07-12-2016, 10:04 PM
*** 13-Jul-16 World View -- Philippines humiliates China in harsh Hague Tribunal ruling over South China Sea
This morning's key headlines from GenerationalDynamics.com
****
**** UN Court issues harsh ruling condemning China and affirming the Philippines
****
![[Image: g160712b.jpg]](http://www.GenerationalDynamics.com/ww2010/g160712b.jpg)
Cheering Filipina girls on Tuesday after hearing the Tribunal announcement (AP)
China was deeply humiliated and infuriated on Tuesday by the
announcement that the hated Philippines had beaten them in a major
court case on the South China Sea. It wasn't a simple "on balance"
victory for the Philippines. It was a ruling by the United Nations
Permanent Court of Arbitration in the Hague where the Philippines had
thoroughly thrashed China. The court found that China's claims to the
Spratly Islands were invalid, that China's activities in the Spratly
Islands were violations of international law and destructive of the
environment, and furthermore that China had repeatedly and willfully
violated the Philippines' own Exclusive Economic Zone (EEZ), putting
the lives of Philippines fishermen in danger.
The Chinese and Filipino people are long-time war enemies who hold
each other in contempt. In this generational Crisis era, the two
countries are both highly nationalistic. There is a great deal of
international concern right now that the Filipino people will gloat
and that China will act like a trapped animal and will use its vast
military power to strike back in some way that will lead to war.
There is now a worldwide diplomatic search for some kind of
face-saving solution. One thing is for sure: The ruling did not
settle the South China Sea issue, and probably made it worse.
South China Morning Post (Hong Kong) and VOA and Guardian (London)
****
**** Tribunal ruling eviscerates China's 'Nine-Dash Line' claims
****
China's famous "Nine-Dash Line" claims -- a Chinese map with line
consisting of nine long dashes that encompasses the entire South China
Sea, including regions historically belonging to other countries --
was completely eviscerated by the ruling.
The following are some excerpts from the "Conclusion" section
of the ruling:
[indent]<QUOTE>"D. CONCLUSION
The Tribunal considers it beyond dispute that both Parties are
obliged to comply with the Convention, including its provisions
regarding the resolution of disputes, and to respect the rights
and freedoms of other States under the Convention. ...
[The Tribunal] DECLARES that, as between the Philippines and
China, China’s claims to historic rights, or other sovereign
rights or jurisdiction, with respect to the maritime areas of the
South China Sea encompassed by the relevant part of the ‘nine-dash
line’ are contrary to the Convention and without lawful effect to
the extent that they exceed the geographic and substantive limits
of China’s maritime entitlements under the Convention.
[The Tribunal] DECLARES that Scarborough Shoal, Gaven Reef
(North), McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery
Cross Reef, in their natural condition, are rocks that cannot
sustain human habitation or economic life of their own, and
accordingly that [they] generate no entitlement to an exclusive
economic zone or continental shelf.
[The Tribunal] FINDS that none of the high-tide features in the
Spratly Islands, in their natural condition, are capable of
sustaining human habitation or economic life of their own ...;
that none of the high-tide features in the Spratly Islands
generate entitlements to an exclusive economic zone or continental
shelf; and that therefore there is no entitlement to an exclusive
economic zone or continental shelf generated by any feature
claimed by China that would overlap the entitlements of the
Philippines in the area of Mischief Reef and Second Thomas Shoal;
and DECLARES that Mischief Reef and Second Thomas Shoal are within
the exclusive economic zone and continental shelf of the
Philippines.
[The Tribunal] FINDS that, in May 2013, fishermen from Chinese
flagged vessels engaged in fishing within the Philippines’
exclusive economic zone at Mischief Reef and Second Thomas Shoal;
and that China, through the operation of its marine surveillance
vessels, was aware of, tolerated, and failed to exercise due
diligence to prevent such fishing by Chinese flagged vessels; and
that therefore China has failed to exhibit due regard for the
Philippines’ sovereign rights with respect to fisheries in its
exclusive economic zone; and DECLARES that China has breached its
obligations under Article 58(3) of the Convention;
[The Tribunal] FINDS that Scarborough Shoal has been a traditional
fishing ground for fishermen of many nationalities and DECLARES
that China has, through the operation of its official vessels at
Scarborough Shoal from May 2012 onwards, unlawfully prevented
fishermen from the Philippines from engaging in traditional
fishing at Scarborough Shoal.
