President of the Philippines, Rodrigo Duterte, is making
his first official visit to Malaysia. Talks between the two countries
focused on ways to combat threats from militant groups. Extremists from
the southern Philippines, especially Abu Sayyaf, have been responsible
for numerous incidents of piracy and kidnappings in waters between the
two countries.
Duterte gives Malaysia licence to enter waters to pursue pirates
The days of pirates escaping Malaysian authorities by fleeing across the border into Tawi-Tawi waters are over.
Philippine President Rodrigo Duterte, in his inaugural visit to Malaysia, has given Malaysia the licence to enter his country’s waters in pursuit of not only kidnappers, but also militants who have been terrorising Sabah’s east coast.
https://youtu.be/dKaUuOzfoLA
Calling this a new development in Putrajaya-Manila ties, Prime Minister Datuk Seri Najib Tun Razak said the two leaders agreed on the need to stamp out the security risk which also affects Indonesia.
There were several kidnap-for-ransom cases this year alone, which saw 10 Malaysians whisked away by militant groups based in southern Philippines. Five are still being held captive.
“I appreciate Duterte’s understanding because this is a practical way for us to help each other. It’s a new development which has been agreed by (Indonesian President) Jokowi with Duterte, and now with me.
“We need to stamp out this crime as this is affecting the welfare and security of not only Sabahans but tourists who visit the state,” Najib said after a bilateral meeting with Duterte yesterday.
The Philippine President was here for a two-day visit, his first after assuming the presidency in June.
Defence ministers from Malaysia, the Philippines and Indonesia will be meeting in Vientiane on Nov 22 to discuss the standard operating procedure and the various legal aspect of this new development.
While authorities from Malaysia and Indonesia are allowed to enter its maritime borders, they have to inform the Philippine navy of their presence in the area.
“If you are in hot pursuit of the bad guys and we reach maritime boundaries, the bad guys will get away if you stop. So, President Duterte said we should continue the chase and he has given us the licence to do so. We are to inform the Philippine navy and they will assist us if they are nearby,” said Najib.
The Prime Minister said new orders would be issued to the security forces based along the Sabah east coast and that this latest development was a clear sign of the two countries’ commitment to eliminate kidnapping incidents.
“This new development will also help move relations between both countries forward.
“While we have been enjoying warm and cordial relations, we have yet to reach our full potential due to security and legal issues,” he added.
On Philippines’ claims over Sabah, Najib said that this was not an issue to be addressed immediately.
Philippines has a long standing claim to Sabah, which was once under the rule of the Sulu Sultanate.
The claim has caused snags in several matters such as the setting up of a BIMP-EAGA (Brunei Darussalam-Indonesia-Malaysia-Philippines East Asean Growth Area) regional office and a consular office in Kota Kinabalu.
Duterte expressed appreciation on Malaysia’s role in the peace process in southern Philippines, said Najib, adding that the Government has agreed to continue placing an international monitoring team there.
“With negotiations completed, there is no need for a facilitator to be placed there, but Duterte has asked for the monitoring team to remain,” he said.
Malaysia has been playing the role of facilitator in the Bangsamoro peace process negotiations and is leading the international monitoring team in the southern Philippines.
On the issue of illegal immigrants in Sabah, Najib said both countries agreed to send home in stages the 7,000 Philippine nationals currently in the state.
By MAZWIN NIK ANIS JOSEPH KAOS JR The Star Asia News Network
Apr 29, 2016 ...Job for new Philippine head: Stop the kidnapping of foreign citizens ... Even as
the foreign governments were working to get their citizens ...
Oct 23, 2016 ... All Western media have noted that the US maneuver was conducted during
Philippine President Duterte's state visit to China in which bilateral ...
The People’s Daily, the official newspaper of the Communist Party of China, has criticized the United States as the "source of turmoil in the world."
