China's SCS Strategy Thread

[antiterror13]

The difference between an ICJ ruling and the private court the Philippines hired on the SCS case is day and night.

ICJ has international recognition, UN backing and jurisdiction. The PCA is only a private court with no affiliation with UN organs which is for settling disputes with BOTH partners agreeing to use it. Moreover, it’s rulings are not binding like ICJ and only for supplementing policy decisions.

The fact that China was not present or agreed to use PCA means that it is unable to produce a ruling with legal worth, let alone binding authority.

US and China both are bound by international law to fulfil ICJ’s rulings.

so, it is interesting whether the UK and the USA would accept ICJ's ruling .... I'd bet they won't ..... and at that point their says about other countries would be meaningless

 

[CMP]

I guarantee they won't accept rulings.

 

[advill]

About 5 years ago I asked a Western Naval Hydrographer his opinion on who owns the surrounding seas that are claimed in various regions. His answer was direct and I quote "The country that has the strongest Navy" .... in terms of ships etc. He implied - re: history: the Imperial Japanese Navy during WW II with its ships ruled the seas in the East Asian region until the US won the War. The Colonials Dutch, British, Spanish, Portuguese, French were ruling the Seas in our Asian Region and were fighting each other for control, & finally decided to agree on division of respective sea portions of control. Now we observed the South & East China Seas are areas of potential serious conflicts, with various arguments/view points on who is right & who is not right legally. Peace loving nations surrounding these waterways would be the "victims' & suffer disastrous consequences IF there are sea clashes for sea control. In fact globally it would definitely effect global sea trade. The answer lies with the 2 BIG with a few Middle powers on what they would eventually agree, as they can argue/debate until the "cows come home" IF nothing would be done.

 

[PhSt]

It seems former government officials working on behalf of the US are busy trying to sabotage the blooming relations between China and the Philippines.

Former Philippine officials accuse Chinese President Xi Jinping of crimes against humanity at International Criminal Court

Two former Philippine officials have taken the bold step of filing a complaint with the International Criminal Court accusing Chinese President Xi Jinping of crimes against humanity over his government’s assertive actions in the disputed South China Sea, which they say have deprived thousands of fishermen of their livelihood and destroyed the environment.
Former Foreign Secretary Albert del Rosario and chief anti-corruption prosecutor Conchita Carpio Morales said on Thursday that they filed the complaint with the tribunal last week, before the current Philippine president’s move to withdraw the country from the tribunal took effect last weekend.

They accused Xi and other Chinese officials of turning seven disputed reefs into islands in a massive engineering feat, causing extensive environmental damage, and of blocking large numbers of fishermen, including about 320,000 Filipinos, from their fishing grounds.

“This has seriously undermined the food and energy security of the coastal states in the South China Sea, including the Philippines,” del Rosario and Carpio Morales said in a statement.
China’s island building, which started in 2013 in an effort to construct air and naval bases in the disputed waters, reportedly destroyed large expanses of coral reefs and endangered fisheries. “It presents one of the most massive, near permanent and devastating destruction of the environment in humanity’s history,” they said

“Though widely publicised, these atrociously inhumane actions of Chinese officials in the South China Sea and within Philippine territory remain unpunished, and it is only the ICC that can exact accountability on behalf of Filipinos and the international community.”
There was no immediate reaction from China.

Chinese officials have long claimed virtually the entire waterway, one of the world’s busiest, with the Philippines, Vietnam, Malaysia, Taiwan and Brunei also contesting ownership of parts of the strategic waters, where a large amount of world goods and the oil that fuels Asia’s bustling economies transit.
When he was the Philippines’ top diplomat, del Rosario questioned the legality of China’s massive claims and other actions in a landmark international arbitration case against Beijing, which the Philippines won but China ignored.

The arbitration tribunal declared in its July 2016 ruling that China’s claims based on historical grounds were invalid and that Chinese forces have unlawfully kept Filipino fishermen away from the disputed Scarborough Shoal. The tribunal also ruled that China breached its obligation under a 1982 UN treaty to protect the environment by undertaking island-building works and tolerating illegal fishing by Chinese nationals.

