South China Sea Forum
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Before the “sensitive” moment, China exerts its 'muscle"
Updated at Wednesday, 29 Jun 2016, 17:14
The Hanoitimes - China`s motive since the Philippines promoted legal solutions to the East Sea dispute, is to focus on developing its "muscle power" to assert sovereignty in the field.
A vessel in the area where China builds an artificial island at the Chau Vien (Cuarteron) Reef on October 4th, 2014. Photo: Asahi Shimbun
Last week 180 delegates from Asian and European countries discussed marine security at a conference themed “Marine security and development: International cooperation and European-Asian experience sharing” in Ha Long city, Quang Ninh province.
During the 2-day conference, delegates discussed ways to enhance cooperation in dealing with marine security issues and affirmed the need to foster cooperation, amidst the escalation of strategic competition between countries. They also talked about the upcoming ruling by the Permanent Court of Arbitration (PCA) on the "East Sea case" as well as the reaction of the parties involved.
On this issue, VietNamNet would like to introduce the following analysis.
China’s ignorance and use of "muscle"
Recently at the Shangri-La Dialogue 2016, US Defense Secretary Ash Carter acknowledged that the upcoming decision of the PCA about the East Sea case is an opportunity for China and the countries in the region to re-commit the principles of behavior, to show a new foreign policy, and to reduce conflict. The legal path and the other mechanism for resolving conflicts through peaceful negotiation and dialogue are the shortest way to promote security and to address the security issues globally, especially in Asia - Pacific.
Meanwhile, China's attitude to the upcoming verdict of the PCA is completely contrary. Also at Shangrila Dialogue, Admiral Sun Jianguo, deputy chief of general staff of the Chinese People’s Liberation Army, emphasized that China would not accept the decision made by PCA on the East Sea case.
“On the one hand, we have noticed that some countries apply international laws only when it is convenient. On the other hand, they support allies confronting China,” Sun said. “China firmly opposes such behavior…. We do not make trouble, but we have no fear of trouble."
The two statements represented entirely conflicting stances in approach to the East Sea dispute and they were watched very carefully by the international community.
This is the "sensitive" moment as the time for the PCA to make the decision on the East Sea case against China lodged by the Philippines is coming. Most of the delegates to the Shangri-La Dialogue 2016 paid attention to every move and of Beijing, such as rumors on the decision on the establishment of the ADIZ (Air Defense Identification Zone) in the East Sea as a response to the decision of the PCA.
These moves strengthen the trend that has been developed over the past three years: Since the Philippines promoted the legal process against China, this country has ignored it, focused on its "strength" - developing "muscles" to assert sovereignty in the field.
According to Prof. Carlyle A. Thayer (University of New South Wales, Australia) there are four main motives for China’s construction of artificial islands in the East Sea in recent times: rising nationalism, aquatic resources, mineral resources, and strategic geographical location.
He said that the favorable geopolitical position is the most important reason, because China is trying to deal with the rebalancing strategy of the Obama administration in the Asia - Pacific. Accordingly, China wants to assert sovereignty over the East Sea to ensure maritime communications and avoid the risk of interference from the south by the US Navy and Air Force in the future.
In contrast, the US strategy, as Dr. Patrick Cronin (American Institute for New Security Policy Studies) told the International Conference on the East Sea dispute at Yale University last May, includes five key elements, which are the catalyst and decisive determinants for the foreign policy of the United States in the East Sea in the coming time. They are: (1) closely linked with the re-balance policy in the Asia - Pacific region; (2) bilateral relationship between the US and China; (3) decisive role of the next president of the US on the US participation; (4) the strategy carried out comprehensively, not just limited to the political-diplomatic field, but also the economic, commercial areas and international law; (5) ensuring US interests in the region.
The choices of ASEAN
The choices of the two powers will force ASEAN to make its own choice. William Choong, a Shangri-La Dialogue Senior Fellow at the the International Institute for Strategic Studies, which organises the Shangri-La Dialogue, in his presentation at the Shangri-La Dialogue 2016, mentioned the response of ASEAN states before the PCA’s decision.
He said that if the ASEAN countries cannot release a joint statement supporting the PCA’s decision, China will become a hands-free in the East Sea issue. At that time China can claim the ADIZ in retaliation for the verdict of the PCA and the US patrol for freedom of navigation in the East Sea. It's one of the scripts that ASEAN countries should take into account when tensions escalate resulting in China’s "retaliation" on the economy and diplomacy.
On the other hand, the change of strategic environment is necessary for ASEAN to promote the protection of international law in the region.
Jeremy Lagelee, from the Faculty of Law, Georgetown University* raised a number of legal ideas that ASEAN should take into account after the PCA’s decision. The case between the Philippines and China also pointed out opportunities and challenges for ASEAN countries when choosing a bilateral solution.
Lagelee mentioned successful cases at the arbitration court when the case is beyond the bilateral framework, such as the collaboration between New Zealand and Australia to sue Japan on fishing in 1999, thereby encouraging ASEAN countries to find a common voice in the East Sea issue.
He suggested the new approach in the East Sea dispute resolution, such as the ability to expand to a third party (in order to protect freedom of navigation - FONOP), or non-state actors, in order to shift territorial disputes to judicial conflict resolution mechanisms, such as the law governing conflicts between enterprises - state, or the law protecting investors. Thereby, ASEAN on one side reaffirms its stance on the East Sea issue and on the other hand it is a way for the bloc to respond to the criticisms of the loss of its importance and role in regional security issues.
At the International Conference on East Sea disputes at Yale University in May, Dr. Ta Van Tai (Harvard University) said that Vietnam was and will always give priority to the legal path. Accordingly, the rights of Vietnam on the islands and archipelagos in the East Sea are entirely based on the legal practices in line with international law.
