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Posts Tagged ‘territory disputes’

On China’s 9-Dashed Line and Why the Arbitrational Tribunal in Hague Should Dismiss Philippine’s Case Against China

December 16th, 2014 9 comments

December 15 was the deadline the Arbitration Tribunal for Philippine’s “arbitration” of its S. China Sea disputes with China had set for China to respond to Philippine’s claims under the UNCLOS.  According to this VOA report:

Monday is the deadline for China to submit a counter-argument in the Philippines arbitration case that questions China’s sweeping claims in the South China Sea. But China shuns arbitration and will not respond, while challenges to its position continue to mount.

Just days before the December 15 deadline, Vietnam Foreign Ministry spokesman Le Hai Bin said his government told the Permanent Court of Arbitration that Vietnam fully rejected “China’s claim over the Hoang Sa [Paracel] and Truong Sa [Spratly] archipelagoes and the adjacent waters.”

In a statement, the Philippines called Vietnam’s position “helpful in terms of promoting the rule of law and in finding peaceful and nonviolent solutions to the South China Sea claims.”

But China’s Foreign Ministry urged Vietnam “to earnestly respect China’s territorial sovereignty and maritime rights and interests.” The ministry reiterated China’s position that the tribunal does not have jurisdiction over the case.

In a paper Beijing released a week ago, China argued the Philippines was essentially taking a territorial dispute to the tribunal and that the question of territorial sovereignty was not something addressed by the United Nations Convention on the Law of the Sea.

Philippine Foreign Affairs Spokesman Charles Jose said his government has “taken note” of the position paper.

I had done some research and written an article on the subject earlier this year.  The plan was to publish it somewhere with Eric’s help, and through Guancha’s affiliates. However, by the time I finished, in mid-late August, the S. China Sea issue had drifted from the main media attention and Eric thought it was best to wait.

As it turned out, the “news” would not focus on S. China Sea again this year (fortunately), as the West attention seems to be focused now on ISIS, Ukraine, Russia, and Japan and Europe’s continuing economic problems…

If the news flare up again, I will see about writing something pertinent to that occasion.  But for now, I think it’s too much of a waste to just let my research this year lie dormant.  So below is my paper.   It might seem long and dense because it’s meant to address all the major legal arguments I hear Philippines officials and Western anti-China “legalists” publicly making.  I hope it’s educational for all here. If people have any feedback, I welcome them.  They will only make our position – and my future articles (if they are needed) – that much stronger.

Obama Asia tour: US-Japan treaty ‘covers disputed islands’ – A Case of Dipping into One’s Savings to Live Large?

April 25th, 2014 4 comments
Obama makes toast to Emperor and Empress of Japan

Obama makes toast to Emperor and Empress of Japan

It’s never good to dip into one’s savings just to live large.  Gluttony and largess – when one can ill afford it – is foolish … and a sign of decadence.  To me, the U.S. so-called pivot to Asia – emblemized by President Obama’s trip to Japan – represents just that.

The New York Times – even with its usual spin PR in over-drive – already calls the trip a “setback.”  In an article titled “Obama Suffers Setbacks in Japan and the Mideast,” the Times reported:

TOKYO — President Obama encountered setbacks to two of his most cherished foreign-policy projects on Thursday, as he failed to achieve a trade deal that undergirds his strategic pivot to Asia and the Middle East peace process suffered a potentially irreparable breakdown.

Mr. Obama had hoped to use his visit here to announce an agreement under which Japan would open its markets in rice, beef, poultry and pork, a critical step toward the trade pact. But Prime Minister Shinzo Abe was not able to overcome entrenched resistance from Japan’s farmers in time for the president’s visit.

This trip was supposed to show that the U.S. is back – and that the pivot is back on track.  Yet, on the Washington Post, you will not see any article on Obama’s Japan trip on the top (home) page.  On New York Times Home Page, you see just one (the one linked above) – with that one lamenting the visit’s failure.

If the “pivot” is back, it seems hard to tell.  The U.S. seems distracted by other world events in Middle East Ukraine. Read more…