7/12/2016

Treachery in The Hague

The Permanent Court of Arbitration at The Hague is due to pronounce the most farcical judgment in the history of this international tribunal that would drag its reputation to the bottom of a smelly pit. From being an impartial and legal institution, it has allowed itself to become a political quagmire, to be manipulated by interested powers to do its bidding. It’s hearing on the South China Sea dispute filed by the Philippines that it has no jurisdiction under UNCLOS and its stubborn insistence to make a political judgment would be the beginning of its road to ignominy, to be seen as anything but a just court.

Why is this so? So far no one has heard the names of the members of the Court hearing the South China Sea case. Read the following comments from Yoichi Shimatsu about the conspiracy and intrigue that end with the hearing of the South China Sea dispute and the key participants that made this treachery becoming a 21st Century farce. The full article that has 2 parts are available at the 4th Media, http://www.4thmedia.org/2016/07/abes-henchmen-rigged-the-spratlys-kaw-case-against-china/#.V4G4AUDUTsE.gmail

By Yoichi Shimatsu | Tuesday, July 12, 2016, 323 views


 

First in a 2-part series, this investigative report exposes a high-level intrigue by pro-militarist Japanese diplomats in rigging “Philippines vs. China”, a law case in The International Tribunal on the Law of the Sea (ITLOS), which will soon render its decision on the maritime dispute over the Spratly Archipelago (Nansha in Mandarin). The second part to come will uncover the Tribunal’s political bias in favor of Manila’s marine environmental complaints against China in blatant disregard of the Philippines’ worst-offender record on ecology.

This investigative report is an open call to the UN Committee on the Law of the Sea and the Secretary General to launch an internal investigation into the political influence-peddling and corruption at the International Tribunal for The Law of the Sea (ITLOS), which has compromised the impartiality of the judicial panel for Philippines versus China.

The evidence so far indicates that the Hon. Shunji Yanai, the President of Court of Arbitration/ITLOS, encouraged and facilitated the Philippines case on orders from the office of Shinzo Abe and Japan’s Ministry of Foreign Affairs. The conspirators’ objective was to promote intentional bias and prejudicial tactics in the court proceedings in favor of the Philippine government in its dispute with the People’s Republic of China over sovereignty in the Spratly Islands (Nansha group) in whole as an archipelago or in part as separate sub-groups.

The evidence so far indicates that the ICA-ITLOS President, Shunji Yanai [柳井俊二], unlawfully and unethically promoted acceptance of Philippines vs. China into the Tribunal schedule at the behest of the Government of Japan. The tactical plan in the conspiracy involves judicial misconduct with the aim of influencing the United Nations and world public opinion to categorically reject without fair consideration all of China’s claims to the Spratly region. These illegal activities include a disguised effort to usurp jurisdiction from the International Court of Justice on principles of sovereignty as applied to maritime boundaries.

Since the predictable outcome for this one-sided case, throughout which only the Philippines side has been represented, will be to inflame regional tensions in East Asia and the Pacific to the military-strategic advantage of the Government of Japan, along with its pro-militarism supporters and criminal associates.

The principle suspects in this conspiracy, Prime Minister Shinzo Abe, Foreign Minister Fumio Kishida and their chief strategist Shunji Yanai, should be investigated for tampering with the court with the intent of launching neocolonialist aggression in violation of the UN Charter and Constitution of Japan….

41 comments:

Chua Chin Leng aka redbean said...

I have withheld the earlier post on Neo colonialism in the South China Sea for tomorrow to let this piece out today as the theatre in The Hague is expected to put on its farcical show any moment.

It is so sad that the reputation of an international court could be ruined by allowing political scums to hijack the court to do their biddings.

Anonymous said...

Treachery in GE 2015.
Singaporeans betray Opposition Parties.

Do you think we can also call this treachery?

Anonymous said...

Uncle RB, this will not happen in SinkieLand..look at Our Parliament..they have just pass the bill on act of contempt to the court, nobody in SinkieLand can speculate any opinions prior to judgement or subjudice, no one can anyhow influence the judge...Hague should send in their people to learn from this little red rod way of governing Sinkies...

patriot said...


The Hague Tribunal may not necessarily plays into the
Hands of the Evils

We have a Righteous Japanese
in Yoichi Shimatsu, President
Duterte could also be another
righteous man.

The Newly Elected Philippines
President is risking his own
life with a bounty of a million
for his life, to rid the Philippines
of drug lords and their evil doings.
Duterte HAS ALSO PROPOSED A DIALOGUE
WITH CHINA.It seems that he is sincere.

Let's hold back for a few hours to see how the Issue develops.

