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Why doesn't China understand that calling disputed waters “law enforcement” doesn't make them its own? China cannot unilaterally turn the Second Thomas Shoal into its jurisdiction. Maritime disputes should be settled under international law, not by force or repeated patrols.

16,533 просмотров • 2 дней назад •via X (Twitter)

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The US is playing a very dangerous game in the South China Sea, where instead of trying to appease tensions like a responsible power should do, it backs maximalist claims that violate International Law, and lies egregiously for that purpose. Here is Nicholas Burns, the US ambassador to China, saying in an interview 2 weeks ago ( “You've seen over the last couple of months some 10 standoffs between Filipino naval forces and both Chinese coastguards and Chinese military vessels at a place called Second Thomas Shoal and also in Scarborough Shoal. Now it's important for everybody on this zoomcast to understand that the International Court of Justice, which is the relevant legal body, ruled in July 2016 decisively in favour of the Philippines. And so that that territory is the sovereign territory of the Philippines and that China’s legal claim to it has no basis in international law. All the rest of the world understands that and recognises that this is sovereign Filipino territory.” This is absolutely packed with lies. First of all, it was NOT the International Court of Justice (ICJ) but the Permanent Court of Arbitration (PCA) that made the July 2016 ruling ( This is a very important distinction because rulings by the PCA - unlike rulings by the ICJ - do NOT carry the weight of international law. Furthermore, in this case, China declined to participate in the arbitration. Secondly the PCA ruling in question absolutely does NOT confirm the Scarborough Shoal and Second Thomas Shoal as "sovereign Filipino territory". For the simple reason that the United Nations Convention on the Law of the Sea (UNCLOS), which is the international law framework the PCA was asked to arbitrate under, “does not address the sovereignty of states over land territory”. In fact the PCA, in its ruling, specifically said that it had “not been asked to, and does not purport to, make any ruling as to which state enjoys sovereignty over any land territory in the South China Sea, in particular with respect to the disputes concerning sovereignty over the Spratly Islands [where the Second Thomas Shoal is] or Scarborough Shoal”! This is all the more ironic because the US is one of the rare countries out there that refused to sign or ratify UNCLOS, contrary to China... What the ruling DID say with regards to the Scarborough Shoal and Second Thomas Shoal is as follows: - For the Scarborough Shoal, it ruled that they are rocks that cannot sustain human habitation or economic life of their own, do not generate an exclusive economic zone (EEZ) or continental shelf entitlements beyond their 12-nautical-mile territorial sea. It also ruled that both Chinese and Filipino fishermen, among others, had traditional fishing rights in the area and that no party should prevent the other from exercising these rights. - For the Second Thomas Shoal, the ruling declared that it is a "low-tide elevation", that "does not generate entitlements to a territorial sea, exclusive economic zone, or continental shelf" but that it is "within the exclusive economic zone and continental shelf of the Philippines", with the consequence that the Philippines have rights over the resources in these areas. That's it, it's a ruling about maritime entitlements under UNCLOS, not about the sovereignty over these territories. Thirdly, Burns’ statement that “all the rest of the world understands that and recognises that this is sovereign Philippine territory” is even more egregious. This is patently untrue, even for US allies. For instance Britain, France and Germany in their 2020 "note verbale" to the UN on the matter ( specifically wrote that they “take no position” over the “disputed territorial sovereignty to naturally formed land features and to areas of the continental shelf in the South China Sea”. In fact, until this declaration by Burns, this would have been untrue for the US themselves! Their position so far had been that - just like Britain, France and Germany - they did not take a position on the sovereignty claims themselves. The main reason is because these claims do not only involve the PRC and the Philippines but also the ROC (Taiwan), who also claim both the Scarborough Shoal and Second Thomas Shoal, as well as Vietnam and Malaysia who have also made claims over other parts of the Spratly Islands archipelago (of which the Second Thomas Shoal is part of). As such, unilaterally siding with one of the claimants over the others is a rather bizarre position for Washington. Lastly, if the US wanted to be constructive here, instead of backing one state or the other in its maximalist claims in order to fuel conflict, it should encourage the negotiation of the Code of Conduct (CoC) for the South China Sea that's currently being discussed between ASEAN countries and China. This is a diplomatic effort to end disputes. Why not support that instead of siding with one party against others, which can only fuel the disputes? The answer is simple: this is part of a broader and immensely worrying trend which we see in U.S. conduct generally (be it in Ukraine, Gaza, Taiwan, etc.) where the U.S. 1) jumps on all opportunities to sabotage diplomacy and fan the flames of conflict and war and 2) support the arbitrary and ever-changing self-interested rules of its "rules-based order" in opposition of International Law. Why do they do that? I genuinely think we need to seriously ask ourselves if the U.S. doesn't want to recreate a WW2-type scenario where the whole world is in flames and the U.S., protected by its immensely favorable geography, ends up reaping the benefits. If there's a "great reset" initiative going on, that might be the one. WW2 placed the U.S. at the top of the global pecking order: at a time when this "leadership" is crumbling down, it's not inconceivable that they wouldn't mind a remake...