北京9月18日电 中国共产党官方报纸《人民日报》批评美国为“世界动荡之源”。
The newspaper on Sunday published three articles by Chinese scholars to analyze the causes of expansive and hegemonic moves by the United States from systemic, ideological and strategic perspectives.
An editor’s note on the page said that U.S. interventions are behind unrest and disputes in many places, including the Middle East, Eastern Europe and the South China Sea.
报纸上一位编者的卷首语写道，多地的动荡和纷争背后都有美国的插手，包括中东、东欧和南海。
"The United States is keen to make messes in the world, cast shadows on order and stability in multiple regions and jeopardize peace and development in relevant countries," the note said.
An article by Yang Guangbin, a professor of politics at Renmin University, pointed out that the "military-industrial complex," which former U.S. President Dwight D. Eisenhower warned against, is "kidnapping U.S. domestic and diplomatic policy."
The "military-industrial complex" naturally demands war and military expansion, resulting in the Iraq war, "Arab Spring" uprisings and growing tensions with Russia and China, Yang said.
Yang also criticized the United States for selling its ideology, which has brainwashed the elite in some non-Western countries.
杨光斌还批评了美国推广其意识形态，这洗脑了一些非西方国家的精英分子。
"Countries that have followed American-style ’liberty and democracy’ are not turning into American-style states. Instead, their lives remain the same, or even become worse," the article said.
Another article by Li Wen, a researcher at the Chinese Academy of Social Sciences, noted that the United States’ eagerness to make trouble around the world is due to its "hegemonic anxiety."
另外一篇由中国社科院的一位研究人员撰写的文章写道，由于“霸权焦虑症”，美国急切地想要煽风点火。
It is "to a large degree, a reflection of a twisted mentality of an empire moving downhill," according to the article.
文章写道，这“很大程度上是一个衰落中的帝国特有的心理扭曲在行为上的反映。”
The scholar also denounced the United States’ measures to contain China by causing trouble in East Asia.
这位学者还谴责了美国通过在东亚制造事端包围中国的措施。
A third article by Lin Hongyu, a professor at Huaqiao University, said U.S. maneuvers in the Asia-Pacific region are just part of its overseas expansion and interventionist diplomacy to maintain its leading international role.
The article called on Chinese authorities to manage disputes between China and the United States in a constructive way and to build a new type of major-country relationship together.
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... If yes, why is the Malaysia-China and Philippines-China relations poles apart?
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Jul 22, 2016 ... More than 2,000 people from Seongju county, where one THAAD battery will be
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Duterte: Who is Obama to ask me about human rights?
Philippine President Rodrigo Duterte called Barack Obama a "son of a w****"/"son of a bitch" on Monday as he vowed not to be lectured by the US leader on human rights when they meet in Laos.
The acid-tongued Duterte bristled at warnings he would face questioning by the US president over a crime war in the Philippines that has claimed more than 2,400 lives in just over two months.
"You must be respectful. Do not just throw away questions and statements. Son of a whore, I will curse you in that forum," Duterte told a news conference shortly before flying to Laos to attend the summit.
"We will be wallowing in the mud like pigs if you do that to me."
Duterte was due to hold a bilateral meeting with Obama on Tuesday afternoon on the sidelines of a summit of global leaders hosted by the Association of Southeast Asian Nations (ASEAN) in Vientiane, the Lao capital.
In response to Duterte's tirade, Obama said he had asked his staff to assess whether it would be productive for him to meet with Duterte.
Duterte was elected in May after a promise to wage an unprecedented war on illegal drugs that would see tens of thousands of suspects killed.
Official figures released Sunday show that, since Duterte took office on June 30, over 2,400 people have been killed in police anti-drug operations and by suspected vigilantes.
Duterte has angrily rejected criticism from the Catholic Church, human rights groups, legislators and the United Nations.
Duterte vowed Monday the bloodbath would continue as he pursued his goal of eradicating illegal drugs in the Philippines.
