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China's Fury Over South China Sea Belies Its Legal Insecurities

By feedproxy.google.com
Published On :: Mon, 04 Jul 2016 09:11:57 +0000

4 July 2016

Sonya Sceats

Associate Fellow, International Law Programme
Despite its dramatic rejection of the South China Sea arbitration case initiated by the Philippines, China is gearing up to play a much larger role in the evolution of the international legal system.

2016-07-04-ninedashline.jpg

A vendor in Beijing stands behind a map including an insert depicting the 'nine-dash line' in the South China Sea. Photo by Getty Images.

It is tempting to read China's refusal in this case to acknowledge the jurisdiction of the arbitral tribunal in The Hague as the defiance of an arrogant superpower that views itself as above international law. No doubt many in Manila, Washington and elsewhere are purveying this view. But there is more here than meets the eye.

For decades, Beijing has complained that the global order was forged in an era when China was weak and the rules of the game are rigged against it.

But this lament is more difficult to sustain in relation to the UN Convention on the Law of the Sea, which China helped negotiate in the 1970s and early 1980s. Beijing signed the treaty as soon as it was opened for signature in 1982 and ratified it in 1996.

The Philippines initiated this arbitration against China in 2013 as part of a long-running dispute over rights in the South China Sea, including over the Spratly Islands (known as the 'Nansha Islands' in China) and surrounding maritime areas. 

Under the treaty, China is not obliged to defend the case but this is no bar to proceedings and it remains legally bound by the award. From a legal perspective, its refusal to participate is thus a risky move, all the more so since the ruling is likely to have legal ramifications for China's highly charged maritime disputes with other neighbours such as Vietnam and Malaysia.

It is well known that the legal proceedings launched by the Philippines sparked a contest of ideas in Beijing. Behind closed doors, some Chinese international lawyers argued that China should prove its commitment to the international rule of law by vigorously fighting its corner in the arbitration. The defeat of these liberal voices is usually interpreted as an inevitable effect of the nationalists' grip on power under President Xi Jinping.

In a significant concession to those on the losing side of the argument, however, China published a position paper setting out its objections to the jurisdiction of the tribunal and formally conveyed this to the tribunal which treated it as ‘effectively constituting a plea on jurisdiction’.

This novel form of ‘non-participating participation’ must be seen against the backcloth of a strategic ambition by China to develop a greater mastery of international law. At an important meeting just two months earlier, the Communist Party called for China to strengthen its ‘discourse power and influence in international legal affairs’ and use legal methods to safeguard its ‘sovereignty, security and development interests’.

Our research team at Chatham House has been tracking impressive steps by China to realize this goal, including new government decision-making machinery designed to promote compliance with international law, a hiring spree of international lawyers and new advisory committee for the Ministry of Foreign Affairs, promotion of scholarship and efforts to show norm leadership especially in ‘new domains’ of international law such as cyber law, and a training programme to share growing Chinese international law expertise with the global South.

We know from Chinese colleagues that maritime disputes are a major impetus for this drive. For years, the Chinese government has fretted about its low capabilities in the international legal field, compared with other permanent members of the UN Security Council and regional rivals such as Japan. Now, impelled by the need to protect its strategic interests in the South China Sea and elsewhere, it is doing something about it.

It may seem paradoxical in light of its bullish attacks on the Philippines and even the tribunal itself, but China's boycott of the arbitration should also be seen as a manifestation of its low confidence in its own capacities in the realm of international law. Speculation is rife that the leadership lacks faith in its ability to convince the tribunal of the legal validity of its controversial ‘nine dash line’ demarcation of China's rights in the South China Sea.  

In the arbitration and otherwise, China has avoided clarifying the precise legal basis and implications of its ‘nine dash line’ claims while sponsoring a vast industry of academic studies to support its position.

In the meantime, China is playing to its strengths, including its deep pockets, in pursuing an extrajudicial approach. An audacious programme of land reclamation and militarization of atolls and escalating patrols and exercises in disputed territories is a clear effort to alter ‘the facts on the water’. And in recent months it has choreographed statements of political support for its South China Sea claims from a motley crew of states with economic ties to China.

