Japan’s denial of past military aggression undermines world peace; intervention in SCS perverse, vicious


https://www.youtube-nocookie.com/embed/p57piVGcVqg

August 15 marked the 71st anniversary of Japan’s unconditional surrender during World War II. However, on this special day when Japan should spend time reflecting on its history of militaristic aggression, its Prime Minister Shinzo Abe sent a ritual offering to the notorious Yasukuni Shrine.

The Yasukuni Shrine, which honors 14 Class-A convicted war criminals among 2.5 million Japanese war dead from WWII, is regarded as a symbol of past Japanese militarism.

The honoring of war criminals, no matter what form it takes, only serves to further hurt those Asian neighbors that Japan once invaded. Such perverse acts to whitewash its crimes of military aggression runs contrary to the pursuit of peace in Asia and the world at large.

It’s common knowledge that the Yasukuni Shrine is a source of spiritual inspiration for Japan to start another war of aggression. Yet, the country’s new Defense Minister Tomomi Inada has tried to associate such a notorious place with the mourning of soldiers belonging to Japan’s Self-Defense Forces.

She claimed at a recent seminar that “the Yasukuni Shirine is not the place to vow not to fight. It needs to become a place where we vow to desperately fight when our Motherland is at risk.” Her words shocked even the Kyodo News.

The 71-year-peace after WWII was hard-won. Born from the victory over fascism, this peace has been the foundation for post-war international order. This conclusion is not something that can be ignored, denied or overturned by any country.

World peace and the post-war order, which came at the cost of the blood and lives of the peoples of Allied countries, is closely tied to justice.

Last year, the world commemorated the 70th anniversary of the end of the World Anti-Fascist War, but some countries, looking out for their own interests, have turned a blind eye to the wrongdoings of Japan and have even urged Japan to abandon its pacifist constitution. The world today is witnessing the negative impact brought about by this short-sighted strategy.

By erasing its invasion history, Japan is on one hand attempting to lock away memories of the war and on the other hand setting the stage for future action. In the House of Councillors election in July, lawmakers pushing for Constitution amendments won more than two-thirds of seats. This has led to forward-thinking people in Japan to also begin worrying about the “return of war.”

In order to strengthen military power and shake off the post-war order, the Abe administration usually uses the so-called “China threat” as an excuse to deceive the Japanese public and other parts of the world.

After Japan adopted its new security laws that lifted a decades-old ban on collective self-defense, the Abe administration has been making every effort to contain China by instigating disputes between China and other countries.

On the day when the so-called arbitral decision on the South China Sea dispute was announced in July, Japan, a non-party in the issue, immediately pressured China to accept the arbitration. At the following 11th Asia-Europe Summit and foreign ministers’ meetings on East-Asia cooperation held in last month, Japan reiterated its stance again and again.

In the country’s annual defense white paper issued in early August, Japan pointed fingers at China over the South China Sea issue once again. The paper also made irresponsible remarks concerning China’s armament, military expense and transparency. These actions by the Abe administration has triggered alarm and concern throughout the international community.

Japan’s tribute at the Yasukuni Shrine on Monday once again reminds us that world peace is not that should be taken for granted, it demands continual justice and also the capability to defend it.- People’s Daily

Japan’s intervention in South China Sea perverse, vicious: expert

Japan’s efforts to muddle the waters of the South China Sea are perverse acts that turn back the wheel of history, a Chinese expert wrote on Monday in an article that marked the 71st anniversary of Japan’s unconditional surrender in World War II and called on the public to ponder Japan’s real intentions.

In the People’s Daily article, Hu Dekun, the president of China Association for History of WWII, pointed out that the war of aggression initiated by Japanese fascists during the 1930s and 1940s had brought tremendous disaster to people both in China and the Asia-Pacific region.

As an assailant country, Japan should be held accountable for its war crimes. However, in order to cement its global hegemony, the US, who then exclusively occupied Japanese territory, allied with the latter in the hopes of dominating the Asia-Pacific order.

But instead of repenting for its war crimes and improving ties with the victimized countries, Japanese right-wing politicians started bullying other countries under the support of the US, read the article, titled “Perverse Acts of Japanese Government.”

Things got worse after the US adopted its “Asia-Pacific Rebalance” policy, Hu writes, citing the South China Sea issue as an example.

Hu noted that in a bid to contain China, Japan repeatedly instigated disputes between China and other countries around the South China Sea. Japan, a country not involved in the South China Sea issue, joined the US as another agitator in meddling the waters.

According to Hu, Japan is attempting to get rid of the post-war order by amending its constitution.

After Japan officially adopted the new security laws that lifted the decades-old ban on collective self-defense, the country is now planning a constitution amendment. But the biggest roadblock ahead is public support. The Abe administration is seeking that support by playing up the “China threat.”

What’s more, Tokyo hopes divert public’s attention from other domestic issues. The Abe administration has lost credibility after “Abenomics” failed to revive the Japan’s sluggish economy. By fanning the flames of the South China Sea issue, the administration hopes to route domestic conflicts and consolidate its power.

By poking its nose in the South China Sea, Japan wishes to buddy up to the US. Though the US tried to manipulate some counties to challenge China, its “Asia-Pacific Rebalance” policy suffered serious setbacks by China’s diplomacy, friendships and policy of win-win cooperation, especially as the “Belt and Road” initiative aims to benefit most of its neighboring countries. Japan wants to take this chance to curb China so that it could pander to its alliance with the US.

“What’s Japan’s real intention for interfering in the South China Sea issue? Is Japan going to repeat its mistakes? ”asked Hu. – People’s Daily

Related posts:

Aug 6, 2016 Once again, in its latest defense white paper, Japan has shamelessly accused
China of jeopardizing regional peace and stability, playing up …
Jul 18, 2016 China hardens after questionable tribunal ruling on South China Sea ….
Permanent Court of Arbitration clarifies role in South China Sea case THE HAGUE, July 16 … 不合法的裁决不过废纸一张, Illegal ruling but a waste paper.
 5 days ago Beware of meddling via soft power ! Joining the club – Illustration: Shen Lan/GT.
MEDDLING by foreign powers is an established phenomenon …

Beware of meddling via soft power !


MEDDLING by foreign powers is an established phenomenon for as long as one can remember. They are not limited only to the Muslim countries and communities. For example, last year at the Seventh Summit of the Americas in Panama City, President Barack Obama indirectly admitted this when he publicly stated that the days of US interference in the affairs of Latin America were coming to an end. Reportedly, he said, “the days in which our agenda in this hemisphere presumed that the United States could meddle with impunity, those days are past”. Some traced this to as far back as the conquest of the Americas by the Europeans in the fifteenth and sixteenth centuries especially after its so-called “discovery” by Columbus. Perhaps, the major difference is that there are many more Latin American leaders and populace who are more “resolute” than their Muslim counterparts in resisting any attempt to meddle.

More generally “colonialism” is one form of meddling that many parts of the world have experienced, and are still suffering from it. Malaysia is no exception, no denying that there are some benefits to be learnt from the process. But where it hits the “mind” is where it is more toxic to the extent that it can debilitate. Even long after achieving independence the “colonised” mindsets are still clearly felt whether at the level of the leadership or the population at large. The post-Merdeka generations are more vulnerable when they are shut out from the larger discourse affecting the future of the nation, ironically due to yet another form of “meddling” that left them disenfranchised. In the days of social media, the impact of this can be phenomenal, what with other contending parties that are more than eager to attract their attention, as we have seen recently.

