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China: We are the victims in dispute


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china_claim_map.gif

 

China said that it was the victim in the maritime dispute over the West Philippine Sea and that it would never accept any decision by the United Nations (UN) arbitral tribunal.

“The origin and crux of the disputes between China and the Philippines in the South China Sea lie in the territorial sovereignty disputes caused by the Philippines’ illegal occupation of some islands and reefs of China’s Nansha Islands since the 1970s,†Chinese Foreign Ministry spokeperson Hua Chunying said in an official statement posted online.

 

“Being a victim of the South China Sea issue, China, bearing in mind the whole situation of regional peace and stability, has been exercising utmost restraint,†she said.

Over the course of several months while the arbitration case was ongoing, China has done massive reclamation projects on several reefs in the Spratly Islands creating artificial islands capable of hosting military structures, equipment, and personnel.

The arbitral tribunal recently concluded hearings on the case particularly on the issue of jurisdiction and admissibility.

The Philippines, led by Foreign Affairs Secretary Albert del Rosario, presented its claims while China continued to refuse to participate insisting it had “indisputable sovereignty†and “historic rights†to the South China Sea.

 

“China opposes any move by the Philippines to initiate and push forward the arbitral proceeding,†Hua said. (CAUSE YA'LL WILL LOSE)

“On issues of territorial sovereignty and maritime rights and interests, China will never accept any imposed solution or unilaterally resorting to a third-party settlement,†she said.

 

China claims the entire South China Sea through its nine-dash line concept which overlaps with the Philippines 200-nautical mile exclusive economic zone mandated by the United Nations Convention on the Law of the Sea (UNCLOS). (YALL WILL TRY TO OWN THE WORLD IF USA ISN'T EVEN AROUND)

 

Through the arbitration case filed by at the International Tribunal on the Law of the Sea (ITLOS), the Philippines hopes to clarify whether China’s claim is valid or not.

Since the Philippines backed down from the Scarborough shoal standoff back in 2012, China has been effectively exercising control over waters around the Spratly Islands off the coast of Palawan and Scarborough off the coast of Subic.

 

Filipino fishermen have told of stories of being forcibly turned away by Chinese Marine Surveillance vessels through water cannons.

Tensions over the dispute between China and the Philippines have been high since the Scarborough shoal incident where Chinese fishermen were found illegally poaching endemic and endangered Philippine marine species.

 

A standoff ensued when Philippine authorities were blocked by Chinese ships from apprehending the fishermen.

“China has always adhered to and has been committed to resolving, in accordance with international law and on the basis of respecting historical facts, relevant disputes relating to territorial sovereignty and maritime rights and interests with relevant states directly concerned through negotiation and consultation,†Hua said.

“This is China’s consistent practice, and also common practice of the international community.  China urges the Philippines to return to the right approach of resolving relevant disputes through negotiation and consultation as soon as possible,†she said.

 

 

China running out of excuses good lawd

 

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China is turning into a belligerent nation. They disregard international laws. They steal and pirate technology. They try to steal other's territories but that doesn't matter because big transnationals are making money out of their cheap labor and big spending habits. No surprises there.

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Drawn by US after WWII. :)

 

Then why is the US saying it's actually invalid 

 

‘Failing legal test’

The US study analyzed the 9-dash line using 3 interpretations: as a claim to islands, as a national boundary, and as a historic claim. It is only the first interpretation where the US said the line could be consistent with UNCLOS.

As to the third interpretation, the paper said the line failed each element of a legal test:

  1. No open, notorious, and effective exercise of authority over the South China Sea
  2. No continuous exercise of authority in the South China Sea
  3. No acquiescence by foreign states in China’s exercise of authority in the South China Sea.

“The law of the sea does not permit [maritime] entitlements to be overridden by another state’s maritime claims that are based on ‘history,’ To the contrary, a major purpose and accomplishment of the Convention is to bring clarity and uniformity to the maritime zones to which coastal States are entitled,†the paper stated.

On the second interpretation of the line as a national boundary, the State Department said that this too is inconsistent with international law.

“Moreover, dashes 2, 3 and 8 that appear on China’s 2009 map are not only relatively close to the mainland shores of other states, but all or part of them are also beyond 200 nautical miles from any Chinese-claimed land feature,†it said.

While China released a position paper on the arbitration case, it was silent on the merits of the Philippines’ claim questioning the 9-dash line. Instead, it chose to focus on jurisdiction or technical issues on the admissibility of the Philippines’ claims.

 

http://www.rappler.com/nation/77456-us-study-nine-dash-line

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we all know why they wouldn't let go of this territorial claim BS here....

and we all know why the Philippine's government couldn't fight back... :>_>: 
spratlys = oil

Arroyo 'allegedly' sold those islands to China

and we've got business moguls like Sy in this country...

 

do I need to mention that we've got P-noy as our president

 

so...

 

:donthinkso: fuck the system

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Then why is the US saying it's actually invalid 

 

‘Failing legal test’

The US study analyzed the 9-dash line using 3 interpretations: as a claim to islands, as a national boundary, and as a historic claim. It is only the first interpretation where the US said the line could be consistent with UNCLOS.

As to the third interpretation, the paper said the line failed each element of a legal test:

  1. No open, notorious, and effective exercise of authority over the South China Sea
  2. No continuous exercise of authority in the South China Sea
  3. No acquiescence by foreign states in China’s exercise of authority in the South China Sea.

“The law of the sea does not permit [maritime] entitlements to be overridden by another state’s maritime claims that are based on ‘history,’ To the contrary, a major purpose and accomplishment of the Convention is to bring clarity and uniformity to the maritime zones to which coastal States are entitled,†the paper stated.

