The January 5 edition of the South China Morning Post reported that the US passed the Asia Reassurance Initiative Act (ARIA) to reaffirm and reassure its “allies” that America is committed to protecting and promoting democracy in the Asia-Pacific. To do so, America will spend US$1.5 billion annually for five years to “show its presence” and increase “freedom of navigation operations” (FNOPs).
The US will also recruit countries in the region and beyond to help keep the East and South China Seas safe for freedom of navigation operations.
Uncle Sam will impose penalties on individuals or countries stealing US technology.
The US claims the ARIA did not specify China, but few if any believe it. Indeed, some analysts even suggest that the act might, in fact, be a new tactic to contain China.
Is China the “aggressor” in the Asia-Pacific?
Critics and security analysts were quick to point out that the ARIA could be a “headache” for China. Singapore-based analyst Colin Koh assumed US regional allies would rally to join the US in countering China. Tony Nash, chief of Complete Intelligence, said the act shows the US has “friends” in the region. Derek Grossman, a senior analyst at the Rand Corporation, suggested the ARIA demonstrates the US commitment in the Asia-Pacific. All three analysts suggested that Asian countries would choose the US over China.
However, the reality on the ground might tell a different story, in that most countries – except for Australia and New Zealand – might, in fact, be wary of US intrusion in the region.
China is the biggest trade partner for most, if not all, countries in the region. Contrary to accusations of China using “predatory” economics or “debt traps” to win influence, Chinese investment is largely responsible for the region’s relatively high economic growth rates and dynamism. Choosing the US over China amounts to cutting the hand that feeds them.
Contrary to US claims, China has never blocked FNOPs because a big chunk of the US$5 trillion of trade transiting the waterways is Chinese imports and exports. If one bothers to check, FNOPs were never a problem until then-secretary of state Hillary Clinton declared the South China Sea (SCS) a US “national interest,” even though America is thousands of kilometers away.
Further, history is on China’s side. The territorial claims were made by past Chinese governments. It was the Nationalist government that drew the “Nine Dash Line” in the SCS in 1947, two years before the “evil” communists founded the People’s Republic of China.
The US was a signatory and major force behind the Cairo and Potsdam Declarations, demanding Japan return all territories it annexed to their rightful owners after World War Two. Although the declarations did not specifically name the Diaoyu Islands (Senkakus to Japan), they are within Taiwan’s exclusive economic zone. And Taiwan was mentioned.
China was exempted from the United Nations Convention on the Law of the Sea (UNCLOS), which erased all historical claims because those of China were made long before UNCLOS became effective.
According to Singaporean political observer Chua Chin Leng, the Permanent Court of Arbitration (PCA) that ruled against China is not affiliated with the UN, but an administrative organization having permanent resources to settle disputes between two parties. He dismissed the PCA as a US-inspired “kangaroo court” whose ruling was rejected not only by China but Taiwan as well.
Han Dongping, a professor at Warren Wilson College in the US, concurred. He claimed that the PCA existed only because it serves the US’s interest. Ruling against China did just that, giving “legitimate” cover to US meddling in the SCS.
In light of Taiwan siding with the mainland government to reject the PCA ruling, no future government – Communist, Nationalist or multi-party democracies – will recognize claims within the “Nine Dash Line.”
Asian countries unwilling to join US
It is difficult to fathom why any Asian nation, including Australia and New Zealand, would side with the US to “contain” China, being fully aware that siding with America could risk their economic well-being and security.
A proxy war between China and the US would be fought in the South or East China Sea, crushing the neighborhood like two elephants on a rampage
A proxy war between China and the US would be fought in the South or East China Sea, crushing the neighborhood like two elephants on a rampage.
Because of national interest risks, the majority of businesses and people in the region would likely oppose any formal alliance with the US. Indeed, the opposition to join the US is already in motion, in that businesses are forcing the anti-China Abe government in Japan to seek rapprochement with its neighbor.
Even US businesses are urging their government to cooperate with rather than fight China. The latest is Apple, which has lost almost 10% of its value because the Chinese are switching from iPads and iPhones to Chinese-made electronic gadgets. Apple is losing its “shine” because its products are overpriced and overrated, although the economy slowing down played a role.
Association of Southeast Asian Nations (ASEAN) member states, including ones making territorial claims against China, have agreed to establish a code of conduct on the SCS and platforms to jointly develop the region. India seems to be walking away from the “Quad” proposal, seeking closer economic and security relations with China.
