国与邻国的南海争议来达到制衡中国的目的,“最具挑衅的做法是奥巴马政府支持菲律宾及其对南海争议岛礁的声索”。

大量新闻报道显示,菲律宾正式提起南海仲裁案之后,美国的“深度参与”几乎无处不在。美国律师出任菲方法律顾问,全面帮助菲方向仲裁庭提交总计12册、长达3000页的答复书以回答有关菲方诉求和依据之问题,并一手代理了第一轮口头辩论的文件起草和庭辩。此外,美国多次公开发声,力挺菲律宾非法主张。2014年3月,美菲在华盛顿发表包括所谓以仲裁解决南海国际争端等内容的联合声明;同年4月,奥巴马在与菲律宾总统阿基诺三世会谈时再次对菲律宾诉诸国际仲裁表达了公开支持。

人们看到,美国借南海问题无端抹黑中国国际形象,无所不用其极。近年来,国务卿、国防部长、国会议员等各色美国高官在东盟地区论坛、东亚峰会、香格里拉对话会、亚太经合组织会议、七国集团峰会等各种场合,热炒南海问题,试图把“规则破坏者”“现状打破者”“军事扩张者”的帽子强加于中国头上。

人们看到,美国以所谓“航行自由”为借口,以种种手段炫耀武力,实质上推动了南海军事化。美国航空母舰、战略轰炸机多次闯入南海,美国导弹驱逐舰不断抵近中国南海岛礁,美国与盟国在南海的军事演习更是接二连三。美国还敦促东盟国家在南海地区进行联合海上巡逻,支持日本在南海地区进行海上巡逻。

人们看到,美国拉帮结派,迫切希望把南海问题引向多边化、国际化,妄图给中国施加所谓外交压力。美国极力推动在各种地区及全球性多边组织框架下讨论南海问题,企图使东盟在南海问题上统一口径,鼓动日本、澳大利亚、印度、欧盟等与南海问题无关的域外国家和地区关注南海问题。

美国有识之士对于华盛顿在南海问题上制造对抗之举深表忧虑。知名战略学家布热津斯基就曾发出警告,美国在南海必须非常小心,南海问题不应成为美中关系的中心问题。然而,在霸权本性驱使下,美国在南海问题上制造紧张局势、破坏和平稳定的冒险之举依然愈演愈烈。

(三)

事实清楚地表明,菲律宾南海仲裁案完全是一个由美国鼓动操纵、菲律宾挑头、仲裁庭客观上予以配合的针对中国的一个“局”。

这个“局”其实不难看穿,自仲裁闹剧开始后,国际社会“不平则鸣”的正义之声从未停歇。迄今,已有近70个国家和地区组织明确表示支持中方在仲裁案上的立场,其中既有东盟国家,也有域外国家,还有阿拉伯国家联盟、上海合作组织等区域组织。即使在西方国家,也有很多国际法专家从专业角度发表严肃、公正的评论,表达对中方法理主张的认同,表明对该案的批评和质疑立场。

为什么中国立场的支持者那么多,越来越多?归根结底,是因为中方不参与、不接受立场有着充分的法理依据,而菲律宾单方面提起南海仲裁案,仲裁庭违法扩权、滥权,才是在真正破坏国际法。

首先,禁止反言是国际法治的一条基本原则,但菲律宾阿基诺三世政府却置自身昔日承诺于不顾,单方面强行提起仲裁,侵犯了中国按照《联合国海洋法公约》规定享有的自主选择争端解决方式的权利。正如联合国国际法委员会前主席、联合国国际法院特别法官布朗利所言:“一般国际法上不存在解决争端的义务,以正式法律程序寻求解决的程序取决于当事各方的同意。”争端提交国际仲裁,通常都需经当事国达成合意,尊重当事方意愿才是体现“各国主权平等的一种必然结果”。如今,仲裁庭擅自扩大管辖权限、漠视一国之主权,哪里还有“法的精神”?

其次,菲方不顾基本历史常识,妄称中国人历史上在南海没什么活动和存在,从未拥有对南海诸岛的主权。然而,中国渔民在南沙水域捕鱼作业,已成为南沙群岛主人的历史事实,有多个版本的《更路簿》可以证明;19世纪以来的外国文献,也明确记载了只有中国渔民在岛上生产生活的历史事实。法律的基点本就是“以事实为依据”,如今,昭昭青史仍在,凿凿证据如山,菲方却敢如此颠倒黑白篡改事实,对南海岛礁的有关论述缺失最起码的可信度。这样一个“并不构成争端”的无理诉求,竟然被仲裁庭接受,哪里还有“法的权威”?

