Tag Archives: South China Sea

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The South China Sea nine-dash line

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Stockholm, July 15(Greenpost)–The South China Sea territorial disputes between China and its neighbours can be partly traced to an internal map published by the Republic of China government in 1947 that included an “eleven-dash line” enclosing much of the waters. China did not explain the significance of the line at the time. It was adopted by the People’s Republic of China government after the Communists came to power two years later. Then, in 1953, China unveiled a new map with a “nine-dash line” that covered a slightly smaller area of the South China Sea, losing two dashes that ran through the Gulf of Tonkin between China and Vietnam.
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The US remained silent on the “nine-dash line” until February 2014 when Daniel Russel, a top state department official, said China should clarify its meaning.
Trefor Moss, 12 September, 2013:
Diaoyu/Senkaku islands … administered from Taiwan long before Japan annexed them.
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China arguably has a decent case regarding Scarborough Shoal. Here’s one important element of the case: China publicised its claim in 1948, and it took the Philippines five decades to object and counter with a claim of its own. Prima facie, that strengthens China’s claim quite substantially.
On the Permanent Court of Arbitration (PCA):
From wikipedia:
The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states, international organizations, or private parties. It should not be confused with the International Court of Justice which is the primary judicial branch of the United Nations, while the PCA is not a UN agency.
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1899
The court was established in 1899 by the first Hague Peace Conference. The Peace Palace was built for the Court in 1913 with funds from American steel magnate Andrew Carnegie.
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Unlike the judges from the International Court of Justice who are paid by the UN, members of the PCA are paid from that same income the PCA earns.
South China Morning Post, 14 July, 2016:
The Permanent Court of Arbitration rents space in the same building as the UN’s International Court of Justice, but the two organisations are not related.
Members of «the court»:
Most of them come from countries unfriendly towards China – and most of these countries are characterized by heavy American news domination:
Many «international courts» are also dominated by American lawyers. Here is one reasons:
From Yale Law School guide (2012):
This guide provides information regarding some of the courts outside of the U.S.—international tribunals and intergovernmental courts, as well as national courts—where current law students and graduates may find temporary positions, paid and unpaid:
On UNCLOS
Huffington Post on UNCLOS: China, the Philippines and the Rule of Law
The threshold question really is whether the PRC can be bound by UNCLOS courts and tribunals, including its arbitral panels. The PRC ratified UNCLOS in 1996, but in 2006 the Chinese government filed a statement with UNCLOS saying that it “does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a), (b), and (c) of Article 298 of the Convention.” These provisions of the Convention refer to “Compulsory Procedures Entailing Binding Decisions” issued by at least four venues: the International Tribunal on the Law of the Sea, the International Court of Justice, an “arbitral tribunal” which may refer to the Permanent Court of Arbitration (PCA), and a “special arbitral tribunal.”
While there are venues available for the resolutions of disputes under the UNCLOS regime, the PRC does not wish to be bound by its compulsory processes — the ICJ and PCA included.
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The PRC knew this day would come. Its 2006 statement effectively served as a “reservation” against any binding outcome of UNCLOS’s grievance procedure in the future.
Maps:
By LPJ: «The South China Sea Arbitration: A Chinese Perspective», most part of the book are accessible through Google Books:
From page 193:
(By Demetri Sevastopulo )
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Top story: China’s stance on its Territorial Sovereignty and Maritime Rights and interests in the South China Sea

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STOCKHOLM, July 12, (Greenpost)- Chinese government has issued a statement on its stance on the South China Sea.

The following is the full text of the statement:

Statement of the Government of the People’s Republic of China on China’s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea

2016/07/12

To reaffirm China’s territorial sovereignty and maritime rights and interests in the South China Sea, enhance cooperation in the South China Sea with other countries, and uphold peace and stability in the South China Sea, the Government of the People’s Republic of China hereby states as follows:

I. China’s Nanhai Zhudao (the South China Sea Islands) consist of Dongsha Qundao (the Dongsha Islands), Xisha Qundao (the Xisha Islands), Zhongsha Qundao (the Zhongsha Islands) and Nansha Qundao (the Nansha Islands). The activities of the Chinese people in the South China Sea date back to over 2,000 years ago. China is the first to have discovered, named, and explored and exploited Nanhai Zhudao and relevant waters, and the first to have exercised sovereignty and jurisdiction over them continuously, peacefully and effectively, thus establishing territorial sovereignty and relevant rights and interests in the South China Sea.

