The Hague theatrical Judgment on the South China Sea

From the onset, the conclusion of this international farce was already a given. Professor Tommy Koh, Singapore’s Ambassador at Large and a Law professor, had written that the UNCLOS has no jurisdiction over territorial disputes in his article Peace At Sea in the ST on 3 Jun. And I quote,

The convention has one other unique feature. Under Unclos, dispute settlement is compulsory and not optional and it is an integral part of the convention….

Under Article 298 of the convention, disputes over sea boundaries and military activities are exempted from compulsory dispute settlement. Apart from these two exceptions, all other disputes concerning the interpretation and application of the convention are subject to compulsory dispute settlement.’

The Permanent Court of Arbitration in Hague thus has no right and reason to hear the dispute over the South China Sea islands put up by the Philippines. The Hague’s stubborn insistence to hear this case is enough to tell what is it’s motive and agenda.

An international court of jurisdiction is expected to be impartial, to uphold the law under its constitution if it wants to be respectable and seen as respectable as an international court of justice. The moment it decided to hear a case not within its jurisdiction is the moment it is failing as an international court and loses its credibility to the nations of the world. The judicial committee has done wrong to the reputation and credibility of this Court. It undermines the reason for its existence when it crumbled to political pressure to hear a case it was not supposed to hear.

The Permanent Court went ahead despite objections by China and with China stating clearly that it would not respect its arbitration and decision. Why would this Court continue with the farce knowing that China did not give its consent to hear the case? It is political. Yes, the Court is making a political statement, not a decision based on law which it has no jurisdiction. It ignores the main party of the dispute’s objection and compromises its own credibility and the integrity of the judges.

Now the Court is expected to deliver its ‘judgment’, or political opinion in this case, and the Americans and its allies are waiting eagerly to use it to demand that China respects this political opinion that has no legal authority and not legally binding under any courts of law. And the irony, the Americans are not even a signatory of UNCLOS, in other words saying that they don’t respect the rules and regulations of UNCLOS, but demanding China to accept an illegal political opinion from the ICJ?

Without the consent of China, a party to a territorial dispute, the decision of the Court is meaningless, illegal and irrelevant. It has no authority, no legal status and it is not binding. It is only right for China to ignore it as another political statement or even tear it to pieces like what the American did in the past to tell the Court that it had no jurisdiction over them. To China and the world, the whole drama is as good as a hoax, a theatre engineered and promoted by its perpetrators.

Nonetheless, the Americans, the Philippines and their allies will want to use the Hague as a political statement to put political pressure on China as if China is violating the judgment of an international court when it was not so. China is legally entitled to ignore the Hague decision as it has not given its consent to the arbitration.

The pro western media would have a field day trying take down China as a rogue and recalcitrant nation, not playing by the rule of law. The western leaders are expected to make their political speeches to compel China to accept a farcical judgment that they too did not believe is legal. Some Asean states may want to believe that the Philippines had won a legal battle in the international court when it has not.

There will be a lot of outcry by the Americans and its allies to discredit China by this Hague Conspiracy. It is a sham! It is so shameful for an international court of jurisdiction to compromise is neutrality, integrity and legality to be part of the American and Filipino conspiracy. The bottom line, the Permanent Court of Arbitration has lost all credibility as a neutral and respectable international court to hear disputes between countries. And the American camp can beat the war drum but nothing will change the status of the islands in the South China Sea.

The theatre has come to an end, with an applause and encore from the conspirators but nothing more. It is rubbish, not binding and an act of desperation to make something illegal to be legal.

Independent countries of the international community must stand up to this farce. They must stop it from becoming a precedent to decide the fate of their future that may be imposed on them by the abuse of power and trust of the international court beyond its jurisdiction.


Anonymous said...

For many years already since ancient times, the South China Seas belongs to China, even before the forming of South East Asian countries..since then nobody cares until 1 day that someone declare there is oil beneath the surface then these South East Asians countries wake up..even the Westerners olso wan that piece of cake..these people r like pirates, behave like daylight robbery to rob somebody land..& they even have Court of Thieves to legitimatize the land robbery ..wat is this?

Anonymous said...

July 12 mid night Hague court from heaven will declare china s islands belong to Philippines, including the Taiping island that Mayingjeu visited.