"More people will be killed, plenty will be killed until the last pusher is out of the streets. Until the (last) drug manufacturer is killed, we will continue and I will continue," he said.
Duterte insisted he would not take orders from the United States, a former colonial ruler of the Philippines, and did not care about how he was perceived.
"I don't give a shit about anybody observing my behaviour," he said.
Duterte also used vulgar language to accuse his domestic critics of wanting to please the United States.
"There are others who have the mental capacity of dogs who lap at the a** of the Americans," he said in reference to his critics.
Duterte is notorious for using offensive language.
During the election campaign Duterte described the US ambassador to Manila as a "son of a w****" and being homosexual.
This was in response to the ambassador's criticism of Duterte for making a joke about wanting to rape a "beautiful" Australian missionary who was killed in a Filipino jail.
IN QUOTES | Rodrigo Duterte, Philippines' president
IN QUOTES | Rodrigo Duterte, Philippines' president
“A leader must be a terror to the few who are evil in order to protect the lives and well-being of the many who are good.”
“If I become president, I advise you people to put up several funeral parlour businesses. They will be packed. I’ll supply the dead bodies.”
“Pardon given to Rodrigo Duterte for the crime of multiple murder, signed Rodrigo Duterte.”
“You son of a whore Pope Francis. Why don’t you just go home?”
"Many are asking what my credentials are and what I can do for the Philippines. They are telling me that they heard I am a womaniser. That is true. That is very true.”
"I was angry because she was raped, that’s one thing. But she was so beautiful, the mayor should have been first, what a waste." - The Telegraph UK
Insult reveals cracks in US-Philippine ties
https://youtu.be/zDBYczvXAlM
"Son of a bitch." This is how Philippine President Rodrigo Duterte referred to US President Barack Obama on Monday. This has set a dilemma for Washington. When Obama was asked to respond to the remarks, he said the Philippine president was a "colorful" person, showing a generous response. However, the White House still expressed its anger through diplomatic means by canceling Obama's meeting with Duterte that had been scheduled during the ASEAN summit in Laos.
Although Duterte's spokesperson said he regretted his sharp words, they have spread all over the world. He meant it when he said the Philippines has long ceased to be a colony and that "I do not have any master except the Filipino people, nobody but nobody." The hostility between the US and the Philippines can hardly be settled easily.
During his election campaign, Duterte was dubbed the Philippines' Donald Trump. Still, his big mouth as president has shocked the world, especially the West. The Western media listed the figures he has referred to as "sons of bitches," which included Pope Francis and the US ambassador to the Philippines. Duterte cursed these people when they pointed their fingers at the domestic politics of Manila. After he assumed power, he dealt a heavy blow to drug dealers, while the West accused him of violating human rights.
But Duterte's actions have been welcomed in his country. Although his dirty words have tarnished his international image to some extent, he apparently attaches more importance to domestic support. He is clear which side matters more to him. The latest friction between Washington and Manila seems accidental, but conflicts between Western values and developing countries are common. Duterte, on behalf of developing countries, only showed that he had had enough.
Many people believe it is time for Manila to seek support from the US as the maritime disputes between Manila and Beijing highlighted the importance of the US-Philippines alliance to the latter. But why did Duterte slap Obama in the face? The reason is that the Philippines does not feel insecure even faced with China's "threat." Beijing and Manila do have territorial disputes. But despite US support and a favorable arbitration award to the Philippines, the Philippines gained no real benefits. The alliance with the US is not the only consideration for Manila. The Philippines has shifted the focus back to internal governance. The US needs the Philippines more as it sees this Southeast Asian country as a pawn to counter China.
Chinese netizens applauded Duterte's words about Obama. But the US-Philippine alliance will remain solid. China should not hold too many illusions. From a long-term perspective, it will not necessarily be easy to deal with the Philippines under his rule.
