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Tuesday 19 July 2016

PLA Air Force conducts combat air patrol in South China Sea

Undated photo shows a Chinese H-6K bomber patrolling islands and reefs including Huangyan Dao in the South China Sea. The People's Liberation Army (PLA) Air Force conducted a combat air patrol in the South China Sea recently, which will become a "regular" practice in the future, said a military spokesperson on July 18, 2016. The PLA sent H-6K bombers and other aircraft including fighters, scouts and tankers to patrol islands and reefs including Huangyan Dao, said Shen Jinke, spokesman for the PLA Air Force. (Xinhua/Liu Rui)

China to make 'regular' air combat patrols over South China Sea

The People's Liberation Army (PLA) Air Force conducted a combat air patrol in the South China Sea recently, which will become a 'regular' practice in the future, said a military spokesperson on Monday. http://t.cn/Rtz9LNO


 https://youtu.be/EaSjEMenPr0

The People's Liberation Army (PLA) Air Force conducted a combat air patrol in the South China Sea recently, which will become a "regular" practice in the future, said a military spokesperson on Monday.

The PLA sent H-6K bombers and other aircraft including fighters, scouts and tankers to patrol islands and reefs including Huangyan Dao, said Shen Jinke, spokesman for the PLA Air Force.

During the mission, the aircraft carried out tasks including aerial scouting, air combat and island and reef patrol, fulfilling the patrol's objective, Shen said.

The Air Force aims to promote real combat training over the sea, improve combat abilities against various security threats and safeguard national sovereignty and security, according to the spokesperson.

"To effectively fulfill its mission, the air force will continue to conduct combat patrols on a regular basis in the South China Sea," he said.

Shen pointed out that the South China Sea Islands have been China's territory since ancient times, and China's rights and interests in relevant maritime areas should not be infringed upon.

"The PLA Air Force will firmly defend national sovereignty, security and maritime interests, safeguard regional peace and stability, and cope with various threats and challenges," he said.


Chinese naval commander urges more cooperation with US

The commander of the People's Liberation Army Navy Wu Shengli has stressed that China and the United States have key roles in ensuring peace and stability in the South China Sea, and cooperation between the navies of the two countries is 'the only correct option.'http://t.cn/Rtz9Mir

Wu made the remarks on Monday while meeting with his U.S. counterpart Admiral John Richardson and his delegation to discuss maritime security.

Describing the current security situation in waters around China as "complicated and sensitive" and noting the escalating South China Sea issue, Wu said Richardson's visit will be beneficial for the two countries to strengthen communication, promote trust, resolve doubts and avoid misjudgments.

"We will never sacrifice our sovereignty and interests in the South China Sea," Wu said, stressing that it is China's "core interest" and concerns the foundation of the Party's governance, the country's security and stability and the Chinese nation's basic interests.

Wu said that China will not recede over territorial sovereignty or fear any military provocation, which the Chinese navy is fully prepared to cope with.

"We will never stop our construction on the Nansha Islands halfway... the Nansha Islands are China's inherent territory, and our necessary construction on the islands is reasonable, justified and lawful," Wu said.

He stressed that "no matter what country or person applies pressure," China will push forward and complete island construction as planned.

According to Wu, China will never be caught off guard, and the number of its defense facilities is completely determined by the number of threats it faces.

Wu vowed that China will never give up its efforts to solve the South China Sea issue peacefully, despite "many negative factors at present," but also warned that "any attempt to force China to give in through flexing military muscles will only have the opposite effect."

Wu expressed his hope that the two countries' air and maritime forces fully follow the Code for Unplanned Encounters at Sea and the Rules of Behavior for the Safety of Air and Maritime Encounters to avoid strategic misjudgment or exchange of fire, and to jointly ensure the peace and stability of the South China Sea.

Wu called on the two sides to promote strategic mutual trust, seek common ground, expand the scope of cooperation and create new momentum for China and the United States to develop a new type of major-power relations between the two countries.


Wu: China won't halt construction in South China Sea

Admiral Wu Shengli, the Commander of the Chinese Navy, has held talks in Beijing with the US Chief of Naval Operations John Richardson, amid tensions in the South China Sea.

South China Sea arbitration award won't hamper China-ASEAN cooperation: experts

SINGAPORE, July 18, 2016 (Xinhua) -- Photo taken on July 18, 2016 shows the Think Tank Seminar on South China Sea and Regional Cooperation and Development held in Singapore. Organized by the Institute of Chinese Borderland Studies, Chinese Academy of Social Sciences, the seminar attracted more than 20 experts from academic institutes in China and countries in the region, including Singapore, Indonesia, Malaysia and India. (Xinhua/Then Chih Wey)

SINGAPORE, July 18 (Xinhua) -- The so-called South China Sea arbitration award will not hamper cooperation between China and the members of the Association of Southeast Asian Nations (ASEAN), experts said here on Monday.

The ad hoc arbitral tribunal in the South China Sea arbitration, set up at the unilateral request of the former Philippine government, last Tuesday issued an ill-founded award sweepingly sided with Manila, denying China's long-standing historic rights in the South China Sea.