China will be given a month to comply. If no US 3 Carriers will sail round and round the islands until PLA faint.

China now are isolated by the US Defense minister Carter. China military PLA can only talk "never give up an inch land" but its President always say peace is better. Give up the islands to Japan Vietnam Philippines will exchange US for peace. If not US will be bombing the islands soon to clear ways for Pinoys soldiers to declare victory. This is the ideal scenario US want. China must repeat after Carter, US is the world supreme power. Peace will be given to china for a short period until another Carter will ask for more from China: Taiwan independence. Hong Kong Independence. All this are part of the plan in future. China chinese are stupid to help US buying US government bonds to help US military to screw china s PLA. That what the politicians are doing.At the end, these islands are just toys to them. They dont live inside.

Anonymous said...

"For many years already since ancient times, the South China Seas belongs to China"

Say's who? The pro-China supporters? If you love China so much, why don't you settle down there? I know that if there is war, you will abandon Sinkieland and support your motherland china. We don't need such people here.

Anonymous said...

//Say's who? The pro-China supporters? If you love China so much, why don't you settle down there? I know that if there is war, you will abandon Sinkieland and support your motherland china. We don't need such people here.//

Hey..r u Singaporean? Have u done NS? If u r, u don't fit in ..'cos Spore is "regardless of race, language or religion" ..r u xenophobic or anti-China...u need to check the historical background of South China Seas islands b4 u shoot ...

Anonymous said...

Putin threaten to have war as US UK Canada German have double the troops along Russia border.

US has 3 Carriers now at South China sea.

Xi cannot pretend it that the situation will be at China s favor. The PLA has been taking over the media to talk and not the China foreign minister.

China will be surrounded with troops if US has its way when Hague court rules in favor of pinoy and all islands within 12 n miles are to be given to pinoys. It means vietnam and malaysia, will take over the islands nearby. How about Singapore so near to some countries?

China is at seize. No way out yet it still hold the US bonds of at least 1.3 trillions USD, not selling fast.

Anonymous said...

You talked like a stupid Pinoy.

All China needs to do is to announce that all its anti carrier missiles are on full alert and waiting to push the button and the American aircraft carriers will be scooting back to Hawaii. Guam is within range.

Anonymous said...

US defense official Richardson said US has the electronic capability to interfere with China s computer guiding the missiles to neutralize the paths of missiles off targets.

US Carriers and the bases like Guam and Changi are very safe. China is seized by the great wall from regional countries including Aseans: Taiwan, Japan, South Korea, and Aseans. The combined troops from Japan and S Koreans plus Pinoys, Indonesia, Vietnam will be enough to scare China. Get ready for the sitless nights after 12 July, US big brother will call the shots.

Anonymous said...

US can neutralise the anti carrier missiles? Sure. You think China cannot neutralise the jamming devices? Both sides would have to pitch against each other and see whose electronic jamming and anti jamming technology is superior. If the Americans failed, it means aircraft carriers sinking with all the aircraft and pilots and crews, 7000 men sinking into a watery grave.

The Americans can stay put in the South China Sea and prove that they are superior. Go ahead, no need to be shy. Why have aircraft carrier exercises on the eastern part of the Pinoy islands and not in the South China Sea? What is there to fear?

The Americans may brag a lot but they don't think like simple minded Pinoys. They know the risks involved if they are proven wrong on Chinese anti carrier missile technology.

Anonymous said...

Say's who? The pro-China supporters? If you love China so much, why don't you settle down there? I know that if there is war, you will abandon Sinkieland and support your motherland china. We don't need such people here.
Why didn't you migrate and settle in the USA when you are so Pro USA?

The dispute in South China Sea had nothing to do with Singapore.

If there are war between Singapore and USA,

you will abandon Sinkieland and support the motherland, USA.

b said...

I agreed. The whitemen have split tongues. They cannot judge on the affairs in asia. They are not impartial but very corrupted and thrive on plundering.

Anonymous said...

