Chinese families stage mass walkout, demanded China's inquiry into mysterious Flight MH370

Lone voice: The Malaysian delegation listening to the Chinese committee member talk in the hotel ballroom in Beijing. - AFP

BEIJING: Family members of Chinese passengers on board MH370 staged a mass walkout during a briefing by a high-level Malaysian delegation here.

A member of the committee that represents the relatives had asked them to leave the Lido Hotel ballroom as a show of discontent.

The families are convinced that the Malaysian authorities were hiding facts concerning the airliner, which had gone missing with 239 passengers and crew members.

Delegation members had just finished answering questions posed to them by the families a day earlier when the committee member stood up and addressed the crowd.

“Have you heard any updates related to our loved ones from the delegation?” he asked. “Have you heard any answers from the delegation in response to our key queries?”

The crowd shouted “No” in unison.

The man then asked the family members to leave the ballroom and to go “discuss the next course of action” with the committee in another room.

He stressed that the families should do so voluntarily.

After all the relatives had left, the man posed several questions to the delegation and then concluded with: “You have seen from the incident today that the Chinese people and the next-of-kin are united.

“What you are hiding now will ultimately see the light of the day. There will certainly be people who will receive due punishment.”

Despite the awkwardness of the situation, members of the delegation remained seated at the front of the ballroom.

They were Malaysian ambassador to China Datuk Iskandar Sarudin, Royal Malaysian Air Force air operations commander Lt-Jen Datuk Seri Ackbal Abdul Samad, Department of Civil Aviation air traffic services director Ahmad Nizar Zolfakar and representatives from Malaysia Airlines.

Lt-Jen Ackbal then spoke to the man.

“We would like to ask you how we can move forward from here. We have been trying our best to keep you updated and we have nothing to hide.

“We are telling you what we can tell. There are a few ongoing inquiries and we can only reveal information that will not jeopardise the investigations,” he said.

The representative retorted: “I do not want to hear you saying that you need to go back and check when we ask you simple questions.

“You no longer have to protect the safety of hostages. Which one do you put first, national interest or (the) search and rescue mission?”

After that, the man asked the delegation and news media to leave the ballroom because the families wanted the place for a closed-door meeting.

As the family members started streaming back in, the delegation and newsmen stood up and left.

Yesterday’s meeting was the sixth between the delegation and the families; one session lasted seven hours without a break.

Sources: The Star/Asia News Network

Chinese MH370 relatives demand Beijing probe 
- The Economic Times:

 

The document, sent to Beijing's special envoy in Kuala Lumpur, denounced Malaysia's handling of the search and asked the Chinese government to set up its own "investigation office".

Read more at: http://economictimes.indiatimes.com/articleshow/32831901.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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China stresses importance of international cooperation on MH370 search

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  Flight MH370: two satellite objects spotted in southern Indian Ocean

The document, sent to Beijing's special envoy in Kuala Lumpur, denounced Malaysia's handling of the search and asked the Chinese government to set up its own "investigation office".

News of the letter comes as a committee set up by relatives of the 153 Chinese passengers has begun discussions with lawyers  ..

http://economictimes.indiatimes.com/articleshow/32831901.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppstThe document, sent to Beijing's special envoy in Kuala Lumpur, denounced Malaysia's handling of the search and asked the Chinese government to set up its own "investigation office".

BEIJING: Relatives of the Chinese passengers aboard missing Malaysia Airlines flight MH370 have demanded China mount its own inquiry into the disappearance, a letter shows.

The document, sent to Beijing's special envoy in Kuala Lumpur, denounced Malaysia's handling of the search and asked the Chinese government to set up its own "investigation office".

News of the letter comes as a committee set up by relatives of the 153 Chinese passengers has begun discussions with lawyers .. Read more at: http://economictimes.indiatimes.com/articleshow/32831901.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Black box scanners arrive Australia as search for MH370 pins hope on new satellite images

Underwater scanners that will be used to try to locate the black box flight recorders from the missing Malaysia Airlines flight MH370 have arrived at the search headquarters in Australia, as crews pin their hopes on new satellite images showing 300 pieces of possible debris in the southern Indian Ocean.

The new information came as strong winds and icy weather forced planes and ships to call off their search on Thursday of an area where officials believe the plane came down almost three weeks ago.

Australian maritime officials said several planes had reached the search zone, located about 1,550 miles (2,500 km) south-west of Perth, but had returned early without finding any of the floating debris.

Sam Cardwell, a spokesman for the Australian maritime safety authority, said the planes had stayed in the area for about two hours. "They got a bit of time in, but it was not useful because there was no visibility," he said.

The bad weather is expected to last well into Friday, raising the possibility that the hunt for hundreds of pieces of debris that could be from MH370 will not resume until the weekend.

The arrival of sensitive tracking equipment offers a glimmer of hope for a breakthrough in what has become the biggest mystery in commercial aviation history.

