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South China Sea: CCTV reporter debates with American expert on the arbitration case

@Three_Kingdoms
I have put the article below.


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China has ample evidence to reject 'ruling' on South China Sea dispute: Tung Chee-hwa
(Xinhua)Updated: 2016-07-17 09:47

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Tung Chee-hwa, vice-chairman of the National Committee of the Chinese People's Political Consultative Conference and former Chief Executive of Hong Kong SAR, addresses a keynote speech at the Public International Law Colloquium on Maritime Disputes Settlement at the Hong Kong Convention and Exhibition Center in Hong Kong, on July, 15 2016. [Photo by Roy Liu/China Daily]


HONG KONG - Tung Chee-hwa, vice-chairman of Chinese People's Political Consultative Conference, said on Friday that there is ample evidence for China to reject the "award" rendered on July 12 in the South China Sea arbitration established at the unilateral request of the Philippine government.

Delivering a keynote speech at the Public International Law Colloquium on Maritime Disputes Settlement, Tung said China has indeed adhered to international legal norms in the South China Sea dispute.

The United Nations Convention on the Law of the Sea (UNCLOS) has provided its signatories with an option to make an exception in cases concerning maritime boundary delimitation, with more than 30 countries have taken the option including UN Security Council permanent members Britain, France and Russia, Tung said.

On this basis, Tung said, China ratified the Convention in 1996, when it made a declaration reaffirming its sovereignty over all its archipelagos and islands, including those in the South China Sea.

In 2006, China made another declaration, under Article 298 of the Convention, that any maritime boundary delimitation issues are excluded from the jurisdiction of any dispute resolution mechanism under the Convention.

Another reason for China declined to attend the arbitration proceedings is that, in 2002, a Declaration on the Conduct of Parties in the South China Sea was agreed, promoting bilateral negotiation among the disputing nations over sovereignty issues, and calling for the freedom of navigation in the South China Sea for all nations of the world in accordance to UNCLOS.

"To have attended the arbitration proceedings at the Hague would undermine a process that has long been in place to resolve the dispute in a bilateral and peaceful manner," Tung said.

Furthermore, UNCLOS rules clearly provide that, until the bilateral discussions have been exhausted, a country should not approach the Permanent Court of Arbitration to adjudicate border disputes, Tung added.

Tung also talked about the historical evidence to support China's sovereignty over the South China Sea, saying the Chinese discovered Nansha Islands with the earliest archaeological evidence of their use dating back hundreds and sometimes thousands of years.

In more recent history towards the end of the World War II, there emerges ample, clear and convincing evidence that China has sovereignty over the Nansha Islands.

This evidence has been recognized by the international community, including the United States. These can be found in very important international treaties and declarations including the Cairo Declaration and Potsdam Declaration, he said.

"Whilst a strategic intend is to pursue peace above all, China will firmly and steadfastly pursue the protection of her territorial integrity," Tung said, emphasizing peace is precious and stands above all and China would like to resolve territorial disputes peacefully.

Tung also criticized the US for frequently carrying out military exercises in the South China Sea, sometimes in conjunction with the military of another claimant to the disputed region, which helps to consolidate suspicions of many Chinese people that the US pivot to Asia is to contain China.

He said the best way to demonstrate this is for the US to persuade the Philippine government to positively engage with the Chinese government on resolving the territorial dispute.

"It is well recognized that the China-US relationship today is the most important bilateral relationship in the world. Economically, the relationship is becoming more and more interdependent in terms of trade and investment," he said.
 
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nine dashed line is newly created thing. It is even younger than weather station of Vietnam in Paracel, Spratly.

Why it could represent for historic right?

officially, nine dashed line submitted to UN in 2009, and ten dashed line come to light in 2014
 
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nine dashed line is newly created thing. It is even younger than weather station of Vietnam in Paracel, Spratly.

Why it could represent for historic right?

officially, nine dashed line submitted to UN in 2009, and ten dashed line come to light in 2014

it was 11 dashed, we gave 2 dashed to Vietnam, I think it's time to claim back
 
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Video on Sansha city on Yongxing Island in the Paracels.

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Sansha city’s anniversary: Municipality created to boost China’s maritime rights


CCTV News

Published on 24 Jul 2016


In 2014, shortly after the Philippine police detained 11 Chinese fishermen, CCTV’s reporter Han Bin visited one of the released fishermen. The reporter looked into the process of construction of the Sansha city and its unique role in China’s efforts to protect its maritime rights and marine resources. And in the heart of the South China Sea debate, he found out challenges for Sansha, and the changes it has brought to the Chinese fishermen who live there.
 