In the exclusive economic zone (EEZ) and the continental shelf, the fishing rights, exploitation of natural resources, environmental issues and maritime traffic of Vietnam are ensured by the UN Convention on the Law of the Sea 1982 (UNCLOS) .
He also rejected the ADIZ set by China in the East Sea, because it is the right of self-defense that is only deployed on the legal territory of a country. In addition, Vietnam can be based on the oil rig crisis in 2014 to enrich the record of the case in the future, and it should seek further assistance from the International Court of Justice (ICJ), the Arbitration Court of the international Convention on the Law of the Sea, and the UN.
Vietnamnet
Updated at Wednesday, 29 Jun 2016, 17:14
The Hanoitimes - China`s motive since the Philippines promoted legal solutions to the East Sea dispute, is to focus on developing its "muscle power" to assert sovereignty in the field.
A vessel in the area where China builds an artificial island at the Chau Vien (Cuarteron) Reef on October 4th, 2014. Photo: Asahi Shimbun
Last week 180 delegates from Asian and European countries discussed marine security at a conference themed “Marine security and development: International cooperation and European-Asian experience sharing” in Ha Long city, Quang Ninh province.
During the 2-day conference, delegates discussed ways to enhance cooperation in dealing with marine security issues and affirmed the need to foster cooperation, amidst the escalation of strategic competition between countries. They also talked about the upcoming ruling by the Permanent Court of Arbitration (PCA) on the "East Sea case" as well as the reaction of the parties involved.
On this issue, VietNamNet would like to introduce the following analysis.
China’s ignorance and use of "muscle"
Recently at the Shangri-La Dialogue 2016, US Defense Secretary Ash Carter acknowledged that the upcoming decision of the PCA about the East Sea case is an opportunity for China and the countries in the region to re-commit the principles of behavior, to show a new foreign policy, and to reduce conflict. The legal path and the other mechanism for resolving conflicts through peaceful negotiation and dialogue are the shortest way to promote security and to address the security issues globally, especially in Asia - Pacific.
Meanwhile, China's attitude to the upcoming verdict of the PCA is completely contrary. Also at Shangrila Dialogue, Admiral Sun Jianguo, deputy chief of general staff of the Chinese People’s Liberation Army, emphasized that China would not accept the decision made by PCA on the East Sea case.
“On the one hand, we have noticed that some countries apply international laws only when it is convenient. On the other hand, they support allies confronting China,” Sun said. “China firmly opposes such behavior…. We do not make trouble, but we have no fear of trouble."
The two statements represented entirely conflicting stances in approach to the East Sea dispute and they were watched very carefully by the international community.
This is the "sensitive" moment as the time for the PCA to make the decision on the East Sea case against China lodged by the Philippines is coming. Most of the delegates to the Shangri-La Dialogue 2016 paid attention to every move and of Beijing, such as rumors on the decision on the establishment of the ADIZ (Air Defense Identification Zone) in the East Sea as a response to the decision of the PCA.
These moves strengthen the trend that has been developed over the past three years: Since the Philippines promoted the legal process against China, this country has ignored it, focused on its "strength" - developing "muscles" to assert sovereignty in the field.
According to Prof. Carlyle A. Thayer (University of New South Wales, Australia) there are four main motives for China’s construction of artificial islands in the East Sea in recent times: rising nationalism, aquatic resources, mineral resources, and strategic geographical location.
He said that the favorable geopolitical position is the most important reason, because China is trying to deal with the rebalancing strategy of the Obama administration in the Asia - Pacific. Accordingly, China wants to assert sovereignty over the East Sea to ensure maritime communications and avoid the risk of interference from the south by the US Navy and Air Force in the future.
In contrast, the US strategy, as Dr. Patrick Cronin (American Institute for New Security Policy Studies) told the International Conference on the East Sea dispute at Yale University last May, includes five key elements, which are the catalyst and decisive determinants for the foreign policy of the United States in the East Sea in the coming time. They are: (1) closely linked with the re-balance policy in the Asia - Pacific region; (2) bilateral relationship between the US and China; (3) decisive role of the next president of the US on the US participation; (4) the strategy carried out comprehensively, not just limited to the political-diplomatic field, but also the economic, commercial areas and international law; (5) ensuring US interests in the region.
The choices of ASEAN
The choices of the two powers will force ASEAN to make its own choice. William Choong, a Shangri-La Dialogue Senior Fellow at the the International Institute for Strategic Studies, which organises the Shangri-La Dialogue, in his presentation at the Shangri-La Dialogue 2016, mentioned the response of ASEAN states before the PCA’s decision.
He said that if the ASEAN countries cannot release a joint statement supporting the PCA’s decision, China will become a hands-free in the East Sea issue. At that time China can claim the ADIZ in retaliation for the verdict of the PCA and the US patrol for freedom of navigation in the East Sea. It's one of the scripts that ASEAN countries should take into account when tensions escalate resulting in China’s "retaliation" on the economy and diplomacy.
On the other hand, the change of strategic environment is necessary for ASEAN to promote the protection of international law in the region.
Jeremy Lagelee, from the Faculty of Law, Georgetown University* raised a number of legal ideas that ASEAN should take into account after the PCA’s decision. The case between the Philippines and China also pointed out opportunities and challenges for ASEAN countries when choosing a bilateral solution.
Lagelee mentioned successful cases at the arbitration court when the case is beyond the bilateral framework, such as the collaboration between New Zealand and Australia to sue Japan on fishing in 1999, thereby encouraging ASEAN countries to find a common voice in the East Sea issue.
He suggested the new approach in the East Sea dispute resolution, such as the ability to expand to a third party (in order to protect freedom of navigation - FONOP), or non-state actors, in order to shift territorial disputes to judicial conflict resolution mechanisms, such as the law governing conflicts between enterprises - state, or the law protecting investors. Thereby, ASEAN on one side reaffirms its stance on the East Sea issue and on the other hand it is a way for the bloc to respond to the criticisms of the loss of its importance and role in regional security issues.
