Tuesday, July 12, 2016

Beijing loses to Manila. The court decided the case of islands in the South China Sea – Gazeta Wyborcza

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              Manifestation Filipi & # x144; tuna  & # XF3; in<br /> Manila enjoy & # x105;  radiant & # x119; of yesterday's judgment s  & # x105; du on Spratlej & # XF3, in
                  
 
                  
                 
                    

Manifestation Filipinos
 Manila reputed to yesterday's judgment on Spratlejów (ROMEO RANOCO / REUTERS)

                  
                  
                  


                  
             

             
         
     
   
   
   
 
 
 
 
Beijing has no historical title to the South China Sea - recognized arbitral tribunal in The Hague. The lawsuit dealt with the Philippines against China three years.

 
 
 
 
 
 
 
 
 
 
 
 
 
                          
 

                 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
         


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The dispute concerns the reefs Spratlejach where China Heap for some time, artificial islands, equipping them with military installations. The Philippines is the first neighbor who dared to enter the path of legal superpower distension in the South China Sea.

The lawsuit, which brought Manila in 2013. (Dealt with him in The Hague five international judges and lawyers), remained unnoticed. With time, however, has become a test for the entire balance of power in the region, which grows in strength of Beijing is trying to push out the Americans.

Beijing consistently boycotted the hearing; three space for his delegation in The Hague always were empty. - Arbitration is a farce - says Foreign Minister Wang Yi.

blow to the ambitions of Beijing

The sentence is China crushing. In this duel of David and Goliath arbitral tribunal agreed with Manila. - Beijing has no historical title to the South China Sea - announced the Hague. In legal language, this means that its expansion on the rich fisheries and oil and gas waters, which each year are transported goods worth 5 trillion., Is devoid of legal basis.

To substantiate his claims, Beijing pulls out old documents that prove that always controlled area. Also refers to the so-called. map nine strokes in 1947. inherited from Chinese nationalists, according to which the whole sea is a Chinese.

However, the tribunal announced that China violated the right of the Philippines to the exploitation of reef fisheries in Scarborough (to drive away from there their boats). This was due also to their advantage other points of the lawsuit. It found that none of the reefs and artificial Chinese islands in the Philippine coasts does not entitle Beijing's 200-mile exclusive maritime zone.

Manila also wanted to know whether the Chinese, scattering "shaft of the sand" using heavy equipment, They not violated the Convention prohibits the destruction of marine environment. And here the court was on her side. He thought that coral reefs have been seriously damaged.

- This is a devastating blow to Chinese ambitions - says Reuters analyst Ian Storey. - China answer him with fury, we can expect further aggressive actions at sea.

Selective normally

the basis for judgment is the law of the sea United Nations Convention UNCLOS 1982., signed by 165 countries. Among them, China, joining in 1996. Signatories, have not raised any objections, which draw their critics today. Therefore they agreed to because of the principle that artificial islands are not a coastline of the country, from which you can count its coastal waters within 12 miles, or confer a right to the maritime exclusive economic zone within 200 miles of them.

However, for several years the Chinese navy and air force przepędzają there foreign units, and in the future may establish the Spratlejami "exclusive zone air defense."

- China can not choose the rules to which they want to use when lies is in their interests - he says "New York the Times' Singapore ambassador Bilahari Kausikan.

China must save face

Beijing rejects arbitration in its entirety. Its diplomats repeated China were present at the disputed sea for 2,000 years ago, the new wysepkom right to create exclusive economic zones, and the map of six strokes is known since 1947.

At the same time Beijing is preparing a retreat. In anticipation of the judgment of the United States he visited the trusted Chinese diplomat Dai Bingguo; He said that the need to cool the temperature of the dispute. Both countries have a backstage treatments. Chinese envoy met in Washington with the adviser for. Security, Susan Rice, and Secretary of State John Kerry called Foreign Minister Wang Yi.

Beijing has also president Rodrigo Duterte, Philippine Trump, who this year won the election and is more pro-Chinese than its predecessor, Benigno Aquino (he filed a lawsuit in the Hague).

Chinese most painful loss of face. "The result of the arbitration has powerful significance for internal policy - writes," New York Times ". - As part of the narrative of the Communist Party it is that after years of humiliation at the hands of foreign powers [in terms of nineteenth-century Opium Wars] China regained its size."

so how do you save face?

Beijing recently conducted tests of new runways on the islands and announced that they were successful. A base on the island of Hainan, which is in charge of the South China Sea, came equipped with a rocket destroyer.

game on a global scale

Communist diplomacy for years followed the advice of Deng Xiaoping, China to hide their light and waiting for their time. In recent years, it was apparently that the time has come. Officially, Beijing weapons only sovereign rights against the aggression of the United States. - I was asked why we are building military installations on Spratlejach. Ask the Americans, because they make us feel threatened - said Chinese Ambassador to the UK Liu Xiaoming.

The claims to the rocky reefs weapons present leader Xi Jinping, who heats nationalism - because it is easier to govern at a time when the economy slows. It would be difficult to admit the mistake and go for a compromise that countrymen may be regarded as a sign of weakness.

- China wants to show that the US can not anything to them dictate - confirms an analyst Zhang Baohui University Lingnan in Hong Kong . - It's a game on a global scale.

"Ignoring the judgment, Beijing not only negate the benefits of the international legal order, but also will challenge America - writes Reuters. - Washington will have to make a move in order to maintain credibility in Asia, where world war II is a guarantee of security. "

Obama's United States made a return in the direction of the continent. They defend freedom of navigation and build a system of alliances, which has a stop China. Now gained new arguments.

toothless Convention

If Beijing ignores Arbitration, The Hague there's nothing handle. Sea Convention is toothless, and no mechanism to enforce decisions taken on its basis. There's no sign also that the Chinese have left the artificial island and dismantled military installations.

This does not mean that it has no meaning.

- Arbitration does not resolve the dispute, but will seriously for future negotiations on a body of water - says the American lawyer Markus Gehring. - Strengthen the position of the Philippines and also the weak neighboring countries. Beijing knows this well.

US also ignored the sentence

In 1986. US ignored the ruling of the International Court of Justice UN mining of ports in Nicaragua by the administration of President Ronald Reagan. It was part of CIA operations to help the right-wing Contra rebels fighting the government sandinowskim. The Court considered these actions as illegal. Washington defended himself, saying that has not ratified the Convention on the Law of the Sea, and is not bound by it (the United States has not ratified UNCLOS today).

The decision of The Hague, however, did not pass unnoticed - has encouraged critics of the administration in the US Congress to cut off funds for the operation against the Sandinista and made the Central American countries involved in work on the solution to the crisis in Nicaragua.

         


         


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Comments (1)
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