Tribunal says China has no rights over water, resources
Jul 12, 2016 21:31:01 GMT 10
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Post by SA Hunter on Jul 12, 2016 21:31:01 GMT 10
www.adelaidenow.com.au/news/world/south-china-sea-ruling-unbacked-tribunal-says-china-has-no-rights-over-water-resources/news-story/1550854ebc1b43078e3fab113b5f6f40
AN international tribunal ruled against China in a bitter row over territorial claims to the South China Sea that is likely to ratchet up regional tensions.
“The tribunal concluded that there was no legal basis for China to claim historic rights within the sea areas falling within the ‘nine-dash line’,” the Permanent Court of Arbitration said in a statement.
All eyes were watching for reaction from the Asian political and military powerhouse, which had fired off a barrage of criticism even before the decision by the PCA in The Hague was announced.
China asserts sovereignty over almost all of the strategically vital waters in the face of rival claims from its Southeast Asian neighbours.
Manila had lodged the suit against Beijing in 2013, saying that after 17 years of negotiations it had exhausted all political and diplomatic avenues.
Beijing waged a months-long campaign to discredit the panel, which it says has no jurisdiction in the multinational dispute, and it refused to take part in the case.
The decision is devastating for China’s claims, said Yanmei Xie, China analyst for the International Crisis Group, saying the ruling was “as unfavourable to China as it can be”.
The state-run China Daily topped its front page with a picture of Woody Island in the Paracels, emblazoned: “Arbitration invalid”.
The People’s Daily in China also dubbed the tribunal as “law-abusing” on social media.
English-language headlines on the official Xinhua news agency included: “South China Sea arbitration abuses international law: Chinese scholar”, “Permanent Court of Arbitration must avoid being used for political purposes” and “The sea where Chinese fishermen live and die”.
Xinhua, the country’s official news agency, claimed the ruling was an “ill-founded” ruling, adding: ‘ts decision is naturally null and void.”
It has also claimed that China says it has “historic rights” in the South China Sea, despite the ruling.
State broadcaster CCTV said China’s troops would “unswervingly safeguard state sovereignty, security, maritime rights and interests”.
In a statement published by Xinhua, the Chinese government reaffirmed its territorial sovereignty.
“China is the first to have discovered, named, and explored and exploited Nanhai Zhudao and relevant waters, and the first to have exercised sovereignty and jurisdiction over them continuously, peacefully and effectively, thus establishing territorial sovereignty and relevant rights and interests in the South China Sea,” the statement read.
“Based on the practice of the Chinese People and the Chinese government in the long course of history and the position consistently upheld by successive Chinese governments, and in accordance with national law and international law, including the United Nations Convention on the Law of the Sea, China has territorial sovereignty and maritime rights and interests in the South China Sea, including, inter alia: i. China has sovereignty over Nanhai Zhudao, consisting of Dongsha Qundao, Xisha Qundao, Zhongsha Qundao and Nansha Qundao; ii. China has internal waters, territorial sea and contiguous zone, based on Nanhai Zhudao; iii. China has exclusive economic zone and continental shelf, based on Nanhai Zhudao; iv. China has historic rights in the South China Sea. The above positions are consistent with relevant international law and practice.”
China also stated it was “ready to continue to resolve the relevant disputes peacefully through negotiation and consultation with the states directly concerned on the basis of respecting historical facts and in accordance with international law”.
“Pending final settlement, China is also ready to make every effort with the states directly concerned to enter into provisional arrangements of a practical nature, including joint development in relevant maritime areas, in order to achieve win-win results and jointly maintain peace and stability in the South China Sea.,” its statement read.
China’s Foreign Ministry also issued a statement via Xinhua, saying: “The unilateral initiation of arbitration by the Philippines is out of bad faith. It aims not to resolve the relevant disputes between China and the Philippines, or to maintain peace and stability in the South China Sea, but to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea. The initiation of this arbitration violates international law.”
“The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China.”
The Philippines is hoping the favourable ruling will help to build international pressure on China to make concessions and reverse or stall its expansionist efforts in the sea.
It also hopes the win will give it much-needed leverage in any negotiations with China, including on signing a code of conduct for the sea.
Foreign Secretary Perfecto Yasay said it welcomed “the issuance today... on the arbitration proceedings initiated by the Philippines with regard to the South China Sea”.