At the International Conference on East Sea disputes at Yale University in May, Dr. Ta Van Tai (Harvard University) said that Vietnam was and will always give priority to the legal path. Accordingly, the rights of Vietnam on the islands and archipelagos in the East Sea are entirely based on the legal practices in line with international law.
In the exclusive economic zone (EEZ) and the continental shelf, the fishing rights, exploitation of natural resources, environmental issues and maritime traffic of Vietnam are ensured by the UN Convention on the Law of the Sea 1982 (UNCLOS) .
He also rejected the ADIZ set by China in the East Sea, because it is the right of self-defense that is only deployed on the legal territory of a country. In addition, Vietnam can be based on the oil rig crisis in 2014 to enrich the record of the case in the future, and it should seek further assistance from the International Court of Justice (ICJ), the Arbitration Court of the international Convention on the Law of the Sea, and the UN.
Vietnamnet
ahojunk
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Aha, another lighthouse on Meiji to start operation soon......
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Fifth lighthouse to shine on S. China Sea
2016-07-11 08:29 | China Daily | Editor: Wang Fan
China will start operation of its fifth lighthouse in the South China Sea soon, it was announced on Sunday.
Xu Ruqing, head of China's Maritime Safety Administration, said construction of the lighthouse on Meiji Reef is almost complete.
China started to build lighthouses in the South China Sea in May last year, with four now in use on Huayang, Chigua, Zhubi and Yongshu reefs. The most recent project went into operation on Yongshu Reef on June 25.
Speaking in Ningbo, Zhejiang province, at an event to mark China Maritime Day, Xu said all five lighthouses are 50 to 55 meters tall and are equipped with the Automatic Identification System, a tool used around the world for marine communication.
The system allows vessels in surrounding waters to receive up-to-date information and send messages to the lighthouses to ask for assistance, he said.
Xu said construction of the lighthouses reflects China's dedication to its responsibility of boosting navigational safety in the South China Sea, a critical maritime and trade corridor linking the Pacific and Indian oceans.
"The five lighthouses will work like the other 2,000 or so lighthouses in China's coastal regions, providing nonstop navigational services for maritime and rescue activities," he said.
Zheng Heping, another official with the administration, added that China will improve the construction of navigational facilities in the sea to improve its capacity for maritime rescue and environmental protection.
The administration will focus on placing beacons at key points of the main international channel in the South China Sea, double-checking data on water depth and meeting the navigational demands of ships, he said.
Li Wen, a beacon expert with more than 60 years' experience, said China has had to innovate to find ways to build lighthouses in areas of the sea that are usually too shallow for such structures.
China is fulfilling its responsibilities to ensure safety in the international navigation channel by setting up the lighthouses in the South China Sea, he said, adding that the international community will benefit from the facilities.
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Fifth lighthouse to shine on S. China Sea
2016-07-11 08:29 | China Daily | Editor: Wang Fan
China will start operation of its fifth lighthouse in the South China Sea soon, it was announced on Sunday.
Xu Ruqing, head of China's Maritime Safety Administration, said construction of the lighthouse on Meiji Reef is almost complete.
China started to build lighthouses in the South China Sea in May last year, with four now in use on Huayang, Chigua, Zhubi and Yongshu reefs. The most recent project went into operation on Yongshu Reef on June 25.
Speaking in Ningbo, Zhejiang province, at an event to mark China Maritime Day, Xu said all five lighthouses are 50 to 55 meters tall and are equipped with the Automatic Identification System, a tool used around the world for marine communication.
The system allows vessels in surrounding waters to receive up-to-date information and send messages to the lighthouses to ask for assistance, he said.
Xu said construction of the lighthouses reflects China's dedication to its responsibility of boosting navigational safety in the South China Sea, a critical maritime and trade corridor linking the Pacific and Indian oceans.
"The five lighthouses will work like the other 2,000 or so lighthouses in China's coastal regions, providing nonstop navigational services for maritime and rescue activities," he said.
Zheng Heping, another official with the administration, added that China will improve the construction of navigational facilities in the sea to improve its capacity for maritime rescue and environmental protection.
The administration will focus on placing beacons at key points of the main international channel in the South China Sea, double-checking data on water depth and meeting the navigational demands of ships, he said.
Li Wen, a beacon expert with more than 60 years' experience, said China has had to innovate to find ways to build lighthouses in areas of the sea that are usually too shallow for such structures.
China is fulfilling its responsibilities to ensure safety in the international navigation channel by setting up the lighthouses in the South China Sea, he said, adding that the international community will benefit from the facilities.
cochine
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Nguyen Dynasty (Vietnam) exercises national maritime sovereignty
Updated at Wednesday, 22 Jun 2016, 09:17
The Hanoitimes - The Nguyen Dynasty (1802-1945) delineated Vietnam’s territory spanning from the mainland to sea and islands, and continuously exercised the country’s maritime sovereignty.
Nguyen Dynasty exercises national maritime sovereignty, Government news, politic news, vietnamnet bridge, english news, Vietnam news, news Vietnam, vietnamnet news, Vietnam net news, Vietnam latest news, vn news, Vietnam breaking news.
A document dated on July 19, 1838 under reign of King Minh Mang to ask for tax exemption for ships on missions to Hoang Sa.
Aware that the sea and islands were an important part of Vietnam, the dynasty issued and implemented a string of policies on military, national defence, foreign affairs and economy regarding sea and islands in an effort to protect and exploit this area, according to Dr. Phan Thanh Hai, Director of the Hue Relics Preservation Centre.
Such policies focused on coastal defence, naval force development, patrol activities, rescue operations and combat piracy.
A document relating to the Hoang Sa (Paracel) archipelago compiled 250 years ago was preserved in the communal house of My Loi village, Vinh My commune, Phu Loc district, in the central province of Thua Thien-Hue.