On the second interpretation of the line as a national boundary, the State Department said that this too is inconsistent with international law.

“Moreover, dashes 2, 3 and 8 that appear on China’s 2009 map are not only relatively close to the mainland shores of other states, but all or part of them are also beyond 200 nautical miles from any Chinese-claimed land feature,†it said.

While China released a position paper on the arbitration case, it was silent on the merits of the Philippines’ claim questioning the 9-dash line. Instead, it chose to focus on jurisdiction or technical issues on the admissibility of the Philippines’ claims.

 

http://www.rappler.com/nation/77456-us-study-nine-dash-line

It was legal until 1982. :) Also China is a member of UNCLOS, they never sign all the causes. That why China still hold on to 9 dash line. Also to file dispute in court, it must be agreed to by parties. Even if Philippines win, China has no obligation to follow the rulings. China never present in courts.

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You're making Lee Kuan Yew very upset with your comments. 

 

He would be ashamed of you siding with China. 

Lee Kuan Yew has already said China will push US out of South China Sea influence. No use for Philippines use US to fight for EEZ rulings. The best is to have bilateral talk with China. :)

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Also China is a member of UNCLOS, they never sign all the causes. 

 

 

I don't understand. What do you mean 'they never sign all the causes."?

 

 

 

thank you for the link! 

 

Still in the process of understanding the whole article. 

 

 

also found this http://www.rappler.com/nation/77288-china-ph-legal-case-weak-jurisdiction

 

The Ministry of Foreign Affairs (MFA) of the People’s Republic of China released on Sunday, December 7, a position paper explaining why China is rejecting the Philippines’ arbitration case on the South China Sea. China said that The Hague-based international arbitral tribunal lacks jurisdiction or the power to decide the case.

 

Does anyone know if China has mentioned what authority they will answer to? I mean, did they say what international organization they deem authorized enough to decide the case?

 

 

The best is to have bilateral talk with China.  :)

 
 

Hmm. Is China even willing to negotiate? If ever it comes to that, I think China will bully Philippines into agreeing to China's claims.

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I think it's about the Taiwanese fisherman incident . That hostage crisis with HK tourist was a tragedy and the PNP handled. It poorly

 

http://globalnation.inquirer.net/86811/coast-guard-insists-it-was-not-liable-for-death-of-taiwanese-fisherman

 

http://www.forbes.com/sites/ralphjennings/2013/05/21/why-taiwan-wont-let-the-philippines-off-easy/

 

this is just like Binay wanting to top that pulse asia poll. 

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I don't understand. What do you mean 'they never sign all the causes."?

 

 

Hmm. Is China even willing to negotiate? If ever it comes to that, I think China will bully Philippines into agreeing to China's claims.

That mean China never agree on all the terms in UNCLOS. That why China state representatives just bush off all EEZ claims. Ironically US did not sign all the terms too.

 

At the moment, China will not bully Philippines. Note China setup New Development Bank and AIIB to help developing nation to build up basic infrastructure and industry. If she really bully Philippines, will tarnish China reputation and many counties will not co-operate with China. It is a sad thing that Philippines opt out AIIB last minute. :)

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People here, talking about China not giving a damn about the UNCLOS...but you've got this "great wall of sand" in the making to expand China's territorial claim, basically to comply w/ UNCLOS  :donthinkso:

 

not to mention they're plotting fake artifacts in the said islands to strengthen their claim. 

what is desperate?  :hurr:

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People here, talking about China not giving a damn about the UNCLOS...but you've got this "great wall of sand" in the making to expand China's territorial claim, basically to comply w/ UNCLOS  :donthinkso:

 

not to mention they're plotting fake artifacts in the said islands to strengthen their claim. 

 

what is desperate?  :hurr:

Vietnam and Philippines reclaim land in their "EEZ" zone first. Since both country did it, China has the "right" to do it and make bigger than both countries. There is a declaration on South China Sea conduct, but Philippines broke it.

http://www.asean.org/asean/external-relations/china/item/declaration-on-the-conduct-of-parties-in-the-south-china-sea

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Pft. These sound like those knetz saying "poor kim hyun joong the woman has his life in ruins aw. She had a miscarriage but no proof! Aw he broke her rib but no proof! Poor khj for meeting a woman who won't let him go easily. How dare she ask for that much compensation!"

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That mean China never agree on all the terms in UNCLOS. That why China state representatives just bush off all EEZ claims. Ironically US did not sign all the terms too.

 

At the moment, China will not bully Philippines. Note China setup New Development Bank and AIIB to help developing nation to build up basic infrastructure and industry. If she really bully Philippines, will tarnish China reputation and many counties will not co-operate with China. It is a sad thing that Philippines opt out AIIB last minute. :)

 

But according to this http://www.un.org/depts/los/reference_files/chronological_lists_of_ratifications.htm China ratified UNCLOS on June 7, 1996? 

 

 

And this is from Wiki but yeah it says:

 

 Although the United States helped shape the Convention and its subsequent revisions,[5] and though it signed the 1994 Agreement on Implementation, it has not signed the Convention as it objected to Part XI of the Convention.[6][7] This follows a principle the U.S. has, not to sign or obey international conventions or standards, unless the government determines that doing so directly benefits the U.S.

 

https://en.wikipedia.org/wiki/List_of_parties_to_the_United_Nations_Convention_on_the_Law_of_the_Sea

 

I've heard about AIIB.. I'm seeing it as China wanting to expand it's power over those prospective nations. I don't think China is doing it solely out of good nature, as in wanting to "help out" other countries. There's something more to it. And I think the Philippines being an ally of the US is part of the reason why Philippines bowed out of AIIB. 

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