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Showing posts with label United Nations Convention on the Law of the Sea (UNCLOS). Show all posts
Showing posts with label United Nations Convention on the Law of the Sea (UNCLOS). Show all posts

Friday, May 20, 2016

The arbitration decision on South China Sea could 'change the world'

 Chinese J-11 fighter jets intercepted the U.S. EP-3 spy aircraft




THE ruling on an international arbitration case, brought by the Philippines against China on rival claims to the South China Sea, is expected soon.

With the decision widely predicted to favour the Philippines, China – which has refused to participate in the proceedings – has revved up its efforts to influence public opinion at home and abroad.

State-owned media outlets, such as China Radio International’s WeChat account “Watch Asean”, began posting materials provided by the Chinese Foreign Ministry in late April to prove that China lays historical claim to the territory.

Turning to age-old manuscripts like the Book of Han and Record of Foreign Matters written during the Eastern Han Dynasty (25 AD – 220 AD), China said its people were the first to discover, name and administer va­­rious South China Sea islands and therefore enjoy priority rights to own and use the features.

“History has irrefutably proved that China is the sole owner of the South China Sea islands,” it said.

China also cited foreign publications, such as The China Sea Directory by United Kingdom’s Hydrographic Office in 1868 and a 1933 French magazine Le Monde Colonial Illustré, as evidence that Chinese fishermen did live on the islands.

As for other South-East Asian nations that border the South China Sea, China claimed they did not challenge its sovereignty until rich deposits of oil and natural gas were discovered there in the 20th century.

“Vietnam, the Philippines, Malaysia, etc, then ‘occupied’ parts of Nansha (Spratly Islands) and hence the territorial spat ensued,” said Li Guoqing, research fellow of the Institute of Chinese Borderland Studies of the Chinese Academy of Social Sciences told local and international journalists in Beijing.

The conflicts brewed for decades and heightened over the past two years with China’s massive expansion and construction activities in the area, adding airfields, ports and lighthouses to seven islands and reefs.

Its explanation that these facilities were intended for civilian use was not too convin­cing, especially for the United States, which criticised China for “militarising” the disputed waters.

On the international front, China appeared as an aggressive claimant who insists that historical evidence can substantiate its assertion over the territory.

It uses the “nine-dash line” to demarcate its boundary on maps, covering most of the South China Sea and overlapping the exclusive economic zones (EEZ) of Malaysia, Bru­nei, Vietnam, the Philippines and Indo­nesia.

If China is so confident of its sovereignty over the South China Sea, why is it reluctant to appear before the Permanent Court of Arbitration in The Hague?

China said territorial sovereignty is beyond the purview of the United Nations Convention on the Law of the Sea (UNCLOS).

It added that both countries have agreed in the Declaration on the Conduct of Parties in the South China Sea (DOC) to settle disputes through bilateral channels, which means the Philippines’ arbitration has thus breached its obligation under international law.

But the Philippines has emphasised to the five-person tribunal that it is not asking for a ruling on territorial sovereignty, but to clarify its maritime entitlements in the South China Sea.

The tribunal decided in October last year that it has the authority to consider the Philippines’ submissions, adding that the DOC was only a political agreement, which is not legally binding.

The tribunal will rule on whether China’s “nine-dash line” violates UNCLOS, whether the maritime features claimed by both parties should be characterised as “islands, rocks, low-tide elevations or submerged banks” (to determine the maritime zones they are entitled to), and whether “certain Chinese activities” in the South China Sea have violated UNCLOS.

China is adamant that it would not entertain the decision.

“No matter what verdict the arbitration case will be, it is unlawful and invalid. China will neither accept nor recognise it,” Ouyang Yujing, director-general of the Department of Boundary and Ocean Affairs of the Chinese Foreign Ministry, said in a press conference in early May.

Li said it is foreseeable that the disputes over the South China Sea would continue to exist for a long time after the verdict is delivered.

He downplayed the significance of the arbitration, saying that it has been hyped up to appear as if it could “change the world”.

“While China is the most experienced country in the world in solving boundary disputes (through bilateral negotiations), it is also the least experienced when it comes to dealing with territorial claims through international arbitration, so I think China has made the right decision to stay away from the arbitration,” he said.

