7/24/2016

British experts urge arbitral tribunal to review position to avoid being joke in legal history

LONDON - Two British experts said lately that the arbitral tribunal in The Hague should not have agreed to hear the South China Sea case unilaterally initiated by the Philippines against China.


The government of former Philippine President Benigno Aquino III filed the arbitration against China in 2013, ignoring the agreement his country had reached with China on resolving their South China Sea disputes through bilateral negotiations. The tribunal issued its final award on Tuesday, sweepingly siding with Manila's cunningly packaged claims.


"There is a current anticipated crisis in the South China Sea prompted by a Court of Arbitration decision to hear a one-party claim to a part of the South China Sea," said Stephen Perry, chairman of the 48 Group Club, in a recent interview with Xinhua. "Arbitration is defined in the dictionary as a dispute where the parties have agreed to settle it by arbitration. Clearly China does not accept arbitration to settle the dispute, so the Court should not have agreed to hear this dispute presented by only one party," he said. Noting that the two nations should pursue other means they agreed to settle their dispute, Perry explained that "the dispute cannot be settled ... by a process which only includes one party. It is not an arbitration." "I have been involved in many hundreds of arbitration and always both parties agree on arbitration, or there is no arbitration," added the businessman.


Shahid Qureshi, London Post's editor and political analyst, said the fact that "the tribunal has allowed the case to go ahead in spite of its lack of justifiable jurisdiction" poses a big question mark to the tribunal's "intention" and "interest." "I am of the view that the tribunal must review its position and jurisdiction for the sake of institution it stands for; otherwise it will become a joke in the legal history as they did not follow the due process of law," Qureshi noted. He pointed out that the Philippines, filing the case without consulting with China, failed to fulfill its obligation stipulated in the Declaration on the Conduct of Parties in the South China Sea (DOC), a document signed by China and members of the Association of Southeast Asian Nations including the Philippines in 2002."I think under the terms and conditions stipulated in DOC, the Philippines seems to have jumped higher than necessary and must review its position," he said. Stressing that "local solutions" are always the best, Qureshi argued that "the Philippines could talk with China about the matters arising about the situation in the South China Sea."


The analyst also said the real reason behind the so-called "militarization" in the South China Sea is the military involvement and "war profiteering" of the United States, which in recent years has sent military jets and warships on close-in reconnaissance in the nearby waters and air space of China's islands and reefs. "The US has a policy of creating wars or disputes within the countries and also in the neighboring countries of the targets (based on its long term objectives), starting from Vietnam, Korea, Afghanistan, Iraq," he explained. "One can ask a simple question to US officials: 'What are you doing in my neighborhood in the first place'?" Qureshi said.

14 comments:

Anonymous said...

"Stressing that "local solutions" are always the best, Qureshi argued that "the Philippines could talk with China about the matters arising about the situation in the South China Sea."


Hahahahaha. Argued that Chee Soon Juan could talk with Low Thia Khiang about the matters arising about the situation of a weak, disunited opposition and "one too many" opposition parties?

Anonymous said...

Forget about it and move on.

Anyway China dont participate and dont accept the ruling.

Now it is China Flood times and it is time to see whether the 3 gorges dam can hold the load over time and time again. See what China people are concerned with.

Anonymous said...

Since talk no use, just kah kah hood ah

Anonymous said...

Pinnoyland has been told by their lord and master from the USA to stir up as much trouble as possible in this area. China should just ignore the claim for the Pinnoys. What can they do? Maybe they will ask their lord and master to send more battleships to patrol the South China Sea.

Anonymous said...

Pinoys appointed the american law firm and lawyers and gave such a favorable judgment by spending USD30millions.

It is cheaper than firing missiles on China.

Pinoys must spend another USD30millions dollars to hire US lawyers to judge on other islands such as taiping island. That will ensure pinoys will own those islands. The next tribunal should take place and claim on taiping island.

Japanese must also spend USD50millions or more to hire US lawyers to judge that Taiwan is never belonged to China and Japan has the ownership.

As long as countries hire US law firms, US will support the judgment. China will scare and hide under their beds when US shout at them. Its like what the PLA got shouted in Singapore. More judgments of one side tribunal are needed to claim China s lands. US may start one and claim Beijing was belonged to US. There was 8 country united troop jointly burned the Beijing palace. So Beijing must not be China s land. Use the tribunal, then the world will support US including those small countries. One side tribunal is very useful tool for politic.

Anonymous said...

It is obvious that Aquino was under the palm of the US. He just did what jis master wants. Now that he is no more the President, Duterte decided not to play it up and sent Ramos to talk to China. Typical brainless Pinoys. Cannot think and cannot work. Only good at bluffing others.

Anonymous said...

@ Now it is China Flood times

Guess muz be another US conspiracy ?

Similar as our SMRT trains crack line case ?

Anonymous said...

Naive to think rule of law can bring about world peace. Such are the bodoh political and professional elites Sin has produced

Anonymous said...

@ Anon 4:59pm

Actually not the flood.

But the person that control the dams who release water without warning. Our Marine barrage is peanuts....

May the souls rest in peace. Anyway this time unlike last time, China's wealth and population is more than enough to take care of themselves. So no need outsiders to donate anymore.

Anonymous said...

First of all it is CHINA not America that is acting aggressively. These are INTERNATIONAL waters, not Chinese property. Second, the US is trying to help china save some face after its disastrous choices claiming "ownership" of the scs.

The ruling is binding because china SIGNED UNCLOS. China can say whatever it wants to but by siging the UNCVLOS china is bound to honor the ruling. FURTHERMORE china's "historic" claims aren't even accurate.

When Magellan arrived in the Philippines in 1521, there were ZERO Chinese governing bodies there. The Malay and Filipino people arrived in the area 100,000 years before any Chinese sailors visted. It is the malays who are native, not Chinese.

PLUS, historical claims mean NOTHING under international law. If they did, India would own the Indian Ocean and Mexico would own the Gulf of Mexico. I suggest you buy a HISTORY book not written by Mao Tse Tung and then a LAW book not written by the communist party.

Its okay if you want to live in a country that has no freedom of expression, nor a free press, or internet that is uncensored . That's your choice. Just don't blame the most prosperous and successful DEMOCRACY on the planet because your country is a mess and a dictatorship. America is the land of the free and the home of the brave and a democracy that respects people's FREEDOM.

Anonymous said...

Hello 9:23,

You are quoting your primary school history here? Or you just escaped from IMH?

My eleven toes are laughing at your stupidity. Please go and dig a hole and hide yourself in it.

Lycurgus80ofsparta said...

@9.23

Muh democracy because freedom

Anonymous said...

The UNCLOS ruling did not specifically mention SCS belong to anyone, including the Philippines. It merely says that China has no rights to claim ownership of those islands base on the UNCLOS standardised guidelines that applies to every country in the world.

China refuses to participate in the UNCLOS court hearing knowing that their claims are not in line with the UNCLOS guidelines. It's like one day in history, the head of a village declare that the area 12metres from the perimeter of every villagers house belongs to them. Very fair and unbiased rule, everybody follows.

However, one idiot came out one day and claim that the entire street belong to him because last time his great grandfather walked on that street before, drawn a map that says the street belong to him.....such nonsense....

Anonymous said...

PLUS, historical claims mean NOTHING under international law. If they did, India would own the Indian Ocean and Mexico would own the Gulf of Mexico.
_________________________________________________________________________________
Philippine territory dont belongs to the Filipino.
Philippine was a by product of the Spanish colonialism.

Historical claims mean nothing under international law. Imagine Indian claim Indian Ocean.

Imagine Filipino claim whole Philippine as theirs.