[The Tribunal] FINDS, with respect to the protection and
preservation of the marine environment in the South China Sea:
that fishermen from Chinese flagged vessels have engaged in the
harvesting of endangered species on a significant scale; that
fishermen from Chinese flagged vessels have engaged in the
harvesting of giant clams in a manner that is severely destructive
of the coral reef ecosystem; and that China was aware of,
tolerated, protected, and failed to prevent the aforementioned
harmful activities.
[The Tribunal] FINDS further that China’s land reclamation and
construction of artificial islands, installations, and structures
at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson
Reef, Hughes Reef, Subi Reef, and Mischief Reef has caused severe,
irreparable harm to the coral reef ecosystem; that China has not
cooperated or coordinated with the other States bordering the
South China Sea concerning the protection and preservation of the
marine environment concerning such activities; and that China has
failed to communicate an assessment of the potential effects of
such activities on the marine environment, within the meaning of
Article 206 of the Convention.
[The Tribunal] DECLARES that China has breached its obligations
... with respect to China’s construction of artificial islands,
installations, and structures at Mischief Reef: FINDS that China
has engaged in the construction of artificial islands,
installations, and structures at Mischief Reef without the
authorization of the Philippines; and DECLARES that China has
breached Articles 60 and 80 of the Convention with respect to the
Philippines’ sovereign rights in its exclusive economic zone and
continental shelf.
[The Tribunal] FINDS, with respect to the operation of Chinese law
enforcement vessels in the vicinity of Scarborough Shoal: that
China’s operation of its law enforcement vessels on 28 April 2012
and 26 May 2012 created serious risk of collision and danger to
Philippine ships and personnel; and DECLARES that China has
breached its obligations under Article 94 of the Convention; and
that, during the time in which these dispute resolution
proceedings were ongoing, China: a. has built a large artificial
island on Mischief Reef, a low-tide elevation located in the
exclusive economic zone of the Philippines; b. has caused—through
its land reclamation and construction of artificial islands,
installations, and structures—severe, irreparable harm to the
coral reef ecosystem ...; and has permanently destroyed—through
its land reclamation and construction of artificial islands,
installations, and structures—evidence of the natural condition of
Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef
(North), Johnson Reef, Hughes Reef, and Subi Reef.<END QUOTE>[/indent]
Part of China's claim to the South China Sea was a kind of
leapfrogging from island to island. China would claim one island
close to the mainland, then claim another island is close to the first
island, and so forth, across the South China Sea.
The Tribunal ruling was that these so-called islands are not islands.
They're simply uninhabited rocks, and so they do not qualify to be
claimed by anyone.
The ruling makes the following points:
Permanent Court of Arbitration ruline
and Russia Today
****
**** China reacts angrily to the Tribunal ruling
****
![[Image: g160712c.jpg]](http://www.GenerationalDynamics.com/ww2010/g160712c.jpg)
Chinese media graphic: 'The farce should come to an end'
Here are some excerpts from China's Foreign Ministry statement:
[indent]<QUOTE>"First, the South China Sea arbitration is completely
a political farce staged under legal pretext. ...
Its purpose is clearly not to seek proper settlement of disputes
with China, but to violate China’s territorial sovereignty and
maritime rights and interests and put peace and stability in the
South China Sea in jeopardy.
