American hegemony cannot bring security to Asia

American defense secretary Chuck Hagel delivered a speech at the Shangri-La Defense Dialogue in Singapore on May 31st. In response to this irresponsible speech, the deputy chief of the General Staff of the Chinese People's Liberation Army Wang Guanzhong pointed out that Hagel's speech was filled with terms that will incite unrest in Asia.  Images for American hegemony cannot bring security ...

American defense secretary Chuck Hagel delivered a speech at the Shangri-La Defense Dialogue in Singapore on May 31st. In addition to defending America's pivot to the Asia-Pacific region, he also declared that the Diaoyu islands fall under the mutual defense treaty with Japan and voiced support for Japan's right to collective self-defense. Moreover, he placed emphasis on his criticism of China and made use of many threatening words.

In response to this irresponsible speech, the deputy chief of the General Staff of the Chinese People's Liberation Army Wang Guanzhong pointed out that Hagel's speech was filled with terms that will incite unrest in Asia. China had not foreseen that Hagel would deliver such an offensive speech. His accusations against China were unreasonable.

In order to maintain its hegemony and enjoy an economic dividend from the rapid development of Asia, America has devised a series of new Asia-Pacific strategies such as “Back to Asia”, “Pivot to Asia” and “U.S. Asia-Pacific Re-balance Strategy” to expand its military presence in Asia. America's so called “U.S. Asia-Pacific Re-balance Strategy” has increasingly aroused concern and anger among many of the countries affected on the one hand, and become the butt of criticism of influential strategists at home. We find ourselves in total disagreement with Hagel's groundless accusations - he would do well to subject himself to similar critical analysis.

As is widely accepted, the Diaoyu Islands, Xisha, Zhongsha and the Nansha islands have formed an integral part of China's territory since ancient times - there is no shortage of historical and legal evidence to support China's claims. China has nevertheless shown great restraint and patience in its calls for regional peace and stability, even when confronted with unreasonable demands and provocation on the part of other countries. China has exercised military restraint over the issues concerning the Diaoyu Islands, Huangyan Island and even the Xisha islands. Meanwhile, Japan's 'Self-Defense Force' jets have incessantly intruded into the East China Sea, far from the Diaoyu Islands to harass and threaten unarmed Chinese patrol aircraft.

Ships of the Philippine navy have harassed and threatened defenseless Chinese fishermen. Armed Vietnamese vessels have deliberately collided with Chinese government ships and fishing boats. China has never yet drilled a single oil well in the South China Sea, while countries such as Vietnam and Philippines have long been producing oil and gas in the area. We are curious about Hagel's motives in directing his accusations against China, while ignoring the efforts and sacrifices made by China in the interests of regional peace and stability.

Hagel's criticism of China as a 'rule-breaker' is a typical example of the hypocrisy of American politicians. The United Nations Convention on the Law of the Sea has met with approval from more than 150 countries since it was passed some thirty years ago. In pursuit of its own interests America, the self-styled “world policeman” and “supreme power” did not join the convention. With its own history of double standards, America has no business agitating for international laws and rules and attacking other countries for not abiding by these international rules.

China is no longer the downtrodden victim that it may have been one hundred years ago. China has no intention of stirring up trouble, but it will not sacrifice core national interests. Even in the face of provocation from Japan, the Philippines, and Vietnam, China remains tolerant and insists on peaceful settlement of disputes through bilateral negotiations. However, China is still forced to take counter-measures. We hope the nations involved do not interpret our tolerance as a sign of weakness. We hope they will turn back to the path of solving disputes through negotiation. Moreover, we also wish that America would abide by its promise of not taking sides in sovereignty disputes in Asia. In this way regional peace and stability and the long-term interests of nations in the region can be secured.

The countries mentioned above would be considerably less presumptuous without the support of America. In this sense, America is the chief instigator of unrest in Asia. America's insistence on its policy of hegemony offers nothing to Asian security and serves only to fuel disorder.<

Source: (People's Daily Online)    10:11, June 06, 2014
The article is edited and translated from《美国霸权带不来亚洲安全》, source: People's Daily Overseas Edition, author: Zhang Junshe, a researcher with the Navy Military Academic Research Institute.

China vows firm stance on maritime rights

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China rejects arbitration tribunal South China Sea ruling ; History backs China in sea disputes

China on Wednesday rejected a Hague-based arbitration tribunal's ruling giving it six months to respond to a legal claim by the Philippines over disputed waters in the South China Sea.

China's stance of not accepting or participating in the arbitration proceedings filed by the Philippines has not changed, Chinese foreign ministry spokesperson Hong Lei said at a regular briefing on Wednesday.

The response came after the tribunal of The Permanent Court of Arbitration in The Hague, the Netherlands, issued a statement on Tuesday, which requires China to submit evidence to defend its territorial claims in the South China Sea before December 15.

The tribunal cited an obligation to assure "each party a full opportunity to be heard and to present its case," according to a Tuesday statement.