Vietnam has no reason to “love” America after it relentlessly bombed the country, killing hundreds of thousands of Vietnamese over a lie. In light of reports of American soldiers committing crimes, it is also doubtful that the majority of South Korean and Japanese people want their countries to host US military bases.
In short, few if any countries in the region want to choose sides. They only want to left alone to develop their economies and improve their people’s lives, preferring to settle territorial claims with China through dialogue.
Past US attempts
Past US attempts to “contain” China failed miserably. The “pivot” to Asia was largely responsible for China building islands to reinforce its claims. US FNOPS caused China to install military assets on the islands. Senior US officials’ warnings of Chinese “predatory” economic practices and “aggression” culminated in more Chinese investment and were largely ignored. The list goes on.
In this regard, there is no reason to believe ARIA will be anymore successful. The fact of the matter is that China is too big and strong to be coerced. The latest FNOP was conducted by the USS Campbell in China’s exclusive economic zone. The destroyer was quickly chased away by Chinese forces. It would seem that China is determined to defend its “core interests,” with force if necessary.
Besides, it is doubtful that China did what the US claims: stealing US technology, practicing “predatory” economics, and other “evil” deeds.
This article cut through U.S. propaganda like a warm knife through butter. Well done!
This article cut through U.S. propaganda like a warm knife through butter. Well done!
Tony Nash, chief of Complete Intelligence, said the act shows the US has “friends” in the region. How idiotic. Just passing an Act and proclaim plenty of friends is childish.
China might as well pass a Friendship Law and proclaim every country in the world is now friendly with China.
US politicians are arrogant and self-serving indulging in foreign interference to garner domestic voters, diverting attention away from domestic problems and promoting the interests of special interest groups like the military-industrial-complex which has morphed into the military-industrial-congressional complex.
One of the worst of these lawmakers is the rabid China-hater, Marco Rubio. Russiagate is now fading away and so the US has to create a Chinagate.
Tony Nash, chief of Complete Intelligence, said the act shows the US has “friends” in the region. How idiotic. Just passing an Act and proclaim plenty of friends is childish.
China might as well pass a Friendship Law and proclaim every country in the world is now friendly with China.
US politicians are arrogant and self-serving indulging in foreign interference to garner domestic voters, diverting attention away from domestic problems and promoting the interests of special interest groups like the military-industrial-complex which has morphed into the military-industrial-congressional complex.
One of the worst of these lawmakers is the rabid China-hater, Marco Rubio. Russiagate is now fading away and so the US has to create a Chinagate.
At a roundtable in Kualal Lumpur organised by the Institute for Strategic and International Studies (ISIS) in 2011, Deputy Secretary of State, William Burns defined America’s relationship with Malaysia as a vital part of U.S. strategy to engage the Asia-Pacific, remarking: “For decades, this relationship did not realise its potential. We all too often found ourselves on different sides of geopolitical fault lines, and at times, in the past, have struggled to rise above mistrust."
Friendship with US cannot be taken for granted. Passing an Act will not solve this mistrust. Malaysia is a muslim country and is aware of the US destruction and backstabbing of muslim countrieslike Pakistan, Iraq, Libya, Syria, Iran, Egypt, Yemen and Afghanistan.
At a roundtable in Kualal Lumpur organised by the Institute for Strategic and International Studies (ISIS) in 2011, Deputy Secretary of State, William Burns defined America’s relationship with Malaysia as a vital part of U.S. strategy to engage the Asia-Pacific, remarking: “For decades, this relationship did not realise its potential. We all too often found ourselves on different sides of geopolitical fault lines, and at times, in the past, have struggled to rise above mistrust."
Friendship with US cannot be taken for granted. Passing an Act will not solve this mistrust. Malaysia is a muslim country and is aware of the US destruction and backstabbing of muslim countrieslike Pakistan, Iraq, Libya, Syria, Iran, Egypt, Yemen and Afghanistan.
Oops, forgot to mention that US backed a coup to overthrow Erdogan in Turkey.
Oops, forgot to mention that US backed a coup to overthrow Erdogan in Turkey.
Talk is cheap. Stop doing all business with the u.S.!
Oh, you can’t… and the reason you can’t is because you are counting on the Trillions of dollars in wealth transfer to build your belt and road initiative, as well as fuel your own economy.
Keep in mind that it was America that invited China out of it’s shell. It was America that invited China to the World Trade Organization. It was America that gave China the dual use technology that allowed China its missile and satellite advances. It’s all Countries that China is stealing technology and information when necessary and DEMANDING turnover from, just to do business and it is America that China needs to continue to do business with, just to keep it’s own economy going.