The arbitration was conducted according to unwarranted procedure
and application of law, and was based on flawed evidence and
facts. Such as it is, it will never be accepted by the Chinese
people. Nor will it be recognized by anyone in the world who
stands on the side of justice. ...
the Ministry of Foreign Affairs of the People's Republic of China
solemnly declares that the award is null and void and has no
binding force. China neither accepts nor recognizes
it."<END QUOTE>[/indent]
China's Global Times contained a bitter, vitriolic editorial:
[indent]<QUOTE>"If the award were to be followed, China would be left
with only a few isolated spots in the Nansha [Spratly] Islands
without entitlement to any EEZ and could even be deprived of
sovereignty of the waters surrounding the islands and islets. The
majority of the Nansha Islands waters would be taken up by the
EEZs claimed by the Philippines and Vietnam. Besides, China could
not continue with its island construction. The existing facilities
might be dismantled by these two countries if they could. With the
related resources being owned by Manila and Hanoi in the future,
China would have to withdraw its business and other activities
from the area.
This not only outrageously denies China's historic rights in the
Nansha area and its legitimate maritime interests, but also
overthrows the state of de facto control in the region including
the Huangyan Island waters. This is ridiculous. The verdict has
brazenly violated China's territorial sovereignty and maritime
rights."<END QUOTE>[/indent]
State television reacted to the ruling by showing a documentary
showcasing China's military might. China's Foreign Ministry and Global Times (Beijing) and China's Foreign Ministry
KEYS: Generational Dynamics, China, Philippines, South China Sea,
Permanent Court of Arbitration, Spratly Islands, Nine-dash line
Permanent web link to this article
Receive daily World View columns by e-mail
Contribute to Generational Dynamics via PayPal
John J. Xenakis
100 Memorial Drive Apt 8-13A
Cambridge, MA 02142
Phone: 617-864-0010
E-mail: john@GenerationalDynamics.com
Web site: http://www.GenerationalDynamics.com
Forum: http://www.gdxforum.com/forum
Subscribe to World View: http://generationaldynamics.com/subscribe
This morning's key headlines from GenerationalDynamics.com
- UN Court issues harsh ruling condemning China and affirming the Philippines
- Tribunal ruling eviscerates China's 'Nine-Dash Line' claims
- China reacts angrily to the Tribunal ruling
****
**** UN Court issues harsh ruling condemning China and affirming the Philippines
****
Cheering Filipina girls on Tuesday after hearing the Tribunal announcement (AP)
China was deeply humiliated and infuriated on Tuesday by the
announcement that the hated Philippines had beaten them in a major
court case on the South China Sea. It wasn't a simple "on balance"
victory for the Philippines. It was a ruling by the United Nations
Permanent Court of Arbitration in the Hague where the Philippines had
thoroughly thrashed China. The court found that China's claims to the
Spratly Islands were invalid, that China's activities in the Spratly
Islands were violations of international law and destructive of the
environment, and furthermore that China had repeatedly and willfully
violated the Philippines' own Exclusive Economic Zone (EEZ), putting
the lives of Philippines fishermen in danger.
The Chinese and Filipino people are long-time war enemies who hold
each other in contempt. In this generational Crisis era, the two
countries are both highly nationalistic. There is a great deal of
international concern right now that the Filipino people will gloat
and that China will act like a trapped animal and will use its vast
military power to strike back in some way that will lead to war.
There is now a worldwide diplomatic search for some kind of
face-saving solution. One thing is for sure: The ruling did not
settle the South China Sea issue, and probably made it worse.
South China Morning Post (Hong Kong) and VOA and Guardian (London)
****
**** Tribunal ruling eviscerates China's 'Nine-Dash Line' claims
****
China's famous "Nine-Dash Line" claims -- a Chinese map with line
consisting of nine long dashes that encompasses the entire South China
Sea, including regions historically belonging to other countries --
was completely eviscerated by the ruling.
The following are some excerpts from the "Conclusion" section
of the ruling:
[indent]<QUOTE>"D. CONCLUSION
The Tribunal considers it beyond dispute that both Parties are
obliged to comply with the Convention, including its provisions
regarding the resolution of disputes, and to respect the rights
and freedoms of other States under the Convention. ...