An Australian naval vessel ship will sweep the seabed by towing an underwater listening device deep below the surface in the hope of picking up an ultrasonic signal from one or both of the plane's black box recorders, while a small submersible drone will be used to scan the sea floor for signs of wreckage.

Thursday's search involved 11 planes and five ships in an area of the vast southern Indian Ocean where officials believe the plane ran out of fuel and crashed, killing all 239 people aboard.

They were trying to locate 122 objects captured in French satellite images on 23 March that senior Malaysian officials described as the most credible lead yet as to the jetliner's whereabouts.

Later on Thursday, Thailand said it had satellite images showing 300 floating objects floating in roughly the same area. The objects, ranging in length from two to 15 metres, were found about 125 miles from the site where the French satellite had earlier spotted more than 100 pieces of debris.

Anond Snidvongs, executive director of Thailand's space technology development agency, said the information had been passed on to Malaysia. "But we cannot – dare not – confirm they are debris from the plane," he told AFP.

Officials from the Australian Maritime Safety Authority said Thursday's search had been split into two areas totalling 78,000 sq km (30,000 square miles). The operation involves planes and ships from the US, China, Japan, South Korea, Australia and New Zealand.

Locating and retrieving at least some of the floating objects could prove crucial in the absence of any physical evidence supporting the theory that MH370 ran out of fuel hours after it turned sharply off course and disappeared from air traffic controllers' screens over the South China Sea en route from Kuala Lumpur to Beijing.

Search teams are hoping that the detection equipment will be able to pick up acoustic pings emitted every second from the plane's black box flight data recorder and cockpit voice recorder.

Each of the two recorders has a beacon, attached to the outside of the black box, which once activated by contact with water makes a sound every second.

But it is a race against time: the beacons have a battery life of 30 days, after which the pings begin to fade. Chuck Schofield of Dukane Seacom, a company that has sold the pingers to Malaysia Airlines, told Associated Press that the batteries might last an additional five days before dying.

Assuming that the plane crashed on 8 March, as Malaysian officials insist, that means the beacons aboard MH370 will begin to fade around 7 April and could go silent around 12 April.

The US navy tracking equipment – a special listening device known as a "towed pinger locator" and an underwater drone dubbed Bluefin-21 – has arrived in Perth, where the international effort is based and is being sent to the search site.

Reports said the equipment would be loaded on to the Australian navy's HMAS Ocean Shield, which will drag the locator through the water in the hope of picking up a signal.

The drone can dive to depths of about 4,500 metres, using sonar to form images of the ocean floor. Similar technology was used to locate the main wreckage from Air France flight 447 in 2011 – yet it still took searchers two years to recover the black box from the depths of the Atlantic.

The operation has been hampered by bad weather and conditions, prolonging the anguish of relatives after Malaysian officials said they had concluded that the aircraft had crashed into the sea with the loss of all on board.

Experts said search crews faced significant dangers due to frequent bad weather and the area's distance from land. "This is a really rough piece of ocean, which is going to be a terrific issue," Kerry Sieh, director of the Earth Observatory of Singapore, told Associated Press. "I worry that people carrying out the rescue mission are going to get into trouble."

Criticism of the Malaysian authorities' handling of the incident has continued, with relatives of the 154 Chinese passengers on board MH370 ridiculing Malaysian government and airline officials at a meeting in Beijing on Wednesday.

On Thursday, Malaysia Airlines ran a full-page message of condolence in the New Straits Times. "Our sincerest condolences go out to the loved ones of the 239 passengers, friends and colleagues. Words alone cannot express our enormous sorrow and pain," it said.

Chinese insurance companies have started paying compensation to the families of passengers, according to Xinhua.

Several Chinese celebrities took to social media to voice anger at the Malaysian government. In a widely shared post on Sina Weibo, China's version of Twitter, the singer and actor Chen Kun said he would boycott Malaysian goods, while the Hong Kong-born actor Deric Wan called for evidence that the plane had crashed.

"What Chinese people wanted was the truth of the missing plane instead of a pointless press conference," he said on Weibo, according to China Daily.

But in an opinion piece in Thursday's Global Times, Wang Wenwen said that while Malaysia had handled the crash aftermath ineptly, raw emotion should not be allowed to determine relations between the Chinese and Malaysian governments. "It is too early to let public opinion lead the way at the current stage. Whether Beijing-Kuala Lumpur relations will dim depends to some extent on how the [Chinese] government will act between diplomatic manoeuvering and public opinion."

The New Zealand family of Paul Weeks, one of the passengers, added their voice to criticism of the Malaysian authorities. "The whole situation has been handled appallingly, incredibly insensitively," Sara Weeks, the missing man's sister, told Radio Live in New Zealand.