How ungreatful you sound!
We don’t want to fight you. We didn’t want to fight anyone before. However, after we fought, we helped to rebuild. We stregthened alliances and helped to rebuild not only Countries, but Continents!
Spin it however you want, but don’t think for a moment that if we went to war, America (or it’s allies) are going to be a pushover. You better think really hard about this…
Yeah, we’ve got problems, even very significant problems and we’re distracted by stupid things like sports and games, but don’t doubt me on this… You don’t want to fight us.
DRS
Talk is cheap. Stop doing all business with the u.S.!
Oh, you can’t… and the reason you can’t is because you are counting on the Trillions of dollars in wealth transfer to build your belt and road initiative, as well as fuel your own economy.
Keep in mind that it was America that invited China out of it’s shell. It was America that invited China to the World Trade Organization. It was America that gave China the dual use technology that allowed China its missile and satellite advances. It’s all Countries that China is stealing technology and information when necessary and DEMANDING turnover from, just to do business and it is America that China needs to continue to do business with, just to keep it’s own economy going.
How ungreatful you sound!
We don’t want to fight you. We didn’t want to fight anyone before. However, after we fought, we helped to rebuild. We stregthened alliances and helped to rebuild not only Countries, but Continents!
Spin it however you want, but don’t think for a moment that if we went to war, America (or it’s allies) are going to be a pushover. You better think really hard about this…
Yeah, we’ve got problems, even very significant problems and we’re distracted by stupid things like sports and games, but don’t doubt me on this… You don’t want to fight us.
DRS
Very presentable true facts elaborated should not ignored who refused to accept it. Respect the history ,not twist the old history to present facts where as it is noid and void. The US had lost the power inheritable by Kuomintang -Chang Kai Shek by surprised. Good news -the US can’t be hegemony in Asia-Bases .Nothing interest for them and Western allies. Come from Very far of their original land. Kick them out from colonization.
Very presentable true facts elaborated should not ignored who refused to accept it. Respect the history ,not twist the old history to present facts where as it is noid and void. The US had lost the power inheritable by Kuomintang -Chang Kai Shek by surprised. Good news -the US can’t be hegemony in Asia-Bases .Nothing interest for them and Western allies. Come from Very far of their original land. Kick them out from colonization.
"Trump, by contrast, puts American interests first and will make deals that reinforce the position of the Chinese, Russian, or North Korean regimes if the outcome is in America’s interest."
Do you guys even read your own articles?
http://www.atimes.com/article/a-neo-conservative-coup-against-trumps-foreign-policy/
Seriously… Work with President Trump. And stop stealing our sh1t!
"Trump, by contrast, puts American interests first and will make deals that reinforce the position of the Chinese, Russian, or North Korean regimes if the outcome is in America’s interest."
Do you guys even read your own articles?
http://www.atimes.com/article/a-neo-conservative-coup-against-trumps-foreign-policy/
Seriously… Work with President Trump. And stop stealing our sh1t!
because usa can’t contain china and think it can use china to balance soviet. so that is not a help, it just that usa think china will be their canon fodder and being an arrogant usa instead been out outmanoeuvre by its pawn instead , how hillarious .
china should have thank the usa, but ever since usa try to break up china all the good will done by usa forefathers just evapourated . 1 by not being just – let the war criminal japan government intact (all the war criminal is let off by sayong usa forgive the japes. yeah right ! usa is korean china and all of south east asian )
because usa can’t contain china and think it can use china to balance soviet. so that is not a help, it just that usa think china will be their canon fodder and being an arrogant usa instead been out outmanoeuvre by its pawn instead , how hillarious .
china should have thank the usa, but ever since usa try to break up china all the good will done by usa forefathers just evapourated . 1 by not being just – let the war criminal japan government intact (all the war criminal is let off by sayong usa forgive the japes. yeah right ! usa is korean china and all of south east asian )
I am sorry Mr. Ken Moak, you have made a few mistakes in your article.
First, you said "China has never blocked FNOPs". I believe you don’t know what does this statement of yours mean. According to the UNCLOS, it means "the SCS is part of the high seas". Amercans uesed the FNOPs to tell China: the SCS is part of the high seas. If the SCS is not part of the high seas, China should and must say so by words and actions by "blocking" any FNOPs or even arresting the American vessels. Never blocking means the SCS is part of the high seas.