As China slammed countries outside of the region, such as the US and Japan, for meddling in the maritime row, it is actively lobbying for international support on its stance.

Chinese Foreign Minister Wang Yi, during his three-nation visit to South-East Asia in April, said that Brunei, Cambodia and Laos reached a consensus with China to, among others, agree that countries can choose their own ways to solve disputes and oppose unilateral attempts to impose an agenda on others.

National news agency Xinhua reported that Fiji supported China’s position in a meeting between their foreign ministers in Beijing last month (although the Fijian government quickly clarified that it did not, according to the Fiji Broadcasting Corporation).

Last week, a Doha Declaration was signed by China and 21 countries of the Arab League to support peaceful settlement of disputes through negotiation.

Chinese Foreign Ministry spokesperson Lu Kang said that Gabon, Mauritania and Venezuela have also voiced their support for China.

“We highly commend these countries and regional organisations for their calling for justice,” he said in a daily press briefing.

Judging from China’s behaviour, it is very likely that it will follow up with another publicity blitz to denounce the tribunal’s verdict, if the latter does indeed rule in favour of the Philippines.

The disputes, meanwhile, will be far from over.

By Tho Xin Yi 
Check-in China

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Thursday, June 12, 2014

China turns to UN to set record straight in row with Vietnam over oil rig

Wang Min, China's deputy permanent representative to the United Nations, speaks during a meeting to commemorate the 20th anniversary of the enforcement of the UN Convention on the Law of the Sea, at the UN headquarters in New York, on June 9, 2014. (Xinhua/Niu Xiaolei)

China sends note to UN chief to clarify Xisha situation

China has presented documents to the United Nations, proving its sovereignty over the Xisha Islands ...




Beijing’s efforts to garner support at the United Nations in its territorial row with Hanoi reflect its maturing diplomacy as well as its determination to clarify facts and defend interests, observers said.

In a rare move, Wang Min, China’s deputy permanent representative to the UN, handed a position paper to UN Secretary-General Ban Ki-moon on Monday.

Wang asked Ban to circulate the paper, which includes an article from the Foreign Ministry detailing its stance, among all 193 members of the General Assembly.

“Previously, we seldom take maritime territorial rows to the international arena, but this time, China is determined to make the facts clear,” said Luo Yongkun, a researcher on South-East Asian studies with the China Institute of Contemporary International Relations.

He added that Beijing’s efforts to take the row to the UN are a signal of “its diplomacy getting mature”.

“We have strong proof of sovereignty over the region and have done a lot benefiting countries in the region. However, we seldom talk about that on international sites, as some countries do, so few are aware of that,” he said. “It’s not only about the row with Vietnam, but also about defending China’s national image.”

Vietnam has sent notes to the UN about the dispute, harshly criticising China and hinting at the possibility of seeking international arbitration, which Beijing said it would never accept.

Foreign Ministry spokesman Hua Chunying said on Tuesday that she hoped the news media can understand the aim of Hanoi in hyping the row.

The Chinese note handed to the UN accused Vietnam of ramming Chinese vessels more than 1,400 times near a Chinese oil rig in the South China Sea recently.

It said China National Offshore Oil Corp has been conducting seismic operations and well site surveys in the area for the past 10 years, and the drilling operation “is a continuation of the routine process of exploration and falls well within China’s sovereignty and jurisdiction”.

The operation area is 31km from the baseline of the territorial waters of China’s Xisha Islands, and between 246 and 289km from the coast of Vietnam.

“Vietnam also sent frogmen and other underwater agents to the area, and dropped large numbers of obstacles, including fishing nets and floating objects, in the waters,” the paper said.

It said Vietnam’s actions violated China’s sovereignty, posed “grave threats” to Chinese personnel on the rig and violated international laws including the UN Convention on the Law of the Sea.

“China sent the note to tell the international community the truth and set straight their understanding on the issue,” Wang said after delivering the position paper.

However, he called for maritime disputes to be settled through negotiation between the parties directly involved.

Chen Xiangyang, another researcher at the China Institute of Contem­porary International Rela­tions, said Beijing’s move is a “justifiable defence” against Hanoi’s provocation at the UN.