China has refused to participate in the proceedings, reiterating that the tribunal has no jurisdiction over the case, which is in essence related to territorial sovereignty and maritime delimitation, and has also made clear that it neither accepts nor recognizes the award and the award "is null and void and has no binding force."

China has also reaffirmed that it will continue to endeavor to peacefully resolve disputes in the South China Sea with parties directly concerned through negotiation and consultation on the basis of respecting historical facts and in accordance with international law.

Nearly one week after the so-called award was rendered, more than 20 experts on international law and foreign relations from academic institutes in China and Southeast Asian countries including Thailand, Cambodia and Malaysia convened here Monday for the Think Tank Seminar on South China Sea and Regional Cooperation and Development, which was organized by the Institute of Chinese Borderland Studies, Chinese Academy of Social Sciences.

In a keynote speech at the seminar, Zhao Qizheng, former minister of China's State Council Information Office, reiterated that the ad hoc arbitral tribunal has no jurisdiction over the case.

Zhao said the Philippine tax payers' money was used for a pile of waste paper, blasting the tribunal for "taking big money to do dirty things" and describing its proceedings as "amateurish and unsightly, null and void."

Zhao's remarks were echoed by attendees, who also agreed with Zhao that the disputes can only be settled through dialogue and by deepening China-ASEAN ties.

Kong Lingjie, vice dean of China Institute of Boundary and Ocean Studies, China's Wuhan University, criticized the so-called arbitration, branding it as "a bold interpretation and ambitious development of article 123(1) of the United Nations Convention on the Law of the Sea (UNCLOS).

"The most absurd ruling was on the Taiping Island's status as a rock," said Kong, adding that the ruling would deny most of the Nansha Islands' rights to exclusive economic zones.

In this case, Kong said, the arbitration violated the international law and fabricated "an illegal definition of the distinction between islands and reefs."

Experts at the seminar also voiced support for the notion of bringing concerned parties involved in the South China Sea issue back to the negotiating table.

Zheng Yongnian, director of the East Asian Institute, National University of Singapore, said he believes that China and the Philippines should start the dialogue process to solve the dispute.

"It is not true that a great power has been bullying small countries," Zheng said, noting that certain countries in the region kowtow too much to the United States.

Zheng suggested that China and other concerned parties over the South China Sea issue could firstly initiate cooperation in maritime rescue efforts, fishery and protection of maritime resources.

At the one-day seminar, experts, in addition, all agreed that the arbitration would not impede the cooperation process between China and the ASEAN countries.

Li Guoqiang, deputy director of the Institute of Chinese Borderland Studies, told Xinhua in an exclusive interview on the sidelines of the seminar that there lies a huge potential for the development of China-ASEAN ties.

"With the strategic opportunity produced by China's 21st Century Maritime Silk Road initiative, the two sides are planning to upgrade their free trade agreement," Li said.

Zhao Qizheng, meanwhile, underscored the fact that China became ASEAN's biggest trade partner in 2009.

He said that despite the difficulties, including territorial disputes, the intervention of countries outside the region and the not well-established cooperation mechanism, the communication and cooperation between China and the ASEAN members has never ceased and has brought great benefits to all countries.

"It is beyond doubt that maintaining regional peace and stability, and keeping the momentum of cooperation and development is in the best interest of all," Zhao said.

- by Zhang Ning, Lin Hao Xinhua

Experts: 'Award' won't settle disputes

Nearly 30 legal and political experts from China and Southeast Asian countries have compared notes on the South China Sea arbitration case at a think-tank seminar in Singapore.

Biased award in South China Sea arbitration has no binding force: expert


SINGAPORE, July 18 (Xinhua) -- The biased award rendered by an arbitral tribunal in the South China Sea arbitration has no binding force as the ad hoc tribunal violated international law principles and standards, an expert said here on Monday.

Sienho Yee, chief expert at the Institute of Boundary and Ocean Studies of Wuhan University, said the arbitral tribunal adopted an excessively expansive interpretation of the jurisdictional grant, played a game of words, and distorted the text of the United Nations Convention on the Law of the Sea (UNCLOS).

The wrongful exercise by the tribunal did a substantial damage to the international rule of law, he said, adding that it had failed to consider and respect the limitations imposed by UNCLOS and China's intents and purposes in invoking its explicit right under the convention to exclude disputes concerning maritime delimitation and historic titles.

"It is manifestly clear that the tribunal abuses its power and as a result the award is null and avoid," he told Xinhua during a think tank seminar on South China Sea and regional cooperation and development.

Yee also pointed out that the arbitral award was not generally accepted, so they would be with no binding force.

"The large number of states supporting China's positions seems to show that the decisions of the tribunal are not generally acceptable and therefore are without binding force," he said.

The Chinese government said the ad hoc arbitral tribunal established at the unilateral request of the Philippines has no jurisdiction over relevant submissions, and the award rendered by it is null and void with no binding force.

The tribunal had exemplified the philosophy of "the end justifies the means" by excessively expansive interpretation of the jurisdictional grant and the sweeping final award, in a bid to exhibit its determination to settle any dispute that may exist in its view, while disregarding any other issues such as respect for the sovereignty of the states involved, said Yee.