The document reveals that the Nguyen Dynasty sent forces to protect the archipelago hundreds of years ago. It was then handed over to the Ministry of Foreign Affairs as evidence proving Vietnam’s sovereignty over the archipelago.
Foreign scholars recorded that in 1816, under the reign of King Gia Long (1802-1820), there were a total of 1,482 ships in the royal naval fleet, including 490 warships, 77 great warships and 66 European-style ships. King Gia Long’s warships carried up to 22 guns.
J. White, a US national who visited the shipyards of King Gia Long in Sai Gon Port many times, praised Vietnamese shipbuilding skills and described the materials and equipment aboard the warships.
Such shipyards, located in the northeastern part of Sai Gon (now Ho Chi Minh City), could compete with the best shipyards in Europe, he said.
King Gia Long’s descendant - King Minh Mang heeded learning from the shipbuilding techniques of other countries in order to improve the transport and combat capacity of the royal naval power.
The numbers of the naval force increased from 17,000 men during the reign of King Gia Long to 28,600 during the reign of King Minh Mang.
Thanks to the King’s due attention to exercises and maritime patrols, the naval force became strong in the region, which could meet both fighting and trading requirements at sea.
King Minh Mang also issued various policies on ship management, patrols, rescue operations and pirate combat.
In 1876, King Tu Duc formed a patrol troop divided into two groups in charge of defending the country’s sea waters and fighting pirates.
It can be said that the Nguyen Kings were well aware that the sea and islands were significant to the existence of the dynasty, as well as to national security and the whole people.
The Hoang Sa archipelago housed a Vietnamese meteorological station which operated from 1938 to 1947 and was internationally coded 48-860.
Under the Nguyen Dynasty, the archipelago belonged to Quang Ngai district, in the central province of Quang Nam. It then became part of Thua Thien province in 1938, and Quang Nam province’s Hoa Vang district in 1961. In 1982, the Vietnamese Government decided to establish Hoang Sa district in Quang Nam-Da Nang province, presently known as Hoang Sa district in Da Nang city.
In 1956, China occupied the eastern part of Vietnam’s Hoang Sa archipelago. In January 1974, the neighbouring country took advantage of the context that the Vietnamese army and people were focusing efforts on the war against US forces to gain control over the entire archipelago.
Clearly, Vietnam’s sovereignty over the Hoang Sa and Truong Sa (Spratly) archipelagoes was continuously and fully established and exercised without disputes.
http://www.hanoitimes.com.vn/news/m...asty-exercises-national-maritime-sovereignty/
Updated at Wednesday, 22 Jun 2016, 09:17
The Hanoitimes - The Nguyen Dynasty (1802-1945) delineated Vietnam’s territory spanning from the mainland to sea and islands, and continuously exercised the country’s maritime sovereignty.
Nguyen Dynasty exercises national maritime sovereignty, Government news, politic news, vietnamnet bridge, english news, Vietnam news, news Vietnam, vietnamnet news, Vietnam net news, Vietnam latest news, vn news, Vietnam breaking news.
A document dated on July 19, 1838 under reign of King Minh Mang to ask for tax exemption for ships on missions to Hoang Sa.
Aware that the sea and islands were an important part of Vietnam, the dynasty issued and implemented a string of policies on military, national defence, foreign affairs and economy regarding sea and islands in an effort to protect and exploit this area, according to Dr. Phan Thanh Hai, Director of the Hue Relics Preservation Centre.
Such policies focused on coastal defence, naval force development, patrol activities, rescue operations and combat piracy.
A document relating to the Hoang Sa (Paracel) archipelago compiled 250 years ago was preserved in the communal house of My Loi village, Vinh My commune, Phu Loc district, in the central province of Thua Thien-Hue.
The document reveals that the Nguyen Dynasty sent forces to protect the archipelago hundreds of years ago. It was then handed over to the Ministry of Foreign Affairs as evidence proving Vietnam’s sovereignty over the archipelago.
Foreign scholars recorded that in 1816, under the reign of King Gia Long (1802-1820), there were a total of 1,482 ships in the royal naval fleet, including 490 warships, 77 great warships and 66 European-style ships. King Gia Long’s warships carried up to 22 guns.
J. White, a US national who visited the shipyards of King Gia Long in Sai Gon Port many times, praised Vietnamese shipbuilding skills and described the materials and equipment aboard the warships.
Such shipyards, located in the northeastern part of Sai Gon (now Ho Chi Minh City), could compete with the best shipyards in Europe, he said.
King Gia Long’s descendant - King Minh Mang heeded learning from the shipbuilding techniques of other countries in order to improve the transport and combat capacity of the royal naval power.
The numbers of the naval force increased from 17,000 men during the reign of King Gia Long to 28,600 during the reign of King Minh Mang.
Thanks to the King’s due attention to exercises and maritime patrols, the naval force became strong in the region, which could meet both fighting and trading requirements at sea.
King Minh Mang also issued various policies on ship management, patrols, rescue operations and pirate combat.
In 1876, King Tu Duc formed a patrol troop divided into two groups in charge of defending the country’s sea waters and fighting pirates.
It can be said that the Nguyen Kings were well aware that the sea and islands were significant to the existence of the dynasty, as well as to national security and the whole people.
The Hoang Sa archipelago housed a Vietnamese meteorological station which operated from 1938 to 1947 and was internationally coded 48-860.
Under the Nguyen Dynasty, the archipelago belonged to Quang Ngai district, in the central province of Quang Nam. It then became part of Thua Thien province in 1938, and Quang Nam province’s Hoa Vang district in 1961. In 1982, the Vietnamese Government decided to establish Hoang Sa district in Quang Nam-Da Nang province, presently known as Hoang Sa district in Da Nang city.
