The South China Sea tribunal unilaterally initiated by
Phillippines with USA and Japanese instigation and backing is bogus,
illicit and illegal. It is not under UN auspices and UN has stated
clearly it has nothing to do with the sham tribunal. USA agenda in the
South China Sea is part of its overall plan to contain China and its
world strategy to destroy Russia and China as they are the only two
countries obstructing USA evil plan to dominate and hold hegemony over
all countries on earth.
Since United Nations has officially
announced that it has nothing to do with the bogus tribunal it is the
duty and responsibility of every world citizen who loves peace to
denounce the USA stunts on the issue. Western mass media should stop
deceiving the world by stopping its constant harping on USA stunts and
the illicit announcements of the sham tribunal. Politicians and so
called intellectual research fellows in institute of strategic studies
in some ASEAN countries should stop parroting the western media . They
should denounce the sham tribunal and condemn USA and the Philippines
for trying to deceive everybody into believing the Philippine ploy of
stealing Chinese territorial islands and seas in a convoluted way.
Denouncing and condemning the US / Philippine falsehood is the only way
to go failing which these politicians and strategic study researchers
will shamefully go down in history as accomplices to the insidious plan
of the Evil Empire - USA.
Any political leader, academic or journalists that chose to repeat that the PCA ruling on the South China Sea is legitimate and legal and refusing to acknowledge the position of the UN is being mischievous for not wanting to know the legitimacy of this PCA tribunal when they know that it is not sanctioned by the UN.
ReplyDeleteRelated to 10:55am
ReplyDeleteThe Japanese FM replied in press conference on 13th that Okinotorishima is an island to Japan.
It means Japan can arrest Taiwanese fishing within 200 nmilies of the "island". In July 2016, a Taiwanese fishing boat was arrested for fishing near Okinotorishima, and the tw fisher man was fined by Japan a huge sum.
The ballest Taiwanese would allow their fishermen to be arrested by the Japanese and would not protest. Even let the Pinoys shot and killed their fishermen and lan lan do nothing.
ReplyDeleteTaiwan is a lame country.
My 10:55am post was deleted. I repeat those points.
ReplyDeleteThe UN will not sanction the tribunal as 10:30am. The Philippines staged a temporary one sided tribunal is within Philippines own rights to do so.
Philippines paid USD30millions for the "product" the judgment on 13th July.
But, media including those in little dot claimed the Philippine judgment is a "UN tribunal" product was a concern to UN. On 12th July, UN s International Court of Justice at Hague clarified it had nothing to do with the Philippine judgment.
Ocean laws under UN ITLOS also came out to clarify it had not provide judges whatever with Philppine judgment.
PCA had provided room on rental basis and secretarial service to the Philippines team. PCA is a private org. PCA did not provide arbitrators. If people think it is a PCA judgment, it is people s own opinion, but not factual.
Japan did not recognize the Philippine judgment. The Japan FM on 13th said in press conference Okinotorishima, a rock size of 2 queensize beds is an island to Japan. That rock cannot have human living on it. While Taiping island has human living on it, is specifically mentioned in the Philippine judgment as a rock, not an island.
While Japan did not recognize the judgment on rock and island for Okinotorishima, Abe in Asia Europe meeting at Mongolia wanted China to recognize the Philippines judgment. The meeting did not mentioned it in its closing statement. Merkel did not recognize the judgment.
Continue 11:16am
ReplyDeleteIn May 2016, a Taiwanese fishing boat was arrested by Japan Coast guard for fishing near Okinotorishima. The captain was sent to Japan jail at Yokohama city. The Taiwanese was said to pay 1,140,000 taiwanese dollars to get back the boat and captain.
With the Philippine judgment being recognized by Japan, Philippines, and probably Vietnam, Taiwanese fishing boats will have little areas for fishing, as they will have to do it within 12 nmile from Taiping island, instead of the usual 200 nmiles. 12 nmile is not long enough for Taiwanese to cast their nets in one go.
Readers supporting the Philippines judgment must understand that little dot fisher man doing fishing even on leisure boats outside St John or Tekong 12 nmiles may be arrested by someone from neighbouring countries, applying the Philippines judgment, similar to the Taiwanese case.
Since the Philippines temporary tribunal s judgment on 12th July, China escalated the Scs situation using far superior aircraft.
ReplyDeleteChina on 15th showed a picture. A Hon-6k flew over Scarborough Shoal to warn Philippines and US on the consequences. US Carter had warned in Shangrila in June that if China develops that island, US will respond. There was no doubt of what he meant.
Yesterday, the China Chief Naval officer attended the Scs big live firing week ago told John Richardson, the top Naval officer in US that China will defend Scs and China is not scared of outsider flexing muscle. And most of all, the China naval chief said China will continue to develop Scs island.
Not recognized Philippines judgment means not following Carter s "principle". Not stopping island development means not following Carter s instruction.
What can US do now? Eat on its own words and back off?
Forbes said: Hon-6k can fire missile from the air reaching Singapore and guam, all US bases in Asia.
China s Hon-6k can fly 8000km and stay in the air for 10 hours.
US has not shown China its power. Its time to take off with more aircraft in Scs. My hope is US should follow its words, actions, as Harris said it far earlier. That is something many people are hoping US to do it. What do u think?
Do you think Asians are very good at setting up kangaroo courts?