Social media is an excellent platform for yet another form of meddling – soft power. Coined a few years ago, soft power describes “the ability to attract and co-opt using persuasion (mind-twisting) rather than by coercion, notably by bullying and arm-twisting (hard power). To the disenfranchised, soft power is said to be very appealing especially when “credibility is the scarcest resource”, as explained by Joseph Nye, who introduces the concept. In fact more recently, the term has expanded to include “changing and influencing social and public opinion through relatively less transparent channels and lobbying through powerful political and non-political organisations.”

Of the six factors that are often associated with enhancing soft power, education and culture seem to be pivotal. In other words, meddling can be carried out discreetly using these two dimensions. Indeed, Nye did suggest how higher education leaders might enhance American soft power by increasing international student and cultural exchange programmes. Viewed this way, soft power is a very subtle extension of the colonial process without even realising it. A case in point is when in 2007 the Rand Corporation in the US developed a “road map” for the construction of moderate Muslim networks and institutions “that the US government and its allies need, but thus far have failed, to develop clear criteria for partnerships with authentic moderates”. It therefore proposes “the building of moderate Muslim networks an explicit goal of US government programmes”.

More explicitly, it listed who the “moderates” are to be targeted according to priority, namely: liberal and secular Muslim academics and intellectuals, young moderate religious scholars, community activists, women’s groups engaged in gender equality campaigns, and finally moderate journalists and writers. It argued that “the US should ensure visibility and platforms for these individuals.” For example, to ensure that individuals from these groups are “included in congressional visits, making them better known to policymakers and helping to maintain US support and resources for the public diplomacy effort.” If these sound like “meddling”, it is because it is one – effectively disguised as “soft power”. It is without doubt, yet another attempt among many to continuously interfere and manipulate the situation from the perspective of the authors and the sponsoring institution. Despite this it is very sad if Muslims are oblivious to the sleight of hand, and succumb to the form of endless meddling. Only to realise that it causes more confusion and divisiveness among the community.

In the days ahead before Aug 31, it is incumbent upon us to deeply ponder what Merdeka means beyond the routine parade and march-past, flag-raising ceremony and singing the national anthem.

By Dzulkifli Abdul Razak, theSundaily

With some four decades of experience in education, the writer believes that “another world is possible”. Comments: letters@thesundaily.com

Related :

N. Korea to take ‘physical action’ over US anti-missile system

China, Russia should join to foil THAAD –It is highly impossible that the US will set up a reliable global anti-missile system.

 

Tokyo’s provocations lead to tit-for-tat responses

It is Tokyo’s intransigence that is to blame for much of the tension that has arisen with China in recent years over islands in the East China Sea.

Tokyo should not try to lead Manila astray

Both Beijing and Manila have kept a low profile over the visit of former Philippine president Fidel Ramos to the Hong Kong Special Administrative Region in the past couple of days, but his mission has been evident: to seek the possibility of easing the strained bilateral
relations.

 Related posts:

Pawn of the USA Public opinion in the Republic of Korea is divided over whether the deployment of the United States’ Terminal
Hig…

Tokyo hype Once again, in its latest defense white paper, Japan has shamelessly accused China of jeopardizing regional peace and stabi…

Jul 22, 2016 More than 2,000 people from Seongju county, where one THAAD battery will be
deployed, gathered at a square in Seoul for a rally on …

Jul 19, 2016 South China Sea arbitration award won’t hamper China-ASEAN cooperation: ….
China hardens after illegal tribunal ruling on South China Sea. PLA Air Force conducts combat air patrol in South China SeaJul 19, 2016 … South China Sea arbitration award won’t hamperChina-ASEAN cooperation: …. China hardens after illegal tribunalruling on South China Sea.
Jul 18, 2016 China hardens after questionable tribunal ruling on South China Sea …. Permanent Court of Arbitration clarifies role in South China Sea case THE  HAGUE, July 16 … 不合法的裁决不过废纸一张, Illegal ruling but a waste paper.

Stay vigilant to Japan’s “China Threat”, right-wing ‘hawk’ Inada as new defense minister


Once again, in its latest defense white paper, Japan has shamelessly accused China of jeopardizing regional peace and stability, playing up the “China Threat” for its own right-wing agenda.

As the Abe administration moves Japan’s security policy further and further to the right, rebuilding the country as a military power, those neighboring nations who remember the past look on aghast.

The new defense paper adopts an even more confrontational tone compared to previous ones, accusing China of “changing the status quo by relying on its strength” and expressing “deep concern” over China’s activities in the East and South China seas.

If history is indeed a mirror, then surely that mirror reflects Japan’s recent record of stirring up regional trouble and enmity wherever and whenever it can. If there is any meddling with the status quo, it is easy to see that Japan is the meddlesome one.

In 2012, Tokyo stoked up tensions in the East China Sea through the transparent farce of “purchasing” the Diaoyu Islands. Warships and aircraft were dispatched to the islands’ waters and skies, harassing Chinese vessels and aircraft going about their lawful business.

On the South China Sea, Japan — far from an interested party — can’t seem to keep its nose out of the issue, pointing fingers at China and cheerleading for distant parties who also seek to interfere in the dispute.

And then in April, Japan sent warships to the Philippines, perhaps as a direct “thank-you” for the spurious South China Sea arbitration, laying bare its attempts to mount pressure on China.

The Abe administration has tinkered with the stability of the Asia-Pacific and conjured up security threats for no reason other than to justify a move to the right: a militarist move which includes, but is not limited to, easier arms trade, weaker civilian control over the military, and these controversial security bills.

This year’s white paper makes much of the “constitutionality” of Japan’s new security laws – the legal foundation for the right-wing to take control of Japan’s defense.

Japan talks of “concern” and “vigilance” over China’s military development, and has done so in its annual papers since 2005. After new security legislation last year, Japan has taken a more proactive approach, a more aggressive approach, directly condemning and challenging China.

Abe and his coalition partners are clearly speeding up their attempts to rewrite the constitution before his tenure ends in 2018. Laws allowing Japan to engage in armed conflict overseas, even if Japan is not attacked or threatened, came into effect in March. The Abe administration is inching closer to its dream of replacing the country’s pacifist constitution with… a different kind of constitution.

The fanciful “China Threat” and tensions in the region are the best excuses for aggressive military and security polices that Tokyo can cook up.

Seven decades after World War II, Japan now stands at a critical juncture: to continue on its peaceful path or to return to militarism with all the fears and tensions that will bring to the region.

Each and every responsible member of the international community must stay vigilant. This peace and stability was hard-won. Its loss will be harder still. – Xinhua

Abe appoints ultra-right wing “hawk” Inada as new DM to push military agenda

https://www.youtube-nocookie.com/embed/X0kSBfF7XS4

Her comment that Japan’s actions during the war “depends on one’s point of view” has sparked anger from neighboring South Korea and China.

Japan’s new Defense Minister, Tomomi Inada, inspects a honor guard on her first day at the Defense Ministry in Tokyo, Aug. 4, 2016.

TOKYO, Aug. 3 (Xinhua) — Japanese Prime Minister Shinzo Abe‘s appointment of Tomomi Inada as defense minister following a cabinet reshuffle on Wednesday has underscored his intentions to forge ahead with a controversial push to amend the nation’s pacifist Constitution and further expand the scope of the nation’s military, observers here have said.

The prime minister, nevertheless, has maintained that the reshuffle was aimed at speeding up the pace of the nation’s sluggish economic revival, following multiple failed installments of his “Abenomics” economic policy mix, following the approval a day earlier of a 28.1 trillion yen (277.74 billion U.S. dollar) stimulus package.

However, political observers attest that the hawkish Inada, 57, a particularly close ally of Abe’s, yet a novice when it comes to security issues, being given the defense minister’s portfolio demonstrates the prime minister’s intention to use his coalition’s newly-gained dominance in both chambers of parliament to advance his legacy-led mission to fundamentally reshape Japan’s security paradigm in the biggest, most controversial shift since WWII.