"Everyone is angry about it. "The Malaysian government, the airline – it's just all been incredibly poor. Who's to say they couldn't have located the plane the day that it happened?" - The Guardian


Don't let extreme feelings preempt MH370 findings

 

A ground crew member directs a Royal Australian Air Force AP-3C Orion upon its returns to RAAF base Pearce from searching for the missing Malaysia Airlines flight MH370 over the southern Indian Ocean on Wednesday. Photo: AFP

Monday was a dramatic day for the Chinese relatives of those aboard the Malaysia Airlines flight MH370 that disappeared over two weeks ago.

After the Malaysian side announced that the airliner had "ended in the southern Indian Ocean" and none of the passengers survived, relatives of the 154 Chinese citizens on board became furious. They released a statement accusing the Malaysian government of being "murderers" and protested outside the Malaysian embassy in Beijing the next day.

These families have the support of the Chinese people, notably with doubts over the information released by the Malaysian side and criticism against the Malaysian government on China's social media.

When Victor Wong, a Chinese-Malaysian singer well known among the Chinese public, expressed his condolences to the relatives of the victims on his Sina Weibo account, a flurry of comments followed, blaming him for being hypocritical and calling for a boycott of his performances in China.

Many also urged the Chinese government to take a tough stance toward Malaysia, which is thought by many to have mishandled the search for the missing plane.

This mysterious accident is being followed by the world, as are China's reactions. In the eyes of some Western observers, China is "doing its best to foster a sense of aggrievement" and "exploiting international incidents for domestic gain."

Indeed, Malaysia should take most of the blame as it dragged this painful accident on for too long. Its approach in handling the aftermath of the tragedy raised doubts from international watchers. The grievances of the Chinese people didn't come from nowhere.

There have already been analyses in the foreign media speculating on a strained relationship between China and Malaysia, despite the fact that Malaysia was the first ASEAN country to establish diplomatic ties with China in 1974 and that Malaysia is China's largest trading partner among ASEAN countries.

China's tourist agencies have reported a sharp decline in the number of Chinese travelers choosing to visit Malaysia.

The past few years have seen the Chinese government facing increasing pressure from the public in making diplomatic decisions. There is a worrying sign that the public mood might be fanned by some opinion leaders at the price of ruining good people-to-people relationship between the two countries.

It is too early to let public opinion lead the way at the current stage. Whether Beijing-Kuala Lumpur relations will dim depends to some extent on how the government will act between diplomatic maneuvering and public opinion.  - Global Times

Read more in Special Coverage:

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Families filing lawsuits over MH370 while new 122 objects identified by a French satellite

A model of a Boeing 777 aircraft is displayed as representatives of US law firm Ribbeck Law Chartered International hold a media briefing at a hotel in Kuala Lumpur on March 26, 2014. Family members of the victims of the ill-fated Flight MH370 are filing a RM4.95 billion (S$1.9 billion) suit for compensation, against Boeing and Malaysia Airlines. -- PHOTO: AFP 

KUALA LUMPUR - Family members of the victims of the ill-fated Flight MH370 are filing a RM4.95 billion (S$1.9 billion) suit for compensation, against Boeing and Malaysia Airlines.

Chicago-based firm Ribbeck Law Chartered, who is acting on behalf of the family members, has started proceedings by filing a petition of discovery in an Illinois court.

Ms Monica Kelly, the lead lawyer from Ribbeck Law, said the firm which specialises in aviation law had been approached by family members from China and Indonesia.

Of the 239 people on board MH370, there were 153 China nationals and seven Indonesians.

Ms Kelly said they had spoken to family members in many countries and expected about half of those affected to take part in the suit.

She said the fact that neither the wreckage of MH370 nor the bodies of the pasengers have been found would not affect the case, as they would be inspecting the rest of the MAS fleet for similar design flaws.

"We've had successful cases where the plane, the victims or even the blackbox were not found," said Ms Kelly, during a briefing with the press in Kuala Lumpur.

"We have done many cases where wreckage was completely destroyed, or no bodies found, or wreckage found but no black boxes working. We are not relying on these things to start the legal process," said Kelly, during a briefing to the press here.

She said such suits can take anywhere between four months to five years, but expects this case to take between one-and-a-half to two years.

The firm would focus its suit against Boeing, as they believe it was a case of equipment malfunction but could expand the defendants to include other component manufacturers or even those who trained the crew. 

A Malaysia Airlines spokesman said the airline is aware of the lawsuit.

"Our lawyers have been advised of this development.

" At this point in time, our top priority remains to provide any and all assistance to the families of the passengers and crew.

"Other matters will be dealt with appropriately," the spokesman said in a statement.

Mr Manuel Von Ribbeck of Ribbeck Law said they are 100 per cent confident of winning the suit, as according to the law, passengers are never at fault.

Mr Ribbeck said the coverage for compensation is about RM4.95 billion, and the firm would demand the full amount be paid.

For the purpose of the lawsuit, the firm assumes that the passengers are dead, based on Malaysian Prime Minister Najib Razak's announcement.

"We hope that miracles can happen, but based on the data we've seen so far, it does not look good for the flight and her passengers," said Mr Ribbeck.

