Why so called International rules set upon after Colonial Period after everything got divided up?
Why not setup before coloninal period?
classic case of Robbers turning to legit Gentleman with all kinds of high moral talks to legitimizes its new found possessions.
The so called international rules or norms after WWII have to taken with grain of salt because its setup after extniguishing the challengers at the time Germany and Japan. The rules or norms are setup after everything got devided up and to constrain future challengers.
So , always reciting those rules and laws only show hypocrisy.
Way to go terra nullius!
IMO you are making some incoherent statements which I will not respond directly because I don't understand what you are attempting to convey. I will only make broad statements until you can be more specific with your arguments.
There are limited set ways in which sovereignty can be derived such as with the SCS disputed. China has by its own admission used historic basis to advance its course. Such a position is simply discovery and that can only be connected to the concept of terra nullius. It is a logical and rational conclusion from China's position and not some nebulous western idea that you seem to suggest. If you disagree I suggest that you then articulate China's position as a defence.
The notion of discovery has to meet some conditions to move title from inchoate to sovereign. Some basic conditions are :
(I) The idea of terra nullius means no one else has discovered the islands until China came along. It means that in the immediate vicinity there are no record or evidence of an indigenous community of people who would have preceded China in discovery. This can only be established by historical facts.
(ii)Discovery by itself is insufficient especially if there are already the presence of an indigenous community. As such the evidence of effective occupation is important to demonstrate sovereign over the existence of any competing indigenous community. Sovereign is not simply an abstract thought but intention and will to act as sovereign; and actual exercise or display of such authority. The recently discovered maps from the Qing dynasty demonstrated that China, based on those maps gave up its sovereign intentions or authority over the islands.
(iii)Regardless, China's position on historic basis is weak fundamentally because there are no evidence of historical effective occupation over the rocks. Rationally China never could have because they are predominantly rocks in the midst of the sea and barely register during low tides. In fact the whole idea that China somehow historically administered those rocks is absurd and irrational.
Note I am only using arguments based on historical claims to argue against China's position. I have not invoked any modern day or post WW2 international law as an argument.
