Tribunal rejects China's expansive South China Sea claims; China responds

[MikeWB]

THE HAGUE, Netherlands (AP) -- An international tribunal rejected China's extensive claims in the South China Sea in a landmark ruling Tuesday that also found the country had aggravated the seething regional dispute and violated the Philippines' maritime rights by building up artificial islands that destroyed coral reefs and by disrupting fishing and oil exploration.

While the decision is seen as a major legal declaration regarding one of the world's most contested regions, China immediately rejected it as a "farce" and the true impact is uncertain given the tribunal has no power of enforcement.

While the findings cannot reverse China's actions, it still constitutes a rebuke, carrying with it the force of the international community's opinion. It also gives heart to small countries in Asia that have helplessly chafed at China's expansionism, backed by its military and economic power.

"The Philippines strongly affirms its respect for this milestone decision as an important contribution to ongoing efforts in addressing disputes in the South China Sea," Philippine Foreign Secretary Perfecto Yasay said in Manila, calling on "all those concerned to exercise restraint and sobriety."

Former Foreign Secretary Albert del Rosario, who helped oversee the filing of the case, said the ruling underscored "our collective belief that right is might and that international law is the great equalizer among states."

Del Rosario stressed that it was important for the ruling to be accepted by all.

"For the sake of maintaining international order, it is imperative that the Award and clarification of maritime entitlements be accepted by all relevant countries - without exception - so that we can work together on how remaining issues can be peacefully resolved," he said.

Six regional governments have overlapping territorial claims in the South China Sea, waters that are rich in fishing stocks and potential energy resources and where an estimated $5 trillion in global trade passes each year.

The disputes have also increased friction between China and the United States, which has ramped up its military presence in the region as China has expanded its navy's reach farther offshore.

U.S. Defense Secretary Ash Carter said the ruling is an opportunity for everyone in the region to act in a sensible way in accordance with the rule of law in order to settle disputes. Carter spoke at a news conference in Afghanistan where he was meeting with U.S. commanders.

The U.S. State Department called on both parties to comply with their obligations, according to a statement from spokesman John Kirby. The United States has not taken sides in the South China Sea disputes but has worked to ensure freedom of navigation and overflight in the region are maintained.

The Philippines, under a U.N. treaty governing the seas, asked in 2013 for arbitration on a number of issues it had with treaty co-signee China.

The five-member panel from the Permanent Court of Arbitration in The Hague, Netherlands, unanimously concluded China had violated its obligations to refrain from aggravating the dispute while the settlement process was ongoing.

It also found that China had interfered with Philippine petroleum exploration at Reed Bank, tried to stop fishing by Philippine vessels within the country's exclusive economic zone and failed to prevent Chinese fishermen from fishing within the Philippines' exclusive economic zone at Mischief Reef and Second Thomas Shoal.

China, which boycotted the entire proceedings, reiterated that it does not accept the panel's jurisdiction. China "solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it," a statement from the foreign ministry said.

It added that "China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards." The ministry repeated China's often-expressed stance that the Philippines' move to initiate arbitration without China's consent was in "bad faith" and in violation of international law.

A professor of Asian political economy said the ruling could be a "transformative moment" in the region.

Speaking outside the Peace Palace in The Hague, Leiden University professor Jonathan London said the decision will "give countries with a common interest in international norms something to point to and to rally around."

He said they can say to China: "Look, here are the results of an international organization that has found that your claims have zero historical basis."

Japan's Foreign Minister Fumio Kishida said the tribunal's decision is "final and legally binding" and that the two sides should comply with it. He said in a statement that "Japan strongly expects that the parties' compliance with this award will eventually lead to the peaceful settlement of disputes in the South China Sea."

China considers bilateral talks with the other claimants the only way to address the South China Sea disputes.

It has said vast areas of the South China Sea have been Chinese territory since ancient times and demarcated its modern claims with the so-called nine-dash line, a map that was submitted under the U.N. treaty. Manila brought the case to arbitration because China's claims infringe upon its own 200-mile exclusive economic zone.

The tribunal said that any historical resource rights China may have had were wiped out if they are incompatible with exclusive economic zones established under the U.N. treaty, which both countries have signed.

It also criticized China for building a large artificial island on Mischief Reef, saying it caused "permanent irreparable harm" to the coral reef ecosystem and permanently destroyed evidence of the natural conditions of the feature.

Just before the panel announced its ruling, a busload of Chinese tourists arrived outside the court building in The Hague and joined a handful of other protesters in shouting down three people calling for China to leave Philippine waters. In Manila, dozens of rallying Filipinos jumped for joy, wept, embraced each other and waved Philippine flags after news of their victory. One held up a poster that said: "Philippine sovereignty, non-negotiable."

The aftermath of the ruling could be greatly influenced by new Philippine President Rodrigo Duterte, who took office late last month and inherited a case filed by his predecessor. Duterte has spoken of having friendlier relations with China and said last week his government stood ready to talk to Beijing if it got a favorable ruling. It remains to be seen, however, how far Duterte can stray from Manila's previously critical stance, given his country's growing nationalist sentiment against China's actions.

