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Showing posts with label UNCLOS. Show all posts
Showing posts with label UNCLOS. Show all posts

Thursday, June 9, 2016

China urges Philippines to quit arbitration; Pushes back against US pressure

China urges Philippines to immediately cease arbitral proceedings


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http://english.cctv.com/2016/06/09/VIDESodRMnJFJdiaDZ3JKzuo160609.shtml


<<< Foreign Ministry spokesperson Hong Lei (Source: fmprc.gov.cn)

BEIJING, June 8 (Xinhua) -- China on Wednesday again urged the Philippines to stop its arbitral proceedings and return to the right track of settling relevant disputes in the South China Sea through bilateral negotiation with China.

Foreign Ministry spokesman Hong Lei made the comment at a routine press briefing.

The Foreign Ministry on Wednesday issued a statement saying that disputes between China and the Philippines in the South China Sea should be settled through bilateral negotiation.

Hong said that by unilaterally initiating the arbitration in 2013, the Philippines had turned its back on the possibility of solving the issue through negotiation, leading to a dramatic deterioration of relations between China and the Philippines.

China and the Philippines have reached consensus on settling maritime disputes through bilateral negotiation in a number of bilateral documents, but the two countries have never engaged in any negotiation on the subject-matters of the arbitration, said Hong.

By unilaterally initiating the arbitration, the Philippines has violated its agreement with China as well as its own solemn commitment in the Declaration on the Conduct of Parties in the South China Sea (DOC), he said.

This is an abuse of the dispute settlement procedures of the United Nations Convention on the Law of the Sea (UNCLOS), and is against international law, including UNCLOS, he added.

The door of China-Philippines bilateral negotiation is always open, he said. "China will remain committed to settling through negotiation the relevant disputes with the Philippines in the South China Sea on the basis of respecting historical facts and in accordance with international law."

"China urges the Philippines to immediately cease its wrongful conduct of pushing forward the arbitral proceedings, and return to the right path of settling the relevant disputes in the South China Sea through bilateral negotiation with China," Hong said. - Xinhua

BEIJING: China has urged the Philippines to “immediately cease its wrongful conduct of pushing forward the arbitral proceedings” and “return to the right path” of settling the relevant disputes in the South China Sea, through bilateral negotiation.

In an official statement released yesterday, the Foreign Ministry reaffirmed Beijing’s commitment to a settlement via two-way negotiations, rather than an arbitration unilaterally sought by Manila against China in 2013.

Ties between Beijing and Manila were sunk after the initiation of the arbitration. From the very start of the arbitral process, China has refused to accept or participate.

In the wake of recent comments made by various Chinese officials about the arbitration, the statement said “the door of China-Philippines bilateral negotiation is always open”.

Observers and the media have increasingly called on Philippine President-elect Rodrigo Duterte and his expected administration to quit the arbitration and return to the table for two-way negotiations.

The arbitral case is still pending. Some media and observers said the expected ruling by the arbitral tribunal would be made in a few weeks.

China will remain committed to settling through negotiation the relevant disputes “on the basis of respecting historical facts and in accordance with international law,” the ministry wrote.

In the past weeks, Washington has publicly pressed Beijing to accept the ruling.

That also included a call from US Defence Secretary Ash Carter on Saturday at the Shangri-La Dialogue in Singapore.

Wu Shicun, president of the National Institute for South China Sea Studies, said although it remained to be seen if the incoming Philippine administration would quit the arbitration and return to the table for talks, “it is apparent that the arbitration – from its very beginning – has led to increasing, not decreasing, number of problems between Beijing and Manila”.

“Other regional countries will come to the conclusion that embarking on such an arbitration will obtain no benefit, not to mention resolving any of the existing disputes,” Wu said.

Jia Duqiang, a researcher of South-East Asian studies at the Chinese Academy of Social Sciences, said as the arbitration process came to a critical moment, all parties knew clearly that “no good will serve any party if the big picture is damaged”.

He also said the incoming administration was re-evaluating its policies towards China. — China Daily / Asia News Network

China pushes back against US pressure




SINGAPORE: China rebuffed US pressure to curb its activity in the South China Sea today, restating its sovereignty over most of the disputed territory and saying it "has no fear of trouble".

