South China Sea Arbitration News & Discussion

[S10]

Oh so who supports Chinese stance on the SCS in Asia? Australia, Japan, Vietnam, Brunei, Philippines, the list goes on .. just countries like Pakistan would but others are not.

Oh so American and its pawns = Asia

Thanks for the laugh.

 

[Tiqiu]

H6K patrols and guards Huangyan island. The US and the Philippines rush to send envoys to visit China.

 

[grey boy 2]

3 days after the silly episode
Chinese response: "Full 4G coverage of all SCS islands
判决出来后第三天：南沙岛礁4G信号全覆盖

 

[Tiqiu]

China PLA Navy Admiral: "Throw away illusions, prepare to fight"

我海军上将：“仲裁”后军队丢掉幻想 捍卫主权能起决定作用
http://world.huanqiu.com/exclusive/2016-07/9183866.html

 

[xunzi]

I don't think anyone cares what You wish.
The statement would make a little more sense if I actually ever commented about Chinese ships
in International Waters.

That's why I want to remind you that freedom of navigation is not an exclusive US's rights.

 

[Tiqiu]

South China Sea: Vietnam detains activists after international ruling
http://www.abc.net.au/news/2016-07-17/vietnam-detains-activists-after-south-china-sea-ruling/7636228


Scores of activists have been detained in Vietnam's capital as they gathered to protest against China who rejected last week's ruling dismissing its claims to much of the South China Sea.

Key points:

• Vietnam has competing claims against China to the South China Sea
• Protestors in Hanoi are angry China has rejected the recent Hague ruling
• Domestic critics accuse Hanoi of being too meek towards Beijing

Anti-Chinese sentiment runs deep in communist Vietnam, but the country's authoritarian rulers move swiftly to tamp down expressions of public anger, fearful that allowing such protests might embolden criticism of their rule.

Activists had used social media to call for protests in Hanoi on Sunday in the wake of this week's ruling by the Permanent Court of Arbitration (PCA) in The Haguewhich found there was no legal basis for Beijing's claims to vast swathes of the South China Sea.

The case was brought by the Philippines, but the ruling has been a boon for other regional countries like Vietnam who also have competing claims to the strategic sea.

Authorities in the capital Hanoi were ready for protests.

Plainclothes security forces were out in force, blanketing much of the city centre and keeping a close eye on any crowds that might be gathering, a reporter on the scene said.

Throughout the morning, around 30 activists were swiftly bundled onto waiting buses and cars by security forces after they gathered to hold a protest near the city's famous Hoan Kiem lake, a common spot for demonstrations.

Some chanted "Down with China invasion!" as they were led away to detention.

Hague ruling infuriates China
A hollow victory for the Philippines[/paste:font]Expand
Beijing lays claim to virtually all of the South China Sea, putting it at odds with regional neighbours the Philippines, Vietnam, Malaysia, Brunei and Taiwan, which also have partial claims.

China boycotted the PCA hearings, saying the court had no jurisdiction, and has reacted furiously, vowing to ignore the ruling and arguing it misinterprets international law.

Vietnam and China frequently trade diplomatic barbs over the disputed Paracel island chain and waters in the South China Sea.

China has encouraged patriotic citizens to visit the contested Paracels, which are known as Xisha in Chinese.

Such acts have deepened already simmering anti-Chinese sentiment in Vietnam while domestic critics accuse Hanoi of being too meek towards its giant northern neighbour.

At least three Chinese nationals were killed in 2014 when rioting broke out in Vietnam after Beijing sent an oil rig into contested waters.

 

[William Hung]

The disputes is what dispute? If it is EEZ disputes, I guess China governement would like to join in the arbitration case, why not, UNCLOS is mainly order to solve EEZ disputes. Obviously Philippines is referring to territory disputes, China government insist the arbitration court has no jurisdiction, this is supported by UNCLOS.

It is a dispute about the interpretation and applications of UNCLOS, which UNCLOS gives the arbitration tribunal jurisdiction over. In other words, UNCLOS gives a party the right to invoke a arbitration tribunal to interpret and apply the laws of UNCLOS on a country’s claims, in this case, it interpreted the laws of UNCLOS, apply it to your SCS claims/conducts and declare it illegal according to UNCLOS.

China can insist the court has no jurisdiction, but too bad, China had ratified UNCLOS and have previously agreed with the clause that the tribunal will get to decide that they have jurisidiction, even when someone disagree. So this mean you have broken the agreement that you have volunitarily signed to. Or you can be the man and withdraw from UNCLOS.