Arnaud Bertrand

411,023 просмотров • 2 лет назад

Statement of the National Task Force-West Philippine Sea December 10, 2023, Manila, Philippines Today, 10 December 2023, China Coast Guard (CCG) and Chinese Maritime Militia (CMM) vessels harassed, blocked, and executed dangerous maneuvers on Philippine civilian supply vessels, in another attempt to illegally impede or obstruct a routine resupply and rotation mission (RORE) to BRP SIERRA MADRE (LS 57) at Avungin Shoal. CCG vessel 5204 deployed a water cannon against the Philippine supply vessels causing severe damage to M/L Kalavaan's engines, disabling the vessel and seriously endangering the lives of its crew. Currently, Philippine Coast Guard (PCG) vessel BRP Sindangan (MRRV-4407) is safely towing M/ Kalavaan back to Ulugan Bay, Palawan. Additionally, BRP Cabra (MRRV-4409) suffered damage to its mast after being directly targeted by the full strength of the water cannon of the China Coast Guard. The PCG vessels and the resupply boats Unaizah Mae 1 (UM1) and M/L Kalayaan were subjected to reckless and dangerous harassment at close range by CCG and Chinese Maritime Militia vessels on their approach to Avungin Shoal. Contrary to China Coast Guard disinformation, UM1 was rammed by CCG 21556. Despite these extreme and reckless actions, UM1 successfully reached BRP Sierra Madre, and resupply is ongoing as of this writing. The Task Force reiterates that Avungin Shoal is a low-tide elevation within the Philippine's exclusive economic zone (EEZ) and continental shelf, in accordance with UNCLOS and as upheld by the 2016 Arbitral Award. The Philippines exercises sovereign rights and jurisdiction over the feature. As a low tide elevation, Avungin Shoal can neither be the subject of a sovereignty claim nor is it capable of appropriation under international law. China cannot lawfully exercise sovereignty over it. In this regard, the assertion of China that its actions in the vicinity of Avungin Shoal are a legitimate exercise of law enforcement measures, has no basis in international law. Further, we express grave concern over the deliberate disinformation conducted through official channels, that distort facts on the ground. We condemn, once again, China's latest unprovoked acts of coercion and dangerous maneuvers against a legitimate and routine Philippine rotation and resupply mission to Avungin Shoal that has put the lives of our people at risk. The systematic and consistent manner in which the People's Republic of China carries out these illegal and irresponsible actions puts into question and significant doubt the sincerity of its calls for peaceful dialogue. Peace and stability cannot be achieved without due regard for the legitimate, well-established, and legally settled rights of others. We demand that China demonstrate that it is a responsible and trustworthy member of the international community. The Philippines continues to act in accordance with international law, particularly UNCLOS and the 2016 Arbitral Award. The Philippines will not be deterred from exercising our legal rights over our maritime zones, including Akungin Shoal which forms part of our EEZ and continental shelf.