Following the end of the Second World War, China recovered and resumed the exercise of sovereignty over Nanhai Zhudao which had been illegally occupied by Japan during its war of aggression against China. To strengthen the administration over Nanhai Zhudao, the Chinese government in 1947 reviewed and updated the geographical names of Nanhai Zhudao, compiled Nan Hai Zhu Dao Di Li Zhi Lüe (A Brief Account of the Geography of the South China Sea Islands), and drew Nan Hai Zhu Dao Wei Zhi Tu (Location Map of the South China Sea Islands) on which the dotted line is marked. This map was officially published and made known to the world by the Chinese government in February 1948.

II. Since its founding on 1 October 1949, the People’s Republic of China has been firm in upholding China’s territorial sovereignty and maritime rights and interests in the South China Sea. A series of legal instruments, such as the 1958 Declaration of the Government of the People’s Republic of China on China’s Territorial Sea, the 1992 Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone, the 1998 Law of the People’s Republic of China on the Exclusive Economic Zone and the Continental Shelf and the 1996 Decision of the Standing Committee of the National People’s Congress of the People’s Republic of China on the Ratification of the United Nations Convention on the Law of the Sea, have further reaffirmed China’s territorial sovereignty and maritime rights and interests in the South China Sea.

III. Based on the practice of the Chinese people and the Chinese government in the long course of history and the position consistently upheld by successive Chinese governments, and in accordance with national law and international law, including the United Nations Convention on the Law of the Sea, China has territorial sovereignty and maritime rights and interests in the South China Sea, including, inter alia:

i. China has sovereignty over Nanhai Zhudao, consisting of Dongsha Qundao, Xisha Qundao, Zhongsha Qundao and Nansha Qundao;

ii. China has internal waters, territorial sea and contiguous zone, based on Nanhai Zhudao;

iii. China has exclusive economic zone and continental shelf, based on Nanhai Zhudao;

iv. China has historic rights in the South China Sea.

The above positions are consistent with relevant international law and practice.

IV. China is always firmly opposed to the invasion and illegal occupation by certain states of some islands and reefs of China’s Nansha Qundao, and activities infringing upon China’s rights and interests in relevant maritime areas under China’s jurisdiction. China stands ready to continue to resolve the relevant disputes peacefully through negotiation and consultation with the states directly concerned on the basis of respecting historical facts and in accordance with international law. Pending final settlement, China is also ready to make every effort with the states directly concerned to enter into provisional arrangements of a practical nature, including joint development in relevant maritime areas, in order to achieve win-win results and jointly maintain peace and stability in the South China Sea.

V. China respects and upholds the freedom of navigation and overflight enjoyed by all states under international law in the South China Sea, and stays ready to work with other coastal states and the international community to ensure the safety of and the unimpeded access to the international shipping lanes in the South China Sea.

Source: Website of Chinese Ministry for  Foreign Affairs.
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South China Sea Islands belong to China: Li

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By Xuefei Chen Axelsson

STOCKHOLM, May 4(Greenpost)– Overseas Chinese leaders in Sweden Wednesday gathered at the Chinese Embassy in Stockholm to discuss the situation in the South China Sea.

DSC_9412Li Junfeng, Charge D’affair at the Chinese Embassy said at the gathering that he has heard some western reports proposing such questions such as South China Sea Islands are so far away from Chinese mainland, how can that belongs to China?

“The territories and jurisdictions are not decided by how far it is away from the mainland. Hauwaii sits far away from the American mainland, but no one can deny that it belongs to America.  In fact, South China Sea Islands belong to China since ancient times. China is the first to discover, name and develop these islands. Chinese government exerted its sovereign rights over these islands. Chinese government has published the names of these islands in 1935, 1947 and 1983. ”

During the Japanese invasion and occupation of China in the 1930s, the islands were temporarily occupied by the Japanese. But after the Second World War when Japanese was defeated by the Atomic Bombs thrown in by the Americans, China took back these Islands with the observance of the United States and the International Communities. It was well recognised by the International Communities.