Security experts as well as senior members within the defense ministry itself believe that Inada, Japan’s second female defense minister following Yuriko Koike, herself recently elected to be Tokyo governor who held the position briefly in 2007, is ill-equipped and lacks the necessary experience to hold the defense ministry’s top post.

Inada is currently only serving her fourth term as a lower house lawmaker and previously held the post of state minister in charge of administrative reform for just two years and has chaired the ruling Liberal Democratic Party Policy Research Council again for just two years.

Defense, security and military affairs are not in her repertoire, experts close to the matter have maintained.

Inada, however, is known to share the prime minister’s singular goal of revising Japan’s postwar, pacifist constitution and is also, along with Abe and a number of other prominent cabinet members, a visible member of the ultra-right wing Nippon Kaigi fraternity.

“Inada has long been a member of Abe’s inner coterie and shares his fundamental beliefs about the future course of the nation’s political and security direction,” Asian affairs commentator Kaoru Imori told Xinhua, ahead of Inada’s widely-expected appointment.

“She is also a known right-wing revisionist and has made a number of controversial remarks about Japan’s history, and her membership to the right wing Nippon Kaigi group is evidence of her tendentious political and nationalistic views,” Imori added.

Nippon Kaigi is an ultranationalistic nonparty entity with around 300,000 members who all believe in praising the Imperial family (The Emperor), changing the war-renouncing, pacifist Constitution, promoting nationalistic education in schools and supporting parliamentarians’ visits to the controversial Yasukuni Shrine.

It is the biggest right-wing organization in Japan and Abe has, ostensibly, cherry picked his Cabinet members from this group to run the country, with these “Shinto Conservatives” believing that Japan should not apologize for its wartime acts of brutality, despite the legitimacy of proven historical events.

The appointment of Inada as defense minister will almost certainly ruffle the feathers of Japan’s neighbors, experts claim. “The mood now is to try to promote cooperation,” Jeffrey Kingston, director of Asian studies at Temple University in Tokyo, was quoted as saying of the current situation regarding ties between Japan and its immediate neighbors.

“That could change if she makes a pilgrimage to Yasukuni in a couple of weeks,” Kingston added.

“Inada supports the prime minister and all parliamentarians’ visits to Yasukuni (shrine) and has openly contested The International Military Tribunal for the Far East after World War II. She also believes that Japan should not apologize for its internationally-recognized war crimes committed and is a proponent of denying Japan’s wartime atrocities,” Imori said.

To this end, Abe appointed her chairperson of the LDP Policy Research Council in September 2014, despite the fact that the position is almost always exclusively held by party members who have had lengthy political careers. – Xinhuanet

THE ATOMIC BOMB: HIROSHIMA AND NAGASAKI August 6 & 9, 1945

https://www.youtube-nocookie.com/embed/_z4ZBA_HEVY

Rape of Nanking Part I Atrocities in Asia Nanjing Massacre

https://www.youtube-nocookie.com/embed/YoW2WYdOsvg

‘Nanking’ with Woody Harrelson – Full Movie | Snagfilms

https://www.youtube-nocookie.com/embed/jfkk-GtM_sI

Related:

Japan hypes up “China threat” in defense white paper

TOKYO, Aug. 2 (Xinhua) — The Japanese government approved a defense white paper for 2016 on Tuesday, summarizing Japan’s defense policy changes while smearing China’s normal maritime activities to justify Japan’s own militarization.

The annual document came after an ad hoc arbitral tribunal with judges mostly picked by Shunji Yanai, a Japanese right-winger, issued a biased and illegal award over the South China Sea dispute. Full story

Related News

Japan hypes up “China threat” in defense white paper
Opinion: China’s military spending growth rational, no room for “China threat” cliche
Xi dismisses “China threat” rhetoric
Japanese media slashes gov’t “China threat” tactics as “dangerous gamble”
Japan hypes “China threat” as excuse for new security bills: DM spokesperson

Related posts:

 

Dec 14, 2014 China observed the first National Memorial Day for Nanjing Massacre Victims on
Saturday. It is a day to reflect on the past and look forward to …

Jun 13, 2014 China said on Thursday UNESCO has accepted its application to register records
of the 1937 Nanjing Massacre and Japan’s wartime sex …

Mar 14, 2015 China said on Thursday UNESCO has accepted its application to register records
of the 1937 Nanjing Massacre and Japan’s wartime sex … Japanese World War II criminals‘ confessions released
Jul 4, 2014 BEIJING, July 3 — Confessions made by 45 Japanese war criminals tried and
convicted by military tribunals in China after World War II (WWII) …right-waystan.blogspot.com

 Japanese surrendered on Aug 15: It’s dangerous for ...

Aug 15, 2014 As the 69th anniversary of Japan’s surrender in WWII, August 15 has …. Japanese World War II criminals‘ confessions released · FOCUS: War …

 

Jul 9, 2014 China publishes video of Japan´s surrender for first time …. Video: Japanese World War II criminalsconfessions released After the end of …

    July 7, remembering Japanese atrocities: China …

Jul 7, 2014 China marks 77th anniversary of start of anti-Japan war · July 7 incident: String of
…. Japanese World War II criminals‘ confessions released.

Jul 2, 2014 It’s almost 70 years since the end of WWII, but Japan has apparently forgotten
about its …. Japanese World War II criminals‘ confessions relea.

 

Mar 23, 2014 The ghosts of Japan’s imperial past have returned to haunt the nation, … war
criminals to proclaim that Japan did nothing wrong in World War II, …

Curtain falls on S.China Sea arbitration farce; Tribunal manipulators will be revealed


Foreign ministers of ASEAN member states and China at the ASEAN-China Ministerial Meeting in Vientiane, Laos. — VNA/VNS

https://www.youtube-nocookie.com/embed/i_J3TQKTXcc

The 49th ASEAN Foreign Ministers’ Meeting on Monday issued a joint communiqué, which didn’t breathe a word about the South China Sea arbitration, or harbor any overt criticism against China. Although the South China Sea issue was mentioned many times in the communiqué, it only gave a general overview of principles that must be stuck to. Most foreign media view the communiqué as a triumph for China’s diplomacy.

On the same day, a joint statement on how to effectively implement the Declaration on the Conduct of Parties in the South China Sea was issued.

The two statements reflect the consistent stand of ASEAN. Attempts at pressuring China through the ASEAN Foreign Ministers’ Meeting have failed.

As the first foreign ministers’ meeting after the so-called South China Sea arbitration award was issued, the US and Japan hoped to use the meeting in Laos to solicit ASEAN’s collective support for the arbitration and impose unprecedented diplomatic pressure on China. But such expectations do not correspond with the realities in East Asia.

Hype was running high among American and Japanese media that only Cambodia was standing in the way of a joint statement that incorporates the South China Sea arbitration, and Laos as the host country didn’t voice any firm opposition.

From another perspective, only the Philippines wanted a joint statement with reference to the arbitration, and Vietnam was not so persistent in its demands. Most ASEAN countries have maintained a neutral attitude. They neither want to see a division within the bloc, nor to be dragged into a conflict with China over arbitration.

Manila compromised this time, giving consent to a communiqué without mention of the arbitration. It showed flexibility compared with 2012, when the 45th ASEAN Foreign Ministers’ Meeting ended with no joint statement because the Philippines’ propositions over the South China Sea issue were firmly opposed.

It’s in the common interests of China and ASEAN to maintain peace and stability in the South China Sea. But the US and Japan are willing to see conflicts between China and the Philippines and Vietnam escalate. If the arbitration leads to overall confrontation between ASEAN and China, it will fullfil the desires of the US and Japan.

