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Posts Tagged ‘unclos’

Fakes News Alert: U.S. Challenges Chinese “Excessive” Maritime Claims by Exercising ‘Freedom of navigation’ near Meiji Jiao (Mischief Reef)

May 24th, 2017 1 comment

This site was created to counter Western media bias – propaganda – or “Fake News” using today’s vernacular – about China.  Here is another one.

Wall Street Journal recently reports that the U.S. Navy has just Conducted its First South China Sea Navigation Operation Under President Trump, and that such ‘Freedom of navigation’ patrols represent a direct challenge by the U.S. to China’s excessive maritime claims.

This appears to be another bull shit, moronic piece of propaganda from Western news establishments. Read more…

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…

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.

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…

Philippines, China, UNCLOS and the South China Seas

April 17th, 2012 98 comments

Recently, we hear a growing chorus how the China – Philippines dispute in the South China Seas ought to be settled by binding arbitration under the United Nations Convention on the Law of the Sea (UNCLOS). 1 We already have dealt with some of the political dimensions of this (see, e.g., our South China Seas tag), and I won’t rehash them here. But I do want to bring up a couple of points that seem lost in the current fray. Read more…