再有,仲裁庭不顾中方一贯坚持将南沙群岛视为整体的立场,玩弄“切割”伎俩,歧视性地把中国驻守的南沙有关岛礁从南海诸岛的宏观地理背景中剥离出来。对菲律宾等其他国家非法侵占的岛礁,仲裁庭却只字不提,还将有关领土主权问题包装为所谓的岛礁法律地位问题。如此偷梁换柱、翻云覆雨,哪里还有“法的公信”?

南海仲裁案是否具有合法性和正当性?联合国国际法委员会前主席拉奥·佩马拉朱的判断一针见血:中菲南海争端的实质是关于主权和海域划界,而领土主权问题不属于《联合国海洋法公约》调整的范围,划界问题也可据中国政府声明而排除强制仲裁程序,此案仲裁庭对主权和海域划界问题都没有管辖权。菲律宾诉求的实质是领土问题,因此不属于《联合国海洋法公约》调整的范围。

然而,仲裁庭擅自扩大解释其自身管辖权限。对于领土和海洋划界问题,仲裁庭罔顾中菲早已选择谈判协商作为解决相关争议唯一方式这一前提,罔顾中国早已于2006年根据《联合国海洋法公约》将海洋划界争议排除适用强制争端解决程序这一事实,恶意解读此前中菲对争端解决方式的共同选择,轻易否定国与国之间达成的一致意见,严重侵犯中国作为主权国家和《联合国海洋法公约》缔约国享有的自主权利。其实质,不过是为个别国家滥用仲裁程序制造国际舆论实现政治目的提供配合。

培根在《论司法》中写道,“一次不公的判决比多次不平的举动为祸犹烈。因为这些不平的举动不过弄脏了水流,而不公的判决则把水源败坏了”。菲律宾及仲裁庭滥用强制仲裁程序,让《联合国海洋法公约》失去严肃性,其对《联合国海洋法公约》的破坏性、对国际法治秩序的冲击,不容低估。

事实上,很多西方专业法律人士都对强制仲裁程序被滥用表示担忧和关切。如果今后别国都效仿菲律宾的恶劣先例,只要将领土和海洋划界问题包装成《联合国海洋法公约》解释和适用问题即可提交仲裁,不仅会让30多个缔约国所作排除性声明成为一纸空文,也将伤害《联合国海洋法公约》争端解决机制的信誉,破坏《联合国海洋法公约》建立的国际海洋秩序,对现行国际秩序构成重大威胁。

正如英国牛津大学国际公法副教授安东尼奥斯·察纳科普洛斯、英国外交部前法律顾问克里斯·沃默斯利指出,如果仲裁庭允许菲律宾背弃其在《南海各方行为宣言》中的承诺继续推进强制仲裁,这种处理方式或造成“恶法”,会对国际关系的整体稳定造成潜在破坏。

从这个意义上来看,中国为捍卫国际法做针锋相对的斗争,不仅是在捍卫自己的领土主权,更是在切实捍卫国际海洋秩序、维护世界长治久安。

(四)

菲律宾南海仲裁案如此公然违背国际法,为何向来以“国际法官”自居的美国却在装糊涂?美国著名律师布鲁斯·费恩直言,美国的南海政策体现了其“危险的帝国思维”。

这种为所欲为的“帝国思维”,就是霸权主义。美国比任何人都喜欢把国际法挂在嘴边,但历史和现实一再表明,美国对待国际法,总是对人不对己,且每每玩弄法律于股掌之上——如果国际法对美国有利,美国就高高祭起这面大旗;如果国际法可能约束美国的行为,美国就会把它踩在脚下置之不理,甚至将“非法”尊为“合法”,将“合法”抹黑为“非法”。

美国如果真的关心国际法治,为何《联合国海洋法公约》推行几十年了还不愿加入?众所周知,作为规范当代国际海洋关系最重要的法律文件,《联合国海洋法公约》被誉为当今世界的“海洋宪章”,目前大部分国家都已加入《联合国海洋法公约》。美国作为世界上最大的海洋国家之一,却一直没有加入该公约,是安理会“五常”中唯一没有加入该公约的国家。根子就在美国霸权主义的国际法观和傲慢自私的海洋特权思想。

美国口口声声以海洋法治的维护者自居,却为一己之私拒不批准加入公约;口口声声要求别国接受第三方争端解决方式,自己却又拒不接受国际法院这一联合国最主要司法机构就尼加拉瓜诉美国案所作出的判决和命令;口口声声要求其他国家遵守国际法,却对自己和所谓盟友大开违法之门,长期以来对菲律宾非法侵占中国岛礁的行为视而不见。

