7/17/2016

The mischievous rulings of the Permanent Court of Arbitration exposed



The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.
The Tribunal has jurisdiction over any dispute concerning the interpretation or application of the Convention, and over all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal (Statute, article 21)….
The mechanism established by the Convention provides for four alternative means for the settlement of disputes: the International Tribunal for the Law of the Sea, the International Court of Justice, an arbitral tribunal constituted in accordance with Annex VII to the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII to the Convention. 
A State Party is free to choose one or more of these means by a written declaration to be made under article 287 of the Convention and deposited with the Secretary-General of the United Nations (declarations made by States Parties under article 287).
If the parties to a dispute have not accepted the same settlement procedure, the dispute may be submitted only to arbitration in accordance with Annex VII, unless the parties otherwise agree….
The Tribunal has jurisdiction over all disputes concerning the interpretation or application of the Convention, subject to the provisions of article 297 and to the declarations made in accordance with article 298 of the Convention.
Article 297 and declarations made under article 298 of the Convention do not prevent parties from agreeing to submit to the Tribunal a dispute otherwise excluded from the Tribunal's jurisdiction under these provisions (Convention, article 299).
The above are text in the official site for the International Tribunal of the Law of the Sea.
Li Jinming, a professor of international maritime law at Xiamen University, pointed out that the use of terms such “UN tribunal” or “UN-backed tribunal” – frequently reported by Western media – is incorrect, as they confuse the PCA with the UN’s International Court of Justice (ICJ).

So far the UN has never stood up to claim any relationship with the Permanent Court of Arbitration and it is puzzling why countries and reputable academics and even the crafty politicians would claim that this PCA is an UN institution or backed by the UN. What is obviously a glaring question now is that why would the Philippines, with its backers in the US and Japan, chose to go to the PCA and not the ITLOS? The distinction and authority of the two institutions are blinding. One is an official institution of the UN and the other is a private institution that has nothing to do with the UN.

The value of the PCA and its judgement is clearly a case of two willing parties agreeing to seek its arbitration. It is totally irrelevant and meaningless when another party refused to be arbitrated by the PCA. A one sided arbitration and judgment by the PCA is as good a piece of waste paper to an unwilling party. How silly it is for the Philippines and those calling for China to abide by a nothing more than a back lane commercial institution ruling is hilarious. The PCA’s ruling has no credibility and legal standing to an unwilling party. Period.

Again, why did the Philippines go the PCA and not the ITLOS? Base on the issues raised, the ITLOS would have thrown out the case as inadmissible. The ITLOS would abide by the provisions of UNCLOS, article 298, that forbid it to judge over an issue of territorial claims. And the Philippines and its backers, the Americans and Japanese knew very well that they did not have a prima facie case to start with.

More questions. For objectivity, fairness and justice, the provisions of the ITLOS are very specific, from the appointment of neutral judges to the consent of both litigants are spelt clearly. It does not arrogate itself to judge on territorial disputes without the consent of both parties. It has a panel of independent judges to hear the case, not judges to be appointed at the whims and fancies of interested parties and not judges that are paid by the interested parties as in this ICA case.

In this South China Sea dispute, it is obvious who foot the bills of the judges, the court and the legal counsels, and who did not. How could this be a fair trial conducted by disinterested parties? And what authority has a private institution, a ‘back lane’ tribunal has on sovereign states to demand that sovereign states respect and accept its judgment?

The Americans, the Japanese and the Philippines would want the rest of the world to believe that the PCA is an authoritative body, an international body sanctioned by the UN and has the jurisdiction and power to decide the fate of nation states and to delineate their territorial space, that its decision is final and binding and to disregard them is to ignore international laws and order.

How convenient to take such a stand with the western media and cronies singing the same tune, that the PCA represents the international law and order. What a joke. It is an insult to the intelligence of the people of the world and sovereign states to think they could pull wool over their eyes.  The PCA is a private institution whose judgment is only as good as willing litigants want it to be, nothing more, nothing less. It has no legal status and has no jurisdiction over national territorial issues.

