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Posts Tagged ‘international law’

Involvement of Any Third Party in The South China Sea is Counter Productive

December 13th, 2015 2 comments

I am writing this article as a follow on to Allen’s post “Who Is Really Overstepping the Bounds of International Law in the South China Sea?

International law is defined by consensus but ultimately decided by “reality on the ground”. Each claimant nation of South China Sea island should have absolute faith and belief in their position before submitting any claim. That is not wrong. However, each nation should be realistic. To have the notion that “my claim is more legitimate than your claim” is counter productive. And to have this illusion that somehow “world opinion” is backing your claim make it even more laughable. Read more…

Who Is Really Overstepping the Bounds of International Law in the South China Sea?

December 10th, 2015 1 comment
The Hague via peopleint.files.wordpress.com/2012/07

The Hague via peopleint.files.wordpress.com/2012/07

[Editor’s Note: This is a cross-post of an article I submitted to the Diplomat a few weeks ago.  I am wrapping up a more detailed legal analysis of the issues  and aim to make it a law review article.  I will cross-post here too that once that has been submitted and accepted.]

When the Permanent Court of Arbitration in The Hague recently announced that it would take “jurisdiction” over Philippines’ arbitral claims against China, many reported the decision as a victory for the Philippines and as a triumph of the “rule of law.” I beg to differ. The Court, on the contrary, has muddled, not upheld, international law, and by trivializing the states’ duty to negotiate in good faith – as enshrined in the U.N. charter, stipulated in the UNCLOS, and specifically agreed to between the parties – has greatly damaged the prospect for peace, cooperation, and a final resolution of the disputes. Read more…

Why Asia Should Say No to Mr. Abe’s Vision of International Law for Asia

June 25th, 2014 2 comments

Japanese Prime Minister Shinzo Abe[Editor’s note: the English version of post was first posted on Huffington Post and can be found here; and the Chinese version can be found on Guancha.cn here]

SHANGHAI — A few weeks ago at the Shangri-La Dialogue in Singapore, Shinzo Abe made a bold pitch to Asia to buy in on a new type of Japanese leadership. According to Mr. Abe, the peace that is at the foundation of the Asia Pacific’s unprecedented growth can no longer be guaranteed. Without naming China by name, Mr. Abe warns of a new danger that looms on the horizon. The Asia Pacific needs Japanese leadership and a new affirmation of “international law.”

These are heavy words for uncertain times. But should Asia buy in? In his speech, Mr. Abe talked extensively about The United Nations Convention on the Law of the Sea and the freedom of navigation in the South China Sea, declaring his government’s strong support of the Philippines and Vietnam in their claims against China.

From China’s view, this was a provocative and dangerous articulation of law. China has never taken any actions or made any claims in the South China Sea that limits the freedom of passage. That is made abundantly clear with China’s ratification of the UNCLOS in 1982 and its signing of the Declaration on the Conduct of Parties in the South China Sea in 2002 reaffirming its “respect for and commitment to the freedom of navigation in and overflight above the South China Sea.” Read more…