"The danger of this philosophy to the effectiveness and legitimacy of the international legal system, international rule of law and the world order at large is clear, and we must guard against this danger," he said.

Unmasks manipulator behind South China Sea arbitration


Citing a survey from the Xinhua News Agency, a People’s Daily article has unmasked Shunji Yanai as a manipulator behind the null South China Sea arbitration.


Shunji Yanai (Photo: www.itlos.org)

Published on Monday, the article names Yanai, a Japanese diplomat and former president of the International Tribunal for the Law of the Sea (ITLOS), played a key role in the case. He appointed four of the five-member arbitral tribunal on the South China Sea case, the fifth appointed by the Philippines.

Yanai appointed the four members because China did not agree to the arbitration.

Rightist, hawkish, pro-American, unfriendly to China...these are the labels people often associate with Yanai, the article said. His closeness to Japanese Prime Minister Shinzo Abe is also no secret. Such an academic and political background also speaks for his political inclination during his tenure in the ITLOS.

Coming from a diplomatic family, Yanai entered the Japanese Foreign Ministry upon graduation in 1961, where he was involved in sensitive projects related to the Diaoyu Islands and the Japan-US security alliance.

But in 2001, he left the Foreign Ministry along with three other officials amid a series of embezzlement scandals within the ministry.

However Yanai, on recommendation of Japan despite his tainted record, became a judge of the ITLOS in 2005 and president of the organization from 2011 to 2014.

After the Philippines unilaterally initiated the arbitration case against China in 2013, a five-member arbitral tribunal was created by Yanai, the then president of the ITLOS.

The Basic Principles on the Independence of the Judiciary, adopted by the UN to better maintain justice, stipulated that the extra-judicial activities conducted by the judges and arbitrators should not contradict their work or impede the judicial process.

However, Yanai also served as a mastermind of the Japanese government on military actions and security policies when he worked for the ITLOS.

With close ties to Abe, Yunai served as chairman of an expert panel advising the prime minister on security laws. In May 2014, his panel presented a report to Abe, advising to revise the country's constitution and lift the ban on Japan sending its military overseas.

As a result, Japan, in 2015, ended its 70 years of pacifism by enacting controversial security laws that allow for Japan to dispatch troops overseas to engage in armed conflict.

As conflicts between China and Japan over the sovereignty and delimitation of the Diaoyu Islands increased in recent years, Yanai advocated to lift the ban on Japan sending its military overseas and expanding the Japan-US military alliance to gain a military edge.

Given the maritime conflicts and historical issues between China and Japan, as well as Yanai's political leanings, he is not the right person to engage in the South China Sea issue. Also, it is not surprising that Yanai generally chose arbitrators that were biased against China.

In addition, the Basic Principles on the Independence of the Judiciary also clarify that in exercising rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.

However, Yanai has a clear political position as a rightist. During his term on the private panel, he repeatedly told Japanese media that the country has not given up its right to collective self-defense as prescribed in their constitution.

In a program by the Japan Broadcasting Corporation, he also asked Japan to resort to the Japan-US Security Treaty for security assurance, claiming that the UN is useless in this regard, thus exposing his double-sided nature.

"From the results of the arbitration, people can see that it was conducted by a bunch of people who knew very little about South China Sea issues," said Motofumi Asai, a former official of the Japanese Foreign Ministry in charge of China affairs and a former colleague of Yanai.

"The arbitration was obviously conducted in accordance to the will of the Abe administration," he said.

All these facts prove that Yanai’s political background and leaning run counter to the Basic Principles on the Independence of the Judiciary. Yanai’s tribunal was flawed in both justice and validity from the very first day of its establishment, the article concluded. -  (People's Daily Online)

Related:  

Japan's interference makes summit unlikely

 

 Philippine media: Gov't spent $30 mln on arbitration

Philippine media report that the government spent 30 million US dollars on the South China Sea arbitration case over the past three and half years. Neither the Philippines nor the tribunal have given details of that spending. But we can get some idea from published charges and past tribunal fees.


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Monday 18 July 2016

China hardens after illegal tribunal ruling on South China Sea

In ignoring the verdict on the South China Sea, Beijing is following precedents by great powers as no permanent member of the UN Security Council has ever complied with a ruling by the Arbitral Tribunal on an issue involving the Law of the Sea.


Arbitration award

CHINA’S resolve on its sovereign claim to most of the South China Sea appears to harden after an international tribunal ruled against this new superpower in Asia.

On Tuesday, the international arbitratry at the Hague backed the Philippines’ argument that there was no legal basis for Beijing’s maritime claims.

The tribunal dismissed China’s vast claims in the vital waters, known to have vast oil and gas deposits.

From the start, China has insisted that it will ignore the tribunal decision.

It has also warned that increasing pressure on the issue could turn the resource-rich waters into a “cradle of war”.

Three days following the tribunal’s ruling, China’s state media reported that China may build mobile nuclear power plants in the South China Sea.

“China will soon start assembling its first maritime nuclear power platform and is expected to build 20 floating nuclear power stations in the future, which will largely beef up the power and water supplies on the South China Sea islands,” reported Global Times on Friday, citing China National Nuclear Cooperation (CNNC). (http://www.globaltimes.cn/content/994578.shtml)

The state-owned Global Times added that “marine nuclear power platforms will be used” in the islands and reefs of the Spratly chain in the internationally contested sea.