In this South China Sea ruling it is as good as a farce, totally devoid of credibility and legal standing. It is a political and mischievous act to deceive the world that it is legal and binding on China. Anyone that believes the PCA ruling is a legal and binding judgment must be an idiot whose intellect is next to zero. The Americans, Japanese and the Philippines must be laughing themselves silly that there are so many simpletons in the world that could be so easily duped by such an amateurist ploy.

PS. It is important to enlighten the masses that did not have the full facts of the case and did not know what the Permanent Court of Arbitration is all about. Even main stream media are in a daze and telling its readers that the PCA is an UN backed institution. Did they do their homework, done their due diligence? They are supposed to be professional news makers, to check and double check their facts before putting it out as the truth, the whole truth and nothing but the truth.

How many main stream media are worthy and reliable in this regard? How many are plain stooges, paid by the Americans and Japanese to take a false stand? For sure they are not paid by the Pinoys as the Pinoys could not afford such wasteful paychecks. I am very sure that the judges in the PCA are not paid by the Pinoys. You know who were the paymasters? No prizes for the right answers.

43 comments:

Anonymous said...

RB: the post has missed an important fact. The arrow point to PCA?

Fact #1
The tribunal is NOT a PCA arbitration at all.
PCA rented out the room at 1000Euro per day, charged secretarial at 175Euro per hour, one time fee is 2000Euro.

If Russia or little dot wants to stage a Ocean law case, you might be able to do the same. It is NOT a case using PCA arbitration, but using PCA facilities case.

Fact @2
Five arbitrators South China Sea were not FROM arbitrators specified by the PAC. The 4 were specified by a Japanese related to Abe administration. The Japanese served in ITLOS from 2011 to 2014 as head. The case was submitted by Philippines to ???. The Japanese held the case and MADE the fake arrangement.

Fact $3
United Nations Convention on the Law of the Sea" has resolution mechanism that is reasonable and probably perfect for the Philippines. The UN international Tribunal for the Law currently has 21 judges. NONE of the judges were used in tribunal. If pinoys use those judges, a more balanced views will surface than the junk judgment of the current 5.

Fact %4
There are UN Ocean law arbitration and Philippines did not choose to use. Philippines made use of a ex ITLOS head to privately arrange 5 judges to write out something in favor of Pbilippines using a room in PCA and paying a fee for the PCA clerical staff.
Then the western media and some asian countries BRANDED it under UN court or Hague court to confuse the general public.

Fact $5
It is a media manipulation scheme putting it under UN as branding to require China to comply as "international laws" compliance. If China refuses, it tarnishes its own reputation.

It is a scheme: Philippines appointed its own tribunal and claimed China should comply: with the help of US/Obama, and Japan/Abe.

EU Merkel did not ask China to comply. Agree?

Anonymous said...

RB, please be very careful when you make accusation. You might land yourself into Hotel Changi, all paid for by you know who. Be warned.

Anonymous said...

Uncle TB, jus be care of the new law of contempt passed by Murugam chief minion days ago..someone or somebody ( a foreigner of Japs, Pinoy or Americuuns) could advise our G to use that new law to clamp uncle down ...do be caution 'cos the judement already down & no one should be in "contempt of court or law" lest u wan to create trouble & our man in blue come passing u letter in late nite & requesting u to go "Lim kopi" with them...

Anonymous said...

People should get smart in media, even official media, from Japan US or any countries including little dot.

This kind of Philippines staged tribunal and asking another country to comply with the decisions is a kind of twist on legality and public opinions.

The whole scheme was to render some decisions of low legitimacy to be "international laws".

Any country, including neighboring country can do this kind of scheming against little dot in future, if the credibility of the philippines scheme is accepted as legitimate decisions of "international laws".

Little dot s very own territorial interests will be disadvantaged.

Lycurgus80ofsparta said...

The contempt law says you cannot discuss the case while it is being trial. As it might effect the decision of the case. But after the verdict u can criticize the outcome.

Anonymous said...

/// RB, please be very careful when you make accusation. You might land yourself into Hotel Changi, all paid for by you know who. Be warned.
July 17, 2016 10:25 am

A Singaporean is not even allowed to talk in Singapore ?
- always living under the threat of being jailed ?

What type of shit country are we living in?
What type of shit people elects and supports this type of shit government?