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HK legal organ queries PCA's arbitration jurisdiction over South China Sea disputes

2016-06-17 07:07

HONG KONG - A Hong Kong legal organization has queried the jurisdiction of the Permanent Court of Arbitration (PCA) in The Hague to deal with an arbitration initiated unilaterally by the Philippines against China over the South China Sea disputes, citing the factual and legal errors of the case.


eca86bd9d54318cd763701.jpg


Daniel R. Fung, chairman of the Hong Kong-based Asia Pacific Institute of International Law (APIIL) receives interview by Xinhua June 16, 2016. [Photo/Xinhua]


Daniel R. Fung, chairman of the Hong Kong-based Asia Pacific Institute of International Law (APIIL), told Xinhua on Thursday that such an arbitration involving sovereignty issues should not be handled by PCA under the framework of the United Nations Convention on the Law of the Sea (UNCLOS).

On June 6, 2016, the APIIL submitted an amicus curiae (friend of the court) brief on the arbitration initiated by the Philippines to the tribunal. The brief was endorsed by several solicitors and legal experts from China's Hong Kong, Britain and Australia.

Citing a lot of international cases, the legal document addresses two key issues: jurisdiction of PCA to determine the Philippines' 15 submissions of the arbitration and justiciability of the issues raised in the submissions.
Fung, a renowned senior counsel in China's Hong Kong, said in an interview with Xinhua on Thursday that PCA has obviously overlooked the two issues.

Fung said the South China Sea disputes should be handled through diplomatic and political negotiations rather than an arbitration, especially they should not be handled under the UNCLOS.

"As friend of the court, our motivation to intervene is to maintain the perfection of the International Law system and the perfection of the arbitration tribunal which is one of the instruments of the system," Fung said.

"We are unwilling to see the international law system being jeopardized or its reputation being damaged," he said.
According to Fung, PCA has the responsibility to respond to the amicus curiae brief and the APIIL has requested an oral argument at PCA. However, PCA has not responded to the brief.

The Philippines unilaterally initiated arbitration proceedings to the Hague-based PCA against China over the South China Sea disputes in 2013. PCA ruled in 2015 that it has the jurisdiction over the case, taking up seven of the 15 submissions made by Manila.

The Chinese government has reiterated its non-acceptance and non-participation stance in the case.

The Chinese Ministry of Foreign Affairs said in its statement issued on June 8 that China has all along stood for peacefully settling territorial and maritime delimitation disputes through negotiations with states directly concerned on the basis of respecting historical facts and in accordance with the International law.

On issues concerning territorial sovereignty and maritime delimitation, China never accepts any recourse to third party settlement, or any means of dispute settlement that is imposed on it, the statement said.

An amicus curiae (literally, friend of the court) is someone as a third party to a case and offers information that bears on the case but who has not been solicited by any of the parties to assist a court. This may take the form of legal opinion or testimony and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.
 
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The Japanese should just butt out of this.

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China tells Japan don't intervene in South China Sea
Source: Xinhua | 2016-07-24 18:54:17 | Editor: huaxia

BEIJING, July 24 (Xinhua)-- China on Sunday urged Japan not to intervene in the South China Sea issue as Japan is not directly concerned in any disputes there.

Japanese foreign minister Fumio Kishida said he would talk about the issue if he has a chance to meet with his Chinese counterpart Wang Yi during the series of foreign ministers' meeting involving ASEAN and other Asian countries.

Stressing that the South China Sea arbitration is "illegal and invalid" from very beginning to end, Foreign Ministry spokesperson Lu Kang said China's rejection of the award is indeed in accordance with the international law and the UN Convention on the Law of the Sea.

"Japan is not a party to the South China Sea issue, and considering its shameful history, it has no rights whatsoever to accuse China on the matter," he said.

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The Japanese should just butt out of this.

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China tells Japan don't intervene in South China Sea
Source: Xinhua | 2016-07-24 18:54:17 | Editor: huaxia

BEIJING, July 24 (Xinhua)-- China on Sunday urged Japan not to intervene in the South China Sea issue as Japan is not directly concerned in any disputes there.

Japanese foreign minister Fumio Kishida said he would talk about the issue if he has a chance to meet with his Chinese counterpart Wang Yi during the series of foreign ministers' meeting involving ASEAN and other Asian countries.

Stressing that the South China Sea arbitration is "illegal and invalid" from very beginning to end, Foreign Ministry spokesperson Lu Kang said China's rejection of the award is indeed in accordance with the international law and the UN Convention on the Law of the Sea.

"Japan is not a party to the South China Sea issue, and considering its shameful history, it has no rights whatsoever to accuse China on the matter," he said.

View attachment 320438

Wang Yi is currently giving a press briefing and he has just said only one country raised the issue of the SCS arbitration during the FMs' meeting and the country's efforts were blocked by other ASEAN members.

So much so for Japan's attempt to play the good guy here.
 