ASEAN won’t be so silly as to head toward a confrontation with China. We have carried out construction activities on islands and reefs in the South China Sea, but with our utmost efforts to avoid confrontation.

The possibility of a military solution to the South China Sea dispute has become smaller and smaller. The arbitration has brought about new risks. Instead of a clash between China and the Philippines, or China and Vietnam, there are more worries about conflicts being sparked between China and the US.

Under such conditions, it could never be ASEAN’s desire to amplify the negative influences of the arbitration case. Two weeks after the arbitration result was announced, no other countries outside the region but the US, Japan and Australia have voiced support for it. The farce is coming to an end.- Global Times.

Political manipulation behind arbitral tribunal will be revealed

https://www.youtube-nocookie.com/embed/tUR7WVsmC7k

Spotlight: Chinese FM calls for end to politicization of South China Sea issue, urges parties to return to negotiations

Chinese Foreign Minister Wang Yi said on Tuesday that the political manipulation behind the arbitral tribunal will be revealed, in response to the comments made by some foreign ministers on the South China Sea arbitration case.

Wang expounded on China’s position when attending the 6th East Asia Summit Foreign Ministers’ Meeting held in the Lao capital Vientiane.

Wang said China has not participated in the arbitration case and will not accept the so-called ruling, a position that China has made clear since day one and is supported by strong legal basis.

By adopting this position, China is safeguarding the sanctity and impartiality of the United Nations Convention on the Law of the Sea (UNCLOS), said the Chinese foreign minister.

First, the arbitration unilaterally initiated by the former Philippine government violated the principle of having the consent of concerned parties as the basis of arbitration and failed to meet the prerequisite of conducting full exchange of views beforehand, thus lacking the legal conditions to be initiated.

What the former Philippine government had done also abandoned bilateral agreements between China and the Philippines and violated Article 4 of the Declaration on Conducts of the Parties in the South China Sea (DOC) as well as the principle of estoppel prescribed in international law, according to Wang.

Second, he said, the subject matters of the arbitration, however packaged, in fact directly concern territorial sovereignty and maritime delimitation which are beyond the scope of the UNCLOS and the jurisdiction of the ad hoc tribunal. It is a typical act of overstepping the power and ultra vires as well as the abuse of dispute arbitration mechanism.

Wang said by citing a prominent legal expert from Europe that the arbitration case undoubtedly touches upon territorial sovereignty which is not governed by the UNCLOS. The tribunal’s practice of separating territorial sovereignty dispute with the status of islands and reefs is unseen in international law, which is like “putting the cart before the horse.”

Third, the ruling of the ad hoc tribunal is full of obvious mistakes, Wang said. It blatantly uses its self-invented rules to negate and deprive the lawful and legitimate territorial sovereignty, maritime rights and interests of parties concerned. In particular, it says that Taiping Dao, the largest island in the Nansha Islands with an area of 500,000 square meters, is a rock and has no relevant maritime rights.

If such a judgment can legally stand, the sea map of the world will need to be redrawn, Wang said.

Wang stressed that this ruling runs counter to the spirit of international rule of law as well as the principle and spirit of the UNCLOS.

“This arbitration is imbued with question marks and fallacies in terms of procedure, legal application, fact finding and evidence gathering,” he said.

The so-called ruling is illegal in three aspects: the initiation of the arbitration is illegal, the set-up of the tribunal is illegal, and the result of the arbitration is illegal. Therefore, China’s stance is fully legitimate which serves the purpose of upholding international equity and justice and regional peace and stability, Wang said.

The Chinese foreign minister said more and more countries have come to see the nature and danger of the arbitration case, and understand and acknowledge China’s stance to resolve disputes through direct negotiation and consultation, calling for respect to the rights of sovereign states to independently choose dispute settlement means including respecting the declaration on optional exceptions made under Article 298 of the UNCLOS.

There are also more and more legal experts around the world questioning the legality of the arbitration case and the fairness of the ruling, Wang said, noting that the illegal nature of the so-called South China Sea arbitration case and the political manipulation hidden behind the ad hoc arbitral tribunal will be further revealed. – Global Times

Related: 

JOINT COMMUNIQUÉ OF THE 49th ASEAN FOREIGN MINISTERS’ MEETING VIENTIANE, 24 JULY 2016 “TURNING …

China, US vow to boost trust

https://www.youtube-nocookie.com/embed/QWWBD8osZKQ

US agrees it’s time to ‘turn the page’ on South China Sea

US Secretary of State John Kerry says in Laos that he will encourage
Manila to pursue dialogue and negotiation with Beijing on the issue.

China-ASEAN exchanges go beyond the arbitration

The communiqué issued after the ASEAN foreign ministers’ meeting in Laos, shows the two sides want to work together for regional stability and prosperity.

 South China Sea arbitration turned a blind eye to UNCLOS, exceeded own competence and exposed tribunal’s ignorance

By now it’s a well-known fact that the South China Sea arbitration was unilaterally initiated by the[Read it]

Related posts

Political manipulation violates combined concept of fairness, justice, rule, trend and direction. Congenial approach: China believes i…
In ignoring the verdict on the South China Sea, Beijing is following precedents by great powers as no permanent member of the UN Securit…

Asean Foreign Ministers Meeting July 23~26, last …

Jul 16, 2016 The Asean Foreign Minsters Meeting and the Post Ministerial ConferenceLaos
should be given full support in preparing for the meetings.

Dao inhabits people’s hearts: Tribunal’s dangerous precedent in international law !


Political manipulation violates combined concept of fairness, justice, rule, trend and direction.

ON July 12, the award on the South China Sea arbitration came out. This political anti-China farce in the disguise of law, manipulated by the United States, and acted by the former Philippine Government, eventually came to an awful end.

This award caused a storm of questions and negative comments in the international community. A lot of professionals are shocked, not to speak of how ridiculous it is to define Taiping Island as a “reef”.

As Professor Tom Zwart from the Netherlands said, “In the region (East Asia), the award will be widely regarded as the fruit of a poisonous tree, and it will fail, therefore, to garner the necessary support.”

Abraham Sofaer, former legal advisor to the US State Department, also pointed out that the arbitration had brought a lot of difficulties and anxiety, which were not good for any parties.

The US attempted to smear and “isolate” China with the arbitration, but unexpectedly received little response. China’s position of non-acceptance of and non-participation in the arbitration has won more and more support.

Even the Philippine people realised that the arbitration is a total conspiracy of the US for its own agenda. This proves again the age old saying, “a just cause enjoys abundant support while an unjust cause finds little support”.

Dao, a combined concept of fairness, justice, rule, trend and direction, and derived from ancient Chinese philosophy, inhabits people’s hearts. The Dao of the present world lies in peace, development and winwin cooperation, and the Dao of solving international disputes lies in fair, lawful and peaceful solutions. On the premise of peaceful settlement, international law provides the right of every state to choose the means of dispute settlement, which should be based on consent, used in good faith and in the spirit of cooperation.

China persists unswervingly in pursuing an independent foreign policy of peace; advocates the awareness about human common destiny; and opposes the Cold War mindset and zero-sum games, and the bullying of the weak by the strong.

China will never seek hegemony or engage in expansion. With regard to territorial issues and maritime delimitation disputes, China adheres to settlement through amicable consultation and negotiation by directly concerned countries, and does not accept any means of third-party dispute settlement or any solution imposed on it.

The violation of Dao by the US lies in its “imperialist mindset” and pursuit of hegemony. After World War II, the US global strategy has always been seeking the “leadership of the world”.