In 1956, China occupied the eastern part of Vietnam’s Hoang Sa archipelago. In January 1974, the neighbouring country took advantage of the context that the Vietnamese army and people were focusing efforts on the war against US forces to gain control over the entire archipelago.
Clearly, Vietnam’s sovereignty over the Hoang Sa and Truong Sa (Spratly) archipelagoes was continuously and fully established and exercised without disputes.
http://www.hanoitimes.com.vn/news/m...asty-exercises-national-maritime-sovereignty/
ahojunk
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Eco-protection in South China Sea: Sansha City gets creative for eco-friendly islands
CCTV News
Published on 10 Jul 2016
China established Sansha City four years ago to strengthen its foothold in the South China Sea. The city is getting creative to make the islands greener. CCTV’s reporter Han Bin went to one of the islands in the Xisha Islands, known as the Paracels. He looked at the marine environment and the fishermen who relied on the coral reefs to make a living.
ahojunk
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South China Sea arbitration to set "serious, wrong and bad example": Chinese ambassador
2016-07-09 14:38 | Xinhua | Editor: Huang Mingrui
The South China Sea arbitration unilaterally initiated by the Philippines will set a "serious, wrong, and bad example" if it is allowed to go through, Chinese Ambassador to Britain Liu Xiaoming said.
In a recent interview with Reuters, Liu said China will not participate in the arbitration and China believes it is illegal for a tribunal to handle this case.
"The Philippines' arbitration case is against UNCLOS (the United Nations Convention on the Law of the Sea), because sovereignty and territorial disputes are not under the jurisdiction of UNCLOS," Liu stressed.
Liu noted that China, like 30 other countries, made a declaration in 2006 that it will not take part in third party arbitration when it comes to maritime delimitation.
"UK is one of the 30 countries. UNCLOS provides that sovereign countries have their sovereign right to make these declarations on optional exceptions," he explained.
China has always called for bilateral consultation and negotiations with neighboring countries, including the Philippines, when it comes to maritime disputes, the Chinese envoy said.
There had been a series of statements between China and the Philippines on how to resolve disputes before 2013 when the Philippines submitted its arbitration case.
"In our view, the Philippines have turned their back on their promise and that is against international practice. Once agreed, you have to follow your commitment," he said in the interview.
According to UNCLOS, Liu said, arbitration is only a supplementary means to resolve disputes, and bilateral channels are regarded as the main means to resolve a dispute between countries.
"The Philippines had never come to China to talk about this arbitration. And China and the Philippines had never had serious negotiations on this subject back then," he elaborated.
UNCLOS provides that a compulsory arbitration will not be resorted to settle a dispute between countries unless all bilateral channels are exhausted.
If this arbitration goes through, it "is against the spirit of UNCLOS," and will "set a serious, wrong and bad example," said Liu, adding that British and Dutch experts on the Law of the Sea shared the same concern with Chinese legal experts.
"Some people try to label China as not respecting international law if we reject this arbitration. But that is totally wrong. What China is doing is exactly safeguarding the authority and seriousness of international law, safeguarding the letter and spirit of UNCLOS," he told Reuters.
No matter what decision this tribunal is going to make, "it has no impact on China and China's sovereignty over these islands and reefs will not be bound by it," Liu argued.
"We will not fight in the court, but we will certainly fight for our sovereignty," he stressed.
Citing China's record in resolving territorial disputes with its neighbors, Liu reiterated that the door remains open for the Philippines to return to bilateral negotiations with China.
"The Philippines, they can put forward their proposals. And we can have our proposals and we'll meet half way. Any negotiation is a process of compromise."
"Now they have elected a new government. We do hope that they will change their course, return to the negotiation table," said the diplomat.
In the interview, Liu also slammed the U.S. "rebalancing in the Asia Pacific," voicing suspicion over American motives.
"I think the American move in the Asia Pacific emboldened those countries to change the traditional channel of negotiation with China," making them believe in "a better deal with China" via U.S. help, he said.
Describing U.S. "freedom of navigation" claims as a false argument, the ambassador said the situation in the South China Sea is calm and peaceful with no reason for military involvement from an outside power at all.
"What they are doing is not for safeguarding free navigation," Liu said. "They are there to challenge China's sovereignty over the islands and reefs. And they make a dangerous provocation. China has a legitimate right to check what they are doing."
2016-07-09 14:38 | Xinhua | Editor: Huang Mingrui
The South China Sea arbitration unilaterally initiated by the Philippines will set a "serious, wrong, and bad example" if it is allowed to go through, Chinese Ambassador to Britain Liu Xiaoming said.
In a recent interview with Reuters, Liu said China will not participate in the arbitration and China believes it is illegal for a tribunal to handle this case.
"The Philippines' arbitration case is against UNCLOS (the United Nations Convention on the Law of the Sea), because sovereignty and territorial disputes are not under the jurisdiction of UNCLOS," Liu stressed.
Liu noted that China, like 30 other countries, made a declaration in 2006 that it will not take part in third party arbitration when it comes to maritime delimitation.
"UK is one of the 30 countries. UNCLOS provides that sovereign countries have their sovereign right to make these declarations on optional exceptions," he explained.
China has always called for bilateral consultation and negotiations with neighboring countries, including the Philippines, when it comes to maritime disputes, the Chinese envoy said.
There had been a series of statements between China and the Philippines on how to resolve disputes before 2013 when the Philippines submitted its arbitration case.
"In our view, the Philippines have turned their back on their promise and that is against international practice. Once agreed, you have to follow your commitment," he said in the interview.
According to UNCLOS, Liu said, arbitration is only a supplementary means to resolve disputes, and bilateral channels are regarded as the main means to resolve a dispute between countries.
"The Philippines had never come to China to talk about this arbitration. And China and the Philippines had never had serious negotiations on this subject back then," he elaborated.