Both China, Duterte together with
other righteous folks are no push-overs or cowards to be intimidated.


patriot



Anonymous said...

I think China pointed this part is very convincing. The H Tribunal ( it s not a court of justice in my view, as the tribunal can proceed without a defending party ie china, that is not a court in ordinary meaning) s appointment of 5 judges were from a single japanese, and the one heading the team is a japanese right wing.

This is not a show of international law at all.
My worry is someone in Johore will go to claim little dot, and pinoy sulu may claim sabah. I wander some politicians here have some sense of insecurity when an external party can put some 5 people to sit and write out something to say a piece of land used to belong to them by generations becomes illegal to the owners.

This is from Japan Times July 8th 2016.
"it has even alluded to a Japanese conspiracy to steer the decision away from favoring China.

The objections began shortly after the case was filed in 2013, when the then-president of the International Tribunal for the Law of the Sea (ITLOS), Shunji Yanai, was required to select four of the five judges on the arbitration tribunal formed to hear the case.

While each side has the right to select one judge and must agree upon three others, China had ceded its rights by declining to participate in the arbitration. As a result, UNCLOS rules dictated that Yanai — who does not himself sit on the South China Sea tribunal — choose judges on behalf of Manila and Beijing.

According to Chinese state-run media, Yanai’s role in selecting a panel highlighted “bias” in the arbitration process. The reports claimed Tokyo’s own maritime disputes with Beijing in the East China Sea over the Japanese-controlled Senkaku Islands, known as Diaoyu in China, made a Japanese national unfit to play such a key a role in the case.

In an editorial last month in The Jakarta Post, China’s ambassador to Indonesia, Xie Feng, claimed that Yanai, who served as ITLOS president from 2011 to 2014 and Japan’s ambassador to the U.S. from 1999 to 2001, “went to great pains to form a temporary tribunal” that can “hardly be considered as universally representative.” Four of the panel’s five members are European.

This sentiment was echoed in a spate of interviews in Chinese state media and Op-Ed articles published in foreign newspapers over the past two months.

In May, the Chinese Communist Party mouthpiece People’s Daily blasted the arbitrators’ nationality and claimed that the panel members “do not represent global, diverse perspectives, nor do they offer the outlook of different legal systems.”

Anonymous said...

Scarly the Hague will pronounce that yes China deserves to own 80% of the South & East China Seas and all that it contains. You will see plenty of red faces. China will donate 1 trillion dollars in gold bars to the Hague liao.

Anonymous said...

@ Anon 10:11 am

Excellent points. However if China put this out in 2014 and come out separate negotiations for even judge selection criteria. That would have been another 2 years. A simple disagreement will forestall further process stating officially that no agreement can be reached for even judge selection. This is hit the ball back into their court. Remember if your argument is correct such as getting fair judges, it would serve back China's interest. Remember GRC? it was PAP's smart idea to win enmass but if one GRC fell, that means 1 or 2 minister have to bow out. Now it is equal risk.

What is the point to bring all these out now, china has no talents but parrots. All talents seeks better life elsewhere.

Chua Chin Leng aka redbean said...

This is a test on the credibility and neutrality of an international court. It's reputation and prestige lie in the hands of the 5 judges. Would they upheld the high esteem of the permanent court or would they turn it into a kangaroo court?

The fact that the circus is still on speaks a lot about the likely outcome of this case. When justice cannot be had, the permanent court has lost its right of existence.

Anonymous said...

Diplomat s 12 July article predicted The Hague verdict will question China is 9 dash line ownership of South china sea ownership of those reefs or islands.

It is clear that this kind of verdict to embarrass Beijing will be delivered at 5pm Beijing time. That s interesting, will there be someone from US to claim through Hague court that Beijing was once a US city?

Judgement are words written by hands. It depends on what kind of brains manipulating the hands. Ownership of lands and sea is by historic development. China used to own Vietnam in ancient time.

If China loses, it will mean the Japanese heading the Hague court will have a case on hand: Japan vs China for Senkaku island or Diaoyudai. That will sure win for Abe san.

China better be strong: 1. withdraw from UNCLOS. 2. Be aggressive to support Russia to defend against Nato, and demand Putin to send warship to jointly patrol Kuril islands to Senkaku islands and South China sea. Other wise, PLA alone has no threat to Harris. 3. Be ready to fire and use nuclear weapon to deter the Americans. During Syria war, Putin s jet got shot down, he sorrowed it quietly. When Russian deployed its submarines, and fired on ISIS positions, Putin said this upon report that all missiles were on targets, he said: "hope there is no need to use nuclear weapon." I was shocked to have read that. In Putin s mind, dont ma-in ma-in with him. But the US takes China Xi lightly. The Hague tribunal and Carriers threat are bully on China s reputation at least.