The issues Philippines illegally invading and occupying SCS islands in 1970's-1980's has not been solved, they can't start further any arbitration based on Phillipines has already territory title of SCS islands. As I once made a analogy to another member, one rob a bank, his sons later in court how to inherit his money. The money is illegal income, they should return the money, not discuss how to inherit it.
China in 2002 has signed <Declaration on the Code of Conduct on the South China Sea> with ASEAN ( Phillipines included ), this is a political document, a part of international law, it has legal effect. According to the Declaration, all parties agree to solve the SCS disputes via negotiations between relevant nations. This is another reason China reject the arbitration. When China signed this declaration with those nations, China had make compromises and release great interests to Southeast Asia nation they were hit badly by 1997 Asian Financial Crisis. The DOC is based on equal negotiation, it is the future of the regional cooperation and peace. It is very important. Even the arbitration case is happening, China and ASEAN nations still have high devotion of DOC. Some ASEAN membe publicly insist in applying DOC to solve the SCS disputes.

You are wrong. DoC has no legal effect because it is not a legally binding agreement, it is just a voluntary “declaration”. The “Code of Conduct” that ASEAN was working on is the one that will be legally binding, and would have the legal power to cancel the arbitration...but too bad your leaders kept delaying and refusing (or so I have heard) to finalize and ratify it with ASEAN. See how short-sighted your leaders are?

Your analogy about the thief and the son is meaningless. When you ratified UNCLOS, you have agreed to its law and conventions about EEZ, reefs, islands, arbitration, etc. So it doesn’t matter if the Philippines didnt occupied those SCS features in ancient times. When China ratified UNCLOS, China had effectively agreed that the Philippines (or any country) can get what they are entitled under the laws and conventions of UNCLOS, and the tribunal had just ruled on that. Disagree with the Tribunal? Well too bad China had also agreed that an arbitration tribunal can issue legally binding rulings and can also have the power to decide that it has jurisdiction. That is what your country had agreed to. You can lobby your govt to withdraw from UNCLOS to nullify these agreements, what is stopping your country?

 

[lcloo]

Welcome to 沖ノ鳥島／おきのとりしま Okinotorishima.

We have total of 9.44 square metre of dry land from two rocks and we have claimed 400,000 Sq Km of EEZ. And last month we have just arrested a Taiwanese fishing boat for fishing in our EEZ and forced them to pay a heavy fine to get their boat released.



Okinotorishima !!!

Oh...... This is just a ROCK in South China Sea, It shoud be called Taiping Reef !!! Please obey our arbitration verdict !!!!

 

[greenwood]

It is a dispute about the interpretation and applications of UNCLOS, which UNCLOS gives the arbitration tribunal jurisdiction over. In other words, UNCLOS gives a party the right to invoke a arbitration tribunal to interpret and apply the laws of UNCLOS on a country’s claims, in this case, it interpreted the laws of UNCLOS, apply it to your SCS claims/conducts and declare it illegal according to UNCLOS.

China can insist the court has no jurisdiction, but too bad, China had ratified UNCLOS and have previously agreed with the clause that the tribunal will get to decide that they have jurisidiction, even when someone disagree. So this mean you have broken the agreement that you have volunitarily signed to. Or you can be the man and withdraw from UNCLOS.




You are wrong. DoC has no legal effect because it is not a legally binding agreement, it is just a voluntary “declaration”. The “Code of Conduct” that ASEAN was working on is the one that will be legally binding, and would have the legal power to cancel the arbitration...but too bad your leaders kept delaying and refusing (or so I have heard) to finalize and ratify it with ASEAN. See how short-sighted your leaders are?

Your analogy about the thief and the son is meaningless. When you ratified UNCLOS, you have agreed to its law and conventions about EEZ, reefs, islands, arbitration, etc. So it doesn’t matter if the Philippines didnt occupied those SCS features in ancient times. When China ratified UNCLOS, China had effectively agreed that the Philippines (or any country) can get what they are entitled under the laws and conventions of UNCLOS, and the tribunal had just ruled on that. Disagree with the Tribunal? Well too bad China had also agreed that an arbitration tribunal can issue legally binding rulings and can also have the power to decide that it has jurisdiction. That is what your country had agreed to. You can lobby your govt to withdraw from UNCLOS to nullify these agreements, what is stopping your country?

The SCS arbitration soap opera is over, I don't want to talk it anymore. Next time on fresh news, call me.

 

[A.P. Richelieu]

Welcome to 沖ノ鳥島／おきのとりしま Okinotorishima.

