ecns [expanded by feedex.net]
ecns
Arbitration on South China Sea a legal monstrosity, Chinese diplomat
http://www.ecns.cn/voices/2016/05-29/212387.shtml
May 29th 2016, 14:15
Sunday May 29, 2016
A crew member takes part in a fire drill on China's largest and most advanced patrol vessel Haixun 01 on the South China Sea, April 4, 2016. (Xinhua/Xing Guangli)
The pending decision out of the South China Sea arbitration in The Hague, which was initiated by the Philippines, is a legal monstrosity and reeks of hegemony from Washington, said Wu Ken, China's Ambassador to the Netherlands.
"China will not accept an invalid arbitral award. Abuses of international law and a hegemonic mentality have no place in any SCS dispute," Wu told Xinhua in The Hague, where a decision will be rendered in the coming months.
"Such an arbitration should not be recognized or supported in any manner," said the Chinese diplomat, who took his post earlier this month.
The Philippines illegally occupied some of China's Nansha islands and reefs in the 1970s, which created the territorial disputes between the two nations. By abusing the United Nations Convention on the Law of the Sea (UNCLOS), the Philippines advanced claims for an Exclusive Economic Zone and Continental Shelf, which overlaps China's claims and led to the current delimitation dispute.
"The UNCLOS does not address territorial disputes; with respectto delimination dispute, China has declared in accordance with the Convention that it does not accept compulsory procedures," the ambassador noted, " Thus, to settle SCS disputes through peaceful negotiation is consistent with an agreement between China and the Philippines and other ASEAN states. It is also consistent with international law regarding the SCS."
In his opinion, Manila has plainly abused the legal proceedings when it unilaterally initiated the arbitration. "The 15 submissions of the Philippines are closely related to territorial sovereignty and maritime delimitation, which are beyond the scope of the arbitration. Manila breached its commitment to settling disputes through negotiations," Wu said.
"According to the express provisions of the UNCLOS, with China's declaration, relevant dispute could only be submitted to compulsory procedures with agreement of the parties. The Philippines has no unilateral right to initiate the arbitration," said the ambassador.
The ambassador regretted that the Philippines' abuse of the legal process hasn't been stopped sooner, but incredibly fostered by abuses of jurisdiction. "Without China's participation, any ruling from the tribunal has no legal basis."
According to Wu, the then Japanese president of the International Tribunal for the Law of the Sea (ITLOS) Shunji Yanai, who was entrusted to organize the tribunal under the Convention, turned a blind eye to the Convention's provisions.
"He assembled five lawyers of international law into a biased arbitral tribunal, which is tilted towards the Philippines and ignored what China stands for," said Wu.
The Chinese diplomat also noted that the SCS arbitration reeks of involvement by the United States. Washington has threatened that Beijing will pay for not accepting the tribunal's decision.
"How can a non-contracting State which selectively ignores the provisions of the Convention present itself as a judge for the Convention?" Wu questioned.
In his view, Washington has become a front-stage actor in the dispute. Despite fears to the contrary, nobody has encountered any problem with the freedom of navigation in the South China Sea, he said.
"What 'freedom of navigation' is to be defended by American warships patrolling near Chinese islands and reefs? They slap a label of 'militarization' regarding China's right to build facilities on its own territory. Take a look at the frequent U.S. military exercises in the South China Sea, what are they doing?" questioned the Chinese ambassador.
By repeatedly reinforcing its military existence in the South China Sea, Washington has violated basic international norms of peace, he said.
"Neither the Philippines nor the tribunal can change China's sovereignty over the SCS Islands and their adjacent waters," said Wu.
"They will not weaken China's determination and volition to safeguard its national interests and the dignity of international law. Nor will they affect China's sincerity in peacefully resolving disputes through direct negotiations," he added.
"The SCS disputes are very complex. However, with the guidance of the UN Charter and relevant international laws and together with China's maritime neighbors, China is confident and able to manage the disputes through rules and mechanisms, to mitigate disputes through maritime cooperation and to reach a final settlement through negotiations," he concluded.
¡¡¡¡
South China Sea issue should be handled in constructive manner: Chinese diplomatChina expresses dissatisfaction with G7 statement on South China SeaRussia urges solving South China Sea disputes through negotiationsJapan's South China Sea maneuvering at G7 Summit a 'clumsy show'China rejects U.S. aircraft surveillance over South China Sea
Wanda opens theme park to rival DisneyChinese stock exchanges set time limit for trading suspensionBeijing's new gov't center controls populationChina's monetary policy effective: central bank officialXi underscores challenge, opportunity of aging population
Special parking space for women stirs up controversy WHO rejects plea to postpone Rio Olympics Worldwide conservation body backs total ban on ivory trade China regulates overseas investor capital outflow in inter-bank bond market Many second pregnancies not planned
You are receiving this email because you subscribed to this feed at https://blogtrottr.com
If you no longer wish to receive these emails, you can unsubscribe here:
https://blogtrottr.com/unsubscribe/qhG/Zc7fXt
No comments:
Post a Comment