BEIJING, July 4 (Xinhua) -- Looking into the Philippines' submission at the Arbitral Tribunal on the South China Sea, many confusing concepts aimed at denying China's historical rights have been found. But they only serve to expose the Philippines' ignorance and prejudice.
EXAMPLE ONE: INTERPRETING OUT OF CONTEXT
In its arbitration statement, the Philippines claimed that the United Nations Convention on the Law of the Sea (UNCLOS) has never mentioned historical rights.
The Philippines undoubtedly misinterpreted the content of the convention. In fact, many articles of the UNCLOS recognize the concepts of "historic bays" and "historic waters."
For example, Article 15 of the convention states: "The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith."
Some scholars believe that China's historical rights can be established from "historic bays" and "historic waters" in relevant articles of the UNCLOS.
Therefore, the UNCLOS offers strong support for China's stance, but not on the contrary.
EXAMPLE TWO: IGNORING JUDICIAL PRECEDENTS
The Philippines claimed that the historical rights mentioned by China had been clearly denied and abolished by the UNCLOS makers, attempting to imply that none of historical rights should be included in the international law.
In fact, however, no rights could come into being instantly and those rights established in history undoubtedly should be respected by the international law.
Several precedents in judicial practices also reinforced the claim for historical rights. The most typical one was the fishery case between Britain and Norway in 1949, which was related to historical rights.
The Norwegian royal family issued a decree in 1935, delimiting Norway's exclusive fishery area in accordance with Norwegian historical tradition, while Britain believed Norway's delimitation violated the international law and filed a law suit with an international court in 1949.
The court accepted the case as both Britain and Norway had agreed to accept the count's jurisdiction. In 1951, the court dismissed Britain's appeal and ruled that the Norwegian royal family's decree remained effective due to historical rights.
In addition, the continental shelf case between Tunisia and Libya, and the Gulf of Fonseca case between Salvador and Honduras, among others, dealt with historical rights.
Abundant judicial precedents have proven that "historical rights" have been a big factor in international judicial practices.
EXAMPLE THREE: ATTEMPTING TO MISLEAD THOSE CONFUSED
In its submission, the Philippines said that China's Nine-Dash line in the South China Sea lacks a link to the history, claiming that China's historical rights were a new proposal it put forward in 2009.
In fact, China was the first country to discover, denominate, develop and control the South China Sea islands. The Chinese people's navigation and trade on the South China Sea and jurisdiction over the area has a history of more than 2,000 years, which provides firm evidence for China's historical rights on the South China Sea.
French scholar Francois Gipouloux said in his book "The Asian Mediterranean" that before Southeast Asia was invaded by Western colonists, trade on the South China Sea was conducted by Chinese oceangoing ships, officials and the ships' crew were Chinese, and China's trade system was guiding the then trade rules on South China Sea.
Since the Tang Dynasty (618-907 AD), China has formed explicit jurisdiction over the South China Sea.
According to Southern Song Dynasty (1127-1279 AD) work Zhu Fan Zhi, the South China Sea was governed by Zhenzhou (of today's Hainan Province) in the Tang Dynasty and by Qiongguan in the Southern Song Dynasty. In the Ming (1368-1644 AD) and Qing (1644-1911 AD) dynasties, South China Sea islands belonged to the Prefecture of Qiongzhou, Guangdong Province.
Through China's governmental and non-governmental promotion, cultivation, defense and maintenance in several dynasties, the South China Sea has become a tunnel, a platform and a network to lead neighboring countries to realize common prosperity in trade and economy.
History cannot be denied and is not allowed to be denied. By whatever legal means or with whatever arguments, China's historical rights are right there. Whether an arbitral award is to be issued or not, history and the rights it offers are indisputable facts.
As an old Chinese saying goes, an unclear mind can never make it clear to others. The Philippines' submission has ignored not only history but also existing judicial cases, which, along with the current arbitration case itself, will become a laughingstock in history.
BERLIN, July 3 (Xinhua) -- The real nature of a dispute between China and the Philippines over the South China Sea is about territorial sovereignty, which is beyond the jurisdiction of an arbitral tribunal, a German expert has said. Stefan Talmon, director of the Institute of Public International Law at the University of Bonn, said in a paper published recently that despite the Philippines' claims about issues such as "traditional fishing rights," the "actual controversy" in the case is about territorial sovereignty.