There were no disputes before the 1970s. However,  after the 1970s, the Philippines illegally occupied eight small islands through four military actions causing the South China Sea dispute.

In 1999, the Philippines sent a ship to an island there and left there. When the Chinese side went to ask them to leave, the Philippine side said they lost a screw in the ship. They would leave later when they get the ship repaired.  But that was an excuse. Since then they never left.

Now the Philippines claimed that they occupied the island since then. But the Chinese side holds that the Philippines action was illegal. He criticised the Philippines action of illegally occupying some islands.

He also said that China insists on solving the dispute through peaceful negotiations and ASEAN countries should work together for a common prosperity in the region.

“China believes in that saying: Relatives from far away is not as useful as a neighbour which lives nearby.  Let alone China and the Philipines share similar oriental culture. Sooner or later, the friendly relations between the two countries should be resumed, and that should be the right track,”  said Li.

“China has never changed its stance of leaving dispute aside and achieving common development,” said Li.

His stance was supported by the Chinese in Sweden.

DSC_9433James Wang, President of the Chinese Federation of Industry and Commerce in Sweden said South China Sea Islands belonged to China since ancient times. It is hard to believe that other countries claim them.  China has the full right to protect its own territories.

DSC_9437Peiqun Ye, Executive Director of Swedish National Federation of Chinese Associations said as China grows stronger, the dispute will be less. He hopes that in a couple of years, the situation will change for the better.

DSC_9439Liran Yang, former chairwoman of Stockholm Chinese Cultural Association said all the women of the Chinese origin or second generation should exert their influence by giving true explanation of Chinese history and evidence that China owns the South China Islands.

DSC_9429Yuli Wang, Vice President of the Swedish Chinese Federation of Industry and Commerce said he doesn’t rule out the possibility that some people are jealous of China’s develepment over the past years and want to disturb the peaceful environment China enjoys.

Jisheng Wang, honorary Chairman of Swedish Chinese Federation said China has no doubt to hold its bottom line about the South China Sea Islands which belonged to Chinese since ancient times.

“The Philippines has been colonised many times by other invaders, but with China, similar to other parts of China, the Philippines used to pay tribute to the Chinese. It is right not to recognise the Philippines’ unilateral action about the South China Sea Islands,” said Wang.

About 20 Chinese leaders of various associations in Sweden attended the talk and expressed support for China’s stance on the so-called South China Sea issue.

For Chinese it is not an issue, but other countries around the South China Sea began to claim some islands and even occupy them illegally.

DSC_9395Li Junfeng said the Philippines claimed Huangyan Island and other smaller islands belong to them. But the fact is that according to the Paris Treaty signed in 1898, The Washington Treaty signed in 1900, British and American Treaty in 1930, the Philippines’ western border lies in 118 degree in longitude.  And Huangyan and other Islands lie in the west of 118 degree in longitude. After the Philippines got independent, its national law recognizes the relevant treaties about its territories.

In 2013, the Philippines sued China to the International Arbitration Tribunal in the Hague. China accused the Philippines went against their promises of solving the problems through bilateral negotiations.

It is hoped that the current Philippine presidential election will vote out the Aquino government so that the South China Sea issue calms down.

Swedish Foreign Minister Margot Walström said at least the South China Sea area is in peace. In deed, China has actually played a great role in stablizing the Asian situation and bringing prosperity in the region with the focus on  booming economic development.

Many people in China actually think the government was not tough enough in dealing with the dispute. But many wise Chinese drew the lessons of American invasion of Iraq.

It is easy to enter into a war, but it is difficult to withdraw from the war.  “Man can say that they won the war but lost the peace,” said Li.

He said hegemonism doesn’t work because China is still a developing country and China needs a peaceful environment for economic and social development. Some super powers have taken impulse actions and created a lot of enemies for themselves. That is not good for a harmonious world.

China still embraces the idea of building a harmonious world with its neighbours and all the people who love peace.

 

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China lodges protest with U.S. on warship patrol in South China Sea

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BEIJING, Oct. 27 (Greenpost) — The Foreign Ministry on Tuesday expressed “strong  discontent” and “resolute opposition” over a U.S. warship patrol near Zhubi Reef, which is part of China’s Nansha Islands in the South China Sea.

