A very good example is
the South China Sea dispute case. It was very obvious that the Arbitral
Tribunal in The Hague was a private and commercial organisation set up
specifically for willing parties that voluntarily elected to seek the Tribunal
to mediate their disputes but not a compulsory organisation of the UN. The
institutions of the UN are the ITLOS and the ICJ. But since the Arbitral
Tribunal made its one sided decision on the South China Sea dispute, the main
media, especially the western media or those that have vested interest to want
to toe the line of the American/Japanese camp have consistently and
continuously been reporting that The Hague was a UN backed institution. What
does this UN backed institution mean? Is it a representative of the UN?
Obviously not. The UN has its own legal institutions and the Tribunal in Hague
is not one of them. So why and what is the purpose of harping this line of
thought in the main media when it has no legal purpose?
The main objective is to
create a false impression in the minds of innocent readers that it is backed by
the UN and thus authoritative and not abiding by its decision is violating
international law or not respecting the UN. The truth is far from it. If it is
so, the UN would have made official statements to demand that China respect the
rulings of the Tribunal. The UN has taken an unusual silent stand on this
issue, nothing to do with it. That speaks a lot about the legality of the
Tribunal and its so called "UN backed'' status.
What is mischievous
about the main media is how they glossed over the biased, unfair and unjust
constitution of the Tribunal and the whole process. The main flaw is that it is
an arbitration court of choice by the parties in disputes and must be neutral
to both parties, agreed by both parties, before it would be accepted to
arbitrate a dispute.
In the South China Sea
dispute, China did not agree to the Tribunal as the arbitrator or mediator.
This alone would rule out its role as a court of choice. The second
important point is that both parties must choose and approve the constitution
of the court, ie, appointing the judges that they have confidence to be fair and
just. In this case, the judges were appointed by a Japanese unilaterally
without the consent of the other party. And it was clear that the process of
picking the judges was to ensure that the judges would rule in favour of the
camp appointing them. And the judges were also paid by one side of the camp in
the dispute.
How can a court constituted
in such a contrived manner be fair and fit to arbitrate between two parties of
which one is unwilling? The main media chose not to expose this fraud and
played on as if nothing was wrong with the whole process and the appointment of
the judges by one party and paid by one party. This totally exposed the evil
scheme of the main media and the parties behind them to mislead its readers to
believe in a scam. This is an insult to the intelligence of the readers and an
injustice committed by the main media, a very shameful act for an institution
that is built on the foundation of trust and honour.
The main media has lost
all its credibility, integrity, trust and honour in the shameful way they
conduct themselves in reporting distorted and one sided truth to mislead its
readers. It is despicable for the main media to think it can continue to tell
lies and half truths to its readers and to be able to get away with it. They
could if the readers are unthinking and chose not to question the half truths
in the main media. Anyone that cannot see injustice, unfairness, and fraud and
go about shouting that it is right, just and fair got to have his head
reexamined.
The main media have not
stopped its untruthful reporting and are still reporting the rulings of the
Tribunal as legally binding and backed by the UN despite the unfair constitution
of members of the court. When the main media chose to report a kangaroo court
as an honourable and fair court, it subjects the integrity and credibility of
the main media to question and public scrutiny..