While China's rejection of the South China Sea arbitration is true to form for a powerful state that, like its great rival the United States, is generally ill-disposed towards binding international dispute resolution processes, it is not inconceivable that this approach will give way when China becomes more confident in its ability to play and win at ‘law fare’, as we are already seeing in the context of World Trade Organization disputes. Until then, in time-honoured fashion, Beijing is biding its time, plugging its skills gap and hoping it can shake off mounting reputational damage from its petulant spurning of these proceedings.

To comment on this article, please contact Chatham House Feedback


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South China Sea: The Result of the Arbitration

By feedproxy.google.com
Published On :: Tue, 05 Jul 2016 14:00:01 +0000

Invitation Only Research Event

18 July 2016 - 9:30am to 10:30am

Chatham House, London

Event participants

Professor Philippe Sands QC, Barrister, Matrix Chambers
Chris Whomersley, Deputy Legal Adviser, Foreign and Commonwealth Office (2002-14)
Professor Julia Xue, Academy Senior Fellow, International Law Programme, Chatham House
Chair: Elizabeth Wilmshurst, Distinguished Fellow, International Law Programme, Chatham House

The arbitration between the Philippines and China on the dispute in the South China Sea is coming to an end. The Permanent Court of Arbitration is to issue its decision on 12 July. This meeting will discuss the notable points of the tribunal’s award and the next steps. 

Attendance at this event is by invitation only.

Department/project

International Law Programme, China and the Future of the International Legal Order

Chanu Peiris

Programme Manager, International Law
+44 (0)20 7314 3686


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Will There Now Be Peace in the South China Sea?

By feedproxy.google.com
Published On :: Thu, 14 Jul 2016 12:42:07 +0000

14 July 2016

Bill Hayton

Associate Fellow, Asia-Pacific Programme
China’s sense of entitlement has collided with international law and, for the time being, lost. The way is open for a new regional understanding.

2016-07-14-Thitu.jpg

A member of the Philippines military stands on the beach at Thitu island, one of the disputed Spratly Islands. Photo by Getty Images.

The ruling by an arbitral tribunal of five members based in The Hague was simple and devastating. It declares that ‘China’s claims to historic rights… 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 [The UN] Convention [on the Law of the Sea, UNCLOS]’. This is a result that Southeast Asia’s maritime countries have long sought. The way is now clear to resolve all the disputes in the region, if the participants choose to do so.

For decades, countries around the South China Sea lived under the shadow of a quasi-territorial claim that no one really understood. What did the U-shaped, nine-dashed line marked on Chinese maps actually mean? In 2009, the Chinese government attached a copy of the map to an official submission to the UN Commission on the Limits of the Continental Shelf and the region became alarmed. For the first time, it seemed that China was serious about asserting a claim to all the land and water inside the line.

On Tuesday that claim was dismissed as entirely incompatible with international law. Moreover, the Arbitral Tribunal ruled that not one of the Spratly Islands qualifies as an ‘island’. This ruling is at least as significant: it means none of the features in the archipelago are entitled to an exclusive economic zone. Theoretically it should now be simple to resolve all the maritime disputes in the southern part of the South China Sea. The Philippines, Malaysia, Brunei, Indonesia and the Philippines can, in principle, draw lines up to 200 nautical miles out from their coasts and agree compromises where they overlap. China is now irrelevant to this process because its nearest coastline is simply too far away.

All the 50 or so features in the Spratly Islands that are naturally above water at high tide would be granted a 12-nautical-mile territorial sea. The resulting settlement would resemble a Swiss cheese: large areas of exclusive economic zone measured from national coastlines punctuated by a few dozen ‘bubbles’ of disputed territory. This would not resolve the disputes about which country is the rightful owner of those ‘bubbles’ but it would settle the maritime disputes in the sea around them.

Of course, there are still wrinkles. Not least is the Philippines claim to the Malaysian province of Sabah in northern Borneo. This means that, for the time being, those two countries can’t settle the maritime boundary between them. They could, nonetheless, agree how far it projects offshore.

The bigger problem will be China’s attitude. Its response to the tribunal’s ruling has been angry but curiously misdirected. State media have focused their ire on questions of territorial sovereignty – even though the tribunal was barred from even considering this subject. China’s territorial claims to the rocks of the Spratly Islands are entirely unaffected by Tuesday’s ruling. There must be separate processes to resolve those questions.