In its ruling, the tribunal stated “China had violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone. The tribunal also held that fishermen from the Philippines (like those from China) had traditional fishing rights at Scarborough Shoal and that China had interfered with these rights in restricting access. The tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels.”
What’s there and who’s disputing it?
It’s mostly empty, and hundreds of the small islands, islets and rocks are not naturally able to support human settlement. Significant chains include the Paracels in the north, and the Spratlys in the south. But everyone surrounding the sea — Vietnam, Malaysia, the Philippines, tiny Brunei, Taiwan and, most significantly, China — lay claim to some part of it.
If there’s nothing there, why is there any dispute?
Scientists believe that the seabed could contain unexploited oil, gas and minerals, which would be a boon to any country that can establish their claims to the region’s waters, especially in resource-hungry Asia. It’s also home to abundant fisheries that feed growing populations.
But the sea’s key value is strategic. Shipping lanes vital to world trade pass through it, carrying everything from raw materials to finished products, as well as enormous quantities of oil.
Beijing views the South China Sea as its own backyard, a place where it is entitled to free, uninterrupted rein and where its growing navy should be able to operate unhampered.
How are these disputes playing out?
For years, claimants have been building up the tiny reefs and islets to bolster their claims to ownership. China’s land-reclamation program has been particularly aggressive.
Satellite pictures now show inhabited islands where there was once only submerged coral and many have multiple facilities, including some with runways long enough for huge planes.
Beijing insists its intent is peaceful but the US and others suspect China is trying to assert its sovereignty claims and say that it could pose threats to the free passage of ships.
Washington says the waters are international and regularly sends its warships there on so-called “Freedom of Navigation” missions.
China says these missions are provocations and warns the US not to interfere. It regularly stages its own exercises in the area as a show of force.
Is the tribunal’s finding legally binding?
A five-member tribunal of maritime affairs experts in The Hague issued its ruling, after a bitter dispute between Beijing and the Philippines continued, in a closely-watched cased that risks ratcheting up tensions in Southeast Asia.
The tribunal set up by the Permanent Court of Arbitration is allowed to arbitrate on matters of international law, including the United Nations Convention on the Law of the Sea (UNCLOS).
It has the power to make a decision that cannot be appealed.
However the tribunal and the PCA have no means to enforce the verdict, with compliance left to the parties concerned.
Manila and its allies — including the United States — say China will nevertheless be bound by the ruling.
But Beijing has said from the start that the tribunal is invalid and has boycotted its proceedings.
AN international tribunal ruled against China in a bitter row over territorial claims to the South China Sea that is likely to ratchet up regional tensions.
“The tribunal concluded that there was no legal basis for China to claim historic rights within the sea areas falling within the ‘nine-dash line’,” the Permanent Court of Arbitration said in a statement.
All eyes were watching for reaction from the Asian political and military powerhouse, which had fired off a barrage of criticism even before the decision by the PCA in The Hague was announced.
China asserts sovereignty over almost all of the strategically vital waters in the face of rival claims from its Southeast Asian neighbours.
Manila had lodged the suit against Beijing in 2013, saying that after 17 years of negotiations it had exhausted all political and diplomatic avenues.
Beijing waged a months-long campaign to discredit the panel, which it says has no jurisdiction in the multinational dispute, and it refused to take part in the case.
The decision is devastating for China’s claims, said Yanmei Xie, China analyst for the International Crisis Group, saying the ruling was “as unfavourable to China as it can be”.
The state-run China Daily topped its front page with a picture of Woody Island in the Paracels, emblazoned: “Arbitration invalid”.
The People’s Daily in China also dubbed the tribunal as “law-abusing” on social media.
English-language headlines on the official Xinhua news agency included: “South China Sea arbitration abuses international law: Chinese scholar”, “Permanent Court of Arbitration must avoid being used for political purposes” and “The sea where Chinese fishermen live and die”.
Xinhua, the country’s official news agency, claimed the ruling was an “ill-founded” ruling, adding: ‘ts decision is naturally null and void.”
It has also claimed that China says it has “historic rights” in the South China Sea, despite the ruling.
State broadcaster CCTV said China’s troops would “unswervingly safeguard state sovereignty, security, maritime rights and interests”.
In a statement published by Xinhua, the Chinese government reaffirmed its territorial sovereignty.
“China is the first to have discovered, named, and explored and exploited Nanhai Zhudao and relevant waters, and the first to have exercised sovereignty and jurisdiction over them continuously, peacefully and effectively, thus establishing territorial sovereignty and relevant rights and interests in the South China Sea,” the statement read.