This action by the United States threatens China’s sovereignty and security interests, endangers the safety of personnel and facilities in the reef, and harms regional peace and stability, ministry spokesperson Lu Kang said in a statement.

Lu urged the U.S. to “immediately correct its wrongdoing.”

Earlier on Tuesday, the U.S. warship USS Lassen entered waters near Zhubi Reef without the permission of the Chinese government, according to Lu.

The U.S. warship was monitored, tracked and issued with warning, said the spokesperson, adding that China will continue to watch the situation and “do whatever is necessary.”

Stressing that China’s sovereignty over the Nansha Islands and its adjacent waters is “irrefutable,” Lu said China is prepared to respond to any deliberate provocation by any country.

China respects other countries’ freedom of navigation in accordance with international law, Lu said, however, China is firmly opposed to any action that harms China’s sovereignty and security in the name of freedom.

The construction activities undertaken by China on its own territory is an internal affair and will not block the legal freedom of other countries, the spokesperson said.

The U.S. side should remember its commitment that it would take no position on territorial disputes, as this would damage China-U.S. ties and regional peace, said Lu.

Earlier Tuesday, Foreign Minister Wang Yi, in response to a question on the U.S. Navy’s intention at a seminar, warned the U.S. not to “make trouble out of nothing.”

“If it is true, we advise the U.S. to think twice before it takes any action,” he said, urging them “not to act in an imprudent way and not to make trouble out of nothing.” Enditem

Source: Xinhua

Editor: Xuefei Chen Axelsson

 

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China Voice: South China Sea issue should not hinder China-U.S. ties

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China Voice: South China Sea issue should not hinder China-U.S. ties

BEIJING, June 1 (Greenpost) — A series of actions and words by the United States are an overreaction on the South China Sea issue, which only lead to their international credibility being affected.

A U.S. anti-submarine and maritime surveillance aircraft flew over waters off China’s Nansha Islands last month. Onboard the aircraft was also a CNN team, which claimed they had been given permission by the Pentagon.

Clearly the United States wanted to play up China’s island construction activities to portray it as a threat to regional stability.

Speaking on his way to Singapore to attend the annual Shangri-La Dialogue security forum last week, U.S. Defense Secretary Ash Carter called for an end to island-building in the South China Sea, despite the fact that Beijing has repeatedly elaborated that China’s construction on the islands, besides meeting necessary defense needs, mostly serves civil purposes.

For a long time, the South China Sea has maintained peace and stability with the freedom of navigation fully upheld. China’s construction activities on the Nansha islands and reefs are entirely within China’s sovereignty. They are lawful, justified and reasonable and do not affect or target any particular country.

China’s sovereignty, rights and interests in the South China Sea have been consistently upheld by successive Chinese governments and established over a long history, with ample historical and legal basis.

China’s stand has been firm and clear: It will not want anything that does not belong to it, but it will ensure each inch of land it owns safe and sound.

Currently, China and ASEAN countries have identified a “dual track” approach on the South China Sea, which calls for disputes to be resolved through negotiation and consultation between parties directly concerned and for China and ASEAN member states to work together to maintain peace and stability.

Progress has been made in consultations on a Code of Conduct in the South China Sea (COC), and the COC is meant to be a set of rules for China and countries in the region rather than rules set by outsiders.

One thing for sure, the United States is not a party concerned with the South China Sea issue. Stirring up trouble in the region will only make it unpopular.

If unnecessary anxiety by the U.S. and oversensitivity to the South China Sea issue is developing to the severity that hurts the stability and development of the Asia-Pacific region, it will run against the common aspiration of the people and countries of the Asia-Pacific region and be detrimental to the United States itself.

On the whole, the China-U.S. relationship is developing on a steady track, the stability brooks no disturbance or troublemaking. More importantly, both sides should properly handle disputes so as not to distract the overall direction of the bilateral ties. The world’s most important bilateral relationship deserves to be cherished.

The South China Sea issue will not and should not become an obstacle of the China-U.S. ties. Washington should be aware of this and be discreet in its words and deeds. Enditem

Editor’s note: This article doesn’t represent Greenpost’s view.

Source Xinhua

Editor  Xuefei Chen Axelsson

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