Despite the arbitration ruling and a 2002 accord with the Association of Southeast Asian Nations to stop occupation and constructions in the disputed region, Beijing “behind the scenes” planned and later constructed the islands in the disputed territory, the complaint said. “This has placed billions of dollars’ worth of natural resources, including fish, fossil fuels and shipping lanes, under Beijing’s control,” it said.

The complaint outlined China’s increasingly assertive actions through the decades, starting in 1974, when it forcibly dislodged Vietnamese forces from the Paracels, to 1995, when it seized Philippine-claimed Mischief Reef, and 2013, when it started its island building.
Aside from Xi, it named as “perpetrators” Chinese Foreign Minister Wang Yi and Chinese Ambassador to Manila Zhao Jinhua.
The legal offensive against China contrasts with President Rodrigo Duterte’s rapprochement with Beijing since he took office in mid-2016 while often criticising the security policies of the United States, a treaty ally.

Duterte has lashed out against Washington for raising alarm over his anti-drug crackdown, which has left thousands of poor suspects dead and sparked two complaints charging mass murder before the ICC.
Duterte decided to withdraw the Philippines from the ICC in a move that took effect last Sunday, prompting del Rosario and Carpio Morales to file their complaint ahead of that date. Duterte’s move has been challenged by human rights advocates before the Philippine Supreme Court.

Asked by reporters for his reaction, Duterte said he doubted that the complaint would succeed, citing the ICC’s lack of jurisdiction over China, which is not a party to the Rome Statute that established the tribunal.

“Anybody can bring a suit against anybody, but whether or not it would prosper or whether or not we have the jurisdiction, that’s something else,” Duterte said.

Please, Log in or Register to view URLs content!

 

[CMP]

I'm surprised at how well Duterte knows his international law. As for China's lack of response so far, I imagine the plan is to just play it cool.

 

[Biscuits]

ICC does have authority internationally, unlike the private PCA court. China is technically not part of ICC and can pull the same card as America does, but it will invite proportionate criticism.

However, the case does not have any validity in international law. To even consider it will require massive lobbying and bending international rule of law backwards. ICC’s credibility is already hurt by America violating it. It does not want to make another ruling it can’t back up or give US more ammunition against it by acting as someone’s kangeroo court.

 

[PhSt]

Just a little clarification, these two former officials are part of the Opposition that is opposed to Duterte's plan for closer relations with China. While we all know that this case will result to nothing, I think the main aim here is to stir public opinion within the country against China, undermine Duterte's efforts for closer ties with China and hope to defeat politicians that are open for cooperation with China in the upcoming elections in May this year.

 

[mr.bean]

and for those of you who are not to familiar with Philippines politics, Du30 cannot run for a 2nd term. But good news is Du30's daughter is going to run for President her name is Sarah Duterte. Du30's approval ratings is still above 80 percent. So if Sarah Du30 becomes President Philippines-China relations will still be good.

 

[manqiangrexue]

and for those of you who are not to familiar with Philippines politics, Du30 cannot run for a 2nd term. But good news is Du30's daughter is going to run for President her name is Sarah Duterte. Du30's approval ratings is still above 80 percent. So if Sarah Du30 becomes President Philippines-China relations will still be good.

Alternatively, he can try to pull a Xi Jingping and abolish term limits or at least extend them. Then, we will see a new age of Chinese-Filipino relations that would bring peace to the region and prosperity to the Philippines. With countries that have rival political parties and elections every couple of years you just can't trust them or commit anything to them. They're like crazy people suffering from multiple personality disorder.

 

[Biscuits]

Alternatively, he can try to pull a Xi Jingping and abolish term limits or at least extend them. Then, we will see a new age of Chinese-Filipino relations that would bring peace to the region and prosperity to the Philippines. With countries that have rival political parties and elections every couple of years you just can't trust them or commit anything to them. They're like crazy people suffering from multiple personality disorder.

Xi is not president. Head of State is a mainly figurehead position. Party Leader (Xi Jinping) has never had any term number limits to begin with, only term length limits. When the term is over, they are reviewed by the national congress and politburo.

Duterte is at the height of his popularity right now. Even if he leaves without a trace, his ideas will be carried on. Even if it's only because politicians need votes. I think Duterte will stay one way or another, most likely by aiding the govt from the background and also by creating a political dynasty with his daughter like the Bush family has done in America.