In 2009, the Obama administration launched the Asia Pacific Rebalance Strategy, and took the South China Sea issue as the pivot to maintain its regional hegemony and achieve strategic containment of China.

It is obvious that during the whole process of the arbitration unilaterally initiated and pushed by the Aquino III administration, the US was deeply involved in every step. Although alleging “neutrality and non-involvement”, the US manipulated behind the scene, and tried to forge a “coalition” to hype up the issue, resulting in rise of tension in the South China Sea.

The US always regards itself as “judge of the world”, but history and reality have repeatedly shown that the US has always adopted double standards. In the eyes of the US, international law is only applicable to other countries rather than itself. It only applies the law when it is consistent with its own interest and resolutely abandons it otherwise.

For instance, while advocating “the rule of law on the sea”, it has not acceded to the United Nations Convention on the Law of the Sea (UNCLOS).

While insisting that China must accept the arbitration award, it chooses to forget the Nicaragua case in which it not only withdrew from the proceedings and refused to implement the ruling, but also revoked the declaration of accepting the compulsory jurisdiction by the International Court of Justice. While opposing militarisation in the South China Sea, it has been provocatively dispatching military aircraft and warships into the area, and even deploying aircraft carrier fleets to this region.

More and more countries have found out who is the biggest “trouble-maker” in the world. It is the US intervention that makes the world worse. Afghanistan, Iraq and Libya have all fallen into its trap and are left with mess in the region. As the new Philippine President Rodrigo Duterte frankly said, the root of the bloodshed in Iraq and other Middle Eastern countries lies in the intervention of the US.

Furthermore, just prior to the arbitration award, the UK Iraq Inquiry published its report, stating that the decision of the US and UK to start the Iraq War was based on “flawed” intelligence. Under such circumstance, who will follow such a “leader of the world”?

The violation of Dao by the former government of the Philippines lies in breaching previous commitment and causing a lot of trouble in the shelter of a superpower.

The Philippines and China had been friendly neighbours over a long history. However, in recent years, the bilateral ties were damaged by the Philippine policy of confrontation, especially the unilateral arbitration claim.

The government of Aquino III willingly acted as the pawn of the US Rebalance Strategy and took the road to confront China. It deliberately provoked the Huangyan Island (Scarborough Shoal) incident, unilaterally initiated and pushed the arbitration, and tried to hijack other Asean countries to smear China and benefit from the unlawful arbitration award. Its intention is vicious, and its action illegal.

First, although fully aware that territorial issues are not subject to UNCLOS and that maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China, the Philippines deliberately packaged the disputes as mere issues concerning the interpretation or application of UNCLOS.

Second, the arbitration infringes upon China’s right to choose the procedures and means for dispute settlement. In 2006, pursuant to Article 298 of UNCLOS, China declared to exclude from the compulsory procedures disputes concerning maritime delimitation, historic bays or titles, military and law enforcement activities. There are over 30 countries that have made similar declaration.

Third, the unilateral arbitration broke the bilateral agreements reached between China and the Philippines over the years to resolve relevant disputes in the South China Sea through negotiation.

Fourth, the arbitration violated the commitment jointly made by China and Asean countries, including the Philippines, in the Declaration on the Conduct of Parties in the South China Sea (DOC) to resolve the relevant disputes through negotiations by states directly concerned.

The Aquino III administration thought itself clever, but how can it deceive the whole world? As Cambodian Prime Minister Hun Sen said, the arbitration is “the worst political collusion in the framework of international politics”, and “would bring negative impacts to Asean and peace in the region”.

Rod P. Kapunan, Philippine columnist of The Standard newspaper, pointed out that “after six years of hypocrisy and deceit, this shameless stooge (here refers to Aquino III) has brought us right into the doorstep of possible armed conflict with China all because it has chosen to pursue the US-designed policy of inciting hostility with our neighbour”.

Regarding the South China Sea situation, he wrote that “the lives of the Filipinos would be sacrificed to enforce a decision that if examined closely is a US proxy war which the Philippines would serve as cannon fodder in securing its interest in this part of the globe”.

The escalation in the South China Sea will bring enormous risks to the regional and even global security. The Philippines should recognise its mistakes and return to bilateral negotiation with China.

The violation of Dao by the arbitral tribunal lies in political manipulation, unfairness and unlawfulness. The arbitration is completely a political farce under legal pretext. The establishment of this tribunal lacks legitimacy.

The arbitrators it chose lack fairness. The tribunal lacks jurisdiction, and it evidently expanded, exceeded and abused its power.

The so-called “award” is even ridiculous. Experts pointed out that all the fees of the tribunal, including the huge reimbursement to the arbitrators, are borne by the Philippines alone. This has raised a lot of concerns and problems. People are asking if the Philippines “hired the judges”.

The composition of the tribunal is a result of political manipulation. Japan and Yanai Shunji, then president of the International Tribunal for the Law of the Sea, acted as the broker.

The composition of the tribunal is quite weird: four of the five arbitrators are from Europe, the fifth one is a permanent resident in Europe, and all of them lack basic understanding of Asian culture and the South China Sea issue.

One fact could better show the play under the table. When the tribunal was established in April 2013, the first president appointed by Yanai was Chris Pinto, a senior Sri Lankan diplomat. Since Pinto’s wife is Philippine, he especially asked advice from both parties to the dispute and was recognised by the Philippines.

However, when Pinto later hinted that the tribunal might not have jurisdiction over the case, it raised deep concern of the US, Japan and the Philippines. The latter asked Yanai to find somebody to replace Pinto for a so-called “just cause”. In May 2013, Pinto was forced to resign.

The tribunal abused power for its own interest. Many experts of international law believe that the tribunal has no jurisdiction over territorial sovereignty and maritime delimitation. Just as Sofaer said, this arbitration is related to sovereignty disputes. It shouldn’t have been started, especially when a state party has declared in writing that it does not accept compulsory procedures over such disputes as maritime delimitation according to Article 298 of UNCLOS. The tribunal’s ruling “will broadly undermine the potential utility of international adjudication”.

The tribunal disregarded the fact that the essence of the subject matter of the arbitration is the issue of territorial sovereignty and maritime delimitation.

It erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines, erroneously construes the legal effect of the relevant commitment in the DOC, deliberately circumvents the optional exceptions declaration made by China, selectively takes relevant islands and reefs out of the macro-geographical framework of the South China Sea Islands, and subjectively and speculatively interprets and applies UNCLOS.

The conduct of the tribunal and its award seriously contravene the general practice of international arbitration, completely deviate from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China’s legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful. It has set an extremely dangerous precedent in the history of international law.

The professional ethics of the arbitrators are widely criticised. All the Western arbitrators and expert witnesses played a shameful role as though they were chameleons.

They reversed their previous position as stated in published papers and even backtracked from their long-held views to make the case for the Philippines.

Arbitrator Alfred Soons had published his opinion that the status of islands was closely associated with demarcation and sovereignty issues.

However, when the tribunal ruled on jurisdiction and admissibility, he said the tribunal had the right to decide on the Philippines’ submissions concerning legal status and maritime entitlement of certain islands including Huangyan Island (Scarborough Shoal) and Meiji Reef (Mischief Reef ), which was entirely contradictory to his previous viewpoint.

Expert witness Clive Schofield also changed his views at the proceedings. On the same subject, using the same materials, he drew totally different conclusions in and out of the tribunal.

People must be wondering: how could they discard professional ethics to serve the interests of those who pay them?

Facts speak louder than words. The unilateral arbitration initiated by the Aquino III administration violates international law.

The tribunal has no jurisdiction over this case. The award of the tribunal is null and void. China’s position is justified and lawful.

It is time to put an end to the arbitration on the South China Sea. Consultation is the right way to settle disputes between states.

