Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

Why is it argued that the arbitral tribunal contravened the law? This is chiefly manifested in six aspects: First, the arbitral tribunal disregarded the fact that general international law can serve as the legal basis for maritime claims. Second, the arbitral tribunal disregarded the relationship between the Convention and general international law as outlined in the Convention itself. Third, the arbitral tribunal disregarded the well-established rules pertaining to historic rights in general international law. Fourth, the arbitral tribunal disregarded the long-established régime of continental States' outlying archipelagos in general international law.

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History of this topic

Philippine domestic maritime 'acts' egregious
1 month, 1 week ago

Philippine domestic maritime 'acts' egregious

China Daily  

This photo taken on May 16, 2024 shows a view at dusk in the South China Sea. These acts severely violate China's territorial sovereignty and maritime rights and interests in the South China Sea, as well as international law including the United Nations Convention on the Law of the Sea. The two acts are egregious because they seriously infringe upon …

Philippine president signs new laws to assert South China Sea rights, China lodges 'stern protest'
1 month, 2 weeks ago

Philippine president signs new laws to assert South China Sea rights, China lodges 'stern protest'

Firstpost  

Philippine President Ferdinand Marcos Jr. on Friday signed two new laws that reaffirm the country’s maritime territories and its right to access resources, including in the South China Sea. The move angered Beijing, prompting China’s foreign ministry to summon the Philippine ambassador to China and issue a “stern protest” Philippine President Ferdinand Marcos Jr. on Friday signed two new laws …

In A First, Quad Upholds 2016 South China Sea Arbitral Award Against China
3 months ago

In A First, Quad Upholds 2016 South China Sea Arbitral Award Against China

ABP News  

Quad Summit: In a clear and sharp attack on China but without naming it, the Quad on Saturday expressed serious concern over the situation in the East and South China Seas even as the US, India, Australia and Japan, for the first time, upheld the 2016 Arbitral Award on the South China Sea as a “significant milestone and the basis …

Manila hyping up arbitration again to no avail
5 months, 1 week ago

Manila hyping up arbitration again to no avail

China Daily  

Editor's note: On Friday, Manila marked the eighth anniversary of the so-called South China Sea arbitration, with supportive statements from the United States and other countries. Below is an excerpt of a statement on that issued by the Chinese embassy in the Philippines: The South China Sea arbitration case is essentially a political farce cloaked in legal garb. Despite this, …

Report: Critique of the South China Sea Arbitration Award
5 months, 1 week ago

Report: Critique of the South China Sea Arbitration Award

China Daily  

CONTENTS Abstract 1 Foreword 2 Part I: There is a territorial and maritime delimitation dispute between China and the Philippines in the South China Sea. The essence of the subject-matter of the arbitration is the territorial sovereignty over several islands, reefs and other features in the South China Sea, and constitute an integral part of the maritime delimitation over which …

Report: Critique of the South China Sea Arbitration Award
5 months, 1 week ago

Report: Critique of the South China Sea Arbitration Award

China Daily  

The composition and representativeness of the South China Sea Arbitration Tribunal The constitution of an international court or tribunal should represent, to the greatest extent feasible, the main forms of civilization, the principal legal systems, or the geographical regions in the world where judges or arbitrators come from. However, in the South China Sea arbitration case, the Philippines abused the …

Report: Critique of the South China Sea Arbitration Award
5 months, 1 week ago

Report: Critique of the South China Sea Arbitration Award

China Daily  

Part II： The Philippines unilaterally initiated the South China Sea arbitration case, and the Arbitral Tribunal exceeded its jurisdiction. The disputes between China and the Philippines in the South China Sea shall be resolved preferably through negotiation as chosen by the two parties by mutual agreement Pursuant to Article 281 of UNCLOS, if the States Parties which are parties to …

Report: Critique of the South China Sea Arbitration Award
5 months, 1 week ago

Report: Critique of the South China Sea Arbitration Award

China Daily  

Part III: The South China Sea Arbitration Award has serious flaws on such issues as historic rights, outlying archipelagos of continental states, island regime. The tribunal also interprets China's historical claims in the South China Sea as "historic rights to the living and non-living resources in the waters of the South China Sea within the 'nine-dash line'" which was invalidated …

Report: Critique of the South China Sea Arbitration Award
5 months, 1 week ago

Report: Critique of the South China Sea Arbitration Award

China Daily  

CONTENTS Abstract 1 Foreword 2 Part I: There is a territorial and maritime delimitation dispute between China and the Philippines in the South China Sea. The essence of the subject-matter of the arbitration is the territorial sovereignty over several islands, reefs and other features in the South China Sea, and constitute an integral part of the maritime delimitation over which …

Report notes lasting hazards of South China Sea award
5 months, 1 week ago

Report notes lasting hazards of South China Sea award

China Daily  

By ZHANG YUNBI | chinadaily.com.cn | Updated: 2024-07-11 21:04 Chinese think tanks released a detailed report on Thursday pointing to the lasting hazards made by a decision of the so-called South China Sea Arbitration Tribunal in The Hague in 2016. The decision, instead of providing a solution to the disputes of the South China Sea, "has made the already complicated …

Intl dispute settlements can't help solidify illegal Filipino gains
6 months, 1 week ago

Intl dispute settlements can't help solidify illegal Filipino gains

China Daily  

Since President Marcos Jr. came to power, the Philippines has taken provocative actions and created incidents in Huangyan Island, Ren'ai Reef, Tianxian Reef and Xianbin Reef. Despite the changing regional and international landscapes, the central issue of the South China Sea issue remains unchanged—territorial disputes over islands and reefs as well as disputes over maritime delimitation. What is the international …

Intl dispute settlements can't help solidify illegal Filipino gains
6 months, 1 week ago