He said that on this issue, China also has to fight the biased reports of Western media and some countries taking sides with Vietnam regardless of the history and facts. — China Daily / Asia News Network

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Thursday, June 5, 2014

China rejects arbitration tribunal South China Sea ruling ; History backs China in sea disputes

China on Wednesday rejected a Hague-based arbitration tribunal's ruling giving it six months to respond to a legal claim by the Philippines over disputed waters in the South China Sea.

China's stance of not accepting or participating in the arbitration proceedings filed by the Philippines has not changed, Chinese foreign ministry spokesperson Hong Lei said at a regular briefing on Wednesday.

The response came after the tribunal of The Permanent Court of Arbitration in The Hague, the Netherlands, issued a statement on Tuesday, which requires China to submit evidence to defend its territorial claims in the South China Sea before December 15.

The tribunal cited an obligation to assure "each party a full opportunity to be heard and to present its case," according to a Tuesday statement.

The Philippines in March filed a memorandum to the international arbitration under the United Nations Convention on the Law of the Sea (UNCLOS), questioning the validity of China's "nine-dash" territorial claim.

However, experts said that without a bilateral agreement, the UNCLOS has no jurisdiction to interfere in sovereignty issues, which made China's stance reasonable and lawful.

"The international arbitration procedure must be agreed by both parties. If China rejects participating, the arbitration will not work," Ji Qiufeng, a professor of international relations with Nanjing University, told the Global Times.

Ji noted that the international tribunal is most likely to withdraw the Philippines' case.

"It will be a wise decision for the international tribunal as it lacks power to enforce. Even if the tribunal makes a judgment by default, China will not accept its verdict," Ji said. "The tribunal may lose its credibility."

The United States has said it supports the Philippines' arbitration case, which is closely watched by other claimant countries including Vietnam, which said last month it was considering legal action against China after a Chinese oil rig started to operate in waters near the Xisha Islands that Hanoi claims as it territory.

Ji pointed out that Vietnam's legal threat is very likely to depend on the result of the Philippines' case. "As China stands firm against the Manila plea, Hanoi should be aware that the threats would prove in vain."

- By Hu Qingyun Source:Global Times Published: 2014-6-5 0:43:01

History backs China in sea disputes

China has been criticized by some countries for making "ambiguous" claims on the islands, islets, reefs and waters in the South China Sea. For example, it has been criticized for "failing to honor" the United Nations Convention on the Law of the Sea despite being a signatory to it, as well as for "violating" other international laws on the sea.

A few international observers also accuse China of deliberately obscuring its territorial claims in the South China Sea by using terms not found in the UNCLOS, such as "adjacent waters" and "relevant waters". And some countries keep demanding that China "clarify" its nine-dash line map.

The fact is that, if these countries do not change their mindset and attitude, the nine-dash line will continue to be vague for them irrespective of how clearly China defines it.

China has an unequivocal and consistent territorial claim on the islands and other land features in the South China Sea. As a matter of fact, it has unequivocally stated its claim in three official documents: the 1947 Location Map of the South China Sea Islands released by the Kuomingtang government in Nanjing, the 1958 Declaration of the Government of New China on the Territorial Sea and the 1992 Law on Territorial Sea and Contiguous Zone. These documents state that the Dongsha Islands, Xisha Islands, Zhongsha Islands, Nansha Islands and other islands are part of the sovereign territory of China.

Some countries view China's maritime claim in the South China Sea as ambiguous because of certain historical reasons. The first reason is that the UNCLOS does not properly address the issue of historic rights. Despite the reference to historic title in Articles 15 and 298(1)(a), the provision on historic bays in Article 15(6), and the recognition of traditional fishing rights in Article 51, it does not have any provision for the definition of historic rights or their specific connotation and denotation.

The second is that no consistent understanding has been reached in international law on historic rights. For example, Yehuda Z. Blum, an Israeli professor of law and diplomat, has observed: The term "historic rights" denotes the possession by a state, over certain land or maritime areas, of rights that would not normally accrue to it under the general rules of international law, such rights having been acquired by that state through a process of historical consolidation ... Historic rights are a product of a lengthy process comprising a long series of acts, omissions and patterns of behavior which, in their entirety, and through their cumulative effect, bring such rights into being and consolidate them into rights valid in international law.