And two days before the tribunal announcement, China had enhanced its military presence under the directive of President Xi Jinping.

Meanwhile, Chinese Premier Li Keqiang told visiting Japanese Prime Minister Shinzo Abe that Tokyo should stop “hyping up and interfering” in the South China Sea issue, according to the official Xinhua News Agency.

Li: Tokyo must respect China's territorial sovereignty

 

https://youtu.be/HMP0a_ODVGU


Japan is not a state directly involved in the South China Sea issue, and thus should “exercise caution in its own words and deeds, and stop hyping up and interfering” in the issue, said Li.

Commenting on the decision of the tribunal in Hong Kong on Friday, a judge of the International Court of Justice (ICJ) said the award on the South China Sea arbitration had the effect of “pouring fuel on the flame”.

Xue Hanqin, while addressing a colloquium in Hong Kong, said: “Anyone can easily tell that this award will certainly aggregate the dispute between China and the Philippines, aggregate the current military tension between China and the US and definitely aggregate tension in the region.”

Indeed, countries in this region are keeping a close watch on the situation – paying particular attention to the actions of the United States, Japan and China.

The ruling of the tribunal – the legality and decision which has been questioned by academics from the East and West, has indeed caused an unprecedented level of tension in this part of the world since the Second World War.

This is despite the repeated assurance by China that it still prefers to resolve the disputes in the South China Sea via consultation and peaceful talks among the parties laying claims to the islands – which include Brunei, Malaysia, Vietnam and Taiwan.

To many analysts, the United States and Japan cannot turn away from the responsibility of instilling instability as both have in recent years provoked disputes with Beijing and challenged China’s sovereign claims to the South China Sea waters.

Indeed, China’s stand on not recognising the tribunal’s decision has won resounding support from commentators who know the history of the region.

China’s sovereignty over the islands and reefs in the South China Sea has been established in the course of history.

Until the 1930s, the United States had never regarded the South China Sea as part of the territory of the Philippines, according to professor of Political Science Peter Li of the University of Houston.

Li sees the tribunal’s award as “null and void”.

China’s rejection of and non-participation in the arbitration proceedings are in compliance with UNCLOS, which, adopted in the early 1980s, was not designed to settle territorial disputes.

Hence, arbitration over matters concerning the delineation of maritime boundaries is beyond the scope of the convention, Li opined.

The impartiality of the tribunal, headed by a Japanese, has also been questioned as it was biased from the start three years ago, he added.


https://youtu.be/yeXCM7WcFxo


 https://youtu.be/xBt7QizIAGg

The professor blamed the award for “putting regional peace at risk” as it will encourage other parties to the dispute to seek a similar approach to buttress their claims to the South China Sea.

“A worse scenario is that countries from outside the region (the US) shall impose themselves on the region, thus making a peaceful resolution of the dispute even more remote.”

And according to The Diplomat, in ignoring the verdict on the South China Sea, Beijing is following precedents by great powers as no permanent member of the UN Security Council has ever complied with a ruling by the Tribunal on an issue involving the Law of the Sea.

Graham Allison, director of Harvard Kennedy School’s Belfer Center for Science and International Affairs, noted in his writing: “In fact, none of the five permanent members of the UN Security Council have ever accepted any international court’s ruling when (in their view) it infringed their sovereignty or national security interests. Thus, when China rejects the tribunal’s decision in this case, it will be doing just what the other great powers have repeatedly done.”

Amid all the tension, what is important is that China has issued a long white paper that essentially reiterates its aspiration to maintain peace and stability in the South China Sea. 


The United States and Britain have criticised Beijing on this issue, but they had forgotten the precedents they have set.

In the 1980s when Nicaragua sued Washington for mining its harbours, the United States argued that the ICJ did not have the authority to hear Nicaragua’s case.

When the court ruled in favour of Nicaragua and ordered the United States to pay reparations, the United States refused, and vetoed six UN Security Council resolutions ordering it to comply with the court’s ruling, according to The Diplomat.

Just last year the tribunal ruled that Britain had violated the Law of the Sea by unilaterally establishing a Marine Protected Area in the Chagos Islands. The British government disregarded the ruling, and remains in the Marine Protected Area.

In its commentary on Friday, Xinhua said the South China Sea arbitration “is just a start key for the United States having ulterior motives to agitate the South China Sea situation to reinforce its hegemony”.


“The superpower has always been trying to turn the western Pacific Ocean into its own sphere of influence, dreaming to turn the South China Sea into the Caribbean where its warships patrol at will.”

To increase its dominance in the Asia-Pacific region in the face of China’s growing economy and increasing influence, the United States has since 2009 began a rebalancing strategy to the Asia Pacific to contain China’s rise, exerts Xinhua.

The South China Sea arbitration is another plot hatched by the US government, as Alberto Encomienda, former secretary-general of Maritime and Ocean Affairs Center of the Philippine Foreign Affairs Department, had said the United States has instigated his country to initiate the arbitration.