[The Tribunal] DECLARES that, as between the Philippines and
China, China’s claims to historic rights, or other sovereign
rights or jurisdiction, with respect to the maritime areas of the
South China Sea encompassed by the relevant part of the ‘nine-dash
line’ are contrary to the Convention and without lawful effect to
the extent that they exceed the geographic and substantive limits
of China’s maritime entitlements under the Convention.
[The Tribunal] DECLARES that Scarborough Shoal, Gaven Reef
(North), McKennan Reef, Johnson Reef, Cuarteron Reef, and Fiery
Cross Reef, in their natural condition, are rocks that cannot
sustain human habitation or economic life of their own, and
accordingly that [they] generate no entitlement to an exclusive
economic zone or continental shelf.
[The Tribunal] FINDS that none of the high-tide features in the
Spratly Islands, in their natural condition, are capable of
sustaining human habitation or economic life of their own ...;
that none of the high-tide features in the Spratly Islands
generate entitlements to an exclusive economic zone or continental
shelf; and that therefore there is no entitlement to an exclusive
economic zone or continental shelf generated by any feature
claimed by China that would overlap the entitlements of the
Philippines in the area of Mischief Reef and Second Thomas Shoal;
and DECLARES that Mischief Reef and Second Thomas Shoal are within
the exclusive economic zone and continental shelf of the
Philippines.
[The Tribunal] FINDS that, in May 2013, fishermen from Chinese
flagged vessels engaged in fishing within the Philippines’
exclusive economic zone at Mischief Reef and Second Thomas Shoal;
and that China, through the operation of its marine surveillance
vessels, was aware of, tolerated, and failed to exercise due
diligence to prevent such fishing by Chinese flagged vessels; and
that therefore China has failed to exhibit due regard for the
Philippines’ sovereign rights with respect to fisheries in its
exclusive economic zone; and DECLARES that China has breached its
obligations under Article 58(3) of the Convention;
[The Tribunal] FINDS that Scarborough Shoal has been a traditional
fishing ground for fishermen of many nationalities and DECLARES
that China has, through the operation of its official vessels at
Scarborough Shoal from May 2012 onwards, unlawfully prevented
fishermen from the Philippines from engaging in traditional
fishing at Scarborough Shoal.
[The Tribunal] FINDS, with respect to the protection and
preservation of the marine environment in the South China Sea:
that fishermen from Chinese flagged vessels have engaged in the
harvesting of endangered species on a significant scale; that
fishermen from Chinese flagged vessels have engaged in the
harvesting of giant clams in a manner that is severely destructive
of the coral reef ecosystem; and that China was aware of,
tolerated, protected, and failed to prevent the aforementioned
harmful activities.
[The Tribunal] FINDS further that China’s land reclamation and
construction of artificial islands, installations, and structures
at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson
Reef, Hughes Reef, Subi Reef, and Mischief Reef has caused severe,
irreparable harm to the coral reef ecosystem; that China has not
cooperated or coordinated with the other States bordering the
South China Sea concerning the protection and preservation of the
marine environment concerning such activities; and that China has
failed to communicate an assessment of the potential effects of
such activities on the marine environment, within the meaning of
Article 206 of the Convention.
[The Tribunal] DECLARES that China has breached its obligations
... with respect to China’s construction of artificial islands,
installations, and structures at Mischief Reef: FINDS that China
has engaged in the construction of artificial islands,
installations, and structures at Mischief Reef without the
authorization of the Philippines; and DECLARES that China has
breached Articles 60 and 80 of the Convention with respect to the
Philippines’ sovereign rights in its exclusive economic zone and
continental shelf.