UNCLOS provides that a compulsory arbitration will not be resorted to settle a dispute between countries unless all bilateral channels are exhausted.
If this arbitration goes through, it "is against the spirit of UNCLOS," and will "set a serious, wrong and bad example," said Liu, adding that British and Dutch experts on the Law of the Sea shared the same concern with Chinese legal experts.
"Some people try to label China as not respecting international law if we reject this arbitration. But that is totally wrong. What China is doing is exactly safeguarding the authority and seriousness of international law, safeguarding the letter and spirit of UNCLOS," he told Reuters.
No matter what decision this tribunal is going to make, "it has no impact on China and China's sovereignty over these islands and reefs will not be bound by it," Liu argued.
"We will not fight in the court, but we will certainly fight for our sovereignty," he stressed.
Citing China's record in resolving territorial disputes with its neighbors, Liu reiterated that the door remains open for the Philippines to return to bilateral negotiations with China.
"The Philippines, they can put forward their proposals. And we can have our proposals and we'll meet half way. Any negotiation is a process of compromise."
"Now they have elected a new government. We do hope that they will change their course, return to the negotiation table," said the diplomat.
In the interview, Liu also slammed the U.S. "rebalancing in the Asia Pacific," voicing suspicion over American motives.
"I think the American move in the Asia Pacific emboldened those countries to change the traditional channel of negotiation with China," making them believe in "a better deal with China" via U.S. help, he said.
Describing U.S. "freedom of navigation" claims as a false argument, the ambassador said the situation in the South China Sea is calm and peaceful with no reason for military involvement from an outside power at all.
"What they are doing is not for safeguarding free navigation," Liu said. "They are there to challenge China's sovereignty over the islands and reefs. And they make a dangerous provocation. China has a legitimate right to check what they are doing."
ahojunk
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South China Sea Issue ABC: Treaties proving China's sovereignty over South China Sea Islands
Updated: 2016-07-11 14:43
(chinadaily.com.cn)
After the Philippines filed a case in The Hague-based Permanent Court of Arbitration against China in the South China Sea dispute, Beijing has made it clear that it would neither participate in nor accept the ruling of the arbitral tribunal.
The dispute over the South China Sea was a small but very important segment of the quest for global dominance, said Ante Simonic, former Croatian ambassador to China.
"There is a new world order in the making and the center of tectonic movements are Asia and Pacific region. With all the regional disagreements and differences, there are opposed interests of the United States, the only superpower in the world and the global policeman, on the one side, the regional power China, on the other," he said.
"This dangerously tense and complex situation threatened not only safety of an extremely important maritime corridor but the peace and prosperity in the region, even the whole world," he said, "Therefore, all sides have to act in a wise, responsible and patient manner and gradually find a fair and long-term sustainable solution."
Updated: 2016-07-11 14:43
(chinadaily.com.cn)
After the Philippines filed a case in The Hague-based Permanent Court of Arbitration against China in the South China Sea dispute, Beijing has made it clear that it would neither participate in nor accept the ruling of the arbitral tribunal.
The dispute over the South China Sea was a small but very important segment of the quest for global dominance, said Ante Simonic, former Croatian ambassador to China.
"There is a new world order in the making and the center of tectonic movements are Asia and Pacific region. With all the regional disagreements and differences, there are opposed interests of the United States, the only superpower in the world and the global policeman, on the one side, the regional power China, on the other," he said.
"This dangerously tense and complex situation threatened not only safety of an extremely important maritime corridor but the peace and prosperity in the region, even the whole world," he said, "Therefore, all sides have to act in a wise, responsible and patient manner and gradually find a fair and long-term sustainable solution."
CAPRICORN-88
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Annam was merely a quasi-state witin the Chinese Empire.Observe the entire document was all written in Chinese.
cochine
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Observe the entire document was all written in Chinese.
Vietnam has kicked Chinese invaders from our land long time ago.
and here is the decision of PCA over the dispute. Nine dashed claim of China is illegal.
.
cochine
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Arbitral Tribunal rules on Philippine case against China
July 12, 2016 UPDATE PHILIPPINES World 0
The Arbitral Tribunal at the Permanent Court of Arbitration in the Peace Palace, The Hague, Netherlands has released its ruling on case filed by Philippines against China’s massive claims in South China Sea including West Philippine Sea which is the Philippines’ Exclusive Economic Zone.
The five-member Arbitral Tribunal, which handled Philippine case, is chaired by Judge Thomas A. Mensah of Ghana. Members are Judge Jean-Pierre Cot of France, Judge Stanislaw Pawlak of Poland, Professor Alfred Soons of the Netherlands, and Judge Rüdiger Wolfrum of Germany.
“The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’,” said in the Tribunal decision’s press release.
It added that certain sea areas in Spratly Islands are within the exclusive economic zone of the Philippines.
“Accordingly, the Tribunal concluded that none of the Spratly Islands is capable of generating extended maritime zones. The Tribunal also held that the Spratly Islands cannot generate maritime zones collectively as a unit. Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China,” added in the press release.
Artbitral Tribunal: China violated Philippines’ sovereign rights
July 12, 2016 UPDATE PHILIPPINES World 0
The Arbitral Tribunal at the Permanent Court of Arbitration in the Peace Palace, The Hague, Netherlands has released its ruling on case filed by Philippines against China’s massive claims in South China Sea including West Philippine Sea which is the Philippines’ Exclusive Economic Zone.
The five-member Arbitral Tribunal, which handled Philippine case, is chaired by Judge Thomas A. Mensah of Ghana. Members are Judge Jean-Pierre Cot of France, Judge Stanislaw Pawlak of Poland, Professor Alfred Soons of the Netherlands, and Judge Rüdiger Wolfrum of Germany.
“The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’,” said in the Tribunal decision’s press release.
It added that certain sea areas in Spratly Islands are within the exclusive economic zone of the Philippines.