这种自相矛盾与双重标准,集中体现了美国对待国际法“合则取,不合则弃”的虚伪本质,暴露了其根深蒂固的“帝国思维”。美国现实主义国际关系学者米尔斯海默谈及南海问题时曾说,“中国的邻国有动机在现阶段就把问题解决掉,而不是等到中国强大了,到时候就来不及了”,一句话道出了对中国防范遏制的阴暗心理。

中国正在成长,但一个多世纪里屡遭外敌入侵、强权欺凌的屈辱经历,是中国人民不可磨灭的记忆。在这样的历史记忆中强起来的中国,最懂得遭受欺凌和屈辱的滋味,“己所不欲,勿施于人”;在这样的历史记忆中走过来的中国人民,也决不会答应“屈辱的过去”哪怕在局部重演。

习近平总书记在庆祝中国共产党成立95周年大会上指出:“中国人民不信邪也不怕邪,不惹事也不怕事,任何外国不要指望我们会拿自己的核心利益做交易,不要指望我们会吞下损害我国主权、安全、发展利益的苦果。”这道出了全体中国人民的心声。

放眼南海,闪闪发光的航标灯,照亮的应该是和平的方向,驱散的应该是霸权主义的心魔,警醒的应该是被眼前蝇头小利冲昏的头脑。不合法的裁决不过是废纸一张,它否定不了中国在南海的合法权益,改变不了中国人民维护国际法治尊严,与相关国家一道维护南海和平稳定的坚定意志和决心。

编辑:刘雅萱, 来源:人民日报

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Friday, July 1, 2016

US containing a rising Chinese power

Might the rush to arbitration be nothing more than a US provocation to provide an excuse for military engagement? asks Shannon Ezra


The most effective way to halt China's global rise is to exert control over its gateway to the sea, through which it conducts 80 percent of its trade, says the writer. File picture: Eugene Hoshiko. Credit: AP



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Johannesburg - If the containment of China is one of the key strategic pillars of US foreign policy, the impending outcome of The Hague’s arbitration on the South China Sea dispute is of critical importance to the US.

Even though China disregards the arbitration process as illegitimate, the decision of the tribunal, which is due in the next 10 days, will ratchet up tensions in one of the world's most hotly contested bodies of water. It will set the stage for what could degenerate into a serious conflagration, as the US pulls out all the stops to encircle China, and China takes measures to assert its sovereignty.

America’s objective is to contain a rising power, which presents itself as a major challenge to US global hegemony. Geo-strategically, the most effective way to impede China’s rise is to exert control, through proxies, over China’s gateway to the sea, through which it conducts 80 percent of its trade and transports its energy supplies.

This strategic waterway has turned into a game of chess between China, which claims sovereignty over four main archipelagos, and some of its neighbours along the South China Sea, which have made a series of territorial claims and are backed by the US.

The US claims its interest in the South China Sea is to protect the freedom of navigation as US trade through this waterway is worth $1.2 trillion (R17.6 trillion) annually. To date, China has posed no threat to international navigation in the waters of the South China Sea and also seeks to protect its annual $5 trillion worth of trade.

Despite the tug of war, the situation was under control prior to 2009. When President Barack Obama took office in that year, he announced his keystone foreign policy undertaking as a “strategic pivot to Asia” or rebalancing strategy to the Asia-Pacific. The entire region intuitively recognised that the rebalance was, and is, about China.

A new determination emerged within the US administration to support the territorial claims in the South China Sea of China’s neighbours. It was in this way that the US was arguably the invisible hand behind the rising tension in the region since 2009.

From the Chinese perspective, it was the US that plotted behind the scenes the arbitration of its South China Sea dispute with the Philippines. There have been allegations that the US staffed a team of lawyers to lead the Philippines through the arbitration process, and encouraged them to launch their arbitration case when a Japanese national was president of the International Tribunal for the Law of the Sea. The Japanese national in question had been previously opposed to China’s positions in previous cases and became one of the five arbitrators in the case.

From the time that the Philippines took the unilateral initiative of taking the South China Sea arbitration to the tribunal in January 2013, China has refused to accept or participate in the arbitration. It maintains that territorial sovereignty issues are beyond the purview of the UN Convention on the Law of the Sea (UNCLOS).

As for maritime delimitation, China made an exclusion declaration in 2006, thereby lawfully excluding itself from any compulsory dispute settlement procedure by a third party. Apart from China, more than 30 other countries, including the UK, France, and Russia have made the same exclusion declaration.

China also maintains that, together with the Philippines, they have reaffirmed settling the South China Sea dispute through bilateral negotiations. This is in keeping with the Declaration on the Conduct of Parties in the South China Sea, signed between China and the Association of South-east Asian Nations, which explicitly states that the parties concerned should undertake to resolve their disputes through consultations and negotiations.