[The Tribunal] FINDS, with respect to the operation of Chinese law
enforcement vessels in the vicinity of Scarborough Shoal: that
China’s operation of its law enforcement vessels on 28 April 2012
and 26 May 2012 created serious risk of collision and danger to
Philippine ships and personnel; and DECLARES that China has
breached its obligations under Article 94 of the Convention; and
that, during the time in which these dispute resolution
proceedings were ongoing, China: a. has built a large artificial
island on Mischief Reef, a low-tide elevation located in the
exclusive economic zone of the Philippines; b. has caused—through
its land reclamation and construction of artificial islands,
installations, and structures—severe, irreparable harm to the
coral reef ecosystem ...; and has permanently destroyed—through
its land reclamation and construction of artificial islands,
installations, and structures—evidence of the natural condition of
Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef
(North), Johnson Reef, Hughes Reef, and Subi Reef.<END QUOTE>[/indent]
Part of China's claim to the South China Sea was a kind of
leapfrogging from island to island. China would claim one island
close to the mainland, then claim another island is close to the first
island, and so forth, across the South China Sea.
The Tribunal ruling was that these so-called islands are not islands.
They're simply uninhabited rocks, and so they do not qualify to be
claimed by anyone.
The ruling makes the following points:
- The Spratly Islands are little more than rocks, uninhabited,
and so do not "generate entitlements to an exclusive economic zone or
continental shelf."
- China purposely and illegally permitted its own vessels to fish in
the Philippines EEZ.
- China purposely and illegally prevented fishermen from the
Philippines to fish around Scarborough Shoal, a traditional fishing
ground for many nationalities. China put Philippines' fishermen's
lives at risk.
- China has harvested endangered species "on a significant scale."
China has been "severely destructive of the coral reef
ecosystem."
- China's construction of artificial islands is almost totally
illegal, because of environmental destruction and because they violate
"Philippines’ sovereign rights in its exclusive economic zone and
continental shelf."
Permanent Court of Arbitration ruline
and Russia Today
****
**** China reacts angrily to the Tribunal ruling
****
Chinese media graphic: 'The farce should come to an end'
Here are some excerpts from China's Foreign Ministry statement:
[indent]<QUOTE>"First, the South China Sea arbitration is completely
a political farce staged under legal pretext. ...
Its purpose is clearly not to seek proper settlement of disputes
with China, but to violate China’s territorial sovereignty and
maritime rights and interests and put peace and stability in the
South China Sea in jeopardy.
The arbitration was conducted according to unwarranted procedure
and application of law, and was based on flawed evidence and
facts. Such as it is, it will never be accepted by the Chinese
people. Nor will it be recognized by anyone in the world who
stands on the side of justice. ...
the Ministry of Foreign Affairs of the People's Republic of China
solemnly declares that the award is null and void and has no
binding force. China neither accepts nor recognizes
it."<END QUOTE>[/indent]
China's Global Times contained a bitter, vitriolic editorial:
[indent]<QUOTE>"If the award were to be followed, China would be left
with only a few isolated spots in the Nansha [Spratly] Islands
without entitlement to any EEZ and could even be deprived of
sovereignty of the waters surrounding the islands and islets. The
majority of the Nansha Islands waters would be taken up by the
EEZs claimed by the Philippines and Vietnam. Besides, China could
not continue with its island construction. The existing facilities
might be dismantled by these two countries if they could. With the
related resources being owned by Manila and Hanoi in the future,
China would have to withdraw its business and other activities
from the area.
This not only outrageously denies China's historic rights in the
Nansha area and its legitimate maritime interests, but also
overthrows the state of de facto control in the region including
the Huangyan Island waters. This is ridiculous. The verdict has
brazenly violated China's territorial sovereignty and maritime
rights."<END QUOTE>[/indent]
State television reacted to the ruling by showing a documentary
showcasing China's military might. China's Foreign Ministry and Global Times (Beijing) and China's Foreign Ministry
KEYS: Generational Dynamics, China, Philippines, South China Sea,
Permanent Court of Arbitration, Spratly Islands, Nine-dash line
Permanent web link to this article
Receive daily World View columns by e-mail
Contribute to Generational Dynamics via PayPal
John J. Xenakis
100 Memorial Drive Apt 8-13A
Cambridge, MA 02142
Phone: 617-864-0010
E-mail: john@GenerationalDynamics.com
Web site: http://www.GenerationalDynamics.com
Forum: http://www.gdxforum.com/forum
Subscribe to World View: http://generationaldynamics.com/subscribe