But to the credit of the Philippines, its government under a newly elected president is adopting a softer and conciliatory line towards China as it calls for more economic cooperation with Beijing.

This floats the prospects of cutting down conflict in future.

Amid all the tension, what is important is that China has issued a long white paper that essentially reiterates its aspiration to maintain peace and stability in the South China Sea, jointly with Asean member countries.

 By Ho Wah Foon The Star/Asia News Network

Related:

Arbitration: More questions than answers

On July 12th, an arbitral tribunal in The Hague made an award in the South China Sea territorial dispute case filed by the Philippines. The tribunal itself and its subsequent award, have many points which have raised more questions than answers.

 https://youtu.be/xBt7QizIAGg

Arbitration and award questionable

An award was made earlier this month over the South China Sea territorial dispute by The Hague-based arbitral tribunal consisting of five arbitrators.

https://youtu.be/yeXCM7WcFxo

China, the Philippines reached consensus on disputes

China has just released a white paper which reiterates the country's position on resolving territorial disputes in the South China Sea through dialogue and negotiation. According to the white paper, China and the Philippines reached consensus in the past on resolving the relevant disputes that way.


https://youtu.be/PvKQ5irjOFs

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Sunday 17 July 2016

China need not always win to be great

While it deserves to have a greater say in the world order, it should not be the only big winner. In its rush to assert itself on the global stage, it has simply reaped acquiescence


Chinese soldiers marking the Communist Party's 95th anniversary in Heilongjiang province last month. In President Xi's address, he said China will never compromise on its sovereignty. Standing up forcefully on the world stage has become a cornerstone of the country's diplomacy. PHOTO: AGENCE-FRANCE PRESSE

BEIJING • In his address at the 95th anniversary of the Chinese Communist Party (CCP) this month, President Xi Jinping (pic) devoted an unusually lengthy part of his speech to foreign policy.

Speaking just days before a ruling by the Arbitral Tribunal at The Hague on China's claims in the South China Sea, most international media focused on him saying that China will never compromise on its sovereignty. The Chinese media, however, picked out certain phrases to highlight his vision for the country on the global stage.

One of them is "ren lei ming yun gong tong ti", or a "community of common destiny for mankind", a term Mr Xi has used at least 60 times since 2013.

Building this community is the "Chinese solution" for an international world order that emphasises mutual benefits, and will allow China to fulfil its responsibilities as a major country, said party mouthpiece People's Daily in a commentary on Monday.

Another Chinese media analysis said China has come up with the "Chinese solution", or "zhong guo fang an", because it no longer wants to follow Western rules now that it has "a major country's capabilities and self-confidence".

Taken together, these points summarise China's reimagining of its role as a "major country/great power" or "da guo" in recent years. Although it became the world's No. 2 economy in 2010, the Chinese have always debated whether their country is truly a great power. There is, however, little doubt in the mind of Mr Xi, who has more actively sought to answer the question: "So what should a great power do?"

Plenty, it seems. In recent years, standing up more forcefully on the world stage has become a corner- stone of the country's diplomacy.

Last September, the People's Liberation Army (PLA) carried out a rare and massive display of its latest hardware through Tiananmen Square in a show of military prowess that unnerved neighbours in the region and countries further afield. That came amid a PLA restructuring and personnel reshuffle meant to improve its combat capabilities, as well as weapons deployment and land reclamation in the South China Sea.

Then last month, at a special meeting in Kunming between Asean and China's foreign ministers, a planned joint press conference failed to take place after the Chinese applied pressure on a few Asean member states and caused the 10-member bloc to splinter over a proposed joint statement on the South China Sea.

Experts such as Nankai University analyst Liu Feng have pointed out that "China has been more inclined in recent years to use its coercive power to persuade neighbouring countries or to ensure that they indeed treat it with respect". That is consistent with the observation that China has modified its foreign policy strategy to become more pro-active, shifting from the decades-old mantra of "tao guang yang hui" (keeping a low profile) to "fen fa you wei" (striving for achievement), a term Mr Xi used at a high-level diplomatic work conference in 2013.

Yet, what a great power can do and what it should do are different things - and both China's leaders and its people seem increasingly interested only in the former while "striving for achievement". That attitude extends to the Chinese public, as can be seen in the response of a fisherman from Hainan province who said in an interview in May: "Just attack them..., what are we afraid of?"

He was referring to the Philippines, which the tribunal ruled in favour of this week in the former's disputes with China in the South China Sea. Many of these fishermen had clashed with the coast guard and fishermen from the Philippines during their expeditions to the Spratlys, which the Chinese government encourages as a way of safeguarding sovereignty.

It is not uncommon to see netizens comment on territorial disputes online with a single word "da" (attack), born from the angst of seeing "great power" China supposedly being pushed around by smaller countries. They feel that China's might is not limited to the military either, often questioning what would happen if China decides to cut off trade ties or investment with another belligerent country. In short, now that we are strong, why do we need to play nice?

Yet, when it suits its cause, China (or its public) is quick to highlight that it is also a "rising power" - a developing country - hence relieving it of the international responsibilities that most expect a great power to shoulder.