From the perspective of the Philippines, there have been a number of exchanges of views with China since 1995, which led to no resolution. But China argues that the two states have never engaged in any serious negotiations on the dispute. According to UNCLOS, China has the right to choose the means of dispute settlement, which means it cannot be forced to accept dispute settlement which is imposed on it, including a third-party settlement. But this has not stopped the arbitration from continuing without China’s participation.

What kind of consequences could the rush to arbitration, encouraged by the US, result in? Would China withdraw from UNCLOS and expand its Air Defence Identification Zone over all its territories in the South China Sea?

This was always a likely scenario, which begs the question of whether the US is keen to provoke a military confrontation as part of its containment strategy. Why else would it be deploying 60 percent of its naval fleet and 60 percent of its overseas air force to the South China Sea by 2030?

By Shannon Ebrahim who is the foreign editor for Independent Media http://www.iol.co.za/

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The nine-dashed line was first discovered and owned by China. It is a maritime boundary line formed after China’s long-term jurisdiction and development of the South China Sea islands.

China holds sovereignty and jurisdiction rights within the nine-dashed line. Other countries’ ships have the right to freedom of navigation and their aircraft enjoy rights to fly over the territory.
There had been no problem with the nine-dashed line before the 1970s, but with Vietnam, the Philippines and other countries pushing further territorial claims, more governments are beginning to deny legitimacy of the nine-dashed line.

The United States and other countries have intervened in the South China Sea issue; using the so-called freedom of navigation in the South China Sea to deny the nine-dashed line to disregard China’s territorial rights.

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Immediately prior to Rodrigo Duterte's inauguration as the new Philippine leader, The Hague-based Permanent Court of Arbitration announced it would deliver a ruling on July 12 in the Philippines' case against China over their South China Sea dispute.


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Wednesday, June 29, 2016

South China Sea arbitration abuses international law, threatens world order

A seminar on the South China Sea Arbitration and International Rule of Law was held on Sunday in the Hague, the location of the Permanent Court of Arbitration's arbitral tribunal. At the seminar hosted by both Chinese and Dutch academic institutions, experts from various countries warned that the unilateral filing of the South China Sea arbitration case by the Aquino administration of the Philippines and the arbitral tribunal’s overreach and abuse of power is a desecration of the spirit of the rule of law and pose a threat to current international order.

Exclusive interview: Limitation of UNCLOS Dispute Settlement System

A legal expert at the University of Oxford has published a paper on resolving disputes in the South China Sea. It relates to the arbitration unilaterally initiated by the Philippines against China.

With this move, the Philippines is just adorning itself with borrowed plumes. First of all, estoppel is a basic principle of international law. As is known to all, China and ASEAN countries, including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, in which all sides agreed to settle disputes over the South China Sea through friendly negotiation and consultation by parties directly concerned.

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In 2011, the Philippines and China issued a joint statement, reiterating their respect and observation of the DOC. However, just two years later, the Aquino administration unilaterally submitted the South China Sea case for arbitration in spite of its previous commitments.

Secondly, the Philippines ignores basic historical facts by presumptuously claiming that the Chinese people never lived or conducted activities in the South China Sea region, thus bearing no sovereignty over the islands in the region.

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Yet no one can deny the historical fact that those islands have been part of China’s territory since ancient times. Successive Chinese governments have continued to govern the islands through multiple approaches including setting administrative divisions, military patrols and conducting salvages at sea.

Respecting historical fact is an important principle of international law. Through its lack of respect for the facts, the South China Sea case violates this principle.

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Chinese Foreign Ministry spokesman Hong Lei has condemned Japan's remarks over the South China Sea arbitration unilaterally launched by the Philippines. He urged for Japan to stop making such irresponsible remarks.

Moreover, the Philippines’ interpretation of the legal status of the islands and reefs in the South China Sea is not in line with the United Nations Convention on the Law of Sea (UNCLOS) and other international laws.

South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

The Southeast Asian nation claims that the Huangyan Island and the Nansha islands cannot be considered islands as such no one can establish exclusive economic zones or claim the continental shelves there. Such an argument flies in the face of objective reality.

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The Philippines deliberately misrepresented factual information about the islands and reefs in the South China Sea during the trial and carelessly negated the integrity of the Nansha islands as well as the island status of Taiping Island and other large islands in area. However, its claims are not only inconsistent with reality, but also incompatible with UNCLOS and other international laws.

The legal representatives of the Philippines also withheld necessary information concerning other islands in the South China Sea (not included in its arbitration request) on purpose, and refused to present them to the court. It is safe to say that the Philippines’ argument concerning the South China Sea islands and reefs lacks basic credibility.

Taking this into consideration, the arbitral tribunal has clearly violated UNCLOS, abused the UNCLOS settlement procedure and exceeded its jurisdiction by accepting the unilateral request of the Philippines and even trying to deliver a verdict on the South China Sea issue. Its self-proclaimed “jurisprudence” and “normative power” demonstrate great irony.