Vietnam, meanwhile Tuesday, accused Chinese vessels of sinking a Vietnamese fishing boat in disputed waters. Nguyen Thanh Hung, a local fisheries executive in the central province of Quang Ngai, said two Chinese vessels chased and sank the Vietnamese boat around midday Saturday as it was fishing near the Paracel islands. The five fishermen were rescued by another trawler around seven hours later.

Vietnam's government welcomed the ruling in the Philippines' case.

http://hosted.ap.org/dynamic/stories/S/SOUTH_CHINA_SEA_RULING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-07-12-06-24-07



S. China Sea arbitration: A US-led conspiracy behind the farce
By Wang Xiaohui (China.org.cn)    17:48, July 12, 2016


Since U.S. President Barack Obama took office, "Pivot to Asia" has become one of Washington's political pursuits and military strategies. The disputes between China and the Philippines over the South China Sea, which was provoked by former Philippine President Aquino III, came just in time as it offered Washington a good excuse and easy approach to return to the region.

In January 2013, the Philippines unilaterally initiated arbitral proceedings on the South China Sea issue. To circumvent the law, it secretly changed relative concepts, deliberately separated the Nansha Islands, and asked the tribunal to issue an award over the legal status and maritime claims of some of the islands and reefs that belong to the Nansha Islands as a whole.

What Aquino III did was a clear violation of international law. However, Washington chose to ignore the facts and the law, giving full support to its flunkey in Asia without hesitation.

So, we can tell that Washington has taken sides from the very beginning. What has it done before and behind the curtain then? Generally, it took four kinds of actions.

First, colluding with its allies to rubbish China.

Regarding the South China Sea arbitration, U.S. government officials and media have expressed many negative opinions of China, so as to portray Beijing as a "violator" of international order. U.S. Secretary of Defense Ash Carter used to say in public that China's activity in the South China Sea could lead to a "great wall of self-isolation." Japan, as an ally of Washington, was also active and enthusiastic in helping the U.S. to suppress China.

Second, showing off military force and putting pressure on China.

The U.S. has been stepping up military actions in the South China Sea recently. Particularly, in the middle of June, two U.S. aircraft carriers, the USS John C. Stennis and USS Ronald Reagan, launched joint operations in the South China Sea, staging a show of force aimed at China.

In the meantime, Japan also launched joint military exercises with the Philippines and conducted arms sales with the latter, which is meant to put pressure on China. On July 8, Washington and Seoul jointly announced the deployment of the THAAD (Terminal High Altitude Area Defense) systems in South Korea, and the ulterior motive behind it was obvious enough.

Third, playing China and ASEAN countries off each other.

Chu Yin, a research fellow at the Center for China and Globalization said that "the U.S. escalates the tensions in the South China Sea with an essential purpose of containing China." For the U.S., sabotaging the relations between China and ASEAN countries is an effective way to hinder China's development, apart from being a best solution with low cost and high efficiency to increase Southeast Asian countries' dependence on it.

Fourth, manipulating the international arbitration tribunal and complicating the South China Sea issues into a "dead knot."

Once the arbitration tribunal makes a verdict against China, it will amount to fulfilling the U.S. purpose, putting an end to the tranquility in the South China Sea. In that case, the prospects for China-Philippine disputes to get resolved peacefully will be reduced.

In addition, the United States has been calculating the timing and progress of the arbitration. Initially, the U.S. had the press leak the message that the arbitration result would be announced on July 7, making all involved parties tense. Later on June 29, the secretariat of arbitration tribunal said July 12 would be the date when the verdict on the concrete issues of the Philippine-led arbitration on the South China Sea would be made public.

The timing of the announcement totally reflected the U.S. calculations as June 30 was the date that the new Philippine President Rodrigo Duterte was to be sworn in. Picking this date to announce the verdict represents no more than a backing up of the new Philippine government, a move that the U.S. hopes will minimize the possible improvement between China-Philippine relations.

The U.S. actions near China, particularly those on the South China Sea issues, are part of its Asia-Pacific Rebalance strategies. Its intentions are no more than containing China to preserve its interests in the Asia-Pacific region and its global hegemony.

The U.S. motives are apparent to the world, especially to the Chinese people. The current China is nothing like the country it was one hundred years ago. Any act that tries to violate China's territorial sovereignty will fail.

The author is Editor-in-Chief of China.org.cn.

http://en.people.cn/n3/2016/0712/c90000-9085051.html

[Christopher Marlowe]

You can't build an island in the ocean and then claim a territorial right. The area in dispute is far from China, and more naturally seen to pertain to other countries that are much closer (and militarily weaker).  The fact that the US is a big hypocrite and serial violator of these same types of rights is not relevant to the judgment. 

[MikeWB]

US is a lot more sophisticated when it comes to these territorial acquisitions... US bribes, overthrows governments, corrupts politicians, threatens sanctions...  until it gets its way and a country relents and gives in.

Have you seen that 9 dash line chart from China? Nuts!



https://en.wikipedia.org/wiki/Nine-dash_line