Besides, a state acquires historic rights through effective exercise of these rights (long series of acts, omissions and patterns of behavior) by one or more states, a practice followed by relevant states. The concept of historic rights is almost equivalent to that of historic water.

In this vein, Leo Bouchez, a renowned international law professor, says the concept of "historic rights" has evolved from the concept of "historic water" and "historic bays". The development from "historic bays" to "historic water" and from "historic title" to "historic rights" indicates the evolution of legal concepts with the development of state practice, and that such concepts have not been finalized.

From the point of view of China, one of the world's oldest civilizations, the South China Sea is part of the traditional Asian order and, hence, it would be inappropriate to comprehend the nine-dash line by relying solely on the Westphalian nation-state system.

As Keyuan Zou, Harris professor of International Law at the University of Central Lancashire in the UK, has observed, the South China Sea nine-dash line map was officially released by the Chinese Kuomingtang government half a century before the UNCLOS, and one decade before the 1958 Four Geneva Conventions on the Law of the Sea. Thus, China's historic rights within the nine-dash line cannot be ignored. The nine-dash line drawn by the Chinese government in 1947, at approximately the median position between China's South China Sea islands and reefs and the coastlines of bordering states, reflects the scope of China's claims. The consistency of the claims has been maintained by China after 1949, and the claims have been recognized or acquiesced to by bordering states over a long period of time. Therefore, the nine-dash line has probative force and weight under international law.

The so-called ambiguity in China's nine-dash line map and its claim on the waters within that line mainly stems from the imperfection of the UNCLOS. To some extent, international law on historic rights is defective in theory and doctrine and lacks a unified standard.

China has been striving to clarify its claim in the South China Sea. But the joint efforts of the international community are also needed to complement and improve the UNCLOS by agreeing to a new international convention or protocol in order to clarify the understanding of historic rights.

The author is deputy director of Maritime Security Institute at East China University of Political Science and Law in Shanghai. The views expressed are personal. His most recent book is Legal Interpretation of China's South China Sea Map: An Inclusive Approach to Ocean Public Order.

- By Zheng Zhihua (China Daily)

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  • the government announced a new list of South China Sea islands, in which Scarborough Shoal was also included and renamed as Democratic Reef, and in 1983, China released a list of some South China Sea islands and began to use Huangyan Island as the island's standard name. While China has legal foundations...
  • Beijing rejects island dispute comments

  • Beijing rejects island dispute comments. Manila's claims over territory make no sense, FM says Beijing on Tuesday criticized Manila's attempt to expand the Huangyan Island dispute over the entire South China Sea and rejected Manila's accusation over the freedom of navigation. Huangyan Island has been...
  • Full Text of Human Rights Record of the United States in 2011

  • percent of middle-aged adults, aged between 35 and 54, reported to own guns, and the adults' gun ownership in the south region was 54 percent (The China Press, October 28, 2011). The New York Times reported on November 14, 2011, that since 1995, more than 3,300 felons and people convicted of domestic...
  • China Voice: No compromise on Diaoyu Islands

  • China Voice: No compromise on Diaoyu Islands. BEIJING, June 5 (Xinhua) -- State sovereignty and territorial integrity are among China's core interests. Hopes of any compromise, however small, on the Diaoyu Islands issue are delusional.“We will not compromise on, concede or trade on territory and sovereignty,...
  • China urges Japan to stop provocation

  • China urges Japan to stop provocation. BEIJING, May 23 (Xinhua) -- China on Friday urged Japan to stop provocation after Japanese leader Shinzo Abe said China's “unilateral drilling“ created tensions in the South China Sea. “We urge Japan to stop all provocative comments and acts and take practical action...
  • China opposes Philippine UN request

  • resort to UN tribunal complicates South China Sea issues 2013-01-24 China: UN request by Philippines complicates S. China Sea issues 2013-01-23 Philippines sends China to UN arbitral tribunal 2013-01-22 ...
  • China, UN to hold cyber security meeting

  • China, UN to hold cyber security meeting. BEIJING, June 3 (Xinhua) -- China and the United Nations (UN) will hold an international symposium on information and network security in Beijing on Thursday and Friday, said Foreign Ministry spokesman Hong Lei on Tuesday. It will be the first international conference...

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