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All Chinese Loudly Stand Up and Vigorously Defend
All True China Friendly nations


Let's Defend all True China Friendly nations such as ( RUSSIA, PAKISTAN, CAMBODIA, LAOS, BANGLADESH, NEPAL, THAILAND, IRAN, SERBIA, CUBA, VENEZUELA, ... ...and on ... ... ) from western Anglo Saxon alliance relentless Attacks.


:yes4: :yes4: :yes4:

( at least on forums like PDF , there are so many thing that we can do, even as simple and as tiny as giving Enthusiastic Thanks to all post that defend the Humanity Righteousness ) ... ...

I sincerely hope starting from now, all Chinese everywhere around the globe will Loudly Stand Up and Vigorously Defend all True China Friendly nations -- when they are being attacked by the western Anglo Saxon alliance, and when their FAIRNESS and JUSTICE are stolen away by all these thuggish western Anglo Saxon alliance and western Anglo Saxon soldiers. ( such as US soldiers raping innocent young Girls and Women , and US military court let all these criminal US soldiers run away freely without any punishments ).

For example:

1) US + NATO continuous harassments towards RUSSIA.
US + western Anglo Saxon alliance continuous harassments towards RUSSIA by unfairly banning Russian athletes.
Remember : we all know -- western Anglo Saxon media are always ( Full of LIES and SPINS and DISHONESTY ).

2) Please do disbelieve any news that claims all Russian athletes are full of doping.
And, simply taken any news on Russia from western Anglo Saxon media at face value.
These above are very likely Maliciously intentional ( Evil LIES and SPINS and DISHONESTY )
from western Anglo Saxon media aganist Russia.
Western Anglo Saxon media always play so many hidden tricks to attack Russia and China.

:eek: :eek:

3) US carelessly bombing civilians in PAKISTAN, IRAQ, and SYRIA.

:angry: :angry:

4) BLACK Lives MATTER -- Black People intentionally murdered by many white police is United Satan achilles heel.
All Chinese shall relentlessly attack and hammer this United Satan achilles heel until it break and disintegrate.
 
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HK legal organ queries PCA's arbitration jurisdiction over South China Sea disputes

2016-06-17 07:07

HONG KONG - A Hong Kong legal organization has queried the jurisdiction of the Permanent Court of Arbitration (PCA) in The Hague to deal with an arbitration initiated unilaterally by the Philippines against China over the South China Sea disputes, citing the factual and legal errors of the case.


eca86bd9d54318cd763701.jpg


Daniel R. Fung, chairman of the Hong Kong-based Asia Pacific Institute of International Law (APIIL) receives interview by Xinhua June 16, 2016. [Photo/Xinhua]


Daniel R. Fung, chairman of the Hong Kong-based Asia Pacific Institute of International Law (APIIL), told Xinhua on Thursday that such an arbitration involving sovereignty issues should not be handled by PCA under the framework of the United Nations Convention on the Law of the Sea (UNCLOS).

On June 6, 2016, the APIIL submitted an amicus curiae (friend of the court) brief on the arbitration initiated by the Philippines to the tribunal. The brief was endorsed by several solicitors and legal experts from China's Hong Kong, Britain and Australia.

Citing a lot of international cases, the legal document addresses two key issues: jurisdiction of PCA to determine the Philippines' 15 submissions of the arbitration and justiciability of the issues raised in the submissions.
Fung, a renowned senior counsel in China's Hong Kong, said in an interview with Xinhua on Thursday that PCA has obviously overlooked the two issues.

Fung said the South China Sea disputes should be handled through diplomatic and political negotiations rather than an arbitration, especially they should not be handled under the UNCLOS.

"As friend of the court, our motivation to intervene is to maintain the perfection of the International Law system and the perfection of the arbitration tribunal which is one of the instruments of the system," Fung said.

"We are unwilling to see the international law system being jeopardized or its reputation being damaged," he said.
According to Fung, PCA has the responsibility to respond to the amicus curiae brief and the APIIL has requested an oral argument at PCA. However, PCA has not responded to the brief.

The Philippines unilaterally initiated arbitration proceedings to the Hague-based PCA against China over the South China Sea disputes in 2013. PCA ruled in 2015 that it has the jurisdiction over the case, taking up seven of the 15 submissions made by Manila.

The Chinese government has reiterated its non-acceptance and non-participation stance in the case.

The Chinese Ministry of Foreign Affairs said in its statement issued on June 8 that China has all along stood for peacefully settling territorial and maritime delimitation disputes through negotiations with states directly concerned on the basis of respecting historical facts and in accordance with the International law.

On issues concerning territorial sovereignty and maritime delimitation, China never accepts any recourse to third party settlement, or any means of dispute settlement that is imposed on it, the statement said.

An amicus curiae (literally, friend of the court) is someone as a third party to a case and offers information that bears on the case but who has not been solicited by any of the parties to assist a court. This may take the form of legal opinion or testimony and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.

Thank you for your assistance
 
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