Anonymous said...

These people spreading the recent local laws on contempt of court linking it with the South China seas tribunal are having their very own motives.

There is no reason to have any fear or pressure to discuss Scs tribunal decision. Scs judgment has no jurisdiction on singapore laws at all. It has no jurisdiction on any corner in the world if the decisions are not adopted.

People trying to link discussions with Scs with the contempt of court laws discussed in sg parliament probably have to be more careful themselves. This is my own view, as their habits might put them in trouble in future.

Anonymous said...

Anon 10.25 am, why would PAP want to land RB into Hotel Changi?

Did RB led protests at Hong Lim Park?

Did RB contest any election as an opposition candidate?

How many Sinkies are interested in events outside Singapore? Or even if interested, does it affect how they will vote?

For Sinkies like RB, no harm one, and PAP will just simply let him earn some advertising income from his blog, unless of course he goes to extremes like the TRS blog.

Chua Chin Leng aka redbean said...

Thanks Anon 10:23. I have read the part that the PCA was providing only secretarial support but not very sure about that. Now that you mentioned it, it makes the whole tribunal more treacherous. As laypeople with not access to official information, we will comment based on what we happened to know. It is unbecoming for national leaders to talk through their head without facts or pretending that they did not know that the whole trial was a farce.

If PCA really was not involved in the trial, then it an insidious acts by the parties concerned to roll out a back lane kangaroo court to deceive the world.

As for those warning me about contempt of court, this is the problem with daft Singaporeans. They did not want to know their rights and also the law. Just be happy being ignoramus and hiding under the table. As Lycurgus80 explained, there is no contempt of court once the verdict is out. Shanmugam was quoted in the main media that once the judge has made his judgment, anyone can disagree and criticise the judgment. The subjudice part is not to influence a naive judge by making comments and the naive judge would be so stupid to take social media's comment seriously. I hope our learned judges are well trained professionals, know their jobs well and would not be naive to be influenced by social media. If that is the case, they should not be sitting on the bench.

In this back lane fly by night tribunal, it is a piece of shit and even if the case is on you can say all you like, to fuck the judges if you want. What can a fly by night illegal tribunal do to you? Use your blain. The spelling is intentional as many did not have a brain but a blain in between the ears.

Keep your eyes wide shut and ears open to see which political leaders would be stupid enough to call China to abide by this farcical tribunal rulings and claimed that it is UN backed and international law.

Anonymous said...

"As for those warning me about contempt of court, this is the problem with daft Singaporeans."
RB 11:36 am

Tiok. Not only daft but also kiasi (scared die). Sometimes being kiasi lagi (even more) si.

Anonymous said...

Isn't it better to be kia si and vote Opposition?
So in case we get jailed ... we got an Opposition MP to speak out for us.

Anonymous said...

The point is who interprets law in Singapore.

You want to challenge law 101 with AG? Look at who you are or how much money you have in your pocket?

Look how other people die trying to do that?

Kiasi so what, you ask people to die and then when critical times arose, how many people want to support RB just like Roy's case or in GE case? And in RB case, most arguments are one sided and useless. It can only stir some ripples in the cup and nothing else.

The fact is China now goes everywhere have to repeat the cassette tape to tell from beginning SCS history, Who owns it, what pinoy did, Who is PCA, PCA is not ICJ/UN.... Now tell me, who is the stupid one here. We are all listening and laughing behind.

Now no time for this SCS shit as part one ends. Waiting for Part 2. Now need to see france reaction to ISIS killing and Turkey coup.

On the other hand, if RB and his descendants are willing to die. Why should i or we stop him?

Anonymous said...

And in RB case, most arguments are one sided and useless.
Anon 12:36 pm

Useless, yes, that's the word. That's why PAP ignore RB.

IF RB dare to be "useful" by behaving like Roy or even Chee Soon Juan, see what PAP will do to him.

Anonymous said...

"IF RB dare to be "useful" by behaving like Roy or even Chee Soon Juan, see what PAP will do to him"
Probably RB computer or laptop or mobile phone be confiscated ( if a Pinoy Complaint to the MIB or Miws & become rampage like Roy or Teo...wa Liao eh...better stay out of matter uncle..China wouldn't thank u anything or treat u as their VIP la..