China has many interests in the South China Sea – including defence, trade routes, fisheries and hydrocarbons – so it’s not surprising that it pursues whatever approach it thinks practical in order to protect them. However, the whole purpose of the UN Convention on the Law of the Sea was to create an international order that defended the rights of countries to exploit the resources off their own coasts without threat from other states further away. China was a full participant in the negotiations between 1973 and 1982 that created UNCLOS and, at that time, was a strong defender of the rights of coastal countries.

While it may feel that it has lost out from this week’s ruling, China has much to gain from a strong community of regional order in the South China Sea. Most Southeast Asian countries remain alarmed by China’s intentions − which is why, in the past few years, they have been strengthening their ties with the United States and increasing military spending. China’s wider interests would benefit from a de-escalation of this tension. Reassuring its neighbours would give them less reason to rely on the US.

Putting a new maritime order in place, based upon UNCLOS and commitments between China and the Association of Southeast Asian Nations, would be a major step towards this. It would also bring many associated benefits – not least cooperation to protect the region’s fish stocks, which are facing disastrous collapse. The first step is accepting the implications of Tuesday’s ruling.

To comment on this article, please contact Chatham House Feedback


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By www.flickr.com
Published On :: Sat, 09 May 2020 19:28:49 -0700

Mary Wardell posted a photo:

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By www.theguardian.com
Published On :: 2017-06-01T16:00:11Z

Researchers at MIT have developed a new method of electrically stimulating deep brain tissues without opening the skull

Since 1997, more than 100,000 Parkinson’s Disease patients have been treated with deep brain stimulation (DBS), a surgical technique that involves the implantation of ultra-thin wire electrodes. The implanted device, sometimes referred to as a ‘brain pacemaker’, delivers electrical pulses to a structure called the subthalamic nucleus, located near the centre of the brain, and effectively alleviates many of the physical symptoms of the disease, such as tremor, muscle rigidity, and slowed movements.

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India’s research body partners with vaccine manufacturing company to develop indigenous vaccine for COVID-19 – China.org.cn

By rss-newsfeed.india-meets-classic.net
Published On :: Sun, 10 May 2020 05:35:38 +0000

  1. India's research body partners with vaccine manufacturing company to develop indigenous vaccine for COVID-19  China.org.cn
  2. India to develop ‘fully indigenous’ Covid vaccine as ICMR partners with Bharat Biotech  ThePrint
  3. ICMR teams up with Bharat Biotech to develop Covid-19 vaccine  Times of India
  4. ICMR partners with Bharat Biotech to develop an indigenous coronavirus vaccine  Times Now
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US Navy warns China to stop 'bullying' others in the South China Sea as its ships sail into a standoff

By www.businessinsider.com
Published On :: Fri, 08 May 2020 21:45:24 GMT

Source: www.businessinsider.com - Friday, May 08, 2020
The US Navy sent two ships into the middle of a South China Sea dispute on Thursday as the commander of US Pacific Fleet warned China to stop "bullying" other countries in the region. A US Navy littoral combat ship and a cargo vessel conducted "presence operations" near the West Capella, a Malaysia-contracted drillship at the heart of a standoff with China and, to some extent, Vietnam. Adm. John Aquilino, commander of US Pacific Fleet, said in a statement Thursday that China "must end its pattern of bullying Southeast Asians out of offshore oil, gas, and fisheries." Visit Business Insider's homepage for more stories . The US Navy warned China to stop "bullying" other countries in the South China Sea as two Navy ships sailed into the middle of a dispute in the contested waterway. The Independence-variant littoral combat ship USS Montgomery and the Lewis and Clark-class dry cargo ship USNS Cesar Chavez conducted "presence operations" near the West Capella, showing apparent support for the Malaysia-contracted drillship that has been hassled by Chinese ships in recent months. Adm. John Aquilino, commander of US Pacific Fleet, said in a statement Thursday that the US is "committed to a rules-based order in the South China Sea and we will continue to champion freedom of the seas and the rule of law." He continued: "The Chinese Communist Party must end its pattern of bullying Southeast Asians out of offshore oil, gas, and fisheries. Mi


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