Intl dispute settlements can't help solidify illegal Filipino gains

China Daily  

Since President Marcos Jr. came to power, the Philippines has taken provocative actions and created incidents in Huangyan Island, Ren'ai Reef, Tianxian Reef and Xianbin Reef. Despite the changing regional and international landscapes, the central issue of the South China Sea issue remains unchanged—territorial disputes over islands and reefs as well as disputes over maritime delimitation. What is the international …

Manila should settle disputes through talks
6 months, 2 weeks ago

Manila should settle disputes through talks

China Daily  

This bird eye view shows the coral reefs in China's Xisha Islands, South China Sea. Philippine President Ferdinand Marcos Jr. delivered a speech at the 2024 Shangri-La Dialogue in Singapore on May 31, claiming that some international legal procedures are the expression of "good faith", reiterating the validity of the 2016 South China Sea arbitration awards, and saying that Manila …

Manila should settle disputes through talks
6 months, 2 weeks ago

Manila should settle disputes through talks

China Daily  

This bird eye view shows the coral reefs in China's Xisha Islands, South China Sea. Philippine President Ferdinand Marcos Jr. delivered a speech at the 2024 Shangri-La Dialogue in Singapore on May 31, claiming that some international legal procedures are the expression of "good faith", reiterating the validity of the 2016 South China Sea arbitration awards, and saying that Manila …

Manila violating international law with US support
6 months, 3 weeks ago

Manila violating international law with US support

China Daily  

An aerial drone photo taken on May 13, 2024 shows the vessel "China Coast Guard 3502" carrying out replenishment for other vessels in the South China Sea. But the fact is that it is the Philippines that has been challenging China's territorial integrity and violating its maritime rights by illegally claiming sovereignty over some islands and reefs in the South …

Manila violating international law with US support
6 months, 3 weeks ago

Manila violating international law with US support

China Daily  

An aerial drone photo taken on May 13, 2024 shows the vessel "China Coast Guard 3502" carrying out replenishment for other vessels in the South China Sea. But the fact is that it is the Philippines that has been challenging China's territorial integrity and violating its maritime rights by illegally claiming sovereignty over some islands and reefs in the South …

Philippines' provocations will backfire
7 months, 1 week ago

Philippines' provocations will backfire

China Daily  

Recently, the Philippines once again committed infringements and provocations in the waters near Huangyan Island. Following the illegal ruling of the South China Sea arbitration, the Philippines has been trying to legitimize it illegal claim and provocations in the South China Sea in various ways. This is not the first time that Atin Ito has conducted so-called peaceful activities in …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

Why is it erroneous for the arbitral tribunal to deny that China can claim rights over the Nansha Qundao as an entirety? The arbitral tribunal's stance, which denies Nansha Qundao's qualification to claim territorial sovereignty and maritime rights, is fundamentally flawed for the following three reasons: Firstly, from a legislative history perspective, the régime of continental States' outlying archipelagos was …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

This bird eye view shows the coral reefs in China's Xisha Islands, South China Sea. Keynote Speech at the Symposium on "South China Sea Arbitration Awards and International Law" The South China Sea Arbitration unilaterally initiated by the Philippines in 2013 marked the first international legal case filed against China since the founding of the People's Republic of China. The …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

Why is it argued that the arbitral tribunal abused its power? The arbitral tribunal's failure to uphold the principle of good faith in interpreting and applying international law is primarily evidenced in the following aspects: Firstly, there was a malicious characterization of disputes. The arbitral tribunal viewed the Convention as the exclusive basis for maritime claims, deliberately disregarding the significance …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

Why is it absurd for the tribunal to rule that China's activities in the South China Sea are illegal? Consequently, its conclusion that China's related activities in the South China Sea violated the Convention's provisions or were illegal was based on entirely subjective speculation. For example, the tribunal found that China's activities to affirm and safeguard its sovereignty and rights, …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

This bird eye view shows the coral reefs in China's Xisha Islands, South China Sea. Keynote Speech at the Symposium on "South China Sea Arbitration Awards and International Law" The South China Sea Arbitration unilaterally initiated by the Philippines in 2013 marked the first international legal case filed against China since the founding of the People's Republic of China. The …

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'
7 months, 3 weeks ago

Analyzing the illegality and invalidity of the South China Sea Arbitration Awards via six 'whys'

China Daily  

V. Why is it wrong for the awards to deny China's claim of historic rights in the South China Sea? In terms of characterization, the tribunal erred in limiting China's historic rights in the South China Sea to rights over natural resources, thereby disregarding its sovereign historic rights. Furthermore, the tribunal erroneously characterized China's navigation, fishing, resource exploitation and other …

China’s activities ‘major challenge’ in South China Sea: Philippines Foreign Affairs Secretary
1 year, 5 months ago

China’s activities ‘major challenge’ in South China Sea: Philippines Foreign Affairs Secretary

The Hindu  

China’s activities in the South China Sea constitute a “major challenge” for the Philippines but the relation between the Philippines and China is not defined exclusively by the difficulties posed by China’s ambition in the South China Sea, said Secretary of Foreign Affairs of the Philippines Enrique A. Manalo. Speaking at the Indian Council of World Affairs where he delivered …

Beijing’s South China Sea claims ‘gravely undermine’ rule of law
2 years, 11 months ago

Beijing’s South China Sea claims ‘gravely undermine’ rule of law

Al Jazeera  

US State Department questions Beijing’s claims of sovereignty over more than 100 features in disputed sea. China’s activities in the South China Sea, including its “historic claims” on almost all parts of the vital trade route “gravely undermine the rule of law” in the oceans and universally-recognised provisions in international law, the US has concluded in a new report. “For …

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