Second, you said "China was exempted from the United Nations Convention on the Law of the Sea (UNCLOS), which erased all historical claims because those of China were made long before UNCLOS became effective". No, China was NOT exempted from the UNCLOS. The UNCLOS is a new law; any new law will erase all old laws and claims concerning the same dispute. For instance, China’s old law says China’s territorial sea is 3 nautical mine wide. Then in 1992 China wrote a new law which says China’s territorial sea is 12 nm. The old 3 nm was erased. And this 12 nm territorial sea was given to China by the new law UNCLOS. How could you say "China was exempted from UNCLOS? This 12 nm specified in China’s internal law also erased her 9-dash line claim because her claim was an old claim.
Third, you quoted Singaporean political observer Chua Chin Leng, and told us that the Permanent Court of Arbitration (PCA) ruled against China. No, it was not the PCA that ruled; it was another TEMPORARY court named Arbitrual Tribunal that ruled. This temporary court or tribunal was established according to UNCLOS’s requirement, and therefore it was a proper and legal court.
May I ask you: do you think China should announce to the world that she will support any other country to claim territorial seas wider than 1000 nm? If China does not support other countries to do so, it will mean China is an exceptional country and only China can do so.
I am sorry Mr. Ken Moak, you have made a few mistakes in your article.
First, you said "China has never blocked FNOPs". I believe you don’t know what does this statement of yours mean. According to the UNCLOS, it means "the SCS is part of the high seas". Amercans uesed the FNOPs to tell China: the SCS is part of the high seas. If the SCS is not part of the high seas, China should and must say so by words and actions by "blocking" any FNOPs or even arresting the American vessels. Never blocking means the SCS is part of the high seas.
Second, you said "China was exempted from the United Nations Convention on the Law of the Sea (UNCLOS), which erased all historical claims because those of China were made long before UNCLOS became effective". No, China was NOT exempted from the UNCLOS. The UNCLOS is a new law; any new law will erase all old laws and claims concerning the same dispute. For instance, China’s old law says China’s territorial sea is 3 nautical mine wide. Then in 1992 China wrote a new law which says China’s territorial sea is 12 nm. The old 3 nm was erased. And this 12 nm territorial sea was given to China by the new law UNCLOS. How could you say "China was exempted from UNCLOS? This 12 nm specified in China’s internal law also erased her 9-dash line claim because her claim was an old claim.
Third, you quoted Singaporean political observer Chua Chin Leng, and told us that the Permanent Court of Arbitration (PCA) ruled against China. No, it was not the PCA that ruled; it was another TEMPORARY court named Arbitrual Tribunal that ruled. This temporary court or tribunal was established according to UNCLOS’s requirement, and therefore it was a proper and legal court.
May I ask you: do you think China should announce to the world that she will support any other country to claim territorial seas wider than 1000 nm? If China does not support other countries to do so, it will mean China is an exceptional country and only China can do so.
Kkdi Fung; apologies, I dont fully understand you, which is fine because English obviously isnt your first language, but that’s okay… I’ll try to address what I think you meant…
The u.S. isnt trying to contain China any more than we are trying to contain Mexico.
However, what sense does it make for a u.S. leader to allow China to steal from us (contrary to agreements = dishonor by the cheater) in any and every way possible? It is true that China has in the past been able to "buy" u.S. officials, but that is because those u.S. Officials were treasonous. We havent been outmanuevered, we were betrayed. The people are waking up to that treason, but the u.S. has a history of realizing things later than they should.
I agree with you, China should thank the u.S.
We’re not trying to break up China. China had a "civil" war. The leadership of the other side fled to another part of China and is holed up there. For reasons I dont fully understand, the u.S. decided to do TRILLIONS of business with Mainland China, which boosted Mainland China’s military, industrial and economic capacity, which they now use to threaten the u.S., its allies, China’s neighbors and EVEN ITS OWN COUNTRYMAN!
States wanted to join the united States. China is FORCING integration; in Hong Kong, in Macau, in Tibet in Taiwan and elsewhere… I keep hearing about how China thinks long-term, but I’m not seeing it.
The u.S. is STILL providing good will towards China, but China is showing disrespect in all manner towards the u.S.; STEALING, currency manipulation, "dumping", sabotage, limiting u.S. access to Chinese markets and forcing tech/patent transfer when they do enter (and many other underhanded business practices) all contrary to their previous agreements not to do these things. There is no honor in doing these things.