Boeing, the manufacturers of the 777-200 aircraft, has been on the receiving end of a number of lawsuits in the past.

The most recent lawsuit was in January this year by a group of passengers, represented by Mr Ribbeck Law, who were aboard an Asiana Airlines flight that crash-landed in San Francisco on July 6 last year.

Three people were killed and more than 180 others hurt.

France's Satellite imagery shows 122 'potential objects'

This handout picture received from the Malaysian Remote Sensing Agency (MRSA) on March 27, 2014 shows imagery taken on March 23 by a French satellite showing more than 100 floating objects (within higlighted boxes) in the remote southern Indian Ocean.

KUALA LUMPUR: The Malaysian Remote Sensing Agency (MRSA) has identified 122 “potential objects” that could be linked to the missing Malaysia Airlines Flight MH370 in an area of the southern Indian Ocean, about 2,557km from Perth.

The MRSA had analysed satellite images provided by France’s Airbus Defence and Space.

Acting Transport Minister Datuk Seri Hishammuddin Hussein said the new development supported “the most credible lead” for focusing the search in the southern Indian Ocean, alluding to the analysis of British investigators that pointed to the area.

The objects were in an area of about 400sq km, he told the daily press conference at the Putra World Trade Centre here yesterday.

“Some objects are a metre in length, others as much as 23m long. Some of the objects appeared to be bright, indicating they are possibly solid,” he said.

Hishammuddin, who is also Defence Minister, added that the MRSA findings were immediately forwarded to the Australian Rescue Co-ordination Centre in Perth.

“It must be emphasised that we cannot tell whether the potential objects are from MH370.

“Nevertheless, this is another new lead that will help direct the search operation,” he said.

Hishammuddin said the search operation now had four separate satellite leads, from Australia, China and France, showing possible debris.

What had to be done now was to determine whether it was really debris and linked to MH370, he added.

Hishammuddin said Australia was leading the search effort in the southern Indian Ocean while Malaysia continued its coordinating role.

“Australia has divided the search area into two sectors: East and West.

“With the improved weather, 12 planes were deployed to the search area – six in the East sector and six in the West,” he said.

In the East sector, the search would be conducted by one Australian P3 Orion, and three Australian civilian aircraft, one Chinese Ilyushin IL-76 and one New Zealand P3 Orion.

Involved in the West sector were a US P8 Poseidon, two Australian P3 Orions and one each from South Korea and Japan as well as a civilian aircraft.

Hishammuddin also said an international working group was helping refine Inmarsat data to further narrow the search area.

The working group – consisting of Inmarsat, the UK Air Accidents Investigation Branch, Civil Aviation Administration of China, the US National Transportation Safety Board and Federal Aviation Administration, Boeing and Rolls Royce as well as the relevant Malaysian authorities – will attempt to determine more accurately the final position of MH370. - The Star/ANN

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  Flight MH370: two satellite objects spotted in southern Indian Ocean

Flight MH370 ended in southern Indian Ocean! All 239 lives lost, British Inmarsat & AAIB cited, no evidence

 

Search area for Malaysian Airlines flight MH370.

Analysis by the British satellite company Inmarsat and the UK's Air Accidents Investigation Branch (AAIB) was cited on Monday by the Malaysian prime minister as the source of information that has narrowed the location where the Malaysia Airlines flight MH370 may have crashed into the southern Indian Ocean to a corridor a couple of hundred miles wide.

The analysis follows fresh examination of eight satellite "pings" sent by the aircraft between 1.11am and 8.11am Malaysian time on Saturday 8 March, when it vanished from radar screens.

The prime minister, Najib Razak, said: "Based on their new analysis, Inmarsat and the AAIB have concluded that MH370 flew along the southern corridor, and that its last position was in the middle of the Indian Ocean, west of Perth.



"This is a remote location, far from any possible landing sites. It is therefore with deep sadness and regret that I must inform you that, according to this new data, flight MH370 ended in the southern Indian Ocean."

He added that they had used a "type of analysis never before used in an investigation of this sort".

The new method "gives the approximate direction of travel, plus or minus about 100 miles, to a track line", Chris McLaughlin, senior vice-president for external affairs at Inmarsat, told Sky News. "Unfortunately this is a 1990s satellite over the Indian Ocean that is not GPS-equipped. All we believe we can do is to say that we believe it is in this general location, but we cannot give you the final few feet and inches where it landed. It's not that sort of system."

McLaughlin told CNN that there was no further analysis possible of the data. "Sadly this is the limit. There's no global decision even after the Air France loss [in June 2009, where it took two years to recover the plane from the sea] to make direction and distance reporting compulsory. Ships have to log in every six hours; with aircraft travelling at 500 knots they would have to log in every 15 minutes. That could be done tomorrow but the mandate is not there globally."

Since the plane disappeared more than two weeks ago, many of the daily searches across vast tracts of the Indian Ocean for the aircraft have relied on Inmarsat information collated halfway across the world from a company that sits on London's "Silicon Roundabout", by Old Street tube station.