The Philippines in March filed a memorandum to the international arbitration under the United Nations Convention on the Law of the Sea (UNCLOS), questioning the validity of China's "nine-dash" territorial claim.

However, experts said that without a bilateral agreement, the UNCLOS has no jurisdiction to interfere in sovereignty issues, which made China's stance reasonable and lawful.

"The international arbitration procedure must be agreed by both parties. If China rejects participating, the arbitration will not work," Ji Qiufeng, a professor of international relations with Nanjing University, told the Global Times.

Ji noted that the international tribunal is most likely to withdraw the Philippines' case.

"It will be a wise decision for the international tribunal as it lacks power to enforce. Even if the tribunal makes a judgment by default, China will not accept its verdict," Ji said. "The tribunal may lose its credibility."

The United States has said it supports the Philippines' arbitration case, which is closely watched by other claimant countries including Vietnam, which said last month it was considering legal action against China after a Chinese oil rig started to operate in waters near the Xisha Islands that Hanoi claims as it territory.

Ji pointed out that Vietnam's legal threat is very likely to depend on the result of the Philippines' case. "As China stands firm against the Manila plea, Hanoi should be aware that the threats would prove in vain."

- By Hu Qingyun Source:Global Times Published: 2014-6-5 0:43:01

History backs China in sea disputes

China has been criticized by some countries for making "ambiguous" claims on the islands, islets, reefs and waters in the South China Sea. For example, it has been criticized for "failing to honor" the United Nations Convention on the Law of the Sea despite being a signatory to it, as well as for "violating" other international laws on the sea.

A few international observers also accuse China of deliberately obscuring its territorial claims in the South China Sea by using terms not found in the UNCLOS, such as "adjacent waters" and "relevant waters". And some countries keep demanding that China "clarify" its nine-dash line map.

The fact is that, if these countries do not change their mindset and attitude, the nine-dash line will continue to be vague for them irrespective of how clearly China defines it.

China has an unequivocal and consistent territorial claim on the islands and other land features in the South China Sea. As a matter of fact, it has unequivocally stated its claim in three official documents: the 1947 Location Map of the South China Sea Islands released by the Kuomingtang government in Nanjing, the 1958 Declaration of the Government of New China on the Territorial Sea and the 1992 Law on Territorial Sea and Contiguous Zone. These documents state that the Dongsha Islands, Xisha Islands, Zhongsha Islands, Nansha Islands and other islands are part of the sovereign territory of China.

Some countries view China's maritime claim in the South China Sea as ambiguous because of certain historical reasons. The first reason is that the UNCLOS does not properly address the issue of historic rights. Despite the reference to historic title in Articles 15 and 298(1)(a), the provision on historic bays in Article 15(6), and the recognition of traditional fishing rights in Article 51, it does not have any provision for the definition of historic rights or their specific connotation and denotation.

The second is that no consistent understanding has been reached in international law on historic rights. For example, Yehuda Z. Blum, an Israeli professor of law and diplomat, has observed: The term "historic rights" denotes the possession by a state, over certain land or maritime areas, of rights that would not normally accrue to it under the general rules of international law, such rights having been acquired by that state through a process of historical consolidation ... Historic rights are a product of a lengthy process comprising a long series of acts, omissions and patterns of behavior which, in their entirety, and through their cumulative effect, bring such rights into being and consolidate them into rights valid in international law.

Besides, a state acquires historic rights through effective exercise of these rights (long series of acts, omissions and patterns of behavior) by one or more states, a practice followed by relevant states. The concept of historic rights is almost equivalent to that of historic water.

In this vein, Leo Bouchez, a renowned international law professor, says the concept of "historic rights" has evolved from the concept of "historic water" and "historic bays". The development from "historic bays" to "historic water" and from "historic title" to "historic rights" indicates the evolution of legal concepts with the development of state practice, and that such concepts have not been finalized.

From the point of view of China, one of the world's oldest civilizations, the South China Sea is part of the traditional Asian order and, hence, it would be inappropriate to comprehend the nine-dash line by relying solely on the Westphalian nation-state system.

As Keyuan Zou, Harris professor of International Law at the University of Central Lancashire in the UK, has observed, the South China Sea nine-dash line map was officially released by the Chinese Kuomingtang government half a century before the UNCLOS, and one decade before the 1958 Four Geneva Conventions on the Law of the Sea. Thus, China's historic rights within the nine-dash line cannot be ignored. The nine-dash line drawn by the Chinese government in 1947, at approximately the median position between China's South China Sea islands and reefs and the coastlines of bordering states, reflects the scope of China's claims. The consistency of the claims has been maintained by China after 1949, and the claims have been recognized or acquiesced to by bordering states over a long period of time. Therefore, the nine-dash line has probative force and weight under international law.

The so-called ambiguity in China's nine-dash line map and its claim on the waters within that line mainly stems from the imperfection of the UNCLOS. To some extent, international law on historic rights is defective in theory and doctrine and lacks a unified standard.