“Accordingly, the Tribunal concluded that none of the Spratly Islands is capable of generating extended maritime zones. The Tribunal also held that the Spratly Islands cannot generate maritime zones collectively as a unit. Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China,” added in the press release.
Artbitral Tribunal: China violated Philippines’ sovereign rights
Taiwan rejects ruling on South China Sea island of Itu Aba
Reuters
Posted at Jul 12 2016 07:37 PM
Taiwan said Tuesday it does not accept a tribunal's ruling on the South China Sea, saying the decision on Itu Aba, Taipei's sole holding in the disputed Spratly Islands, had "seriously impaired" its territorial rights.
The arbitration court in The Hague ruled that China has no historic title over the waters of the South China Sea and that it has breached the sovereign rights of the Philippines with its actions there, infuriating a defiant Beijing.
Taiwan, formally known as the "Republic of China", is also a claimant in the South China Sea. The maps China bases its South China Sea claims on date to when Chiang Kai-shek's Nationalists ruled China before they fled to Taiwan in 1949 after losing a civil war to Mao Zedong's Communists.
Manila had challenged the legality of China's claims to virtually the entire South China Sea, in part by arguing that no reefs, atolls or islets in the Spratly archipelago can legally be considered an island, and therefore hold no rights to a 200 nautical mile (370 km) exclusive economic zone.
Itu Aba is the biggest feature in the Spratlys and the one some analysts believed had the strongest claim to island status and an economic zone. The Spratlys are also claimed by China, Vietnam and Malaysia while Brunei claims nearby waters.
(Reporting by J.R. Wu and Faith Hung; Editing by Nick Macfie)
http://uk.reuters.com/article/southchinasea-ruling-taiwan-idUKL4N19Y2TU
Reuters
Posted at Jul 12 2016 07:37 PM
Taiwan said Tuesday it does not accept a tribunal's ruling on the South China Sea, saying the decision on Itu Aba, Taipei's sole holding in the disputed Spratly Islands, had "seriously impaired" its territorial rights.
The arbitration court in The Hague ruled that China has no historic title over the waters of the South China Sea and that it has breached the sovereign rights of the Philippines with its actions there, infuriating a defiant Beijing.
Taiwan, formally known as the "Republic of China", is also a claimant in the South China Sea. The maps China bases its South China Sea claims on date to when Chiang Kai-shek's Nationalists ruled China before they fled to Taiwan in 1949 after losing a civil war to Mao Zedong's Communists.
Manila had challenged the legality of China's claims to virtually the entire South China Sea, in part by arguing that no reefs, atolls or islets in the Spratly archipelago can legally be considered an island, and therefore hold no rights to a 200 nautical mile (370 km) exclusive economic zone.
Itu Aba is the biggest feature in the Spratlys and the one some analysts believed had the strongest claim to island status and an economic zone. The Spratlys are also claimed by China, Vietnam and Malaysia while Brunei claims nearby waters.
(Reporting by J.R. Wu and Faith Hung; Editing by Nick Macfie)
http://uk.reuters.com/article/southchinasea-ruling-taiwan-idUKL4N19Y2TU
Devil Soul
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China reacts furiously after Arbitration Court rules against Beijing in South China Sea dispute
2 HOURS AGO BY AGENCIES
An international tribunal ruled on Tuesday against China’s claims it had “historical rights” in the South China Sea in a bitter dispute that risks further stoking regional tensions.
Manila ─ which had lodged the suit against Beijing ─ welcomed the decision by the Permanent Court of Arbitration (PCA) but Beijing reacted furiously, saying it “neither accepts nor recognises” the ruling.
Beijing claims most of the South China Sea, even waters approaching neighbouring countries, as its sovereign territory, basing its arguments on Chinese maps dating back to the 1940s marked with a so-called nine-dash line.
“The tribunal concluded that there was no legal basis for China to claim historic rights within the sea areas falling within the ‘nine-dash line’,” the Hague-based PCA said in its hard-hitting ruling.
It said Beijing had no historic rights to resources in South China Sea waters and that such rights were “extinguished” as being incompatible with exclusive economic zones provided for in the United Nations Convention on the Law of the Sea (UNClos), to which both countries are signatories.
“China had violated the Philippines’ sovereign rights in the exclusive economic zone by interfering with Philippine fishing and petroleum exploration, by constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone,” the PCA added.
The tribunal further ruled that the disputed Spratly islands “cannot generate maritime zones collectively as a unit” as claimed by China.
Tuesday’s judgement comes against the backdrop of frequent military brushes between China and its Asian neighbours the Philippines, Vietnam, Malaysia, Brunei and Taiwan, which ring the waters believed to hold untapped oil and gas reserves.
The tensions have also alarmed the US which has key defence treaties with many regional allies, and in a show of strength last week sent warships to patrol close to some of the reefs and islands claimed by China.
All eyes were watching for any possible reaction on the ground or in the water from the Asian political and military powerhouse after the foreign ministry swiftly denounced the decision.
“The award is null and void and has no binding force,” the Chinese foreign ministry said in a statement after the ruling.
Beijing has repeatedly denied the tribunal’s authority to rule on the dispute over the strategically vital region, and it refused the opportunity to defend its position in The Hague.
To bolster its position it has rapidly turned reefs into artificial islands capable of hosting military planes.
Beijing has held naval drills between the Paracels and the southern Chinese island of Hainan in recent days.
Richard Heydarian, a political analyst at De La Salle University in Manila, said the judgement was a “clean sweep” for the Philippines, with the court deciding that China had “violated prevailing international law on multiple levels”.
“China has been branded as an outlaw in unequivocal terms. US, Japan and other major powers should now focus on enforcing this binding verdict if China fails to comply,” he said.
The Philippines, which had lodged the suit in 2013, welcomed the “milestone decision”.