Using the data from just eight satellite "pings" after the plane's other onboard Acars automatic tracking system went off at 1.07am, the team at Inmarsat was initially able to calculate that it had either headed north towards the Asian land mass or south, towards the emptiest stretches of the India Ocean.

Inmarsat said that yesterday it had done new calculations on the limited data that it had received from the plane in order to come to its conclusion. McLaughlin told CNN that it was a "groundbreaking but traditional" piece of mathematics which was then checked by others in the space industry.

The company's system of satellites provide voice contact with air traffic control when planes are out of range of radar, which only covers about 10% of the Earth's surface, and beyond the reach of standard radio over oceans. It also offers automatic reporting of positions via plane transponders. It is possible to send route instructions directly to the cockpit over a form of text message relayed through the satellite.

Inmarsat was set up in 1979 by the International Maritime Organisation to help ships stay in touch with shore or call for emergency no matter where they were, has provided key satellite data about the last movements of MH370.

Even as the plane went off Malaysian air traffic control's radar on 8 March, Inmarsat's satellites were "pinging" it.

A team at the company began working on the directions the plane could have gone in, based on the responses. One pointed north; the other, south. But it took three days for the data to be officially passed on to the Malaysian authorities; apparently to prevent any more such delays, Inmarsat was officially made "technical adviser" to the AAIB in its investigation into MH370's disappearance.

Inmarsat's control room in London, like some of its other 60 locations worldwide, looks like a miniature version of Nasa: a huge screen displays the positions of its 11 geostationary satellites, and dozens of monitors control and correct their positions. A press on a key can cause the puff of a rocket on a communications satellite 22,236 miles away, nudging its orbit by a few inches this way or that.

More prosaically, Inmarsat's systems enable passengers to make calls from their seats and also to use Wi-Fi and connect to the internet while flying.

If the plane has its own "picocell" essentially a tiny mobile phone tower set up inside the plane then that can be linked to the satellite communications system and enable passengers to use their own mobile phones to make calls, which are routed through the satellite and back to earth.

After its creation, Inmarsat's maritime role rapidly expanded to providing connectivity for airlines, the media, oil and gas companies, mining and construction in remote areas, and governments.

Privatised at the end of the 1990s, it was floated on the stock market in 2004, and now focuses on providing services to four main areas: maritime, enterprise (focused on businesses including aviation), civil and military work for the US government, and civil and military work for other governments. The US is the largest government client, generating up to a fifth of its revenues of about £1bn annually. The firm employs about 1,600 staff.

-  Charles Arthur, technology editor The Guardian

 This graphic from The Telegraph indicates the suspected flight path of MH370 and the location of the past week's debris sightings and searches:

China demands more information from Malaysia

Earlier, China’s foreign ministry urged Malaysia to provide all available information and evidence o...

China search plane spots "large objects" related to missing Flight MH370

 China search plane spots "large objects"

A Chinese search plane reports it has discovered floating debris that could be related to the missing Malaysia Airlines flight MH370 in the southern Indian Ocean.

The crew says it spotted two "relatively large" objects and several smaller ones spread over several kilometers. China has diverted its icebreaker ship, Xuelong, toward the location where the debris was spotted. It's expected to arrive on early Tuesday.

China has also asked Australia to send its aircraft to the area. Ten planes are combing the southern Indian Ocean.

Australia said the search area was widened from 59,000 to 68,000 square kilometers.

The expansion came after French satellite revealed "floating debris" in an area north of pictures previously captured by Australian and Chinese satellites. It's the third set of satellite images in a week.

The Australian Deputy Prime Minister Warren Truss says the new lead is promising. He cautions that the search in the icy southern Indian Ocean remains difficult, as rain was expected today.

"We still don't even know for certain that the aircraft is even in this area. We're just, I guess, clutching at whatever little piece of information comes along to try and find a place where we might be able to concentrate the efforts," Truss said.

Malaysian authorities have said the black box is expected to run out of power in two weeks, and won't be able to send any signal thereafter.

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Investor treaties in trouble

Several countries are reviewing these agreements, prompted by the number of cases brought by foreign companies who claim that changes in government policies affect their future profits.

THE tide is turning against investment treaties that allow foreign investors to take up cases against host governments and claim compensation of up to billions of dollars.

Indonesia has given notice it will terminate its bilateral investment treaty (BIT) with the Netherlands, according to a statement issued by the Dutch embassy in Jakarta last week.

“The Indonesian Government has also mentioned it intends to terminate all of its 67 bilateral investment treaties,” according to the statement.

It has not been confirmed by Indonesia. But if this is correct, Indonesia joins South Africa, which last year announced it is ending all its BITS.

Several other countries are also reviewing their investment treaties.

This is prompted by increasing numbers of cases being brought against governments by foreign companies who claim that changes in government policies or contracts affect their future profits.