Yeah, we know China has compromised much of the technology it sells us, but this has only opened our eyes to the fact that China will never play fair. Of course, China’s buying the previous administrations certainly helped, but mainstream America figured that China would open up and see us more as friends and ot enemies, but that hasn’t happened. China has used its gain in authoritarian ways, which (naive) Americans didnt think would happen.
Americans tend to think positively, to the point of having our heads in the sand and not seeing threats for what they are. However, if we end up fighting (real fighting… life or death), then one only has to look at how we dealt with those after to see that the u.S. is magnanimous. We help to rebuild.
We dont want war, but if it comes…. Dont think it’s going to be easy.
Best to just do good business for both. "Play" fair; dont cheat. Dont steal. Have HONOR in the way China conducts its business…
Kkdi Fung; apologies, I dont fully understand you, which is fine because English obviously isnt your first language, but that’s okay… I’ll try to address what I think you meant…
The u.S. isnt trying to contain China any more than we are trying to contain Mexico.
However, what sense does it make for a u.S. leader to allow China to steal from us (contrary to agreements = dishonor by the cheater) in any and every way possible? It is true that China has in the past been able to "buy" u.S. officials, but that is because those u.S. Officials were treasonous. We havent been outmanuevered, we were betrayed. The people are waking up to that treason, but the u.S. has a history of realizing things later than they should.
I agree with you, China should thank the u.S.
We’re not trying to break up China. China had a "civil" war. The leadership of the other side fled to another part of China and is holed up there. For reasons I dont fully understand, the u.S. decided to do TRILLIONS of business with Mainland China, which boosted Mainland China’s military, industrial and economic capacity, which they now use to threaten the u.S., its allies, China’s neighbors and EVEN ITS OWN COUNTRYMAN!
States wanted to join the united States. China is FORCING integration; in Hong Kong, in Macau, in Tibet in Taiwan and elsewhere… I keep hearing about how China thinks long-term, but I’m not seeing it.
The u.S. is STILL providing good will towards China, but China is showing disrespect in all manner towards the u.S.; STEALING, currency manipulation, "dumping", sabotage, limiting u.S. access to Chinese markets and forcing tech/patent transfer when they do enter (and many other underhanded business practices) all contrary to their previous agreements not to do these things. There is no honor in doing these things.
Yeah, we know China has compromised much of the technology it sells us, but this has only opened our eyes to the fact that China will never play fair. Of course, China’s buying the previous administrations certainly helped, but mainstream America figured that China would open up and see us more as friends and ot enemies, but that hasn’t happened. China has used its gain in authoritarian ways, which (naive) Americans didnt think would happen.
Americans tend to think positively, to the point of having our heads in the sand and not seeing threats for what they are. However, if we end up fighting (real fighting… life or death), then one only has to look at how we dealt with those after to see that the u.S. is magnanimous. We help to rebuild.
We dont want war, but if it comes…. Dont think it’s going to be easy.
Best to just do good business for both. "Play" fair; dont cheat. Dont steal. Have HONOR in the way China conducts its business…
US is not a signatory to UNCLOS , so the US should not use UNCLOS as a tool to attack China. And UNCLOS has nothing to do with territorial claims.
The FNOPS by the US are not FNOPS, they are hostile provocations when the US intentionally sail their warships within 12 nautical mile of China’s territory. China has every right to chase away these warships.
The latest such incident involves the Paracels Islands which Vietnam has formally recognised the claim by China.
China has never impede any freedom of navigation when these are conducted away from its territorial waters.
Why don’t the US conduct " FNOPS " within the territorial waters of islands claimed by Vietnam ? Why pick on China ?
US is not a signatory to UNCLOS , so the US should not use UNCLOS as a tool to attack China. And UNCLOS has nothing to do with territorial claims.
The FNOPS by the US are not FNOPS, they are hostile provocations when the US intentionally sail their warships within 12 nautical mile of China’s territory. China has every right to chase away these warships.
The latest such incident involves the Paracels Islands which Vietnam has formally recognised the claim by China.
China has never impede any freedom of navigation when these are conducted away from its territorial waters.
Why don’t the US conduct " FNOPS " within the territorial waters of islands claimed by Vietnam ? Why pick on China ?
Wood Wu, go and refer to conclusions by international legal experts:
https://core.ac.uk/download/pdf/46893693.pdf
S China Sea disputes are over territorial sovereignty…. claim by the Philippines in the NSC fall outside the jurisdiction of the Arbitral Tribunal under UNCLOS.