China will continue to work together with the Asean countries to implement the DOC comprehensively and effectively, promote the consultation on a code of conduct in the South China Sea, manage and control relevant disputes properly and explore maritime cooperation, in order to build the South China Sea into a sea of peace, friendship and cooperation.

by Huang Huikang The Star Malaysia 20 Jul 2016

The writer is a member of the International Law Commission of the United Nations and the Chinese Ambassador to Malaysia. The views expressed here are the writer’s own.

 

Related:

South China Sea arbitration:

Who are the arbitrators?

 https://www.youtube-nocookie.com/embed/j3VsgQQJNZQ

The Xinhua news agency has accused the US government, the Philippines, the arbitration panel and Japan’s prime minister Shinzo Abe of collusion in the recently concluded South China Sea arbitration case.

Four of the five arbitrators of the temporary tribunal were appointed by Shunji Yanai, the former president of the International Tribunal for the Law of the Sea. The former Japanese diplomat’s political stance and speeches went against the principles of the independence of the international judiciary. Shunji Yanai served the Japanese Foreign Ministry for 40 years from 1961. He has been involved in controversial issues, including Japan’s 2015 security bill, and the Diaoyu Islands dispute with China. He has a close relationship with Japanese prime minister, Shinzo Abe.

The fairness of the tribunal’s operations was called into question by the personal wishes of Shunji Yanai. The Xinhua news agency commented that it was not surprising that Yanai generally chose arbitrators who were biased against China.

In addition, an American legal team provided help in drafting thousands of pages of legal documents, representing the Philippines presenting arguments to the tribunal. American lawyer Bernard Oxman, who represented the Philippines, had worked with most of the arbitrators and Yanai. He attended the third United Nations Conference on the Law of the Sea as a representative for United States government. Based on the principles of independence of the international judiciary, the impartiality of a judge can be questioned if there are any links to a party involved in a case. Despite that, Oxman was still involved.

There is no doubt the close relationship between Oxman and US government, the Philippines government, arbitrators, Yanai and Abe. These links form a complex network of special political interests. The Xinhua news agency says they took advantage of legal platform and after three years they issued their pre-arranged ruling and finished their political farce.

Telegraph.co.uk – 

The so-called award made by the South China Sea arbitral tribunal attracted wide attention.

 

Related posts:

PLA Air Force conducts combat air patrol in South China SeaUndated photo shows a Chinese H-6K bomber patrolling islands and reefs including Huangyan Dao in the South China Sea. The People’s Li…
In ignoring the verdict on the South China Sea, Beijing is following precedents by great powers as no permanent member of the UN Securit…
China issues white paper on settling disputes with Philippines in South China Sea China is committed to upholding
Permanent Court of Arbitration clarifies role in South China Sea case THE HAGUE, July 16 (Xinhua) — The Permanent Court of Arbitration …
国际法院(ICJ)在此希望媒体和公众注意,南海仲裁案(菲律宾共和国与中华人民共和国)裁决结果由常设仲裁法院(PCA)提供秘书服务下的一个特别仲裁庭做出。相关信息请访问PCA网站( www.pca-cpa.org )。国际法院作为完全不同的另一机构,至始至终未曾参与该案…

 

Dialogue 07/10/2016 Differing views on South China Sea   China enhances maritime law enforcement China established Sansha City
four…

Notorious Philippines’s Abu Sayyaf & Law-abusing tribunal on South China Sea

Foreign captives: A file picture showing hostages Hall (right) and Sekkingstad in the southern Philippines. — Reuters Abu Sayyaf Milita…

“Who is the real saboteur of international law?” the editorial outlined the history and legal basis involved in the issue. The award of …

PLA Air Force conducts combat air patrol in South China Sea


Undated photo shows a Chinese H-6K bomber patrolling islands and reefs including Huangyan Dao in the South China Sea. The People’s Liberation Army (PLA) Air Force conducted a combat air patrol in the South China Sea recently, which will become a “regular” practice in the future, said a military spokesperson on July 18, 2016. The PLA sent H-6K bombers and other aircraft including fighters, scouts and tankers to patrol islands and reefs including Huangyan Dao, said Shen Jinke, spokesman for the PLA Air Force. (Xinhua/Liu Rui)

China to make ‘regular’ air combat patrols over South China Sea

 The People’s Liberation Army (PLA) Air Force conducted acombat air patrol in the South China Sea recently, which will become a

‘regular’ practice in the future, said a military spokesperson on Monday. http://t.cn/Rtz9LNO

The People’s Liberation Army (PLA) Air Force conducted a combat air patrol in the South China Sea recently, which will become a “regular” practice in the future, said a military spokesperson on Monday.

The PLA sent H-6K bombers and other aircraft including fighters, scouts and tankers to patrol islands and reefs including Huangyan Dao, said Shen Jinke, spokesman for the PLA Air Force.

During the mission, the aircraft carried out tasks including aerial scouting, air combat and island and reef patrol, fulfilling the patrol’s objective, Shen said.

The Air Force aims to promote real combat training over the sea, improve combat abilities against various security threats and safeguard national sovereignty and security, according to the spokesperson.

“To effectively fulfill its mission, the air force will continue to conduct combat patrols on a regular basis in the South China Sea,” he said.

Shen pointed out that the South China Sea Islands have been China’s territory since ancient times, and China’s rights and interests in relevant maritime areas should not be infringed upon.

“The PLA Air Force will firmly defend national sovereignty, security and maritime interests, safeguard regional peace and stability, and cope with various threats and challenges,” he said.

Chinese naval commander urges more cooperation with US

The commander of the People’s Liberation Army Navy Wu Shengli has stressed that China and the United States have key roles in ensuring peace and stability in the South China Sea, and cooperation
between the navies of the two countries is ‘the only correct option.’http://t.cn/Rtz9Mir

Wu made the remarks on Monday while meeting with his U.S. counterpart Admiral John Richardson and his delegation to discuss maritime security.

Describing the current security situation in waters around China as “complicated and sensitive” and noting the escalating South China Sea issue, Wu said Richardson’s visit will be beneficial for the two countries to strengthen communication, promote trust, resolve doubts and avoid misjudgments.

“We will never sacrifice our sovereignty and interests in the South China Sea,” Wu said, stressing that it is China’s “core interest” and concerns the foundation of the Party’s governance, the country’s security and stability and the Chinese nation’s basic interests.

Wu said that China will not recede over territorial sovereignty or fear any military provocation, which the Chinese navy is fully prepared to cope with.

“We will never stop our construction on the Nansha Islands halfway… the Nansha Islands are China’s inherent territory, and our necessary construction on the islands is reasonable, justified and lawful,” Wu said.

He stressed that “no matter what country or person applies pressure,” China will push forward and complete island construction as planned.

According to Wu, China will never be caught off guard, and the number of its defense facilities is completely determined by the number of threats it faces.

Wu vowed that China will never give up its efforts to solve the South China Sea issue peacefully, despite “many negative factors at present,” but also warned that “any attempt to force China to give in through flexing military muscles will only have the opposite effect.”

Wu expressed his hope that the two countries’ air and maritime forces fully follow the Code for Unplanned Encounters at Sea and the Rules of Behavior for the Safety of Air and Maritime Encounters to avoid strategic misjudgment or exchange of fire, and to jointly ensure the peace and stability of the South China Sea.

Wu called on the two sides to promote strategic mutual trust, seek common ground, expand the scope of cooperation and create new momentum for China and the United States to develop a new type of major-power relations between the two countries.

 

Wu: China won’t halt construction in South China Sea

Admiral Wu Shengli, the Commander of the Chinese Navy, has
held talks in Beijing with the US Chief of Naval Operations John
Richardson, amid tensions in the South China Sea.