Many countries have been asked to pay large compensations to companies under the treaties.

The biggest claim was against Ecuador, which has to compensate an American oil company US$2.3bil (RM7.6bil) for cancelling a contract.

The system empowering investors to sue governments in an international tribunal, thus bypassing national laws and courts, is a subject of controversy in Malaysia because it is part of the Trans-Pacific Partnership Agreement (TPPA) which the country is negotiating with 11 other countries.

The investor-state dispute settlement (ISDS) system is contained in free trade agreements (especially those involving the United States) and also in BITS which countries sign among themselves to protect foreign investors’ rights.

When these treaties containing ISDS were signed, many countries did not know they were opening themselves to legal cases that foreign investors can take up under loosely worded provisions that allow them to win cases where they claim they have not been treated fairly or that their expected revenues have been expropriated.

Indonesia and South Africa are among many countries that faced such cases.

The Indonesian government has been taken to the International Centre for Settlement of Investment Disputes (ICSID) tribunal based in Washington by a British company, Churchill Mining, which claimed the government violated the United Kingdom-Indonesia BIT when its contract with a local government in East Kalimantan was cancelled.

Reports indicate the company is claiming compensation of US$1bil to US$2bil (RM3.3bil to RM6.6bil) in losses.

This and other cases taken against Indonesia prompted the government to review whether it should retain its many BITS.

South Africa had also been sued by a British mining company which claimed losses after the government introduced policies to boost the economic capacity of the blacks to redress apartheid policies.

India is also reviewing its BITS, after many companies filed cases after the Supreme Court cancelled their 2G mobile communications licences in the wake of a high-profile corruption scandal linked to the granting of the licences.

But it is not only developing countries that are getting disillusioned by the ISDS. Europe is getting cold feet over the investor-state dispute mechanism in the Trans-Atlantic trade agreement (TTIP) it is negotiating with the United States, similar to the mechanism in the TPPA.

Two weeks ago, Germany told the European Commission that the TTIP must not have the investor-state dispute mechanism.

Brigitte Zypries, a junior economy minister, told the German parliament that Berlin was determined to exclude arbitration rights from the Transatlantic Trade and Investment Partnership (TTIP) deal, according to the Financial Times.

“From the perspective of the [German] federal government, US investors in the European Union have sufficient legal protection in the national courts,” she said.

The French trade minister had earlier voiced opposition to ISDS, while a report commissioned by the UK government also pointed out problems with the mechanism.

The European disillusionment has two causes.

ISDS cases are also affecting the countries. Germany has been taken to ICSID by a Swedish company Vattenfall which claimed it suffered over a billion euros in losses resulting from the government’s decision to phase out nuclear power after the Fukushima disaster.

And the European public is getting upset over the investment system. Two European organisations last year published a report showing how the international investment arbitration system is monopolised by a few big law firms, how the tribunals are riddled with conflicts of interest and the arbitrary nature of tribunal decisions.

That report caused shock waves not only in the civil society but also among European policy makers.

In January, the European Commission suspended negotiations with the United States on the ISDS provisions in the TTIP, and announced it would hold 90 days of consultations with the public over the issue.

In Australia, the previous government decided it would not have an ISDS clause in its future FTAs and BITS, following a case taken against it by Philip Morris International which claimed loss of profits because of laws requiring only plain packaging on cigarette boxes.

In Malaysia, the ISDS is one of the major controversial issues relating to the TPPA. Many business, professional and public-interest groups want the government to exclude the ISDS as a “red line” in the TPPA negotiations.

Prime Minister Datuk Seri Najib Tun Razak had also mentioned investment policy and ISDS as one of the issues (the others being government procurement and state-owned enterprises) in the TTPA that may impinge on national sovereignty, when he was at the Asia-Pacific Economic Cooperation Summit and TPPA Summit in Indonesia last year.

So far, the United States has stuck to its position that ISDS has to be part of the TPPA and TTIP. However, if the emerging European opposition affects the TTIP negotiations, it could affect the TPPA as this would strengthen the position of those opposed to ISDS.

Meanwhile, we can also expect more countries to review their BITS. Developing countries seeking to end their bilateral agreements with European countries can point to the fact that more and more European countries are themselves having second thoughts about the ISDS.

Contributed by  Martin Khor Global Trends The Star/ANN

• The views expressed are entirely the writer’s own.

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Japan, reverting to its history’s infamy !

The ghosts of Japan’s imperial past have returned to haunt the nation, its government, and the other countries in this region.

IF anyone still doubts the controversies about Japan’s current nationalistic urges, news reports and media commentaries in the region clearly confirm they persist.

Nations sometimes have leaders who shoot themselves in both feet and then promptly stuff them in their mouths. Japan’s current leaders have lately outdone all these others before.

Opinion leaders in the region have recently noted the excesses of right-wing Prime Minister Shinzo Abe’s government, its various indiscretions, and the reactions to them.