“Based on the practice of the Chinese People and the Chinese government in the long course of history and the position consistently upheld by successive Chinese governments, and in accordance with national law and international law, including the United Nations Convention on the Law of the Sea, China has territorial sovereignty and maritime rights and interests in the South China Sea, including, inter alia: i. China has sovereignty over Nanhai Zhudao, consisting of Dongsha Qundao, Xisha Qundao, Zhongsha Qundao and Nansha Qundao; ii. China has internal waters, territorial sea and contiguous zone, based on Nanhai Zhudao; iii. China has exclusive economic zone and continental shelf, based on Nanhai Zhudao; iv. China has historic rights in the South China Sea. The above positions are consistent with relevant international law and practice.”
China also stated it was “ready to continue to resolve the relevant disputes peacefully through negotiation and consultation with the states directly concerned on the basis of respecting historical facts and in accordance with international law”.
“Pending final settlement, China is also ready to make every effort with the states directly concerned to enter into provisional arrangements of a practical nature, including joint development in relevant maritime areas, in order to achieve win-win results and jointly maintain peace and stability in the South China Sea.,” its statement read.
China’s Foreign Ministry also issued a statement via Xinhua, saying: “The unilateral initiation of arbitration by the Philippines is out of bad faith. It aims not to resolve the relevant disputes between China and the Philippines, or to maintain peace and stability in the South China Sea, but to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea. The initiation of this arbitration violates international law.”
“The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China.”
The Philippines is hoping the favourable ruling will help to build international pressure on China to make concessions and reverse or stall its expansionist efforts in the sea.
It also hopes the win will give it much-needed leverage in any negotiations with China, including on signing a code of conduct for the sea.
Foreign Secretary Perfecto Yasay said it welcomed “the issuance today... on the arbitration proceedings initiated by the Philippines with regard to the South China Sea”.
In its ruling, the tribunal stated “China had violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone. The tribunal also held that fishermen from the Philippines (like those from China) had traditional fishing rights at Scarborough Shoal and that China had interfered with these rights in restricting access. The tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels.”
What’s there and who’s disputing it?
It’s mostly empty, and hundreds of the small islands, islets and rocks are not naturally able to support human settlement. Significant chains include the Paracels in the north, and the Spratlys in the south. But everyone surrounding the sea — Vietnam, Malaysia, the Philippines, tiny Brunei, Taiwan and, most significantly, China — lay claim to some part of it.
If there’s nothing there, why is there any dispute?
Scientists believe that the seabed could contain unexploited oil, gas and minerals, which would be a boon to any country that can establish their claims to the region’s waters, especially in resource-hungry Asia. It’s also home to abundant fisheries that feed growing populations.
But the sea’s key value is strategic. Shipping lanes vital to world trade pass through it, carrying everything from raw materials to finished products, as well as enormous quantities of oil.
Beijing views the South China Sea as its own backyard, a place where it is entitled to free, uninterrupted rein and where its growing navy should be able to operate unhampered.
How are these disputes playing out?
For years, claimants have been building up the tiny reefs and islets to bolster their claims to ownership. China’s land-reclamation program has been particularly aggressive.
Satellite pictures now show inhabited islands where there was once only submerged coral and many have multiple facilities, including some with runways long enough for huge planes.
Beijing insists its intent is peaceful but the US and others suspect China is trying to assert its sovereignty claims and say that it could pose threats to the free passage of ships.
Washington says the waters are international and regularly sends its warships there on so-called “Freedom of Navigation” missions.
China says these missions are provocations and warns the US not to interfere. It regularly stages its own exercises in the area as a show of force.
Is the tribunal’s finding legally binding?
A five-member tribunal of maritime affairs experts in The Hague issued its ruling, after a bitter dispute between Beijing and the Philippines continued, in a closely-watched cased that risks ratcheting up tensions in Southeast Asia.
The tribunal set up by the Permanent Court of Arbitration is allowed to arbitrate on matters of international law, including the United Nations Convention on the Law of the Sea (UNCLOS).
It has the power to make a decision that cannot be appealed.
However the tribunal and the PCA have no means to enforce the verdict, with compliance left to the parties concerned.
Manila and its allies — including the United States — say China will nevertheless be bound by the ruling.
But Beijing has said from the start that the tribunal is invalid and has boycotted its proceedings.