South China Sea arbitration award won’t hamper China-ASEAN cooperation: experts

SINGAPORE, July 18, 2016 (Xinhua) — Photo taken on July 18, 2016 shows the Think Tank Seminar on South China Sea and Regional Cooperation and Development held in Singapore. Organized by the Institute of Chinese Borderland Studies, Chinese Academy of Social Sciences, the seminar attracted more than 20 experts from academic institutes in China and countries in the region, including Singapore, Indonesia, Malaysia and India. (Xinhua/Then Chih Wey)

SINGAPORE, July 18 (Xinhua) — The so-called South China Sea arbitration award will not hamper cooperation between China and the members of the Association of Southeast Asian Nations (ASEAN), experts said here on Monday.

The ad hoc arbitral tribunal in the South China Sea arbitration, set up at the unilateral request of the former Philippine government, last Tuesday issued an ill-founded award sweepingly sided with Manila, denying China’s long-standing historic rights in the South China Sea.

China has refused to participate in the proceedings, reiterating that the tribunal has no jurisdiction over the case, which is in essence related to territorial sovereignty and maritime delimitation, and has also made clear that it neither accepts nor recognizes the award and the award “is null and void and has no binding force.”

China has also reaffirmed that it will continue to endeavor to peacefully resolve disputes in the South China Sea with parties directly concerned through negotiation and consultation on the basis of respecting historical facts and in accordance with international law.

Nearly one week after the so-called award was rendered, more than 20 experts on international law and foreign relations from academic institutes in China and Southeast Asian countries including Thailand, Cambodia and Malaysia convened here Monday for the Think Tank Seminar on South China Sea and Regional Cooperation and Development, which was organized by the Institute of Chinese Borderland Studies, Chinese Academy of Social Sciences.

In a keynote speech at the seminar, Zhao Qizheng, former minister of China’s State Council Information Office, reiterated that the ad hoc arbitral tribunal has no jurisdiction over the case.

Zhao said the Philippine tax payers’ money was used for a pile of waste paper, blasting the tribunal for “taking big money to do dirty things” and describing its proceedings as “amateurish and unsightly, null and void.”

Zhao’s remarks were echoed by attendees, who also agreed with Zhao that the disputes can only be settled through dialogue and by deepening China-ASEAN ties.

Kong Lingjie, vice dean of China Institute of Boundary and Ocean Studies, China’s Wuhan University, criticized the so-called arbitration, branding it as “a bold interpretation and ambitious development of article 123(1) of the United Nations Convention on the Law of the Sea (UNCLOS).

“The most absurd ruling was on the Taiping Island’s status as a rock,” said Kong, adding that the ruling would deny most of the Nansha Islands’ rights to exclusive economic zones.

In this case, Kong said, the arbitration violated the international law and fabricated “an illegal definition of the distinction between islands and reefs.”

Experts at the seminar also voiced support for the notion of bringing concerned parties involved in the South China Sea issue back to the negotiating table.

Zheng Yongnian, director of the East Asian Institute, National University of Singapore, said he believes that China and the Philippines should start the dialogue process to solve the dispute.

“It is not true that a great power has been bullying small countries,” Zheng said, noting that certain countries in the region kowtow too much to the United States.

Zheng suggested that China and other concerned parties over the South China Sea issue could firstly initiate cooperation in maritime rescue efforts, fishery and protection of maritime resources.

At the one-day seminar, experts, in addition, all agreed that the arbitration would not impede the cooperation process between China and the ASEAN countries.

Li Guoqiang, deputy director of the Institute of Chinese Borderland Studies, told Xinhua in an exclusive interview on the sidelines of the seminar that there lies a huge potential for the development of China-ASEAN ties.

“With the strategic opportunity produced by China’s 21st Century Maritime Silk Road initiative, the two sides are planning to upgrade their free trade agreement,” Li said.

Zhao Qizheng, meanwhile, underscored the fact that China became ASEAN’s biggest trade partner in 2009.

He said that despite the difficulties, including territorial disputes, the intervention of countries outside the region and the not well-established cooperation mechanism, the communication and cooperation between China and the ASEAN members has never ceased and has brought great benefits to all countries.

“It is beyond doubt that maintaining regional peace and stability, and keeping the momentum of cooperation and development is in the best interest of all,” Zhao said.

– by Zhang Ning, Lin Hao Xinhua

Experts: ‘Award’ won’t settle disputes

Nearly 30 legal and political experts from China and Southeast Asian countries have compared notes on the South China Sea arbitration case at a think-tank seminar in Singapore.

Biased award in South China Sea arbitration has no binding force: expert

SINGAPORE, July 18 (Xinhua) — The biased award rendered by an arbitral tribunal in the South China Sea arbitration has no binding force as the ad hoc tribunal violated international law principles and standards, an expert said here on Monday.

Sienho Yee, chief expert at the Institute of Boundary and Ocean Studies of Wuhan University, said the arbitral tribunal adopted an excessively expansive interpretation of the jurisdictional grant, played a game of words, and distorted the text of the United Nations Convention on the Law of the Sea (UNCLOS).

The wrongful exercise by the tribunal did a substantial damage to the international rule of law, he said, adding that it had failed to consider and respect the limitations imposed by UNCLOS and China’s intents and purposes in invoking its explicit right under the convention to exclude disputes concerning maritime delimitation and historic titles.

“It is manifestly clear that the tribunal abuses its power and as a result the award is null and avoid,” he told Xinhua during a think tank seminar on South China Sea and regional cooperation and development.

Yee also pointed out that the arbitral award was not generally accepted, so they would be with no binding force.

“The large number of states supporting China’s positions seems to show that the decisions of the tribunal are not generally acceptable and therefore are without binding force,” he said.

The Chinese government said the ad hoc arbitral tribunal established at the unilateral request of the Philippines has no jurisdiction over relevant submissions, and the award rendered by it is null and void with no binding force.

The tribunal had exemplified the philosophy of “the end justifies the means” by excessively expansive interpretation of the jurisdictional grant and the sweeping final award, in a bid to exhibit its determination to settle any dispute that may exist in its view, while disregarding any other issues such as respect for the sovereignty of the states involved, said Yee.

“The danger of this philosophy to the effectiveness and legitimacy of the international legal system, international rule of law and the world order at large is clear, and we must guard against this danger,” he said.

Unmasks manipulator behind South China Sea arbitration

Citing a survey from the Xinhua News Agency, a People’s Daily article has unmasked Shunji Yanai as a manipulator behind the null South China Sea arbitration.

Shunji Yanai (Photo: http://www.itlos.org)

Published on Monday, the article names Yanai, a Japanese diplomat and former president of the International Tribunal for the Law of the Sea (ITLOS), played a key role in the case. He appointed four of the five-member arbitral tribunal on the South China Sea case, the fifth appointed by the Philippines.

Yanai appointed the four members because China did not agree to the arbitration.

Rightist, hawkish, pro-American, unfriendly to China…these are the labels people often associate with Yanai, the article said. His closeness to Japanese Prime Minister Shinzo Abe is also no secret. Such an academic and political background also speaks for his political inclination during his tenure in the ITLOS.

Coming from a diplomatic family, Yanai entered the Japanese Foreign Ministry upon graduation in 1961, where he was involved in sensitive projects related to the Diaoyu Islands and the Japan-US security alliance.

But in 2001, he left the Foreign Ministry along with three other officials amid a series of embezzlement scandals within the ministry.

However Yanai, on recommendation of Japan despite his tainted record, became a judge of the ITLOS in 2005 and president of the organization from 2011 to 2014.