Much in the simmering controversies, notably in South Korea and China, comes courtesy of Abe’s team in Tokyo’s establishment. He, his deputy Taro Aso and some of their appointees have actively stoked the embers of regional contention.

Abe, the nationalist grandson of imprisoned Nobosuke Kishi, a suspected “Class A” war criminal, had briefly served as prime minister before without much controversy.

But by courting contempt this time in trying to rewrite history and defiantly visiting Yasukuni War Shrine honouring war criminals to proclaim that Japan did nothing wrong in World War II, Abe got the trouble he risked getting.

Aso himself is a “veteran” in provoking controversy. As foreign minister before, he was even more defiant and unapologetic than Abe, and has lately called on Japan to learn from Nazi Germany.

Their appointees such as chairman Katsuto Momii and governor Naoki Hyakuta of public broadcaster NHK have likewise made outrageous comments about Imperial Japan’s atrocities.

Momii said the sex slaves that Japanese troops made of Korean women was a common occurrence of any country at war, earning a rebuke from the United States.

Hyakuta championed Imperial Japan, denying that the Nanjing Massacre ever happened.

Abe’s choice of other controversies at the same time included efforts to rewrite the post-war Constitution to make it less conciliatory, revising past apologies for the war, and hardening Japan’s claims to disputed maritime territories.

The result: aggravating relations with South Korea and China. Although China-Japan relations are often said to be fraught because of Japan’s horrific wartime incursions, Tokyo’s relations with Seoul are even worse.

Even at the height of activism against US imperialism decades ago, Japan remained the biggest sore point for Koreans.

Now Abe is even less popular among South Koreans than North Korean leader Kim Jong-un, with two successive Presidents – and conservative ones at that – underscoring this position.

In a Korean press commentary on Thursday, Abe was described as having “become by far the most hated Japanese head of government for Koreans in recent decades”.

With 82% of Koreans convinced that Japan has not atoned for its sordid past, others have called Abe by worse names.

But have Abe and his inner circle learned anything from all this? They have offered retractions and apologies when pressed, but remained firmly set in their views.

Yet it need not be so. It was not like that for many years before.

In the 1990s, NHK invited me to give a seminar to regional news correspondents at its headquarters in Tokyo.

I was then holding a fellowship at a Japanese policy research institute to examine the prospects for regional cooperation, which happened to be a time of some regional ferment.

I introduced South-East Asia’s history and cultures without mentioning the atrocities committed by Imperial Japan, because there was no need to. Yet a young newsman later approached me to say he knew of Japanese war crimes despite all the denials.

A senior NHK staff who shared the taxi with me later explained that the common image of a constantly apologetic Japanese people was a misleading stereotype. Wherever these NHK people have gone today, they do not seem to be represented in its board.

Around that time, “maverick” Japanese historian Saburo Ienaga was entangled with the Japanese government in several court cases over an accurate depiction of Japan’s role during the war.

In Tokyo’s clumsy attempts to whitewash its wartime atrocities, the Education Ministry rejected Ienaga’s school textbooks. As he arrived at the courthouse to take on the authorities, he was cheered by a supportive Japanese public.

The Japanese public has repeatedly been more enlightened and liberal than any nationalistic government or self-proclaimed “liberal” party.

Commentators put this difference down to a flawed and dysfunctional political system, despite a mantle of democracy.

A recent commentary excused Japan in otherwise unfavourable comparisons with a contrite Germany because of “cultural” differences. However, while Germany assists in the international pursuit and prosecution of Nazi war criminals, Japan has the Yasukuni Shrine glorifying such criminals instead.

The commentary added that Germany was different in being offered full membership of a European community.

Actually, Japan was offered both membership and leadership of an East Asian Economic Grouping, when its economy was stronger and China’s ascendancy was still in its infancy, but Tokyo rejected it outright.

It was further said that like Germany, full atonement is best done in groups. But very much unlike Germany, there are groups in Japan that continue to deny wartime atrocities and – like Hyakuta and his ilk – insist that Imperial Japan had done Asia a favour with invasion and occupation.

Hardly anyone who has suffered Japanese wartime occupation would believe that tale. Japanese forces had never invaded North-East or South-East Asia only to grant independence to the countries there.

Among these reactionary and revisionist groups was a far-right party that had organised an international conference in Tokyo to argue these points some two decades ago.

As I entered the hall as an observer, I was swiftly introduced to a war veteran who had proudly published a book to “prove” that the Nanjing Massacre was a myth.

When former Malaysian foreign minister Tun Ghazali Shafie spotted me in the hall, he came over to assure me that everything was under control and that the Malaysian embassy had a staff present to take notes.

I looked around and saw a young Malaysian diplomat trying to make sense of the proceedings.

The organisers had invited foreign speakers like Ghazali to endorse their views, to which he hastened to reply that all he meant was that the region should look to the future together rather than dwell on the problems of the past. They did not seem to take note of the nuances.