The core of the South China Sea issue between China and the Philippines are territorial and maritime delimitation disputes. Territorial issues do not fall within the scope of UNCLOS authority. Additionally, as early as 2006, China has excluded compulsory settlement procedures from maritime delimitation disputes in accordance with Article 298 of UNCLOS.

As a temporary institution founded on UNCLOS, the tribunal has zero jurisdiction over this case. Arbitration and other international judicial methods to resolve disputes means resorting to third-party settlement. However, this option has already been excluded by internationally binding bilateral agreements between China and the Philippines.

The tribunal chose to ignore these binding documents and breached the premises, exclusions and exceptions for compulsory settlement procedure stipulated in UNCLOS to establish jurisdiction on its own.

The tribunal’s blatant disregard for the agreement China and the Philippines made concerning settling disputes has irresponsibly broken the consensus reached between the two states and has seriously violated China’s right as a sovereign state and UNCLOS signatory to choose its own dispute settlement method.

What’s more, by repeatedly referencing UNCLOS and extending the convention’s coverage to all maritime issues, the tribunal has in fact turned a blind eye to conventional international law.

Any practitioner of international law is aware that articles in UNCLOS are a summary of the historical maritime practices and common will of all countries. UNCLOS shows nothing but respect to conventional international law. However, the tribunal today has discredited all previous practices, contradicting the basic purpose and spirit of UNCLOS.

International law has played a significant role in maintaining a relatively stable international order after World War II. In the decades after the war, hundreds of international treaties were drafted to regulate the conduct of states and people’s lives.

From the planet where we live to outer space, from security to arms control, from economic development to environmental protection, from human rights to judicial cooperation and other areas, these international laws are ubiquitous. The diplomatic actions of every county call for international law. In other words, it is a commonly recognized standard for the international community. The world would fall into chaos without it, and the law of the jungle would once again dominate.

Therefore, the abuse of international law by the Philippines and the tribunal has undermined the authority of the law, which will in turn greatly impact the stability of international order.

It is worth mentioning that the US, a country outside the region, has been eager to play a hand in the issue. Those who are familiar with the “America-style” of dealing with international affairs know that “safeguarding the integrity of international law” is a catchphrase for the country when it comes to international dealings.

However, as a country that attaches such importance to the protection of international law, why has the US supported the illegal acts of the Philippines and the tribunal? The answer is simple: The US only protects those international laws that benefit itself. In the eyes of the US, any illegal act can be considered “an act that protects international law” so long as it benefits its own strategic interests.

A scholar at the seminar pointed out that what the Philippines has done to China today could happen to other countries in the future. If the tribunal comes to a conclusion that does not conform to the facts and the law, then the same twisted logic could be misapplied to other countries with territorial disputes.

Such apprehension is not without merit. If the irresponsible actions of the Philippines, the US and the arbitral tribunal are not faced head on, they will severely affect the authority of international law. From this perspective, China's fight against the abuse of international law is not only the country safeguarding its territorial sovereignty, but also a contribution to lasting peace and stability in the world. - People daily


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Monday, June 13, 2016

Malaysia-China way to South China Sea disputes: a model of amicable consultations

Taking the cue from both China’s and Malaysia’s approach to South China Sea disputes.

 


Dialogue 06/05/2016 South China Sea & Sino-US ties - CCTV News - CCTV.com English


RECENTLY, the South China Sea disputes had been hyped up as a hotspot issue in regional security and discussed in almost every regional and international forum, resulting from the high-profile interference of and the manipulation by some powers outside the region.

In fact, this issue should be solved through negotiation and consultation by parties directly concerned.

Furthermore, freedom of navigation in the South China Sea, which has never been affected, has been misinterpreted by some country as “freedom exclusive to its own military vessels and planes” and flexing its muscles.

The illegal arbitration unilaterally initiated by the Philippines has been labelled as a “benchmark of law-ruling” by the West, suggesting that judicial settlement is the only way to solve disputes in the South China Sea.

Meanwhile, the approach of non-conflicting and friendly consultation has been overshadowed by the noise and chaos.

One day, a friend of mine asked me, is Malaysia a claimant in the South China Sea? If yes, why is the Malaysia-China and Philippines-China relations poles apart? This is indeed a good question.

There is no essential difference between the two pairs of ties.

As China’s close neighbours, Malaysia and the Philippines have enjoyed traditional friendship with China.

Both were the first countries to establish diplomatic relations with China among Asean states. However, while the Malaysia-China relationship is “at the best time of history” and on the path to a new era of “Diamond 40 Years”, the Philippines-China relationship is experiencing severe difficulties.