After the Philippines unilaterally initiated the arbitration case against China in 2013, a five-member arbitral tribunal was created by Yanai, the then president of the ITLOS.

The Basic Principles on the Independence of the Judiciary, adopted by the UN to better maintain justice, stipulated that the extra-judicial activities conducted by the judges and arbitrators should not contradict their work or impede the judicial process.

However, Yanai also served as a mastermind of the Japanese government on military actions and security policies when he worked for the ITLOS.

With close ties to Abe, Yunai served as chairman of an expert panel advising the prime minister on security laws. In May 2014, his panel presented a report to Abe, advising to revise the country’s constitution and lift the ban on Japan sending its military overseas.

As a result, Japan, in 2015, ended its 70 years of pacifism by enacting controversial security laws that allow for Japan to dispatch troops overseas to engage in armed conflict.

As conflicts between China and Japan over the sovereignty and delimitation of the Diaoyu Islands increased in recent years, Yanai advocated to lift the ban on Japan sending its military overseas and expanding the Japan-US military alliance to gain a military edge.

Given the maritime conflicts and historical issues between China and Japan, as well as Yanai’s political leanings, he is not the right person to engage in the South China Sea issue. Also, it is not surprising that Yanai generally chose arbitrators that were biased against China.

In addition, the Basic Principles on the Independence of the Judiciary also clarify that in exercising rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.

However, Yanai has a clear political position as a rightist. During his term on the private panel, he repeatedly told Japanese media that the country has not given up its right to collective self-defense as prescribed in their constitution.

In a program by the Japan Broadcasting Corporation, he also asked Japan to resort to the Japan-US Security Treaty for security assurance, claiming that the UN is useless in this regard, thus exposing his double-sided nature.

“From the results of the arbitration, people can see that it was conducted by a bunch of people who knew very little about South China Sea issues,” said Motofumi Asai, a former official of the Japanese Foreign Ministry in charge of China affairs and a former colleague of Yanai.

“The arbitration was obviously conducted in accordance to the will of the Abe administration,” he said.

All these facts prove that Yanai’s political background and leaning run counter to the Basic Principles on the Independence of the Judiciary. Yanai’s tribunal was flawed in both justice and validity from the very first day of its establishment, the article concluded. –  (People’s Daily Online)

Related:  

Japan’s interference makes summit unlikely

 

 Philippine media: Gov’t spent $30 mln on arbitration

Philippine media report that the government spent 30 million US dollars on the South China Sea arbitration case over the past three and half years. Neither the Philippines nor the tribunal have given details of that spending. But we can get some idea from published charges and past tribunal fees.
Related posts:

 

In ignoring the verdict on the South China Sea, Beijing is following precedents by great powers as no permanent member of the UN Securit…

China issues white paper on settling disputes with Philippines in South China Sea China is committed to upholding

Permanent Court of Arbitration clarifies role in South China Sea case THE HAGUE, July 16 (Xinhua) — The Permanent Court of Arbitration …
国际法院(ICJ)在此希望媒体和公众注意,南海仲裁案(菲律宾共和国与中华人民共和国)裁决结果由常设仲裁法院(PCA)提供秘书服务下的一个特别仲裁庭做出。相关信息请访问PCA网站( www.pca-cpa.org )。国际法院作为完全不同的另一机构,至始至终未曾参与该案…

 

Dialogue 07/10/2016 Differing views on South China Sea   China enhances maritime law enforcement China established Sansha City four…

Foreign captives: A file picture showing hostages Hall (right) and Sekkingstad in the southern Philippines. — Reuters Abu Sayyaf Milita…

“Who is the real saboteur of international law?” the editorial outlined the history and legal basis involved in the issue. The award
of …

China’s reaction to arbitration depends on provocation


The award of the South China Sea arbitration will be issued at 5 pm Beijing time Tuesday. The US and Japan have claimed that relevant countries, including China, should comply with the arbitration result. They stand in sharp confrontation with China, which has announced that the award would be “nothing but a piece of paper.” Whether the arbitration will lead to a severe geopolitical crisis has come under the global spotlight.

The Western media is analyzing how China will respond to the award. Bloomberg posited three scenarios from Beijing, from benign to moderately aggressive or aggressive. It considers that China establishing an South China Sea Air Defense Identification Zone (ADIZ) would be moderately aggressive and towing away the Philippine warship grounded at Ren’ai Reef and construction on Huangyan Island as aggressive.

We believe the Chinese government must have made a series of contingency plans to deal with subsequent actions. What actions China may take on Huangyan and Ren’ai, and whether China will announce a South China Sea ADIZ depends on the reactions of the Philippines to the arbitration result and the degree of US and Japanese provocations.

So far, none of the concerned parties want military confrontation. But all are ratcheting up military preparations. The South China Sea has been clouded by unprecedented tensions. It’s uncertain where the situation will head to.

Chinese society pays close attention to the South China Sea situation. After the the post-arbitration wrestling begins, the most important thing for China is to show the outside world the solidarity of its society. For one thing, Chinese society has full confidence in the country’s diplomatic and maritime strength; for another, no matter what price China has to pay for the wrangling, all the Chinese will squarely accept it.

The Chinese people and government share the same interests and responsibilities. We should not only safeguard territorial sovereignty, but also make the utmost efforts to maintain peace in China’s periphery, prolonging China’s strategic opportunities for China’s rise.

The South China Sea is a big arena. China will devote its varied resources there. China in the past was weak. It could only express determinations through demonstrations or a few activists visiting its own islands in the South China Sea. But now it has multiple means at its disposal. It has become a formidable competitor that deserves respect. No power in the world could split a united China. As long as we stick together, provocateurs are doomed to fail.

Source:Global Times

Related:

https://player.cntv.cn/standard/cntvOutSidePlayer.swf

China calls for dialogues to resolve disagreement – CCTV News – CCTV.com English
http://english.cctv.com/2016/07/12/VIDEjonBZ4jsADHvtfqTLiBu160712.shtml

http://t.cn/R5DT1ML

 

Unlawful arbitration cannot negate China’s sovereignty over South China Sea: People’s Daily

The arbitration case is actually a trap set by the US and the Philippines in which the arbitral tribunal has played the role of an accomplice.

  

South China Sea arbitration invalid, law experts say

The tribunal has explained the case in an irresponsible way and set a bad precedent, according to experts and scholars from around the world.
Washington’s outsider position undercuts its message as it urges China to respect global maritime no[Read it]
Quotable quotes on S. China Sea arbitration: tribunal’s arbitration is unlawful

Western media have hyped up the South China Sea issue for a long time, with reports full of prejudice and distortion. They have purposely created rumors, smeared China and deliberately
overlooked voices of justice.

More countries voice support for China’s stance

 

Related posts:

不合法的裁决不过废纸一张, Illegal ruling but a waste paperDialogue

07/10/2016 Differing views on South China Sea   China enhances maritime law enforcement China established Sansha City four…

Jun 29, 2016 South China Sea arbitration abuses international law, threatens world …. in
maintaining a relatively stable international order after World War II.

Notorious Philippines’s Abu Sayyaf & Law abusing tribunal on South China Sea
… ZAMBOANGA CITY: The Abu Sayyaf has announced that it will be ….. 2 million
listings worldwide, with revenue of about $2.4 billion in t.


 Jul 2, 2016 America’s objective is to contain a rising power, which presents itself as a major

challenge to US global hegemony. Geo-strategically, the most .

Jun 6, 2016 Dialogue 06/05/2016 South China Sea & Sino-US ties – CCTV … Arbitral tribunal
abusing its power …. US containing a rising Chinese power.

 

Follow

Get every new post delivered to your Inbox.

Join 1,249 other followers

%d bloggers like this: