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For South China Sea claimants, a legal venue to battle China
« on: February 13, 2014, 12:36:53 PM »
For South China Sea claimants, a legal venue to battle China

Reuters
By Greg Torode
13 February 2014


2014-02-13T024524Z_1_CBREA1C07NT00_RTROPTP_2_CNEWS-US-CHINA-VIETNAM - For South China Sea claimants, a legal venue to battle China - Asia | Middle East
Chinese naval soldiers stand guard on China's first aircraft carrier Liaoning, as it travels towards a military base in Sanya

HONG KONG (Reuters) - When Philippine President Benigno Aquino compared China to the Germany of 1938 and called for global support as his country battles Beijing's claims in the South China Sea, he put the focus on a case that Manila has filed in an international court.

The Philippines has taken its dispute with China to arbitration under the United Nations' Convention on the Law of the Sea and its lawyers say that the tribunal has discretionary powers to allow other states to join the action.

China is refusing to participate and has already warned Vietnam against joining the case being heard at the Permanent Court of Arbitration at The Hague, sources have said. Hanoi has so far kept its options open.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=77566.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #1 on: February 13, 2014, 12:37:26 PM »
Any final ruling by the court on the dispute, one of the most tense flashpoints in Asia, cannot be enforced but will carry considerable moral and political weight, analysts say.

"If a large number of countries, including members of ASEAN, speak out in support of the application of international law to resolve disputes, Beijing might conclude that flouting the ruling of the tribunal is too costly, even if China's nine-dash line is found to be illegal," said Bonnie Glaser at the Centre for Strategic and International Studies in Washington.

ASEAN, or the Association of Southeast Asian Nations, groups four of the claimants to the sea - Malaysia, the Philippines, Brunei and Vietnam - and six other countries in the region.


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #2 on: February 13, 2014, 12:38:03 PM »
China, and also Taiwan, claim much of the sea through a nine-dash line on Chinese maps that encompasses about 90 percent of its 3.5 million sq km (1.35 million sq mile) waters. The sea provides 10 percent of the global fisheries catch and carries $5 trillion in ship-borne trade each year.

In an interview with the New York Times last week, Aquino compared China's claims to Germany in 1938.

"At what point do you say, ‘Enough is enough'? Well, the world has to say it — remember that the Sudetenland was given in an attempt to appease Hitler to prevent World War 2," he said.

Beijing has called the comparison outrageous.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #3 on: February 13, 2014, 12:39:54 PM »
Admiral Samuel Locklear, head of the U.S. Pacific Command, and Daniel Russel, U.S. Assistant Secretary of State for East Asia and the Pacific, both voiced support last week for the Philippines' action in seeking a peaceful, lawful solution.

The U.S. comments came after increasingly assertive moves by China in the South China Sea in recent weeks.

"There is a growing concern that this pattern of behavior in the South China Sea reflects an incremental effort by China to assert control over the area contained in the so-called "nine-dash line," despite the objections of its neighbors and despite the lack of any explanation or apparent basis under international law regarding the scope of the claim itself," Russel said in testimony to a congressional sub-committee.

The issue could also come up when Secretary of State John Kerry visits Beijing this week.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #4 on: February 13, 2014, 12:40:58 PM »
ASSERTIVE BUT WARY

China's state media has reported a patrol by two destroyers and a large amphibious landing ship at the James Shoal - about 80 km (50 miles) off the coast of the Malaysian state of Sarawak.

While Malaysia's navy chief denied the reports, China's official Xinhua news agency has since described how the ships have continued south, passing through Indonesia's strategic Lombok and Makassar straits to reach the Indian Ocean.

Official Chinese reports last month also announced the basing of a 5,000-tonne civilian patrol ship in the Paracel Islands, which are claimed by Vietnam.


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #5 on: February 13, 2014, 12:41:45 PM »
Provincial authorities on the Chinese island of Hainan, meanwhile, have extended fishing restrictions into international waters - a step that sparked protests from Hanoi and Manila.

Despite the lack of physical opposition to its moves, China appears to be wary about the proceedings in the court at The Hague.

Chinese officials have warned Hanoi against joining the case, Vietnamese officials have privately said.

Carl Thayer, a South China Sea expert at the Australian Defense Force Academy in Canberra, said he had been told by Vietnamese officials that one such warning was delivered by Foreign Minister Wang Yi during a visit to Hanoi last September.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #6 on: February 13, 2014, 12:42:13 PM »
"Vietnam has so far stood up to the pressure and clearly reserved the right to take any step if it feels its national interests are at stake," Thayer said.

Luong Thanh Nghi, a spokesman for Vietnam's Foreign Ministry, did not comment directly on Chinese pressure, including specific warnings from Wang, but told Reuters that Hanoi was closely monitoring Manila's legal moves.

When asked whether Hanoi had decided on whether it would take part in the case, Nghi pointed to previous statements that Vietnam would apply "all necessary and appropriate peaceful means" to protect its sovereignty and national interests.

Other Vietnamese officials said while it was unlikely Hanoi would join the case given its close but complex relationship with China, they were scrutinizing developments closely, including talking to foreign legal experts.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #7 on: February 13, 2014, 12:43:00 PM »
In Beijing, Chinese Foreign Ministry spokeswoman Hua Chunying reiterated China's objections to the Philippines' action and said China and Vietnam had reached an "important consensus" over how to resolve the South China Sea dispute.

"We are willing to maintain close touch with Vietnam and co-ordinate with them, to resolve the issue via friendly talks and consultation."

Manila's five U.S. and British lawyers are finalizing submissions to be put to the court before a March 30 deadline to show that China's "nine-dash line" claim is invalid under the Law of the Sea.

Philippines' lead counsel Paul Reichler, a Washington-based lawyer with the law firm Foley Hoag, said the arbitration tribunal had adopted rules that effectively allowed other states to apply to intervene.


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #8 on: February 13, 2014, 12:45:12 PM »
While no one had yet stepped forward "there is still plenty of time to do so," he told Reuters.

A copy of the rules obtained from the court by Reuters last week does not mention third country interventions but gives the tribunal judges the power to decide on outside issues not covered by the document.

Clive Schofield, a legal expert at the Australian National Centre for Ocean Resources and Security at the University of Wollongong, said the wording of the rules allowed for considerable leeway.

"I do not believe that either one of the parties can block (third country) submissions should the tribunal members deem them to be helpful in determining the outcome of the case," he said.

(Additional reporting by Ben Blanchard in BEIJING, Manuel Mogato in MANILA and Stuart Grudgings in KUALA LUMPUR; Editing by Raju Gopalakrishnan)

http://news.yahoo.com/

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #9 on: February 13, 2014, 12:48:23 PM »
Editorial

Enough

Philippine Daily Inquirer
Thursday, February 13th, 2014


In the worsening dispute over China’s aggressive expansionism in the West Philippine Sea, President Aquino and the national government can rely on robust public support.

Last December, the Social Weather Stations polling organization included several foreign-affairs-related questions in its Fourth Quarter Social Weather Report. It found that, among Filipinos aged 18 and older, a great majority or 73 percent was aware of the dispute (“ang pagtatalo,” in the survey’s original Filipino) between the Philippines and China. A smaller proportion of 61 percent—still a solid majority—was aware that the Philippines had filed a case against China with the United Nations; however, an overwhelming majority of survey respondents, or 82 percent, said they either “strongly agreed” or “somewhat agreed” with the filing of the case.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #10 on: February 13, 2014, 12:49:09 PM »
It would be interesting to find out if a similar political opinion survey can be conducted in China—still a rare event, 35 years after Deng Xiaoping’s famous opening of the Chinese economy—to gauge public reception of Beijing’s decision to ignore the legal process altogether. To be clear, the survey questions should not be phrased in terms of nationalism; we are only too aware that an increasingly capitalistic Communist Party of China has integrated an assertive nationalism into the governing ideology, and the hypothetical survey will in all probability reflect that. The much narrower issue involves the legal system created by the United Nations Convention on the Law of the Sea (Unclos), to which China is also a signatory. Will a majority of Chinese citizens support Beijing’s rejection of Unclos’ own arbitral procedures?

We can only be certain of the Chinese government’s position, and those of institutions it controls, such as state media. (The so-called “patriotic youths” populating Chinese Internet sites do not qualify as a random sample.)