On the last day of Asia's biggest security summit, Admiral Sun Jianguo said China will not be bullied, including over a pending international court ruling over its claims in the vital trade route.

"We do not make trouble, but we have no fear of trouble," Sun told the Shangri-La Dialogue in Singapore, where more than 600 security, military and government delegates had gathered over three days.

"China will not bear the consequences, nor will it allow any infringement on its sovereignty and security interest, or stay indifferent to some countries creating chaos in the South China Sea."

The waterway has become a flashpoint between the United States, which increased its focus on the Asia-Pacific under President Barack Obama's "pivot", and China, which is projecting ever greater economic, political and military power in the region.

The two have traded accusations of militarising the waterway as Beijing undertakes large-scale land reclamation and construction on disputed features while Washington has increased its patrols and exercises.

On Saturday, top US officials including defence secretary Ash Carter warned China of the risk of isolating itself internationally and pledged to remain the main guarantor of Asian security for decades.

Despite repeated notes of concern from countries such as Japan, India, Vietnam and South Korea, Sun rejected the prospect of isolation, saying that many of the Asian countries at the gathering were "warmer" and "friendlier" to China than a year ago.

China had 17 bilateral meetings this year, compared with 13 in 2015.

"We were not isolated in the past, we are not isolated now and we will not be isolated in the future," Sun said.

"Actually I am worried that some people and countries are still looking at China with the Cold War mentality and prejudice. They may build a wall in their minds and end up isolating themselves."

During a visit to Mongolia today, US secretary of state John Kerry urged Beijing not to establish an air defence identification zone (Adiz) over the South China Sea.

Kerry, who will visit China next, said an Adiz would be "a provocative and destabilising act", which would question Beijing's commitment to diplomatically manage the dispute.

The South China Sea is expected to feature prominently at annual high-level China-US talks starting in Beijing on Monday, also attended by US Treasury Secretary Jack Lew.

US concerns about Chinese trade policy and the difficulty foreign businesses say they face operating in China will add to what will likely be difficult discussions. — Reuters

Related: 

Philippine politicians, experts, opinion leaders call for bilateral talks with China on South China Sea issue

Politicians, international relations experts and opinion leaders from the Philippines on Wednesday called on President-elect Rodrigo Duterte to start bilateral talks with China on the South China Sea issue as soon as possible.

 Studio interview: Arbitration will not solve dispute
For more insights into the South China Sea issue, we have as our studio guest Jia Xiudong, a Senior Research Fellow from the China Institute of International Studies. Q1. China insists the Philippines unilateral arbitration is illegal. So how much do you think the arbitration can help solve the maritime dispute?

Beijing believes Manila is politically motivated

China believes that there are political motivations behind the arbitration by the Philippines, as it is an open denial of China's sovereignty. It brings uncertainty to how China would solve disputes with other countries.

South China Sea FAQ 2: What are China's historical claims to the South China Sea?

What are China's historical claims to the South China Sea?

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Friday, June 6, 2014

American hegemony cannot bring security to Asia

American defense secretary Chuck Hagel delivered a speech at the Shangri-La Defense Dialogue in Singapore on May 31st. In response to this irresponsible speech, the deputy chief of the General Staff of the Chinese People's Liberation Army Wang Guanzhong pointed out that Hagel's speech was filled with terms that will incite unrest in Asia.  Images for American hegemony cannot bring security ...

American defense secretary Chuck Hagel delivered a speech at the Shangri-La Defense Dialogue in Singapore on May 31st. In addition to defending America's pivot to the Asia-Pacific region, he also declared that the Diaoyu islands fall under the mutual defense treaty with Japan and voiced support for Japan's right to collective self-defense. Moreover, he placed emphasis on his criticism of China and made use of many threatening words.

In response to this irresponsible speech, the deputy chief of the General Staff of the Chinese People's Liberation Army Wang Guanzhong pointed out that Hagel's speech was filled with terms that will incite unrest in Asia. China had not foreseen that Hagel would deliver such an offensive speech. His accusations against China were unreasonable.

In order to maintain its hegemony and enjoy an economic dividend from the rapid development of Asia, America has devised a series of new Asia-Pacific strategies such as “Back to Asia”, “Pivot to Asia” and “U.S. Asia-Pacific Re-balance Strategy” to expand its military presence in Asia. America's so called “U.S. Asia-Pacific Re-balance Strategy” has increasingly aroused concern and anger among many of the countries affected on the one hand, and become the butt of criticism of influential strategists at home. We find ourselves in total disagreement with Hagel's groundless accusations - he would do well to subject himself to similar critical analysis.

As is widely accepted, the Diaoyu Islands, Xisha, Zhongsha and the Nansha islands have formed an integral part of China's territory since ancient times - there is no shortage of historical and legal evidence to support China's claims. China has nevertheless shown great restraint and patience in its calls for regional peace and stability, even when confronted with unreasonable demands and provocation on the part of other countries. China has exercised military restraint over the issues concerning the Diaoyu Islands, Huangyan Island and even the Xisha islands. Meanwhile, Japan's 'Self-Defense Force' jets have incessantly intruded into the East China Sea, far from the Diaoyu Islands to harass and threaten unarmed Chinese patrol aircraft.

Ships of the Philippine navy have harassed and threatened defenseless Chinese fishermen. Armed Vietnamese vessels have deliberately collided with Chinese government ships and fishing boats. China has never yet drilled a single oil well in the South China Sea, while countries such as Vietnam and Philippines have long been producing oil and gas in the area. We are curious about Hagel's motives in directing his accusations against China, while ignoring the efforts and sacrifices made by China in the interests of regional peace and stability.

Hagel's criticism of China as a 'rule-breaker' is a typical example of the hypocrisy of American politicians. The United Nations Convention on the Law of the Sea has met with approval from more than 150 countries since it was passed some thirty years ago. In pursuit of its own interests America, the self-styled “world policeman” and “supreme power” did not join the convention. With its own history of double standards, America has no business agitating for international laws and rules and attacking other countries for not abiding by these international rules.

China is no longer the downtrodden victim that it may have been one hundred years ago. China has no intention of stirring up trouble, but it will not sacrifice core national interests. Even in the face of provocation from Japan, the Philippines, and Vietnam, China remains tolerant and insists on peaceful settlement of disputes through bilateral negotiations. However, China is still forced to take counter-measures. We hope the nations involved do not interpret our tolerance as a sign of weakness. We hope they will turn back to the path of solving disputes through negotiation. Moreover, we also wish that America would abide by its promise of not taking sides in sovereignty disputes in Asia. In this way regional peace and stability and the long-term interests of nations in the region can be secured.

The countries mentioned above would be considerably less presumptuous without the support of America. In this sense, America is the chief instigator of unrest in Asia. America's insistence on its policy of hegemony offers nothing to Asian security and serves only to fuel disorder.<

Source: (People's Daily Online)    10:11, June 06, 2014
The article is edited and translated from《美国霸权带不来亚洲安全》, source: People's Daily Overseas Edition, author: Zhang Junshe, a researcher with the Navy Military Academic Research Institute.

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Wednesday, June 4, 2014

Shangri-La Dialogue proves unfairly dominated by Washington, regional harsh accusations

The Shangri-La Dialogue (SLD), held annually in Singapore, is a security forum where Western, especially US discourse power has the upper hand. It's not, as the West claimed, timed to deal with security anxieties ratcheted up in the Asia-Pacific region, but a platform to sell US security doctrines that are positively portrayed as "contributing to regional stability."

Throughout these years, three terms have been used over and over to describe China's defense policy at the dialogue, among which "uncertain" is the lightest one. In recent times, China has been increasingly accused of being "aggressive" or "bullying" others. The SLD, which is actually led by the US, offers a platform to communicate with Beijing while pressuring it.

Another purpose of the SLD is to coordinate relations among US allies. At the SLD over last weekend, US Defense Secretary Chuck Hagel rallied defense ministers from Japan and South Korea to hold a trilateral meeting despite strained relationship between Seoul and Tokyo.

Tempers frayed unprecedentedly at this year's SLD, as Japan and the US ganged up to antagonize China. The keynote address delivered by Japanese Prime Minister Shinzo Abe was a barrage against China and its recent behavior in the East China Sea and South China Sea disputes.

Abe emphasized the importance of international law to resolve or at least manage disputes. He also pledged Japan would play an "even greater and more proactive role" with stronger defense ties to Southeast Asia, including an offer to provide patrol boats to the Philippines and Vietnam.