Jay Tarriela

417,437 просмотров • 2 лет назад

Philippine Coast Guard Continues Vigilant Patrols in Zambales Against Illegal Patrols of China Coast Guard Today, the Philippine Coast Guard vessel, BRP Cabra, under the command of LCDR Hanna Yanez, a female skipper, is actively patrolling off the coast of Zambales to thwart attempts by the China Coast Guard to normalize their illegal patrols within the Philippines' Exclusive Economic Zone (EEZ). Despite the BRP Cabra being smaller in length compared to the Chinese Coast Guard vessels, PCG Commandant Admiral Ronnie Gil Gavan asserts that international law empowers our vessel to operate without intimidation. This confidence allows the BRP Cabra to challenge the China Coast Guard, thereby exposing their unruly behavior and bullying tactics to the international community. The Philippine Coast Guard conducts its maritime patrols in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), the 2016 Arbitral Award, and the Philippine Maritime Zones Act. Yesterday, during an engagement with CCG-21612 in the vicinity of 132.97 WSW off Capon Grande, Zambales, or approximately 36.35 S off BDM, the Chinese Coast Guard increased its speed and maneuvered past the port side of the BRP Cabra, dangerously blocking its navigation route. This incident highlights the CCG's non-compliance with the International Regulations for Preventing Collisions at Sea (COLREGS) and reflects a blatant disregard for safety at sea. While coast guards are typically recognized as enforcers of maritime safety and humanitarian organizations, the actions of the People's Republic of China diverge from these norms. Their illegal patrols jeopardize the lives of fishermen and legitimate law enforcement agencies alike. The Philippine Coast Guard remains committed to supporting the policy direction of President Ferdinand R. Marcos, Jr. that is to assert our rights and jurisdiction while ensuring that we do not act as an agent of escalation in the West Philippine Sea.

Jay Tarriela

14,641 просмотров • 1 год назад

This is yet another attempt by the People’s Republic of China to undermine the final and binding 2016 Arbitral Award on the South China Sea. China’s claim that the award is invalid because it did not participate in the proceedings is baseless under the United Nations Convention on the Law of the Sea (UNCLOS), to which China is a party. The arbitral tribunal, constituted under Annex VII of UNCLOS, directly addressed this argument in its 2015 jurisdictional ruling and 2016 merits award, emphasizing robust procedural safeguards to ensure fairness. Under Article 286 of UNCLOS, states parties are obliged to settle disputes through peaceful means, including binding arbitration under Part XV. By ratifying UNCLOS in 1996, China accepted these compulsory procedures. Article 287 permits states to choose a forum, but in the absence of such a choice, arbitration under Annex VII applies—a basis invoked by the Philippines in its 2013 notification. The tribunal confirmed jurisdiction over the Philippines’ submissions, clarifying that China’s objections did not bar it from ruling on maritime entitlements under UNCLOS. UNCLOS provides that non-appearance does not halt proceedings. Instead, it imposes a “special responsibility” on the tribunal to ensure claims are well founded in fact and law. The tribunal discharged this duty by: -Continuously notifying China of developments and sharing transcripts of hearings; -Repeatedly inviting China to participate or submit evidence; -Treating China’s 2014 Position Paper as a formal jurisdictional submission; and -Examining extensive documentary evidence, expert reports, and historical records. The tribunal concluded that China’s absence did not prevent proceedings from going forward, consistent with broader principles of international law, including Article 53 of the ICJ Statute. Article 296 of UNCLOS makes clear that arbitral awards are “final and binding” on the parties concerned. The award binds China and the Philippines and carefully avoided adjudicating sovereignty disputes or third-party rights. China’s policy of “four no’s”—no acceptance, participation, recognition, or implementation—does not alter these legal realities. International law is clear: non-participation is not a veto. Precedent, including the 1999 Southern Bluefin Tuna arbitration, confirms that tribunals proceed even when a party refuses to appear. For China, the path forward lies not in rejecting a treaty it helped shape, but in RECOMMITTING TO UNCLOS. China was a leader during UNCLOS negotiation. China should lead in preserving it for world peace and stability, not in undermining it for selfish and illegal claims.

Jay Tarriela

130,908 просмотров • 10 месяцев назад