We have total of 9.44 square metre of dry land from two rocks and we have claimed 400,000 Sq Km of EEZ. And last month we have just arrested a Taiwanese fishing boat for fishing in our EEZ and forced them to pay a heavy fine to get their boat released.



Okinotorishima !!!
View attachment 318411






Oh...... This is just a ROCK in South China Sea, It shoud be called Taiping Reef !!! Please obey our arbitration verdict !!!!
View attachment 318410

In order for something to be called an island, it must be able to sustain a settlement.
I.E. there is enough water (which I understand there is) and it must be fertile enough to give a decent harvest.
A few coconut, and other fruits, I guess won't do.

 

[WuMaoCleverbot]

Itu Aba isn’t an island on the account that it doesn’t support a “stable community of people

http://thediplomat.com/2016/07/5-ta...e-historic-south-china-sea-arbitration-award/


In 1993, two complete desalination machines were placed on the island, which operate for four hours each day, generating approximately 6,000 gallons of fresh water.

https://amti.csis.org/taiping-island-an-island-or-a-rock-under-unclos/

The Taiwanese already admitted that Itu Aba is not capable of sustaining human habitation or economic life of its own. Taiwan is pouring enormous resources just to sustain Itu Aba. Taiping Island cannot generate maritime entitlement to a 200 nautical miles, an Exclusive Economic Zone (EEZ), or a continental shelf under the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

 

[lcloo]

The double standard practised by Japan. They insist their 2 specks of rock is island with 400,000 sq km EEZ. Meanwhile they tried in vain but FAILED to get others, especially the Europeans to condemn China over South China Sea islands.




July 15 2016

The Okinotorishima atoll is shown in this aerial photo taken in April 2005. | KYODO
National / Politics
Japan steps up rhetoric over Okinotorishima in wake of Hague ruling
by Ayako Mie
Staff Writer




Tokyo has stepped up its rhetoric over claims that Okinotorishima is an island and not rocks under international law in the wake of a tribunal ruling in The Hague this week on the South China Sea.

On Tuesday, the Permanent Court of Arbitration found in favor of the Philippines in its territorial dispute with China, saying that Beijing had no “legal basis” to claim “historic rights” to islets in the waters.

Adding to the geopolitical fallout, analysts say the decision could potentially undermine Japan’s claim to Okinotorishima, which it administers, but which is also claimed by Taiwan and is geographically similar to the South China Sea islets.

Tuesday’s ruling said the islands in the disputed Spratly archipelago are rocks, not islands, because they cannot sustain a community of people or economic activities, and thus can have no exclusive economic zone or continental shelf based on the U.N. Convention on the Law of the Sea (UNCLOS).

The verdict also said Hughes Reef and Mischief Reef, which make up part of the Spratlys, generate no maritime entitlement as they are submerged at high tide.

Okinotorishima, located about 1,740 km south of Tokyo, is a collection of tiny specks that are barely visible at high tide.

Chief Cabinet Secretary Yoshihide Suga on Thursday asserted the position that Okinotorishima is an island under international law and consequently entitled to a 200-nautical-mile exclusive economic zone.

On Friday, Foreign Minister Fumio Kishida reiterated this stance.

“Since 1931, when the interior ministry recognized the island (as Okinotorishima), it has been an island. The verdict does not set the standards for what constitutes rock,” Kishida told reporters.

Kishida also said the verdict’s legal ramifications apply only to China and the Philippines.

Okinotorishima, which sits amid rich natural resources including rare metal, is considered to be a strategically and politically important feature for Japan, which has added concrete embankments to protect it from wave damage.

Despite Tokyo’s claim, China and Taiwan have asserted that Okinotorishima is merely rocks, with former Taiwanese President Ma Ying-jeou making the comment as recently as April.

 

[cnleio]

In 2017 there will be a war in SCS, PLAN preparing for it.

 

[hirobo2]

In 2017 there will be a war in SCS, PLAN preparing for it.

I believe this will happen too. War is an option to stimulate the Chinese economy, which is seeing its weakest growth rate in 25 years. Look at what happened to US economy/stock market 2003-2008 Afghanistan/Iraq wars, it went up...

Also, US expects China to build up Scarborough Shoal then attack. Too predictable, not gonna happen. Hence 2017 war seems about right...

(Btw, not that I support war, but the CCP probably got together and pondered a way to kickstart Chinese economy, and this showed up as an option. Also, a certain lawless country in the SCS hell-bent on killing defenseless elderly fishermen with their coastguards really deserves a nasty karmic spanking in return...)