Indeed, when Mr Xi committed US$2 billion (S$2.7 billion) last September to a development fund for poor countries and said China would aim to increase investment in least-developed countries to US$12 billion by 2030, that effort to change China's image as an international "free rider" swiftly came under fire. Why is China not helping its own poor, many Chinese asked. China is just a big country, not a rich country, others said.

None of that helps China's standing on the global stage. In its rush to demand respect befitting of a great power, China has merely reaped acquiescence.

Just looking at Asean, for instance, closer economic cooperation with Beijing has failed to translate into mutual trust. If anything, it has been the opposite, with concerns growing about China's readiness to wield its economic clout for geopolitical benefits. As one Western scholar observed, "China is a great power, but it doesn't realise that being a great power doesn't mean you need to ensure you win all the time".


This is where China can perhaps heed a lesson it learnt from the remarkable feat it pulled off early this year, in opening the Asian Infrastructure Investment Bank (AIIB), which People's Daily also sees as part of the "Chinese solution". Few would have given it a chance when Mr Xi first mooted it in 2013, especially given the intense pressure that the United States had put on other countries not to join the bank. But the benefits of this new institution were apparent to the 57 that eventually signed up, in what became a major public relations coup for China.

No coercive action was needed when the countries could assess for themselves the AIIB's merits, while being keenly aware of the limitations and associated biases in current international financial institutions.Two weeks on from Mr Xi's address, the tribunal has ruled against China's claims in the South China Sea and all eyes are on how forcefully it reacts. It should keep in mind that in recent years, assertive action has only served to push China's neighbors further away from it. It is still questionable, on balance, how much "striving for achievement" and not following "Western rules" has gained for China, and if that is still a path worth going down.

China deserves to have a greater say in the world order and, as it has pointed out, there should be no objection to its attempts to build a new world order that emphasizes "mutual benefits and a non-zero sum game model". In such a world, however, the great power should not be the only big winner.

By Teo Cheng Wee, China Correspondent The Straits Times/Asia News Network

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Asean Foreign Ministers Meeting July 23~26, last chance for peace in South China Sea?


HERE are three significant ironies in the South China Sea arbitration award which have not been picked up in the already voluminous reviews of the ruling in the case between the Philippines and China.

If properly plucked, they could form the basis for moving forward in a situation which shows all the potential of turning ugly. The first is the distinction the arbitral tribunal under the United Nations Convention on the Law of the Sea (UNCLOS) highlights between “historic rights” and “historic title.” While China lost in its claim to historic rights to resources in the South China Sea – deemed extinguished when states acceded to the regime under UNCLOS – it is worth noting nonetheless China does not claim to any “historic title.”

Even if the tribunal observed “historic title” can only be claimed over bays and other near-shore waters under UNCLOS, the fact remains China claims historic rights to resources within the ninedash line but not historic title.

The negative irony – at least from China’s point of view – is that had Beijing claimed historic title, the case brought to the tribunal by the Philippines in January 2013, which China contends is outside its jurisdiction on so many other grounds, could have been exempted from that jurisdiction under Article 298 of UNCLOS as a dispute concerning “historic title”.

Whether or not someone blundered in the Chinese foreign ministry, a reflection on the South China Sea dispute from the time of Deng Xiaoping, when he wisely counselled the issue of sovereignty should be set aside in negotiation to forge collaboration, would show the predisposition, lost in recent years of raw emotion, had always been to work together in the South China Sea.

This is a positive irony that could be gleaned by involved parties from last Wednesday’s tribunal award, to move forward.

The second noteworthy point that could be positively constructed from the award is the passage on the Second Thomas Shoal in response to the request from the Philippines (the 14th of its 15 submissions) for tribunal adjudication. The tribunal ruled that compulsory settlement is excluded from a dispute where military activities are involved.

China has of course been vociferous on the tribunal not having jurisdiction to hear the case brought by the Philippines. But just imagine if China had not asserted that its South China Sea activities, like reclamation and even militarisation, were not peaceful in intent but military in nature to stake its claims. Quite conceivably the tribunal might have ruled it indeed did not have jurisdiction!

Be that as it may, China has been consistent about its peaceful intentions. The occasion of the tribunal’s award should be made the point from which to push hard, through negotiation, for peaceful ends.

The third irony that could be made to have a positive twist is yet another argument by China on exclusion of the tribunal’s jurisdiction, which was rejected – the Declaration on the Conduct of Parties (DOC) in 2002 between China and Asean.

The tribunal rightly found that the DOC was a political, not a legal, document. Therefore its invocation for negotiation does not preclude legal settlement under UNCLOS.

Actually, it was China itself (and Malaysia) that did not want the DOC to be legally binding. Instead of talking about the chicken coming home to roost however, might this not be the opportune time to push together – both China and Asean – for the legally binding Code of Conduct (COC) and even make the overarching DOC a legal agreement?

The Asean Foreign Minsters Meeting and the Post Ministerial Conference with Dialogue Partners, including China of course, take place in Vientiane on July 23-26. Asean foreign ministries should be working furiously with one another and with China to make something positive happen in Laos.

Construct the positives. Avoid the negatives. Drive the meetings in clear direction. Asean, do not be helpless and hopeless.