China has been striving to clarify its claim in the South China Sea. But the joint efforts of the international community are also needed to complement and improve the UNCLOS by agreeing to a new international convention or protocol in order to clarify the understanding of historic rights.

The author is deputy director of Maritime Security Institute at East China University of Political Science and Law in Shanghai. The views expressed are personal. His most recent book is Legal Interpretation of China's South China Sea Map: An Inclusive Approach to Ocean Public Order.

- By Zheng Zhihua (China Daily)

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Foreign tech firms pose threat on Internet; World's largest Internet hacker

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With technologies such as cloud computing and big data getting popular, information can be collected and analyzed immediately, which means the damage can be much greater and more difficult to prevent, analysts said.

"It can be said that those who master online services can get more information in cyberspace," said Du Yuejin, director at the National Engineering Laboratory for Cyber Security Emergency Response Technology.

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"The US, in fact, could get these users' information or conduct the wiretapping by attacking the network instead of 'cooperating' with the enterprises, but it might take more time and money," said Wan.

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- Contributed By CAO YIN (China Daily)

World's largest Internet hacker

The spying actions of the US have underscored the urgency of formulating common rules for activities in cyberspace

Last month, the United States Attorney-General Eric Holder announced the indictments of five Chinese military personnel on cyber espionage charges, accusing them of hacking into US companies in the nuclear power, metals and solar products industries. This has seriously compromised relations with China and sabotaged the bilateral cybersecurity cooperation that had been put back onto a normal track after overcoming setbacks.

With the indictments, the US has tried to present itself as the largest victim of cyberattacks, when in fact it is the Cold War mentality and troublemaking of the US that have precipitated the instability and insecurity in cyberspace. If the US doesn't change its behavior, all peoples in the world may become victims of Internet insecurity.

In June 2013, Edward Snowden, a former US National Security Bureau contractor, revealed US intelligence agencies were conducting large-scale network spy programs, such as PRISM, Xkeyscore and others, across the world. His disclosures indicated the omnipotence of the US' Internet surveillance and cyberattacks, which range from spying on communication metadata and backbone networks to the monitoring of short message services, instant messaging and video chats; from spying on ordinary people to spying on enterprises, universities, military units and even heads of state, not to mention the revelations about the US' cyber warfare capabilities.

Aside from its cyber command that has been rapidly growing, the US' marine, land and air forces have also set up their own cyber headquarters. Cyber combat capabilities are already regarded as part of the weaponry of the US' fighting forces. A series of US cyber combat programs have been revealed, from Stuxnet to Fslame and X-Plan, all of which indicate that the US has mastered more complicated means and more threatening abilities than other countries in terms of cyberattacks.

The latest indictments against the five Chinese military personnel have also reminded people of a series of previous cyber espionage claims against China by the US. In February 2013, Mandiant, a US cybersecurity firm, released a report accusing China's military of plotting hacker attacks against US enterprises. After that, many in the US, including the president and senior government officials, expressed a tough stance toward China and threatened economic sanctions against it. Some even suggested that US enterprises "hacked" by China should make cyber counterattacks in retaliation. Such groundless accusations of Chinese cyberattacks have drastically tainted the US' domestic political environment toward China and also frozen cybersecurity cooperation between the two countries.

The Chinese government has consistently advocated a new type of major-power relations with the US, and it has refrained from overreacting to Washington's "threatening signals". Even after the Snowden revelations, the Chinese government still adhered to the principles of no-conflict, no-confrontation, mutual respect and mutually beneficial cooperation, and it is actively pushing for cooperation with the US in cybersecurity and working for the establishment of a cybersecurity work panel under the Sino-US Strategic and Economic Dialogue framework.

All the evidence indicates that it is the US that is the world's largest Internet hacker and that the global cyber arms race triggered by the US' actions poses the largest threat to global cybersecurity. The US has so far cited "for the sake of national security" as the only excuse for its pervasive Internet espionage. The US should know that a country cannot put its national security above the interests and national security of other countries and the basic norms of international relations. The double standards the US has embraced in cybersecurity have damaged its credibility and compromised its image as a responsible power.

To enjoy the dividends of the booming Internet sector and communication technologies, cyberspace must be peaceful, safe, open and cooperative. Cyberspace should not be a field for either a cold or hot war, and the latest developments have once again underscored the importance and urgency for formulating common rules for cyber activities.

The US indictments of the Chinese military personnel are not conducive to global efforts to maintain the stability and security of cyberspace. The US, by taking advantage of its technological and military dominance, has established a cyber hegemony. It is hoped the US can lead the global Internet sector to develop in a healthy direction, as it once spearheaded the progress of Internet technologies for human progress.

- Contributed By Tang Lan (China Daily) The author is deputy director of the Institute of Information and Social Development Studies, China Institutes of Contemporary International Relations.

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