"Why didn't you migrate and settle in the USA when you are so Pro USA?
Sinkies cannot migrate as they wish. Green card who dont want. If US issue freely to sinkies, guess 60 to 70% will rush to take. U can stay back here to defense the foreigners some days may go mad and do the same things like the little india indians did. The elite are no match to these mad fellows and they continue to take in blangadeshi who teach how to stab from the back. The real idea is to let sinkies starve like spur not sticking on the hides and jumping around looking for temp jobs. That what the elites plan to do, similar to those in EU, freedom of movement between Aseans and Indians to ensure labor movement freedom and cheapest labor cost available for firms in sinkielands. Do take care of your children s future. Unfortunately, US do not offer green cards so easily. U have to be prepared to stabbed from the back when sitting on your chairs by some foreigners.

patriot said...

The Permanent Court Of Arbitration at the Hague SHOULD Rule that the World belongs to Africa, as all humans are said to originate from there as claimed by Academics.


Anonymous said...

This morning, Taiwan fired a xongsan real missile towards the direction of Xiamen.

China system detected the real missile and its auto defense activated ie ready to fire china s own missiles over to taiwan.

However, fortunately and unfortunately, the Taiwan real missile detected a fishing boat and the missile hit the fishing boat with a big lobang . The captain of the fishing boat mati, and 2 crews injured. The fishing boat is towed back to Kaoshiong taiwan.

Due to hitting the fishing boat, the missile continue to move forward and dropped into the sea.

Taiwan has secret attack weapon. If the fishing boat was not on its way, the missile will fly up to 400km and will hit china xiamen somewhere. Some china men and women will mati.

The missile war between china and taiwan would have activated may be accidentally, according to taiwan.

China is in the seize, although it said it is safe. It means taiwan can fire hundreds and thousands of offensive missiles even now. This kind of missile travelling 3 times of sound speed is not available around the world, only a few countries have this type.

In other words, US sold Taiwan deadly weapons to attack china. That should be something china must kowtow to US.

China should not be yaya. Better kowtow to US and Taiwan and listen to their demands.

Chua Chin Leng aka redbean said...

I welcome Professor Koh to share his view on this issue and let me know should I have misquoted him. The most impt point in his Peace at Sea article is the reference to Article 298 ruling out compulsory arbitration on territorial issues.

Though he did no say it directly, this article itself is self explanatory as China sees this a a territorial dispute.

Anonymous said...

@Anon 926 pm

The missile that was fired was a carrier killer type sea skimming that will pop up and dive during terminal phase. It also has a active seeker in order to seek out the target on its own after launch. It was a exercise to simulate enemy ship in that area and a missile is launch to destroy it. Which means it will not cross into China main land.

The report goes that due to the missile speed, it only takes 2 min to reach the target for 70km distance and hit a small fish boat (it means it is sibei accurate).

China likewise any country will have difficulty to detect due to earth is round and not flat until it approaches. The logic is to be able to detect over the horizon which means your detection device (radar) need to be high in order to gain additional reaction time. US and Soviet already play this game in the 70/80s. Thus developing AWACs/SM series missiles and CIWS and now laser weapons (as missile speed increase).

Today's accident is considered as a gift to PLA depending on how you interpret it. I would consider it as a slap to Xi. Again there was no military reaction to it whether it is accident or no accident? They should fired the DF21. Are their toys really fake?

As what you say, taiwan would not be able to build such missile on its own. However the greatest fear is arming these missiles (greater range/faster and heavier payload) to Japan (or locally built).

I hope China have factor in all these changes because previously all these offensive weapons were banned by US. Now all these have changed. Eg. All Jap Aegis only have 8 harpoons as it is bound by its own law, this will change.

Even Indo wants to build Sub base in Natuna, What the hell? China has cry wolf and now the real wolves have all gathered.

Ⓜatilah $ingapura⚠️ said...

Asian matters decided by a European court.

Hmmm...sounds like the beginning of a solid cluster fuck.

I'm cancelling my Netflix and Amazon Prime Video accounts. The REAL shit is much more entertaining.

Middle Path said...

All China needs to do is to stop Chinese tourists to Philippines, like what Putin did with Turkey.

Anonymous said...

"And the irony, the Americans are not even a signatory of UNCLOS, in other words saying that they don’t respect the rules and regulations of UNCLOS, but demanding China to accept an illegal political opinion from the ICJ?"


In this world there are simply too many western mainstream media infested zombies, unable to use their common sense because they don't any brain left to use :)