BERLIN, July 3 (Xinhua) -- The real nature of a dispute between China and the Philippines over the South China Sea is about territorial sovereignty, which is beyond the jurisdiction of an arbitral tribunal, a German expert has said.
Stefan Talmon, director of the Institute of Public International Law at the University of Bonn, said in a paper published recently that despite the Philippines' claims about issues such as "traditional fishing rights," the "actual controversy" in the case is about territorial sovereignty.Full story
BEIJING, July 4 (Xinhua) -- At a time of heightened tension in the South China Sea, Washington and its allies have launched publicity campaigns against China, repeatedly using the "bully" tag to refer to China and its activities in the region.
The groundless accusation, however, has been refuted by experts, who pointed to the fact that China has never bullied any country in South China Sea disputes. Instead, it has exercised restraint to the greatest extent possible over this issue.Full story
UNITED NATIONS, July 1 (Xinhua) -- All countries must strengthen cooperation on border control and enforcement to effectively stop foreign terrorist fighters from moving across borders, said a Chinese envoy here on Friday.
Wu Haitao, China's deputy permanent representative to the UN, made the remarks at a UN General Assembly meeting on global counter-terrorism strategy.Full story
BEIJING, July 2 (Xinhua) -- As an honest and responsible power, China has always abided by international law and basic norms governing international relations, and will continue to do so in the South China Sea issue while safeguarding its territorial sovereignty.
As the Permanent Court of Arbitration in The Hague will announce the so-called "award" on July 12, a new smear campaign against China has emerged, this time by veteran Washington attorney Paul Reichler.Full story
Interview: China, Philippines should settle dispute between themselves: Serbian Scholar
BELGRADE, July 2 (Xinhua) -- A Serbian scholar and politician has urged the Philippines to settle the South China Sea dispute directly with China, warning failure to solve disputes bilaterally would result in permanent and even armed conflict.
Experience in the Balkans has taught us that when two sides fail to settle disputes bilaterally, the disputes would prolong and evolve into permanent conflicts -- even armed conflicts, Zarko Obradovic, an MP and vice president of the Socialist Party of Serbia, told Xinhua in a recent interview.Full story
BEIJING, July 2 (Xinhua) -- As the farce of arbitration on the South China Sea is to end soon, it is time for the new Philippine government of Rodrigo Duterte to stop the wrong foreign policy of its predecessor, so as to bring China-Philippines ties back to the track of sound development.
Since Duterte assumed presidency on Thursday, sparks of hope have arisen for resumption of sound development of relations between China and the Philippines after bilateral ties seriously deteriorated during the rule of former Philippine President Benigno Aquino III.Full story
BEIJING, July 3 (Xinhua) -- Despite Beijing's repeated call that outsider countries play a constructive role on the South China Sea issue, Tokyo seems to have stepped up its meddling moves, at the cost of regional stability and without giving any thought to its relations with China.
In the latest of Japan's series of maneuvers to seek greater influence over the issue, Koro Bessho, Japanese ambassador to the United Nations, said on the first day Japan took over the monthly rotating presidency of the UN Security Council that he would put the issue on the agenda of the 15-member council if there is a request from its members, or other UN members.Full story
PRAGUE, July 3 (Xinhua) -- Vojtech Filip, vice speaker of the Parliament of the Czech Republic and leader of the Czech Communist Party, said Philippine position is self-contradictory on the South China Sea case.
"I am convinced that in this respect the proposed arbitration is extremely premature, outside the framework of international law, and in its own way disrupts that which the Philippines have worked for in the past -- a unified approach to all countries that border the South China Sea," Filip told Xinhua in a recent interview.Full story
BEIJING, July 4 (Xinhua) -- The United States has complicated the situation in the South China Sea instead of playing a constructive role, an Australian expert on maritime security has said.
Sam Bateman, a former commodore who is now a professorial research fellow at the University of Wollongong's Australian National Center for Ocean Resources and Security, told Xinhua recently that the controversial arbitration process initiated by the Philippines in The Hague is highly likely to produce "a lose-lose outcome."Full story