The reason behind such a striking contrast lies in the different ways the two claimants chose to deal with the disputes with China.

While Malaysia has consistently been committed to maintaining friendly relationship, properly handling disputes, strengthening cooperation and enhancing comprehensive strategic partnership with China, the Philippine president Benigno Aquino III, on the contrary, misjudged the international situation, acted as a pawn of an outsider’s geopolitical strategy, and chose to confront China.

China and Malaysia Set a Model of Amicable Consultations

China and Malaysia enjoy a time-honoured friendship. There are lots of historical records in China about the Malay peninsula since the Tang and Song Dynasties.

In the 15th century, the Ming Dynasty established close relations with the Sultanate of Malacca. Over 600 years ago, Admiral Zheng He stationed at Malacca five times during seven voyages.

He promoted friendship, developed trade and maintained justice in the area. From Admiral Zheng, people have learned the essence of Chinese culture where peace and good neighbourliness always come first.

They do believe that China has no gene of expansion, plunder or aggression. Instead, China can be a trustworthy friend and reliable partner of Malaysia.

Then Prime Minister Tun Razak first adjusted the policy on China 42 years ago with strategic insight among Asean leaders in the context of the Cold War.

He went to China for “an ice-breaking trip” and signed the Communiqué of the Establishment of Diplomatic Relations with Premier Zhou Enlai which opened a new chapter in bilateral relations. Since then, China and Malaysia have helped each other and overcome many difficulties hand in hand.

The relations between the two countries have taken a lead in China’s relations with Asean countries and set a model of friendship in the region.

After four decades, bilateral relations between China and Malaysia are full of vitality and stimulus with deeper mutual trust, frequent high-level visits, constant party-to-party and local exchanges and fruitful cooperation.

China has become Malaysia’s largest trading partner for seven years and Malaysia is China’s largest trading partner in Asean for eight years, and sixth largest in the world.

The bilateral trade volume has reached US$100bil (RM407.5bil). There are also many iconic cooperation projects.

The high-tech cooperation has reached the skies and seas. Malaysia has long been a popular destination for Chinese tourists.

Consulates-general in Kota Kinabalu and Penang and Nanning have been set up. The Malay Studies Centre was established in the Beijing Foreign Studies University and the Confucius Institutes were set up in Universiti Malaya and Segi University.

Xiamen University Malaysia Campus welcomed its first batch of students this year. Pandas Xing Xing and Liang Liang settled in Zoo Negara and gave birth to a baby panda named “Nuan Nuan”, reflecting our heartwarming bond.

Bilateral cooperation in finance, technology, defence and other fields is also striding forward. The seed sowed by the leaders has grown into a flourishing tree, blossomed and yielded fruits.

It is normal for neighbours to have differences and problems. Malaysia is one of the claimants in the South China Sea.

However, this has never hindered the development of our relations. The key is that the leaders of both countries weigh the situation in the perspective of history and experiences, recognise the trend of the world and always place cooperation and mutual development as a priority.

The leaders have frequently exchanged views on the issue of the South China Sea and reached a series of important consensus.

Both sides agree to deal with disputes through friendly consultations and dialogues, avoiding the issue of sabotaging the bilateral relations.

Furthermore, both China and Malaysia object to intervention by forces outside the region. When the Philippines was unilaterally pursuing the South China Sea arbitration case in May 2014, Prime Minister Datuk Seri Najib revisited China to celebrate the 40th anniversary of the establishment of diplomatic relations.

During the visit, the Joint Communiqué signed by the leaders reaffirmed a series of important consensus.

Both sides emphasised that “all sovereign states directly concerned shall exercise self-restraint and settle their differences by peaceful means, through friendly consultations and negotiations, and in accordance with universally recognised principles of international law, including the United Nations Convention on the Law of the Sea 1982.”

Both sides recognised that “intervention or involvement of parties not directly concerned could be counter-productive and further complicate the aforementioned differences.”

It is based on such consensus that the two sides have properly managed their differences, pushed forward their relations, benefited the two peoples and set a good example for regional countries in dealing with disputes.

Unilateral Arbitration is a Wrong Option

The Philippines’ conduct was contrary to Malaysia’s friendly and proper handling of the disputes with China.

In recent years, President Aquino abandoned the commitment of the former government, relied on a superpower to hype up the disputes in the South China Sea, and insisted on confronting China.

He became world “famous” as the arbitration case is a farce. When his term ends, apart from the severe consequences of undermining the China-Philippines traditional friendship, his political legacy will only be piles of bills from the tribunal.

China and the Philippines have a long history of friendly exchanges. The two countries established diplomatic relations in 1975, only one year after China and Malaysia.