Anonymous said...

If confiscate of items is the punishment only. Although RB is rich from China paymaster to buy new laptops, mobiles or whatever.

Wait till they invite you to drink Kopi (For them to drink only) from time to time at their location, Do you think it is like can fix appointment with my secretary?

It is like SAF 100..

Anonymous said...

Can China claim that Moon also belong to them ( historically "Chang Er" had visited moon before - https://tibettruth.files.wordpress.com/2013/12/untitled-10.jpg)
How will Uncle Sam react? Launch another law suit at PCA or ICJ with China?

Anonymous said...

RB:36am
My reply to this post earlier was deleted. I repeat those points.

The Scs tribunal organized by Philippines rented PCA s room, hired PCA clerical were commercial deals. PCA is a private org rented the space in the same building as ICJ.

The philippine s tribunal was a private tribunal. In commercial dealing, both sides of the dispute must agree to oblige with the decision of a tribunal they agree upon. If one side go ahead with a private tribunal and reach some decisions, the other side has no obligation to comply with the decision.

This private Scs was claimed by main media including US, Japan and asian countries as "UN tribunal or tribunal in Hague" to imply the UN involvement. The objective is to legitimize the privately arranged tribunal to an UN or internationally agreed one, supported by US and Japan and some asian countries. US carter had shouted in Shangrila asking china to comply with international laws or being isolated. From the fact of the arrangement of tribunal, the show was to discredit china for not following "international laws", whatever.

This scheme will be studied in case studies by students and any media supporting US position to force China to comply with the private tribunal decisions will backfire. On the other hand, it is President Xi weak positioning of China that lead to the continued media offensives to China. Xi must ban imports (at least at selected products) from philippines,Japan and US and asian countries that support US and Japan to put China at disadvantage position.

If Philippines can stage such private tribunal and US Japan can enforce the decisions on China, I will be very worried for my children s future living in little dot. The territorial water can be taken away if such practice is considered legitimate and in compliance with Oceans laws arbitration.

Anonymous said...

It is the same worldwide.

Why Trump can talk rubbish?

Very simple he is filthy rich and he has a lawyer TEAM to support him.

If China can send astronauts onto Moon and Mars. Yah, he can claim them by planting flags everywhere he wants. It is up to US/Russia to do what it can on paper/military to counter act. What is the use of using mouth to talk only....

Anonymous said...

RB, you are doing a very good job to get the dog in rage like suffering from rabie. See how agitated he is trying to bite at you like rabied dogs. Nicely done. Keep pissing him and let him go crazy with heat in his head.

Anonymous said...

Well it is like the case of China who spend money and still get negative exposure. In the process got con and betrayed by closer neighbors. Lost 9 dash line and kana slap even going as far as environment damage . Have to explain again and again everywhere in almost all international events.

Thaad deployed to close proximity to China homeland and PLA nuclear missiles are useless at least on paper and China has reduced negotiating powers in strategic balance. All PLA aircraft eg. K-6 bombers will be detected as soon as it is launched.

Got PLA but cannot use, want to punish back stabber economically also dare not. Stuck stuck stuck almost every corner. So what even as UN permanent security member also no use here. As it is PCA court ruling, UN is telling China not to come to him as it got nothing to do with him. Message is two sided one.

And the irony part is the other party is doing it for free and laughing high and low. Like adding itchy powder to the underwear. Want to scratch the balls but cannot do so.

If you notice, US did nothing except continue deployment and exercise in SCS and let Japan, SK and pinoy, others take over to do all the talking.

When will people ever start using their brain?

Anonymous said...

@ Can China claim that Moon also belong to them ( historically "Chang Er" had visited moon before

Good creative or imagination i guess but if only use it on science engineering or R&D instead.

After Ligo lab detected the gravitational waves, some Chinese also claims 2000+ years old Lao Zi already discover it. According to the Taiji logo which consists of 2 small circles inside one big circle with a S in between them. The 2 small circles represent 2 black holes colliding whereas the S and big circle is the formation and propagation of the gravitational waves.

Yup, got to hand it to them with this type of BS - ing also can.

Anonymous said...

