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.