Until 2012 when the Philippines deliberately stirred up the Huangyandao Incident and went on a path of confrontation, relations between the two countries had developed soundly and stably with fruitful cooperation in various fields which brought tangible benefits to their two peoples.

For instance, it was China and the Philippines that first launched joint maritime seismic undertaking which became a precious endeavour in the South China Sea.

The two sides launched friendly negotiations and achieved positive outcome in establishing dialogue mechanism, carrying out pragmatic cooperation and promoting joint development.

During President Arroyo’s visit to China in 2007, both sides praised the relations between two countries as a “golden era”.

It is deeply regrettable that on the occasion of the 40th anniversary of the establishment of China-Philippines relations in 2015, the bilateral ties were upset by the arbitration case, instead of entering a “diamond era” from the “golden era” as China and Malaysia has.

Compared with the breadth, depth and warmth of the friendly interaction between China and Malaysia, shouldn’t the Philippines introspect itself?

As a Chinese old saying goes, “close neighbors are more important than remote relatives.” Forces outside the region may come and go whenever they want, but China and Philippines are neighbours that cannot move away from each other.

As a country committed to regional peace and stability as well as promoting economic development, China sincerely welcomes all the regional countries to take a ride together for deeper mutual benefit and win-win cooperation.

The Philippines’ inflexibility on the arbitration case will only sacrifice its own opportunities and interest.

Amicable Consultation is the Only Way Out

People in littoral states along the South China Sea have lived for a long time in peace and harmony, ready to help each other when in need. Although in the 1960s and 1970s, some changes took place and new problems emerged, China and Asean states have consistently engaged in dialogues and communication and maintained overall peace and stability at sea without interference from powers outside the region.

The Declaration on the Conduct of Parties in the South China Sea (DOC) signed by China and Asean in 2002 has played an indispensable role.

Even if the South China Sea issue heats up, China will still stick to settling disputes through negotiation and consultation in a peaceful way. China has also proposed the “Dual Track Approach”, that is, the relevant disputes should be solved by the sovereign states directly concerned through consultation and negotiation, and that peace and stability in the South China Sea should be maintained through joint efforts of China and Asean member states.

The approach is in full accordance with international laws and practices, and has been supported by most of the Asean countries including Malaysia and Brunei which are also claimants in the South China Sea.

History will prove again that friendly consultation is the right way to settle the disputes in the South China Sea.

China is strongly opposed to the unilateral action by the Philippines and China’s position of non-acceptance and non-participation in the arbitration case will not change.

The new Philippine Government should discard illusions and return to the right track. As a matter of fact, Malaysia and Brunei have already set good examples.

Just as Chinese Foreign Minister Wang Yi stated, the arbitration case is a knot that has impeded the improvement and development of China-Philippines relations.

As to how to untie the knot, it depends on the Philippines. China wishes that the new Philippine Government will make a wise choice in consideration to improving the relations and enhancing mutually beneficial cooperation between the Philippines and China.

The Philippines should cease its arbitral proceedings, refuse to be a pawn anymore and return to bilateral negotiation with China.

China is standing ready to commit itself to full and effective implementation of the DOC and making continuous efforts with all relevant parties to maintain peace and stability in the region.

Dr. Huang Huikang

The writer is the Ambassador of the People’s Republic of China to Malaysia. The views expressed here are the writer’s own.

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Thursday, June 9, 2016

China urges Philippines to quit arbitration; Pushes back against US pressure

China urges Philippines to immediately cease arbitral proceedings


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http://english.cctv.com/2016/06/09/VIDESodRMnJFJdiaDZ3JKzuo160609.shtml


<<< Foreign Ministry spokesperson Hong Lei (Source: fmprc.gov.cn)

BEIJING, June 8 (Xinhua) -- China on Wednesday again urged the Philippines to stop its arbitral proceedings and return to the right track of settling relevant disputes in the South China Sea through bilateral negotiation with China.

Foreign Ministry spokesman Hong Lei made the comment at a routine press briefing.

The Foreign Ministry on Wednesday issued a statement saying that disputes between China and the Philippines in the South China Sea should be settled through bilateral negotiation.

Hong said that by unilaterally initiating the arbitration in 2013, the Philippines had turned its back on the possibility of solving the issue through negotiation, leading to a dramatic deterioration of relations between China and the Philippines.

China and the Philippines have reached consensus on settling maritime disputes through bilateral negotiation in a number of bilateral documents, but the two countries have never engaged in any negotiation on the subject-matters of the arbitration, said Hong.

By unilaterally initiating the arbitration, the Philippines has violated its agreement with China as well as its own solemn commitment in the Declaration on the Conduct of Parties in the South China Sea (DOC), he said.