Mr rb., do you have evidence that Philippines "foot the bill of the judges" of PCA? Whilst it may be tempting to believe so, in the absence of evidence your article could be slanderous.,?( It is not different from roy ngerng saying LHL siphon funds from cpf like kong hee from the church.)

Anonymous said...

From this episode, it is clear that "Ip Man" lost to "Pacquio" ...a sick man of Asia still is sick man ..no change ..the nine lines r being KO by a small new fellow nation..wat can a lame duck do? Quak here & there?...

Anonymous said...

If Philippines can stage such private tribunal and US Japan can enforce the decisions on China, I will be very worried for my children s future living in little dot. The territorial water can be taken away if such practice is considered legitimate and in compliance with Oceans laws arbitration.

Where can you go and what can you do other than worry? What choice do you have? Life for you and your children still have to continue.

Anonymous said...

Anyway, China also have plenty of shale oil and gas in the west. One of the biggest if i m not wrong.

Just that is much deeper, harder ( rock solid ) , difficult and dangerous to extract out compared to US. China if only willing spend monies, time and effort to develop to a way to extract it. I don't think they have any energy crisis for at least the next 300 years or more.

Of course its more difficult and will take many years. However chinese all wants fast easy money e.g. copy. But China cannot always expect the easy way. If the state do not invest to do it even losing monies in the early or middle stage then it not for the better. Just like China a lot of rotten movies but because the population is 4 times plus of US , any of the nonsense shows still have box office or profits. That's why their movies not watchable because basically there's no need to improve. And i m not talking about special effects but how to tell a good story or good script.

Anonymous said...

Anon 3:58pm
NS man is not likely to run off easily when war time arrive.
I do have friends in other countries to put my children.

I feel the danger when big truck could ran s shape and kill 84 people with one driver. The number of foreigners here is overwhelming. One day, some country of foreigner majority may stage a tribunal on their own and say something to declare the ownership of little dot certain parts as illegal, similar to the philippines one side tribunal declaring 9 dash line illegal.

U can disbelieve my prediction, but i think this place will be overruled some days by someone not born within the major traditional races that formed so called multi racial singapore. Just pinoys alone can do the same trick, as long as some countries like US japan alike support the tribunal set up by them and using some funny laws similar to Ocean laws.

I will teach my children to stay away. I wish you good luck.

Anonymous said...

Anon 3.48pm
While u wait for RB, i give reader some figures.
Philippines paid for the rental of PCA room and clerical fees.
PCA pay for the legal fees total US$30millions.

China deputy FM said Philippine and might be others, paid for the judges fees.

My guess is: the judges are not from ITLOS, so the payment of salary should be free, as the judges are not from UN.

Are people work for free?

Anonymous said...

Wow, our sgx glitches leave an impression with China bit i did not expect they interpret it this way.

http://jump.bdimg.com/safecheck/index?url=x+Z5mMbGPAvtSedm52RrypUGDL7ed60TPryT18anvw9j33WZME35EdVzMjX2zKNHD/vD4goleq7//ZBOiG/uBbSDMQxqGEVo/EtzZbWYXgFD5n/CGCMWqGTrPr9ISVh8m5DJ7YwbhtYwPGbuJnYGNA==

股指跌到低谷要怎样扭转乾坤?
新加坡最近展示了一种不靠“国家队”的办法:拔电源。

Anonymous said...


Anon 3:48,
Please lah you think the whole world like your little dot country, all with little minds like you, sue, sue, sue. Go and sue Duterte, go and sue Trump lah!

Grow up and go and see the world. Looking up from inside a well for your whole life is depressing. It makes your mind shrinks.

Anonymous said...

It is different case for EU to face ISIS problems.

They have being accepting refugees and converting them to become legal migrants and feeding on the local welfare system. Some are not working and still continue to stay.
Most migrants are initially refugees who want to leave their problematic countries and thought they have new lease of life elsewhere especially EU and sought asylum.

This is not a one night policy and has been ongoing for long time. You go to UK and France, you can see the difference one.

In Singapore, it is a total different case where most migrants will be gone when money earn is not enough or opportunity is gone. Our Sg govt is so clever as it make it clear that there is no free lunch under the sun whether you are citizen or not.