China men and govt, shame on you, if you do not withdraw from UNCLOS, sell US bonds holding, and ban imports from S Korea. No balls will bring US guns to China door steps. Be strong and calm, dont be coward. or resign.

patriot said...


United Nations is very much

a tool of the United States of

America, yet most nations remain

it's members.

No nation has protested or

withdrew from it despite it being

blatant biased towards the US.


patriot


patriot said...


My apology.

'blatantly biased'
to replace
'blatant biased'.


patriot


Anonymous said...

This is a test on the credibility and neutrality of an international court. It's reputation and prestige lie in the hands of the 5 judges. Would they upheld the high esteem of the permanent court or would they turn it into a kangaroo court?

What rubbish? We are all human beings.

I also believe there is santa claus in the world but does that mean there is one?

It is a pissing game between World's No 1 and world's No 2. How you win the game all depends on how you make the move.

I think the whole China foreign ministry team should be fired for making a mess of the game. Who is China law minister (if there is one) should also die.

China military on the other hand (whether for real or fake) play an excellent game on the DF21 (Area denial strategy) against the US carriers. For once, they tongue tight.

Anonymous said...

Haha, scarly China disappoint again, even more red faces here.

Anonymous said...

Beijing declared "War time Situation" from 8am to day, official on duty will have to continue pass the night time.

It is said to prevent the public from over reacting to the declaration by tribunal of heaven that lands own by China at sea coast in south no longer belong to China, and free for pinoys to take.

I guess people living in china will boil their blood. Highly recommend them not to bite banana from Philippines. I as sinkies will buy only malaysia banana as pinoy banana are rotten. Why? could be rejected in china and diverted to sinkie?
My last purchase was very disappointing. Branded banana some more.

Advise to china men, dont buy pinoys things, you will be good boy, dont buy US things, you will be patriotic, dont buy South Korean things you will be perfect citizen of china.

Why S Korea? President Xi sent a congratulation letter on 11th to Kim fat boy to celebrate China and NK 55th anniversary of signing mutual friendly and assistance agreement. Xi boosted mutual help, trade and development that led to a prosperous NK.

I almost want to laugh if Kim fat boy will be angry or spitting. China has sanctioned NK and Xi had folded arms round the S Korea as strategic partner. Is NK fat boy a strategic partner?

For a big country claimed by Xi to send a note to a small country sanctioned by Xi yet claimed so much had been done between them is comical. China now is courting NK. Good news to the ordinary chinese. At least, they are safer than Xi courting S Korea, with smell of toxin.

b said...

Even the dutch called den haag a den of robbers and thieves. Nothing good will come out of it. The judgement will be based on prejudice.

Anonymous said...

China pls ban pinoy banana so down here we get to buy cheap banana.

Also ban china people all travels to these two head countries so as to let us have chance to to go there cheaper.

Anonymous said...

China had ceded its rights by declining to participate in the arbitration.
______________________________________________________________________________
Remain Silence is not regarded as sign of acceptance or pleading guilty

Based on such logic, China did not cede any right by declining to take part.

China did not expressly stated that they cede their right.

So far, China refuse to recognise the legitimacy of such arbitration.

Of course, China wont exercise their right to appoint the judge.

This is sign of protest.



Anonymous said...

China would become more aggressive in their foreign policy after UNCLOS ruling.

This humiliating episodes had wake China up that "be nice" is not a good policy.

China might follow the footstep of Russia.

Singapore pro USA stance had backfired against them.

Anonymous said...

China did the right. You don't go to court because some assholes claim your house. Going to court means there is a chance to lose your house when it is yours in the first place. They can fix you up like this SCS case.

Anonymous said...

It is sad to see China lose 9 dash line under a butch of clowns and no smart strategist.

Never before this has happened even when they are so poor and not enough to eat those days.

Anonymous said...

Me fuck Yew Loong time.

Anonymous said...

Latest news:
Tribunal in The Hague says ‘nine-dash’ line contravenes U.N. convention on maritime law

international tribunal ruled Tuesday that China’s claim to historic rights in most of the South China Sea has no legal basis,

Now US has reason to claim that islands are held by "force".

China, please use your missiles, and dont avoid using force if US planes bomb the islands radar facilities.

I think it is a robbery on sea islands. China govt if still show no sign of telling US to back off, the next country that use the Hague can be Malaysia and follow by Vietnam.

China please dont back off, as this is justice we know from history. It is a robbery to say ownership is illegal.

Anonymous said...