This is an abuse of the dispute settlement procedures of the United Nations Convention on the Law of the Sea (UNCLOS), and is against international law, including UNCLOS, he added.

The door of China-Philippines bilateral negotiation is always open, he said. "China will remain committed to settling through negotiation the relevant disputes with the Philippines in the South China Sea on the basis of respecting historical facts and in accordance with international law."

"China urges the Philippines to immediately cease its wrongful conduct of pushing forward the arbitral proceedings, and return to the right path of settling the relevant disputes in the South China Sea through bilateral negotiation with China," Hong said. - Xinhua

BEIJING: China has urged the Philippines to “immediately cease its wrongful conduct of pushing forward the arbitral proceedings” and “return to the right path” of settling the relevant disputes in the South China Sea, through bilateral negotiation.

In an official statement released yesterday, the Foreign Ministry reaffirmed Beijing’s commitment to a settlement via two-way negotiations, rather than an arbitration unilaterally sought by Manila against China in 2013.

Ties between Beijing and Manila were sunk after the initiation of the arbitration. From the very start of the arbitral process, China has refused to accept or participate.

In the wake of recent comments made by various Chinese officials about the arbitration, the statement said “the door of China-Philippines bilateral negotiation is always open”.

Observers and the media have increasingly called on Philippine President-elect Rodrigo Duterte and his expected administration to quit the arbitration and return to the table for two-way negotiations.

The arbitral case is still pending. Some media and observers said the expected ruling by the arbitral tribunal would be made in a few weeks.

China will remain committed to settling through negotiation the relevant disputes “on the basis of respecting historical facts and in accordance with international law,” the ministry wrote.

In the past weeks, Washington has publicly pressed Beijing to accept the ruling.

That also included a call from US Defence Secretary Ash Carter on Saturday at the Shangri-La Dialogue in Singapore.

Wu Shicun, president of the National Institute for South China Sea Studies, said although it remained to be seen if the incoming Philippine administration would quit the arbitration and return to the table for talks, “it is apparent that the arbitration – from its very beginning – has led to increasing, not decreasing, number of problems between Beijing and Manila”.

“Other regional countries will come to the conclusion that embarking on such an arbitration will obtain no benefit, not to mention resolving any of the existing disputes,” Wu said.

Jia Duqiang, a researcher of South-East Asian studies at the Chinese Academy of Social Sciences, said as the arbitration process came to a critical moment, all parties knew clearly that “no good will serve any party if the big picture is damaged”.

He also said the incoming administration was re-evaluating its policies towards China. — China Daily / Asia News Network

China pushes back against US pressure






SINGAPORE: China rebuffed US pressure to curb its activity in the South China Sea today, restating its sovereignty over most of the disputed territory and saying it "has no fear of trouble".

On the last day of Asia's biggest security summit, Admiral Sun Jianguo said China will not be bullied, including over a pending international court ruling over its claims in the vital trade route.

"We do not make trouble, but we have no fear of trouble," Sun told the Shangri-La Dialogue in Singapore, where more than 600 security, military and government delegates had gathered over three days.

"China will not bear the consequences, nor will it allow any infringement on its sovereignty and security interest, or stay indifferent to some countries creating chaos in the South China Sea."

The waterway has become a flashpoint between the United States, which increased its focus on the Asia-Pacific under President Barack Obama's "pivot", and China, which is projecting ever greater economic, political and military power in the region.

The two have traded accusations of militarising the waterway as Beijing undertakes large-scale land reclamation and construction on disputed features while Washington has increased its patrols and exercises.

On Saturday, top US officials including defence secretary Ash Carter warned China of the risk of isolating itself internationally and pledged to remain the main guarantor of Asian security for decades.

Despite repeated notes of concern from countries such as Japan, India, Vietnam and South Korea, Sun rejected the prospect of isolation, saying that many of the Asian countries at the gathering were "warmer" and "friendlier" to China than a year ago.

China had 17 bilateral meetings this year, compared with 13 in 2015.

"We were not isolated in the past, we are not isolated now and we will not be isolated in the future," Sun said.

"Actually I am worried that some people and countries are still looking at China with the Cold War mentality and prejudice. They may build a wall in their minds and end up isolating themselves."

During a visit to Mongolia today, US secretary of state John Kerry urged Beijing not to establish an air defence identification zone (Adiz) over the South China Sea.

Kerry, who will visit China next, said an Adiz would be "a provocative and destabilising act", which would question Beijing's commitment to diplomatically manage the dispute.

The South China Sea is expected to feature prominently at annual high-level China-US talks starting in Beijing on Monday, also attended by US Treasury Secretary Jack Lew.

US concerns about Chinese trade policy and the difficulty foreign businesses say they face operating in China will add to what will likely be difficult discussions. — Reuters

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