There is a ancient Halifax prophecy where ISIS is trying hard to fulfill. This is why it is making use of these no hope migrants to do their biddings in europe.

Again you may stay and ask your children to stay away. The question is ask your children to go where? If got better choice, do you think you will get that chance. Everybody will be fighting for it.

Anonymous said...

@ Anon 4:07 pm

What you said is correct.

BUT if you are in the energy line especially upstream business.

You will know which Ang Mo oil company is there in China Sichuan doing the business?

Likewise in Subsea business in South China Sea, do you think China Industry can produce the equipment, infrastructure to replace the western parts?

A lot of people dont know the truth and thought China is a world wide manufacturing center.
There is a lot of shocking truth behind it.

Anonymous said...

Anon 4:22pm
Possible like Old Shanghai, one part belonged to French, one part belong to Uk and other countries from the west.

Woodlands, Joo chiat can be one part, serangoon and some parts in Marine parade, meyor road, katong can be another country s claimed territorial area.

Orchard road from Botanic garden to istana can be one part with hq a lucky plaza.

So traveling in little dot by sinkies need passport in future if some countries can claim territories hare using tribunal.

Anonymous said...

The question is ask your children to go where? If got better choice, do you think you will get that chance. Everybody will be fighting for it.

I know where his kid would migrate to.

The Most dangerous is the most safest place.

He will ask his kid to move to spratly islands.....

Anonymous said...

One hunky fellow walked passed me, i was thinking he could be a sports man. He turned around, showed me hand signal eating. I pretended did not understand. Then he said,"i want money". I told him "i dont have". He quickly turned to the other guy walked passed. Without success, he came back to me. Followed me. Worried he might attack from the back, i walked toward mrt station and went inside. He was smart, did not follow me.

This is sinkie land. Foreigners are kind.

Anonymous said...

This is sinkie land. Foreigners are kind.

No Foreigners are kings. On weekends still can get free money.

Anonymous said...

RB, a few hate China cockroaches are hiding in your blog and calling it home.

Anonymous said...

You can see the quality of the "cockroaches" and the quality of those who complained and seek father/mother protection type here.

Same case like China who has 1.4 billion population, why it cannot produce a talent to turn around the whole SCS incident?

Anonymous said...

Pariah trying to condemn 1.4b people. Look at your country and your countrymen, how successful are they compared to China, the biggest economy in the world and the Number Two Superpower. Where is your country?

Anonymous said...

Dont blame you as you are foreigner.

Go and check on the figures on our country.

A few years time, we will see how it performs when robots rolls out.

And you are slapping yourself left and right. Hahahha......

1st world economy = 300 million population
2nd world economy = 1.4 billion population

Are you saying Chinese stupid? and white brain smarter?

Isnt there something wrong somewhere? You mean the difference is considered as waste population that can be thrown into incinerator?

Do you know why US is 1st world economy? It is already having pension and medical funding problem when it population is now 300 million.... Do i need to continue?

Anonymous said...

Do you know why US number one, China number two and your country unmentionable?
Just look at the mirror.

Anonymous said...

Truth is ... China also pay,

《中方赞赏柬方仗义执言 提供6亿美元无偿援助》
新闻来源:财经网

柬埔寨总理洪森于当地时间15日上午在乌兰巴托亲切接见了中国总理李克强,
并当场接受了李克强呈送的大礼

台湾媒体说大陆国民通过柬埔寨海外华文媒体而非大陆官方媒体才能得知大陆对柬埔寨6亿美元无偿金援,很罕见。

In the end , dont talk like so high moral.

Anonymous said...

Since unmentionable, then dont mention.

We also dont welcome you here as well. You one less also never mind.

Exactly no need to look into mirror as want to come in need to take queue number. Some even resort to criminal means to get residency.

Who are you that we even care!

Anonymous said...

Interesting news ... or fake ?
After China paid Cambodia

柬埔寨背叛中国 反水支持日本南海仲裁
2016年07月17日 19:57:58 星火记者联盟

http://cj.sina.com.cn/article/detail/1010236564/29935?column=china&ch=9&sudaref=www.google.com&retcode=0&