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #11 on: February 13, 2014, 12:49:37 PM »
After Mr. Aquino in a high-profile New York Times interview provocatively compared the present situation of the dispute with the failed attempt to appease Nazi Germany’s territorial ambitions in 1939, the first response from China was a signed commentary published by Xinhua, the government news agency. Mr. Aquino’s remarks, the commentator said, “exposed his true colors as an amateurish politician who was ignorant both of history and reality.” The commentary went on to say that the President, “who has taken an inflammatory approach … has never been a great candidate for a wise statesman in the region.”


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #12 on: February 13, 2014, 12:50:44 PM »
The Chinese foreign ministry followed up with the diplomatic equivalent of the ignorant-leader critique. Ministry spokesperson Hong Lei said: “As an unwavering upholder of international justice, China made [a] huge sacrifice and [an] indelible historical contribution to the victory of the World Anti-Fascist War. It is inconceivable and unreasonable to place the China-Philippines South China Sea disputes in the same category with the WWII history. The Chinese side is shocked at and dissatisfied with the remarks from the Philippine side” (quote as recorded by Vera Files).

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #13 on: February 13, 2014, 12:51:31 PM »
In truth, Mr. Aquino’s analogy from World War II emphasized the appeasement policy of the war-weary major European powers; they allowed Germany to annex the Sudetenland in the (vain) hope that the takeover would satisfy Germany’s appetites. The comparison to the Third Reich was not the main point of the analogy. (Indeed, it was an Agence France-Presse report that asserted that Mr. Aquino had compared China’s leaders to Hitler; the President’s interview and an unedited transcript are easily available on gov.ph.)

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #14 on: February 13, 2014, 12:51:55 PM »
Perhaps a better analogy to use would have been China’s tangled history of concessions, the occupation and administration of Chinese territories by foreign powers, particularly in the 19th century. (This history is part of the so-called century of humiliation that China endured, and which helps motivate present-day Chinese nationalism.) President Aquino could have used that analogy, where a weak China was forced to accept “unequal treaties,” and still ask the questions he deemed most important:

“If we say yes to something we believe is wrong now, what guarantee is there that the wrong will not be further exacerbated down the line? At what point do you say, ‘Enough is enough’”?

http://opinion.inquirer.net/


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #15 on: February 13, 2014, 12:58:52 PM »
Chinese officials have warned Hanoi against joining the case, Vietnamese officials have privately said.

Carl Thayer, a South China Sea expert at the Australian Defense Force Academy in Canberra, said he had been told by Vietnamese officials that one such warning was delivered by Foreign Minister Wang Yi during a visit to Hanoi last September.[/b]
whew!  there it goes, the bullying...

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #16 on: February 13, 2014, 01:54:09 PM »
Beijing has called the comparison outrageous.[/b]
(Indeed, it was an Agence France-Presse report that asserted that Mr. Aquino had compared China’s leaders to Hitler; the President’s interview and an unedited transcript are easily available on gov.ph.)[/b]
worth counterchecking.  some news reporters can exceed their own imagination, if not their own sense of history and bias.

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Re: For South China Sea claimants, a legal venue to battle China
« Reply #17 on: February 14, 2014, 11:37:27 AM »

Yes, and it doesn't help with this kind of news reporting that only inflames the passions and nationalism of people in China. Aquino was merely warning of the territorial aspect, not the mass killings.

In addition: Wasn't it the Nationalist Government of the Republic of China (And not the Communist Government) headed by Generalissimo Chiang Kai Shek that declared war on the Axis? The Nationalist Government , then, held the mandate of power and not the Communists. The latter received the mandate in 1949...some 4 years after the end of the pacific war.

Oh man... :P


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Re: For South China Sea claimants, a legal venue to battle China
« Reply #18 on: February 14, 2014, 11:46:19 AM »
Today i was talking to fellow, si Dr. Zhang. During our off time, I asked him about his opinion on the current crisis in the south china sea. It was sobering to see that he agrees that the Communist government is being uncompromising in this issue. Then again, Zhang is a nationalist and despises the communists lol. Taiwanese man gud.





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