In a subsequent address next morning, US Defense Secretary Chuck Hagel endorsed Abe's speech and unleashed a rhetorical fusillade on China.

The rhetoric from Tokyo and Washington only reinforced both countries' anxieties over China's growing might.

It's not difficult to pick out logical loopholes from Abe's elaborate speech. He clamored for respect for international law, but the prime minister's ambition to enshrine collective self-defense is a violation of Japan's pacifist constitution. How can we expect a man who disregards domestic law to respect international law?

Japan promised to enhance its security role in Southeast Asia. But how can its Self-Defense Forces still be called this if they stretch into Southeast Asia?

The clumsy attacks against China didn't score much resonance from the Southeast Asian contingent, the most important audience at Shangri-La.

Vietnam and the Philippines acted rather constrainedly in Singapore. And after Hagel's speech, a professor from Indonesia asked the defense secretary whether the US is contradicting itself by opposing one single country, implicitly China, dominating East Asia while the US itself pursues a dominant role. But Hagel evaded giving a direct answer.

The tone of this SLD was set during Abe's keynote speech. The Chinese delegation were duly incensed and forced to return fire.

Wang Guanzhong, deputy chief of the General Staff of the PLA, accused Abe and Hagel of sticking to each other targeting China, departing from the speech he had prepared for the dialogue. The Chinese side went toe-to-toe with Washington and Tokyo.

In its move from being a reluctant participant in the SLD, China now engages actively in the security forum.

This year, the sizeable contingent from China includes military representatives, scholars, media persons and a diplomatic delegation led by Fu Ying, chairperson of the Foreign Affairs Committee of China's National People's Congress.

The primary goal of the Chinese delegation was to advocate and elaborate a new security concept for Asia. Nonetheless, we were kidnapped by the crude Western accusations and forced into a defensive battle.

In recent years, there are soaring attacks against China at the SLD, a West-dominated platform.

China should prepare itself for provocations and respond in a more wise and humorous way. There is no need to be led by the nose by the Western countries.

More importantly, we should cultivate and expand the clout of multilateral platforms where China can have a bigger say, such as the Conference on Interaction and Confidence Building Measures in Asia and the World Peace Forum.

Sources: The article was compiled by Global Times reporter Yu Jincui with Jin Canrong, associate dean of the School of International Studies, Renmin University of China. yujincui@globaltimes.com.cn

Regional harsh accusations overshadow Shangri-La talks

Perhaps the number "13" is unlucky after all. For, over this weekend, the 13th Shangri-La Dialogue (SLD), the premier Asia-Pacific security forum held annually in Singapore, was unfortunately shrouded in a thicket of almost tangible tension.

The first salvo was launched by none other than the increasingly controversial Japanese Prime Minister Shinzo Abe. During his keynote speech at SLD opening dinner, Abe made a thinly veiled accusation that China upset the status quo in the East China Sea by threat of force.

Abe talked about the need to change the country's legal basis, a reference to the amendment of Japan's pacifist constitution, to enable it to take part in "collective self-defense." But amiss in Abe's extensive description of the "new Japanese" concept was any mention of Japan's militaristic past which still casts a dark pall over many of its victimized neighbors.

The next morning, as if in sync, US secretary of defense Chuck Hagel wasted no time in his keynote speech to directly confront China by accusing the latter of unilaterally altering the status quo in the South China Sea.

Hagel followed up by officially stating the US disapproval of China's setting up of an Air Defense Identification Zone in the East China Sea. Echoing Abe, Hagel agreed with the need to amend the Japanese constitution, and even mooted the reassessment of their joint defense treaty.

The unusually blunt and strident US posture during this year's SLD startled many observers. But a careful examination of the recent chain of events both regionally and worldwide may provide some clues as to Hagel's tough tone.

A rapidly emergent China, with its attendant rising confidence in tackling foreign and regional matters, almost inevitably gave rise to the perception among some US policymakers that the hitherto more or less unchallenged regional leadership of the US in the Asia-Pacific region was being increasingly sapped.

This resulted in the US urgency to reassert its preeminent role in at least the security matters of the region. Hence the notions of "pivoting" and "rebalancing" rang aloud in US rhetoric versus this region. This sense of acute leadership reinstatement is further exacerbated by recent US foreign policy fiascos around the world.

