1. LINE

      Text:AAAPrint
      Politics

      Philippine-initiated arbitration on South China Sea undermines international law

      1
      2016-07-07 10:01Xinhua Editor: Gu Liping

      The Philippine-initiated arbitration on the South China Sea issue is but a political farce under "legal" pretexts aiming to fake "a new reality," which provokes both principles of international law and order, said an article published in a renowned Chinese biweekly magazine.

      The article, which appeared in the latest edition of the biweekly Qiushi, said the arbitration is believed to endanger the foundation of the existing international law and order by defying basic respect for sovereignty, territorial integrity and voluntary choice by sovereign states, as it seeks maritime jurisdiction overriding national sovereignty and other international laws.

      China rejects the arbitration for its failure to conform with international law, said the article carried by the magazine, one of the publications of the Central Committee of the Communist Party of China (CPC).

      The magazine's comment is made prior to an arbitral tribunal ruling due on July 12, reiterating the Chinese government's stance of no-acceptance of and non-participation in the arbitration.

      It also reaffirmed China's insistence on its sovereignty and rights in the South China Sea based on historical facts and legal principles.

      The Philippines unilaterally initiated the compulsory arbitration proceedings of the International Tribunal for the Law of the Sea (ITLOS) in January 2013, prompting a five-member arbitral tribunal presided over by a former Japanese diplomat.

      However, the UN Convention on the Law of the Sea obliges peaceful solution of disputes in an agreed way out of voluntary choice, and encourages comparison of notes on differences over its application before seeking a third-party intervention.

      Meanwhile, the tribunal has no jurisdiction over territorial claims and allows delimitations, including maritime demarcation.

      The article criticized the arbitral tribunal for overstepping its jurisdiction and abusing the UN sea convention to consider the Philippine submissions.

      The tribunal has chosen to ignore Manila's obligation to a negotiated solution under bilateral deals and the 2002 Declaration on the Conduct of Parties in the South China Sea by China and all members of the Association of Southeast Asian Nations, and to defy the delimitations China has made to the UN sea convention.

      The moves amount to a de facto nullification of convention members' self-choice rights and the delimitations so far made by some 30 members, undermining the integrity of the convention's dispute settlement mechanism.

      Worse, it reaches beyond the convention's jurisdiction. It feeds Manila's illegal territorial claims under technical pretenses, attempting to deny China's sovereignty herein through distorted interpretations of the convention, in a way not to pride itself, the article notes.

      The Qiushi article also denounced the arbitral tribunal's misconduct in ascertaining facts and law application.

      The tribunal has deliberately misinterpreted China's position paper on the arbitration by quoting out of the context, it points out.

      As regards dispute settlement and the legal binding force of related accords, the tribunal reduces readings to be of single document and cites highly disputable judicial precedents in favor instead of more ones otherwise, so as to arrive at a conclusion that China and the Philippines do not rule out a third-party intervention.

      On the legal status of the reefs concerned, the tribunal chose to discriminate them from a macro geographic context in defiance of China's insistence on deeming the Nansha Islands as a whole, says the article.

      The arbitral tribunal is also found to have selectively collected evidence to fit but only to contradict presumptions against China.

      While determining that the Manila requests have nothing to do with territorial claim and maritime demarcation, the tribunal used related bilateral consultations to justify Manila's initiation of the arbitration.

      The Qiushi article also noticed suspicious shifts in basic stance of key figures in the arbitration. For instance, Professor Alfred Soons of The Netherlands, a longtime advocate for legal status of reefs as an inextricable part of maritime demarcation, supports their disconnection instead after being involved as an arbitrator, believed to argue for the tribunal's jurisdiction and Manila's ill-purposed evasion of China's delimitation.

      On procedural justice, the article elaborated on China's opposition to the tribunal presidency held by former Japanese diplomat Shunji Yanai. It also disputed the geographic representation and cultural background of the five arbitrators for the sake of an unbiased judgement.

      What the arbitral tribunal has done runs against the international principle for peaceful solution of disputes, and it has worked to worsen disputes and destabilize the situation in South China Sea, stresses the article.

       

        

      Related news

      MorePhoto

      Most popular in 24h

      MoreTop news

      MoreVideo

      News
      Politics
      Business
      Society
      Culture
      Military
      Sci-tech
      Entertainment
      Sports
      Odd
      Features
      Biz
      Economy
      Travel
      Travel News
      Travel Types
      Events
      Food
      Hotel
      Bar & Club
      Architecture
      Gallery
      Photo
      CNS Photo
      Video
      Video
      Learning Chinese
      Learn About China
      Social Chinese
      Business Chinese
      Buzz Words
      Bilingual
      Resources
      ECNS Wire
      Special Coverage
      Infographics
      Voices
      LINE
      Back to top Links | About Us | Jobs | Contact Us | Privacy Policy
      Copyright ©1999-2018 Chinanews.com. All rights reserved.
      Reproduction in whole or in part without permission is prohibited.
      主站蜘蛛池模板: 九月婷婷亚洲综合在线| 日韩亚洲Av人人夜夜澡人人爽| 国产在线播放免费| 久久久久亚洲av成人无码电影 | 亚洲中文字幕无码爆乳av中文| 4480yy私人影院亚洲| 亚洲综合激情五月丁香六月| 国产精品免费大片一区二区| 999国内精品永久免费视频| 免费在线观看黄色毛片| 亚洲精品国产福利片| 中文字幕不卡高清免费| 日韩精品无码人妻免费视频| 亚洲免费视频在线观看| 一区二区三区免费视频播放器 | 国产成人免费福利网站| 精品久久久久久亚洲综合网| 日韩免费无码视频一区二区三区| 国产国产人免费人成免费视频 | 1000部国产成人免费视频| 中文字幕亚洲专区| 国产一级婬片A视频免费观看| 亚洲AV永久无码区成人网站| 免费福利在线观看| 国产高清在线免费视频| 日韩成人毛片高清视频免费看| 亚洲中文字幕在线第六区| 免费一级毛suv好看的国产网站| 久久久精品国产亚洲成人满18免费网站 | 一级毛片a免费播放王色| 亚洲乱码国产乱码精品精| 疯狂做受xxxx高潮视频免费| 妞干网免费视频观看| 亚洲乱码卡三乱码新区| 最近免费中文字幕mv电影| 亚洲网址在线观看你懂的| 国产香蕉九九久久精品免费| 亚洲视频无码高清在线| 国产啪精品视频网免费| 亚洲国产美女精品久久| 精品免费人成视频app|