Do not allow anything to happen that is gloating, taunting and flaunting. Make sure words at the meetings like “rebuke”, “chastise” and “outlaw in unequivocal terms” – which have dominated commentaries in the West – are avoided. Ensure there is no attack on anybody, including the tribunal. Show China particularly all Asean is interested to do is to move forward with it on the South China Sea issue in good faith.

All this is not easy to achieve. But it is a facet of Asean centrality that is called for more than ever before. As Asean chairs these meetings, the preparation for these outcomes must be pursued vigorously NOW in a truly focused manner.

Asean should take the lead. Laos should be given full support in preparing for the meetings. And China should be engaged before the meetings begin.

If thorough preparation and discussion do not take place before hand, there is grave danger the meetings will end up in disarray, including – again – the Asean meeting. There is no point trying to come out with an Asean joint statement on the arbitration award at this stage, as there will be no long-distance consensus when one cannot be achieved even when sitting down together. A meaningless joint statement would be just that – meaningless.

Malaysia has come out with its own statement, which is fine. The Singapore foreign minister has made a carefully crafted statement in the island republic’s Parliament. The new Philippines government has also been circumspect, showing restraint and responsibility in its hour of “victory”. And will send no less than a former president for talks with China.

China had time to expect the ruling. After giving vent to its fury, China should also calm down and work with Asean, as it has always said it would, and has again said it would in the wake of the arbitral award.

But which Asean? Asean must form a consensus on how to move forward. Singapore, which represents Asean in relations with China, should take the lead. When Asean foreign ministers failed to come out with that joint statement in 2012, Marty Natalegawa of Indonesia – not a South China Sea claimant state – scrambled a sixpoint agreement with what he called a zero-draft COC.

At this time, in this hour of crisis, the need for such leadership has never been greater. It is critical that Asean plays its role if it is not to drop off the horizon.

By Munir Majid comment Viewpoint

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Saturday 16 July 2016

PCA clarifies role, double standards in South China Sea arbitration profane international law

Permanent Court of Arbitration clarifies role in South China Sea case


THE HAGUE, July 16 (Xinhua) -- The Permanent Court of Arbitration (PCA) said on Friday that it is not a UN organ and only provided registry services to the South China Sea arbitral tribunal.

An ad hoc tribunal, set up at the unilateral request of the former Philippine government, on Tuesday issued an ill-founded award sweepingly sided with Manila, denying China's long-standing historic rights in the South China Sea.

Judith Levine In an email responding to Xinhua's request for comment on the case, Judith Levine, senior legal counsel of the PCA, said the court has served as registry in interstate disputes under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS), adding that the tribunal should determine its own procedure.

Sovereignty issues, under UNCLOS is beyond the jurisdiction of the arbitral tribunal. China has validly excluded delimitation disputes in a declaration in 2006.

The appointment of arbitrators was conducted according to UNCLOS Annex VII, she said.

Both parties of a dispute are entitled to appoint an arbitrator, she explained. In the South China Sea arbitration, which China reiterated that it would not participate in, the Philippines appointed German arbitrator Rudiger Wolfrum,


and the four other arbitrators were appointed by Japan's Shunji Yanai, 

 
Japan's Shunji Yanai

then president of the Hamburg-based International Tribunal of the Law of the Sea (ITLOS).

Yanai's political leanings rules out the possibility of a fair judgement, as he has helped Japanese Prime Minister Shinzo Abe lift the ban on Japan's collective self-defense right and challenge the post-WWII international order.

The South China Sea arbitral tribunal, constituted on June 21, 2013, appointed the International Bureau of the PCA to serve as registry for the proceedings.

As a registry, the PCA undertook financial management of the case, which involved collecting payment from both parties, and paying fees to arbitrator, experts, technical support, court reporters, among others.

In the South China Sea case, due to China's firm stance of nonparticipation, the Philippines paid shares of both parties, in order for the arbitration to proceed.

According to the "Rules of Procedures" of the tribunal, the functions of the registry also included maintaining an archive of the arbitral proceedings, providing appropriate registry services as directed by the tribunal, publishing information about the arbitration and issuing press releases, and organizing hearings at the Peace Palace, the seat of the PCA.

On the PCA's relationship to the UN, Levine confirmed that although it is housed in the same premises with the ICJ, the PCA is not a UN organ.

"The PCA is an intergovernmental organization that predates the UN and is independent of the UN," she explained. "The PCA was established by the 1899 Convention for the Pacific Settlement of International Disputes. China became a member State of the PCA in 1904."

The PCA has observer status at the UN, and PCA delegations have attend UN General Assembly meetings and UN multilateral treaty negotiations, she added.

There has been a confusion among the public that the award in the case was made by a "UN-backed tribunal," or even "UN tribunal," due to misleading reports by some media.

The International Court of Justice (ICJ), the principal judicial organ of the UN, has issued a notification on its website to clarify that it had nothing to do with the case.

According to the PCA's 2015 annual report, it provides services for the resolution of disputes involving various combinations of states, state entities, intergovernmental organizations, and private parties.