Wood Wu, go and refer to conclusions by international legal experts:
https://core.ac.uk/download/pdf/46893693.pdf
S China Sea disputes are over territorial sovereignty…. claim by the Philippines in the NSC fall outside the jurisdiction of the Arbitral Tribunal under UNCLOS.
Your statement "China has never impede any freedom of navigation when these are conducted away from its territorial waters." is misleading. Where are China’s territorial waters? As far as I understood, China’s territorial waters are the waters enclosed by her 9 dashes, reaching the coast line of Indonesia.
Therefore China’s territorial waters are not (not) the 12 nautical miles surrounding any artificial islands she had built.
Your statement "China has never impede any freedom of navigation when these are conducted away from its territorial waters." is misleading. Where are China’s territorial waters? As far as I understood, China’s territorial waters are the waters enclosed by her 9 dashes, reaching the coast line of Indonesia.
Therefore China’s territorial waters are not (not) the 12 nautical miles surrounding any artificial islands she had built.
Wood Wu, you yourself wrote: "Then in 1992 China wrote a new law which says China’s territorial sea is 12 nm." Yes, I checked that this is China’s law. So, based on China’s law, China does not claim the whole S China Sea as its territorial waters.
As for the nine-dash line, China has not made any specific claims based on this line. The line was inherited from the nationalist government.
Only you yourself is making that claim when you wrote : " As far as I understood, China’s territorial waters are the waters enclosed by her 9 dashes, reaching the coast line of Indonesia. "
That is your claim, not China’s.
Wood Wu, you yourself wrote: "Then in 1992 China wrote a new law which says China’s territorial sea is 12 nm." Yes, I checked that this is China’s law. So, based on China’s law, China does not claim the whole S China Sea as its territorial waters.
As for the nine-dash line, China has not made any specific claims based on this line. The line was inherited from the nationalist government.
Only you yourself is making that claim when you wrote : " As far as I understood, China’s territorial waters are the waters enclosed by her 9 dashes, reaching the coast line of Indonesia. "
That is your claim, not China’s.
Mr. Chan, you have unconciously pointed out a contradiction om China’s stance in the SCS dispute. On the one hand, China knows her territorial waters is ony 12 mile wide, on the other hand China wants to own the waters enclosed by her 9 dashes, which means her territorial water in the SCS is about 1000 mile wide.
You said this is "not China’s" claim. If you were correct, how would you explain the 9 dashes? How would you explain China’s actions in the SCS when China tried to chase 2 Australian naval ships when they were hundreds of miles distant from Chinese artificial islands? How would you explain China’s actions trying to prohibit Finipino fishermen from fishing in the SCS? How would you explain China’s banning all fishing in the entire SCS for one year? How would you explain China’s action trying to stop Indonesians from digging oil close to Indonesian coast? Finally, the Chinese president Xi repeatedly insisted that the entire SCS was a property handed down to Chinese descendants from their ancient ancestors. How would you explain this one?
Mr. Chan, you have unconciously pointed out a contradiction om China’s stance in the SCS dispute. On the one hand, China knows her territorial waters is ony 12 mile wide, on the other hand China wants to own the waters enclosed by her 9 dashes, which means her territorial water in the SCS is about 1000 mile wide.
You said this is "not China’s" claim. If you were correct, how would you explain the 9 dashes? How would you explain China’s actions in the SCS when China tried to chase 2 Australian naval ships when they were hundreds of miles distant from Chinese artificial islands? How would you explain China’s actions trying to prohibit Finipino fishermen from fishing in the SCS? How would you explain China’s banning all fishing in the entire SCS for one year? How would you explain China’s action trying to stop Indonesians from digging oil close to Indonesian coast? Finally, the Chinese president Xi repeatedly insisted that the entire SCS was a property handed down to Chinese descendants from their ancient ancestors. How would you explain this one?
I believe all the international legal experts referred to me were wrong. Yes, the SCS "sovererighty" disputes falls outside of the jurisdiction of the Arbitral Tribunal, yet "interpretation" of the UNCLOS falls inside the jurisdiction of the Tribunal. The Tribunal has done a very good job in its interpretation of the law. Unfortunately all your legal experts chose to look at a wrong word "sovereignty".
I believe all the international legal experts referred to me were wrong. Yes, the SCS "sovererighty" disputes falls outside of the jurisdiction of the Arbitral Tribunal, yet "interpretation" of the UNCLOS falls inside the jurisdiction of the Tribunal. The Tribunal has done a very good job in its interpretation of the law. Unfortunately all your legal experts chose to look at a wrong word "sovereignty".