ReplyDeleteAnon 2:52pm
ReplyDeleteCourt and Arbitration is different. Court work with professional interpreting sets of rules call Laws. eg Ocean Laws have Court judges to interpret the Ocean Laws, 21 of them. The Philippines avoided them. The judges will only interpret the Oceans laws. They will not judge on territorial rights such as 9 dash lines.
Arbitration is to seek solutions on problems involving disputes. Any arbitration must be settled by both sides involve in the disputes, the arbitrators will have an objective view to offer the 2 sides so that they can agree with the solution. This Philippines arbitration has not intended to achieve that. Philippines ignore one side is not agreeable. It went ahead and also ignore the judges were not qualified. The judgment turned out to be so ugly. Taiping island was smashed to be a rock in order to hold all other small islands to be rocks and not islands.
The judges had limited knowledge on Taiping island yet ruled on its status based on non factual information.
They knew the difference between rock and island, and held their writings to favor one side.
Latest news on CNA
ReplyDeletePhilippines says rejected China offer of conditional dialogue on South China Sea dispute .
So this new president also not gong one.
Chinese in Hebei resorted mob to harass crowd eating kentucky. Want people to stop using Iphone, nike, US, Japan, SK, pinoy products. Might as well ban coke, pepsi, Mcd.
What this means: new business opportunity for smuggling from HK. Same like old times.
The so called arbitral tribunal dont have jurisdiction over Sovereignty issue.
ReplyDeleteWhy does the arbitral tribunal define the notion of sovereignty ? It apply to land features only.
Tribunal only have jurisdiction over UNCLOS application and interpretation.
The problem is that China did not submit 9 dash line claim to the UNCLOS or trying to justify it based on UNCLOS.
China was aware that UNCLOS and 9 dash line was incompatible because 9 dash line had exist before UNCLOS.
Philippine dont have right to ask Arbitral tribunal to adjudicate 9 dash line and linked it to UNCLOS application and interpretation.
Unless China had attempt to support 9 dash line under UNLOS provision.
Otherwise, Philippine could ask Arbitral tribunal to adjudicate whether USA Mexican cessation treaty complied with UNCLOS application and interpretation.
Of course, The tribunal would declare that it was incompatible with UNCLOS.
This is basic common sense.
Another interesting point is that
ReplyDeleteWho had granted the power to the temporary tribunal sets by Philippine side to adjudicate the case under the UNCLOS?
Philippine and China dont have a written agreement.
Under the UNCLOS provision, there are no mention of any authorized judicial institution for initiating such ad hoc arbitration.
Philippine and China have disagree with their each other 's choice of ad hoc arbitration and the venue.
For instance, UK sign European Convention of Human right (ECHR).
Under the convention, they can refer the case to the ECHR court. (authorized judicial bodies)
Can Iran court declare that they have jurisdiction to hear case related to USA law?
How can temporary tribunal sets by Philippine have jurisdiction to hear case related to UNCLOS ? -not sanctioned by UNCLOS, not by UN, not by China
The illegal tribunal declare that they have jurisdiction to hear the case. Is this not a Joke?
Iran court can also make same declaration that they had jurisdiction to hear case related to US Law.
Because USA sign the UN treaty.
Red bean, read about Philippine arbitration law.
ReplyDeleteAccording to the Philippine Arbitration law,
the awards can be vacated on the following grounds
a)the arbitral award was procured through corruption, fraud or other undue means
b)There is evidence of partiality or corruption in the arbitral tribunal or any of its members.
c)The arbitration agreement did not exist, is invalid or is otherwise unenforceable.
.............................................................................
It could apply to the SCS case .
The arbitration agreement did not exist between Philippine and China,
Thanks anon 9L34. But wonder why so many academics and political leaders are claiming that the kangaroo court is legitimate and China must accept its farcical ruling or be seen as not respecting international law?
ReplyDeleteThere seems to be a concerted effort to shaft this kangaroo court's ruling onto China by 'friends' and foes of China. They just refused to want to know that this is a kangaroo court.
Our main media are full of articles singing the same song and taking the same position.
The Philippines had succeeded to use single sided arbitration to win its territorial rights claims on China s 9 dash line islands. Philippines also managed to twist the facts that Taiping island on US state department map into a rock. This is a fantastic job. The success came from Japanese great help.
ReplyDeleteNow Japan Abe s Liberal Democratic Party decided on 13th to Challenge China in Ocean Laws arbitration on east seas gas exploration within the china held islands.
Japan does not want to talk to China. It wants Oceans Laws to decide Japan can do gas exploration in South China Sea.
China now is in trouble for joining the Ocean Laws. China better change the Ocean Laws to take out whatever inside allowing single sided arbitration. This kind of single sided arbitration has become a political tool.
Good luck to China. Still allow Abe to make RMB from China and screw China from the back, similar to Philippines and Vietnam. Stupid china right? Yet it has the PLA, there is no use of force. The force is in Ocean Laws single side arbitration.
Good to see if Abe dares to put his oil rig in the South China Sea.
ReplyDeleteUS and Japan can still push a few more buttons on China.
ReplyDeleteQuite sure China will have to tolerate as they are having other issues e.g. massive rain and floods, maybe food issues ? ( 进入7月来中国各种下雨，不理解的是这个雨咋就耵着中国下, 而且都是粮食主产区 ? )
Sometime i wonder if the moral behavior of Chinese is really good ? Else Heaven like to joke with them ?