Its International Bureau, or Secretariat, is the unit that provides registry services, ranging from secretarial support to travel arrangements.- Xinhua

Double Standards Applied in South China Sea Arbitration Profane International Law 


After the tribunal in The Hague announced its so-called verdict concerning the arbitration that the Philippines unilaterally filed despite China’s repeated objection, several countries including the US have been pressuring China to accept the void verdict under the banner of “respect for law”.

Their acts, against the rule of law and the basic principles of international law and relations, obstructed relevant sides to manage maritime tension and seek a peaceful settlement. Their blind eye to the basic facts also exposed the inglorious role played by these external powers in the entire political farce.

Ever since the administration of Benigno Aquino III filed the South China Sea arbitration, the US, Australia, Japan and some other countries accused China as a violator of international law and requested China carry out the so-called award.

But this tough talk only exposed their dirty strategic motives. Such tricks are not able to cover the legitimacy of China’s stances, nor alter the strong support to China from those international forces standing for justice.

It's worth mentioning that the above countries adopted a completely different attitude when themselves were involved in issues related with the international rule of law. The sharp contrast speaks for their hypocrisy and arbitrariness.

For years, with double standards on international law, some Western countries have set a plate of bad precedents. They supported international judicial rules that they can benefit from, but trampled on those not in favor of them.

As the strongest maritime power in the world, the US, worried about a possible cripple of its marine hegemony, never ratified the United Nations Convention on the Law of the Sea (UNCLOS). While evading its obligations, it is still enjoying the rights under the UNCLOS.

The US has never been accused under UNCLOS because the Washington has never ratified the law, one article on Foreign Affairs wrote in an ironic tone.

Back in 1980s, Nicaragua charged the US with taking military and paramilitary actions in and against Nicaragua and violating the sovereignty of Nicaragua in the International Court of Justice (ICJ).

The ICJ ruled in favor of Nicaragua and awarded reparations to Nicaragua. But the US, with a tough attitude, refused to participate in the proceedings and rejected the verdict delivered by the ICJ, the principal judicial organ of the UN.

The US later blocked enforcement of the judgment by the UN Security Council and thereby prevented Nicaragua from obtaining any actual compensation.

The US argued that the Court did not have jurisdiction, with then US ambassador to the UN Jeane Kirkpatrick dismissing the Court as a semi-legal, semi-juridical, semi-political body, whose rules nations sometimes accept and sometimes don't.

The same goes for Australia, which always wants to follow the “international police” posture. When concluding maritime rights treaties with Timor-Leste, the Australian government unilaterally rejected such articles concerning maritime delimitation and third-party dispute settlement procedure. Without any other options, Timor-Leste had to file for arbitration to overrule the validity of the treaty.

In order to stop Timor-Leste from initiating the arbitration, the Australian intelligence agency resorted to despicable actions such as searching the legal representative office of Timor-Leste in Australia, detaining documents and preventing witnesses from appearing before the tribunal.

Japan also did not wait too long before joining in the clique of violating the international law. Its whale-hunt in the Antarctica was ruled as breaching the International Convention for the Regulation of Whaling by the ICJ, which ordered Japan to stop issuing whaling permits in the South Pole.

Though talking a good talk about respecting the verdict, the Japanese government did not match its actions with words. No effective measures were taken to curb domestic whaling. Even its ally Australia could not stand it and condemned Japan for violating international law.

In sharp contrast to these Western countries, China has always staunchly supported the authority of international law. At the commemoration marking the 60th anniversary of the "Five Principles of Peaceful Co-existence", Chinese President Xi Jinping pointed out that all countries should advance the rule of law in international relations together.

“We should urge all parties to abide by international law and well-recognized basic principles governing international relations and use widely applicable rules to tell right from wrong and pursue peace and development,” Xi said in his speech.

This not only is a solemn commitment of China to the global community in safeguarding and building the international rule of law, but also expounds that the fundamental key to build international rule of law is to tell right from wrong, stop disputes and uphold win-win collaboration by adopting widely-applicable rules, instead of encouraging hegemony in the name of the international law and stirring up conflicts to stray away the international rule of law.

The law cannot execute itself. Unlike Western countries who selectively apply international law, China always applies the spirit of the international rule of law in its diplomatic practice. So far, China has established over 23,000 bilateral agreements and joined more than 400 multilateral treaties.

Moreover, China has participated in almost all inter-governmental organizations and demarcated nearly 90 percent of land borderlines with 12 out of its 14 land neighbors through negotiation and consultation.

For China, equal treatment is the cornerstone in its diplomacy regardless of the territorial size and national strength of the other country. China will never bully any state. Regarding the international rule of law, the US and some other countries can hardly qualify as a “teacher” to China. In addition, they should look back to their past mistakes, abandon their long-upheld hegemony, egoism, hypocrisy and double standard and implement the basic norms of the international law and international relations through practical actions. - (People's Daily)

Related:

https://youtu.be/lVo-bd6Ytas

Interview with Prof. Tony Carty: China has historical rights in S. China Sea

CCTV reporter Li Jiejun spoke with Professor Tony Carty from Tsinghua University on the South China Sea arbitration. He believes China has historical rights in the South China Sea, and maintained that there are records pointing to the economic use of islands in the region by Chinese fishermen.


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