Foreign Secretary Perfecto Yasay said experts were studying the decision. “In the meantime, we call on all those concerned to exercise restraint and sobriety.”
The Philippine embassy in China has warned its citizens to beware of personal “threats” and avoid political debates.
Nationalist demonstrations are not rare in China, sometimes apparently with the tacit backing of authorities.
More than 20 Chinese police were positioned outside the embassy, with more in vans nearby ─ a significantly larger presence than usual ─ along with two lorries loaded with crowd control barriers, a possible indication that authorities expected protests.
Ahead of the decision, new Philippine President Rodrigo Duterte had signalled he did not want to antagonise China, saying he would not “taunt or flaunt” a favourable ruling and would seek a “soft landing” with China.
But Chinese President Xi Jinping said earlier this month that Beijing would never compromise on sovereignty, adding: “We are not afraid of trouble.”
China had sought diplomatic support around the world, and foreign ministry spokesman Lu Kang said its latest backers in the case included Angola, Madagascar and Papua New Guinea.
One of the key issues was whether the land features in the area are islands capable of supporting human habitation ─ which under UNCLOS are entitled to territorial waters and an exclusive economic zone ─ or rocks, which only have territorial waters, or low-tide elevations, which get neither.
“The ruling can reduce the scope of the South China Sea disputes, but will not solve them,” said analysts Yanmei Xie and Tim Johnston of the International Crisis Group in a report ahead of the decision.
The ruling was likely to “escalate the war of words”, they said, but added: “Escalation to military standoffs is not inevitable.”
http://www.pakistantoday.com.pk/201...s-against-beijing-in-south-china-sea-dispute/
2 HOURS AGO BY AGENCIES
An international tribunal ruled on Tuesday against China’s claims it had “historical rights” in the South China Sea in a bitter dispute that risks further stoking regional tensions.
Manila ─ which had lodged the suit against Beijing ─ welcomed the decision by the Permanent Court of Arbitration (PCA) but Beijing reacted furiously, saying it “neither accepts nor recognises” the ruling.
Beijing claims most of the South China Sea, even waters approaching neighbouring countries, as its sovereign territory, basing its arguments on Chinese maps dating back to the 1940s marked with a so-called nine-dash line.
“The tribunal concluded that there was no legal basis for China to claim historic rights within the sea areas falling within the ‘nine-dash line’,” the Hague-based PCA said in its hard-hitting ruling.
It said Beijing had no historic rights to resources in South China Sea waters and that such rights were “extinguished” as being incompatible with exclusive economic zones provided for in the United Nations Convention on the Law of the Sea (UNClos), to which both countries are signatories.
“China had violated the Philippines’ sovereign rights in the exclusive economic zone by interfering with Philippine fishing and petroleum exploration, by constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone,” the PCA added.
The tribunal further ruled that the disputed Spratly islands “cannot generate maritime zones collectively as a unit” as claimed by China.
Tuesday’s judgement comes against the backdrop of frequent military brushes between China and its Asian neighbours the Philippines, Vietnam, Malaysia, Brunei and Taiwan, which ring the waters believed to hold untapped oil and gas reserves.
The tensions have also alarmed the US which has key defence treaties with many regional allies, and in a show of strength last week sent warships to patrol close to some of the reefs and islands claimed by China.
All eyes were watching for any possible reaction on the ground or in the water from the Asian political and military powerhouse after the foreign ministry swiftly denounced the decision.
“The award is null and void and has no binding force,” the Chinese foreign ministry said in a statement after the ruling.
Beijing has repeatedly denied the tribunal’s authority to rule on the dispute over the strategically vital region, and it refused the opportunity to defend its position in The Hague.
To bolster its position it has rapidly turned reefs into artificial islands capable of hosting military planes.
Beijing has held naval drills between the Paracels and the southern Chinese island of Hainan in recent days.
Richard Heydarian, a political analyst at De La Salle University in Manila, said the judgement was a “clean sweep” for the Philippines, with the court deciding that China had “violated prevailing international law on multiple levels”.
“China has been branded as an outlaw in unequivocal terms. US, Japan and other major powers should now focus on enforcing this binding verdict if China fails to comply,” he said.
The Philippines, which had lodged the suit in 2013, welcomed the “milestone decision”.
Foreign Secretary Perfecto Yasay said experts were studying the decision. “In the meantime, we call on all those concerned to exercise restraint and sobriety.”
The Philippine embassy in China has warned its citizens to beware of personal “threats” and avoid political debates.
Nationalist demonstrations are not rare in China, sometimes apparently with the tacit backing of authorities.
More than 20 Chinese police were positioned outside the embassy, with more in vans nearby ─ a significantly larger presence than usual ─ along with two lorries loaded with crowd control barriers, a possible indication that authorities expected protests.
Ahead of the decision, new Philippine President Rodrigo Duterte had signalled he did not want to antagonise China, saying he would not “taunt or flaunt” a favourable ruling and would seek a “soft landing” with China.
But Chinese President Xi Jinping said earlier this month that Beijing would never compromise on sovereignty, adding: “We are not afraid of trouble.”
China had sought diplomatic support around the world, and foreign ministry spokesman Lu Kang said its latest backers in the case included Angola, Madagascar and Papua New Guinea.
One of the key issues was whether the land features in the area are islands capable of supporting human habitation ─ which under UNCLOS are entitled to territorial waters and an exclusive economic zone ─ or rocks, which only have territorial waters, or low-tide elevations, which get neither.
“The ruling can reduce the scope of the South China Sea disputes, but will not solve them,” said analysts Yanmei Xie and Tim Johnston of the International Crisis Group in a report ahead of the decision.
The ruling was likely to “escalate the war of words”, they said, but added: “Escalation to military standoffs is not inevitable.”
http://www.pakistantoday.com.pk/201...s-against-beijing-in-south-china-sea-dispute/
cochine
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