/// China please dont back off, as this is justice we know from history. It is a robbery to say ownership is illegal. ///
July 12, 2016 6:23 pm

If only Singaporeans fight as hard to reclaim their cpf money.

Anonymous said...

An international tribunal has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippines.

Okay result out.

Ball is in China's hand. Fight or not fight. I hope to see some action also. Dont "lose steam" ...hopefully

Anonymous said...

Look at what Xi said

Chinese President Xi Jinping said on Tuesday (July 12) China is dedicated to maintaining peace and stability in the South China Sea but will not accept any positions or actions based on the outcome of an international tribunal's arbitration on the country's long-running spat with the Philippines.

Say something but also like say nothing. Does he even know why people bring him to court? He lost the whole 9 dash line on paper.

What this means is International court for the 1st time in history has clearly defined that 9 dash line is not recognized and no historic basis.

This will go into history and cannot erase one. Endless trouble to come.

Anonymous said...

High Frequency Trading - Behind The IEX Crusade To Fix The Market, In Its Own Words

http://www.zerohedge.com/news/2016-07-11/behind-iex-crusade-fix-market-its-own-words
-------------

If Singapore had supported IEX in its crusade against high frequency trading ... SGX would have been a global fair trading financial hub today.

- we should have funded and supported IEX and Brad Katsuyama

Under an SDP government with Chee Soon Juan as Prime Minister
- do you think we would have funded and supported IEX without hesitation ??

Anonymous said...

China is in "bei zhan" prepare for war situation. This is real, since this morning 8am.

Retired PLA are required to return to serve PLA for some of them. "Regular"" tan chia peng" also need to do reservist.

It looks like PLA is entering the top alert situation. Who are they going to war with? I guess they entire china is preparing for air raids by US and may be its allies like Japanese. The 3 Carriers can cover the entire china? Air raids is possible on certain facilities. Why china enter full alert? Practice?

Or china is going to attack the Carriers group, if US is forcing its hands using the Tribunal writings? Possible too.

China in writing, is grabbing regional countries land and resources. This kind of tribunal is real fake. The biggest island of all, occupied by Taiwan and landed by Mayingjue is declared as reef. It means Taiwan has no right to sea resources with 200 n miles. This point alone is against the fact. What kind of blind judges, its a bad show. Scary if looking at US s manipulation. It can be china might attack as it enter full alert.

Anonymous said...

Tribunal has ruled Taiping as a "rock" and not a reef.

The "island" or rock is elliptical in shape being 1.4 kilometres (0.87 mi) in length and 0.4 kilometres (0.25 mi) in width, with an area of 46 hectares (110 acres).

Anonymous said...

@ Anon 9:48 pm

Actually PLA no need to do so much.

Since they claim that DF21 can hit the US carrier.

All they need to do is to make public the 2 US carrier location and take a snap shot of the Carrier using their satellite. Then the US carriers will leave the area for sure without a single shot fired.

So we all know what it is all about all along.

Anonymous said...

10:28pm

The recall of retired soldiers were real, someone showed the letter, there is such law and the retired soldiers are willingly obliged.

The prepare for war has been denied in the evening. PLA said 1 grade alert means all prepared ready to go, they said not such thing, it was rumor.

DF21 is a mobile missile, this one is real. DF21 Missile can fired from hidden location on land. ie not in fixed position. Other missile also can hit the carriers. Question is: will US start to pull the trigger to hit China first?

If under threat, China can go to war without the parliament approval. U miss this part lah.

The most powerful missile to hit Carrier is not DF21, but the Hit Hawk, fired during the exercise from China jet. Hit Hawk can go in 2 speed, the final phase, about 40km from target, goes at 3 times the sound speed. Carrier is likely to be hit.

3 time sound speed means what? If your ear hear the sound, it is sound speed. 3 time sound speed means: you ear is blast into pieces before the sound arrive or the missile go through the Carrier surface, before the sound arrive to ear, "bom". The hole is already too big or on fire before crews on Carrier hear the sound.

US Carriers will be hit. I hope to see Hit Hawk create lobang on Carriers. Changi will have business: welding and patch up.

Anonymous said...

Will China unlease their people to raid or riot the jap's and ang mo's companies including the embassies ?

Anonymous said...

Wise to start battle now ? Don't think so. Only up security like US defcon 3 or something like tat .

Many foreigners in China. At least declare evac 1st before real confrontation.

Our TianJin project not too far.

Anonymous said...

@ Anon 11:24 pm

No matter what you use to hit, be it any missile, torpedo or shell or even your hand gun.

You need to know where is enemy.