The Edward Snowden-revealed US blatant spying on foes and allies alike continued to gnaw at global US credibility and moral standing. US President Barack Obama's own threat of use of force to resolve the Syrian civil war was essentially upstaged by a last-minute Russian brokered deal to avert imminent attack.

Yet the Chinese responded to these seemingly joint attacks with a two-pronged approach. The more genteel response was delivered by its former vice foreign minister Fu Ying, who reassured the region of China's peaceful intension and long-standing contribution to regional security.

The more head-on response came in the form of off-the-cuff remarks Wang Guanzhong, deputy chief of the General Staff of the PLA, who characterized both Abe and Hagel's speeches as being provocative to China.

Nevertheless, it should be mentioned that the general mood among many of the SLD participants from regional neighbors was such that while potential Japanese remilitarization and the return of US hegemony in the region were certainly not welcome, a certain perception of increasing Chinese assertiveness in the region, rightly or otherwise, was also taking root. China needs to redouble its efforts in assuring its neighbors of its purported peaceful rise.

But despite their confrontational postures, both Wang and Hagel made ample mentions of various ongoing and perspective security cooperation mechanisms between the US and China, giving the impression that their "new type of major power relationship" could still hold up despite stark differences.

In addition, Abe, Hagel and Wang variously gave high praises for the important roles in regional security played by East Asian Summit, ASEAN Regional Forum as well as ASEAN Defense Ministers' Meeting-Plus.

It is in this sense that despite the dense and serious mood permeating this year's SLD, a glimmer of hope can still be gleaned.

Contributed by Ei Sun Oh Source:Global Times Published: 2014-6-3 19:38:01
The author is a senior fellow with the S. Rajaratnam School of International Studies, Nanyang Technological University, Singapore. opinion@globaltimes.com.cn

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Tuesday, June 3, 2014

China reiterates principle for solving island disputes, China's claims are lawful based on history

  China: S. China Sea claims lawful, based on historical record

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SINGAPORE, June 2 (Xinhua) -- Island or maritime demarcation disputes should be solved through coordination and negotiations between directly involved parties on the basis of respecting historical facts and international law, a Chinese general said on Sunday.

China's sovereignty, sovereign rights and jurisdiction in the South China Sea were established through the long process of historical development, said Wang Guanzhong, deputy chief of general staff of the People's Liberation Army (PLA), at the 13th Shangri-La Dialogue..

It can be traced back to over 2,000 years ago, or the Han Dynasty, when China started discovering and gradually maturing its administration over the South China Sea, especially the Nansha Islands and related sea area, Wang said..

The Xisha Islands and the Nansha Islands, both in the South China Sea, were occupied by Japan during World War II, and returned to China in 1946 under the Cairo Declaration and the Potsdam Proclamation..

After the return of these islands to China, the Chinese government in 1948 mapped out the nine-dash line, which is clearly marked in historical documents and world maps drawn by different countries, the general said..

China's neighboring countries never raised doubts about China's sovereignty, sovereign rights and jurisdiction over the Nasha Islands, the Xisha Islands and the related sea area until the 1970s when rich oil resources were discovered in the South China Sea, he said..

China, as a signatory country to the United Nations Convention on the Law of the Sea (UNCLOS), respects the convention which took effect in 1994. However, Wang said, China's sovereignty, sovereign rights and jurisdiction over the South China Sea islands and islets as well as related sea waters came into being over the past 2,000 years..

The UNCLOS, which took effect in 1994, cannot re-demarcate sovereignty, sovereign rights and jurisdiction that came into being over such a prolonged period of time in history, while recognizing countries' historical rights over seas and islands and islets, Wang said..

The UNCLOS is inapplicable to the adjustment of ownership of sea islands and islets, he said. The law governing the sea is an enormous and comprehensive law system, not merely a single UNCLOS..

Meanwhile, the adjustment is also not merely subject to a single international law of sea -- there is an enormous international law system which includes the international law of sea, he said. Thus, only using the UNCLOS to argue is not workable, he said..

China has signed the UNCLOS and respects it, but the United States has not signed the convention because it feels many provisions of the convention are against it, he said..

Wang noted China's stance in this regard is coherent and clear, that is, China advocates solving the disputes over islands and maritime demarcation through direct consultations and talks with the directly-involved parties..

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