Such extremist groups remain active in Japan, and have become even more vocal and visible than before. Observers note that they have lately moved from the margins to the mainstream of Japan’s body politic.

What is the sum total of their impact on Japanese officialdom? How far has their influence strayed beyond Tokyo?

Earlier this month, a Japanese diplomat based in Kuala Lumpur reviewed some of these issues with me in a private discussion.

He was a youngish, liberal-minded officer about the same age as the NHK news correspondent who confided in me in the 1990s.

In the course of our discussion I mentioned that although South Korea and China are often cited as griping about Japan’s militarist past, people in South-East Asia who had also suffered Japanese imperialism feel the same without necessarily announcing it to the world.

He expressed surprise, not knowing before that anyone in this region had suffered anything under Japan during the war.

Tokyo’s history deniers and revisionists seem to have scored some success after all.

Contributed by Behind The Headlines Bunn Nagara, The Star/ANN

• Bunn Nagara is a Senior Fellow at the Institute of Strategic and International Studies (ISIS) Malaysia.
• The views expressed are entirely the writer's own 

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Chinese satellite spots large new object could be related to missing MH370

The Chinese embassy here confirmed Saturday that Chinese satellite spotted a 22-meter-long and 13-meter-wide floating object along the southern corridor missing Malaysia Airlines Flight MH370 might have taken. Malaysian acting Transport Minister Hishammuddin Hussein, who placed the size of the object at 22 meters by 30 meters at a press conference, later corrected his statement. Photo: Xinhua / State Administration of Science, Technology and Industry for National Defense

The Chinese embassy in Malaysia confirmed Saturday a Chinese satellite had spotted a floating object along the southern corridor missing Malaysia Airlines Flight MH370 might have taken.



The satellite images, which China's State Administration of Science, Technology and Industry for National Defense said were taken Tuesday, show that the 22-meter-long, 13-meter-wide object was about 120 km southwest of suspicious debris, one of which was of similar size, captured by an American satellite two days earlier and announced by Australian authorities Thursday.

Malaysian acting Transport Minister Hishammuddin Hussein put the size of the object at 22 meters by 30 meters at a press conference, but later corrected his statement.

Australia's acting prime minister Warren Truss said Saturday the suspicious objects remained "the best lead" in the massive search for the missing flight.

The objects might have either drifted or sunk, but "if there's something to be found, I'm confident this search will find it," Truss told a press conference.

The hunt would continue "indefinitely" until "we are absolutely satisfied that further searching would be futile," he said. "That day is not in sight."

In response to Xinhua queries, he said there were many explanations for the satellite images provided by the Australian Maritime Safety Authority (AMSA) but they remained "a very credible lead."

What Australia needed to do now was exert all possible efforts to search for the missing plane, he told Xinhua.

On Thursday, Australian Prime Minister Tony Abbott said the Australian satellite had spotted two objects, one 24 meters long, in the southern Indian Ocean possibly related to the Boeing 777 aircraft which disappeared early March 8 while carrying 239 people from Kuala Lumpur to Beijing.

The discovery led the multinational search forces to focus on a 36,000-square-km sea area about 2,500 km southwest of Perth, but so far there have been no findings of note.

Meanwhile, two Ilyushin Il-76 aircraft from the Chinese Air Force left Malaysia on Saturday for Australia to join the search in the southern Indian Ocean.

With Australian and New Zealand airforce P3 Orions limited by the vast distances and their dependence on infrared imaging, the Chinese IL-76 will be a welcome relief to the authorities here as the challenges of the task at hand begin to overwhelm available resources.

Commander Liu Dianjun told Xinhua he hoped the integration of Chinese military assets could precipitate a swift conclusion to the agonizing international search.

A Malaysian military official said the arrival of the Chinese aircraft beefed up the assets deployed for the search and rescue operation and boosted confidence of all the staff from different countries involved in the operation.

Truss also said the same day the arrival of Chinese military aircraft had provided a glimmer of hope.

A Chinese joint working group also paid two visits to family members of Chinese passengers on Saturday and Wednesday.

Guo Shaochun, head of the Chinese task force, said two weeks had passed since flight MH370 went missing and they were as anxious as the family members about what happened to the passengers.

Guo said the Chinese government attached great importance to coordinating support with Malaysia for the family members, and the Malaysian authorities said they would always be responsible.

"Please be at ease and take good care of yourselves, whether staying in Malaysia or leaving the country, your choice will be respected," he said.

Family members said their major concern was to find their loved ones, and they hoped Malaysia would keep them posted about any findings and intensify search and investigation efforts.

Meanwhile, the Indian government told Malaysian investigators it had found no evidence the missing jet flew through its airspace after checking its radar records, local media reported Saturday.

India's response is crucial, as any of their radar data could help identify whether the jet turned north or south after disappearing off radar, but the issue is also sensitive because of the presence of military radar. - Xinhua

Chinese vessels divert to southern Indian Ocean

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