If you cannot locate him, how to shoot him. Got it? need to explain further?

So now if you use your satellite to track him and expose his position. Then no idiot will stay in the same place for you to shoot, he probably need to go to Darwin to hide.

Until they come up with something to mask his location, you will render the carriers or anything useless without one shot fired.

If China cant find the enemy using satellite, it means all the missiles especially DF 21 is useless. YJ series missiles also need to locate the carrier or whatever location in order to fire.

Good to know your level, huh?

Anonymous said...

@ Anon 11:24 pm

Now what you say make sense and it may be a possibility.

Like in SE Asia politics, it could be someone who could purposely stir trouble for the govt to deal with. Xi created a lot of enemies this few years.

Anonymous said...

Sad to say China after so many years no real allies.

All its neighbors ex Japan all 50 50 .

Anonymous said...

Anon 11:43pm
"Good to know your level, huh?"
yes, you read the wrong post. i will not reply to your post, too high level to me.

Anon 11:46pm
I recommend you read Chilcot reports news to understand how dirty the scene behind to create war with Iraq and over threw the government, and had no plan to rebuild the place.
You will then conclude that politicians have no good ideas to implement but just play the shows as it come with their power.

Obama, Hillary who started this come back to asia, the real aim is to stir up against those who do not obey US. Xi is too soft in my view. But he did it right to decline US to sanction Russia. Xi did it very wrong to hug S Korea with free trade agreement but sanction N Korea trying to strangle North to die. China now pays the price for being alone, when US place a potentially damaging weapon near China border, and US use Hague to tarnish China reputation.

I think a war against US by sinking or damaging Carrier will help to boost Xi s reputation. He seems to be forced into corner and ready PLA to fire if US trigger first. Among the 4 PLA generals in Scs exercise, 1 is actually in charge of war in the South war zone. So war is real if trigger.

Xi will continue to stir shit for himself if he does not ban imports from Pinoys and S Korea. He must make these countries poor so that they will borrow from US or at least ask US to give free war ships or weapons. And Xi must continue to make more high tec weapons on hypersonic level, ie 5 time sound speed missiles. It will hit US and Japan as they are getting poorer in cash.

If Xi make pinoys and S koreans rich, the latter will kill China on behalf of US holding their hands. This is the projection to the future. Hope Xi go and a new guy can get the message clear from this lesson of Scs.


Anonymous said...

Guess China will "control, control and control" again.

Currently according to a PRC colleague, china media pretty quiet.

Z Z Z z z z z z .....


Anonymous said...

Print money again ?

Anonymous said...

Does Duterte truly dare to defy america and instead propose joint development projects with China on the South China sea?

Let's see whether he truly have the guts to do that or it's only a big talk with no concrete action.

Now it's the chance to start breaking free from america's grip; will Duterte be able to make us of this opportunity!? He only has very limited time.

Thanks for sharing the above article written Yoichi Shimatsu. There are tons of information there that's not easy to find somewhere else, even on the internet.

Anonymous said...

@ Anon 8:05am

You are so cute and naive.

You really think the one that stir shit are the foreigners.

Xi needs to be worry about the internal. Xi created so many enemies these few years.
All these PLA, civil servant and Pte ltd all depended on China's corruption to survive.

So many are waiting to relive the good old days given the govt salary is so little which is why corruption is widespread. Many want Xi to die.

Xi on one hand has deal to act tough to the foreigners to pacify PLA while on the other needs to be in control of the internal and take care of the economy. China 60% of the GDP relies on foreign trade. So many people has brought properties at peak prices and paying in installments. If the economy drops and have no jobs. Banks will go bust and people will be very angry.
So how does he balance both. If you banish so many countries, left with how many that can replace the amount of trade.

On top of that, where to generate money for weapons development? You think can copy like last time. Even Russians also smarter now as they know you will copy their advance weapons for free. Better to sell to Vietnam.

Look at the PLA navy age and CV. You got see how Putin commands russian forces to strike syria rebels back in comforts at home through large TV screens. Where got nowadays warzone commanders go on board vessels to monitor exercise. Need to catch up to be at least same like the Russians. A lot needs to be seen on the command and information capability of PLA Navy.

What the US is doing now is to create tension in this region in order for money to leave this region to park somewhere which is safe and stable. Li ka shing got the message loud and clear. The other intent is to make investors leave the world manufacturing center as the next generation of cheap labor is robots.

Xi got himself a big mess as he is surrounded by clowns.

No use deleting comments. More to come to voice alternative opinions at your expense.






Anonymous said...

@ Anon 11:03am

One thing for sure, i think it is much more easier for USA to plot a coup in Philippines than in China.