The human rights issue has brought enmity between the US and its two allies of Turkey and the Philippines. We can judge the role of human rights in US diplomacy. The dispute between China and the US over the issue is worth our observation. - Global Times
Aug 23, 2016 ... It won't be possible for Duterte to turn the domestic Philippine political ... China
will not be too naïve to believe that a new president will bring a .
May 11, 2016 ... China will not be too naïve to believe that a new president will bring a promising
solution to the South China Sea disputes between Beijing and ...
Apr 29, 2016 ... Filipinos are about to elect a new president. Lets hope one of the priorities of the
new leader is to tackle, with a lot of care, the safe release of ...
Mar 3, 2016 ... Towing away the grounded Philippine ship is a once-and-for-all measure to ...
The Philippines will have a new president this year, and Benigno ...
Philippine President Rodrigo Duterte surprised the Western world recently by threatening to "separate from the UN," and saying he would invite China and African countries to form a new international body.
Duterte's threat came in response to the UN's criticism of his anti-drug war that has seen more than 700 suspected drug traffickers shot dead on the spot by the military and police.
Philippine society is severely afflicted by drugs. Statistics show there are over 3.7 million drug addicts in the country, and drug dealers have formed a secure business network in collaboration with corrupt authorities. Duterte has publicly allowed military police officers to fire at will if necessary, and he has even encouraged vigilantes to kill defiant drug traffickers.
Duterte's new policy has won him great popularity and more than 600,000 drug traffickers and addicts turned themselves in half a month. However, the harshness of the anti-drug war has annoyed many Western media and human rights groups, which keep blaming Duterte for violating the rule of law and human rights.
Duterte's lash-out against the UN also featured criticism of the US. "Why are you Americans killing the black people there, shooting them down when they are already on the ground?" he asked. He also blamed the UN for not doing enough to deal with the human rights crises that are happening in Iraq and Syria and allowing big powers to bomb villagers and children.
Duterte's outspokenness makes him stick out among US allies. He was even dubbed the Philippines' Donald Trump before he was elected. His big mouth has raised concerns among the US and Japan particularly, which do not know whether he just talks, or he will walk the talk.
The Philippines' biggest value for the US and Japan is its territorial disputes with China in the South China Sea. Washington and Tokyo hope Duterte could remain aggressive like his predecessor Benigno Aquino III and continue serving as a bridgehead for their geopolitical game against China, but Duterte does not find this role tempting. He knows that the US and Japan will benefit in the South China Sea tensions, not the Philippines.
Duterte does not want his energy to be heavily consumed by the long-standing territorial disputes, but wants to put more effort into domestic governance. His first action is to eliminate the most disturbing problem of drugs. However, even though his radical move has gained popularity among the Filipinos, it is against the Western-branded universal value of human rights.
If the anti-drug war continues to expand in the future, pressures from the US and the rest of the Western world will rise dramatically, and the Philippine-US relationship will also be victimized and become bumpy.
The Philippines and the US are close allies with many rifts. Manila needs Washington, but holds aversion to any aggressive intervention in the Philippines' home affairs. This, instead of the South China Sea disputes, is the crux that lies within Philippine society. - Global Times
May 11, 2016 ... It won't be possible for Duterte to turn the domestic Philippine political ... China
will not be too naïve to believe that a new president will bring a ...
.
Apr 29, 2016 ... Job for new Philippine head: Stop the kidnapping of foreign citizens ... Filipinos
are about to elect a new president. Lets hope one of the ...
Mar 3, 2016 ... Towing away the grounded Philippine ship is a once-and-for-all measure to ...
The Philippines will have a new president this year, and Benigno ...
.
May 7, 2016 ... The Philippine presidential election on May 9, arguably the most contentious in
decades, will see a new leader assume power because ...
Foreign ministers of ASEAN member states and China at the ASEAN-China Ministerial Meeting in Vientiane, Laos. — VNA/VNS
https://youtu.be/i_J3TQKTXcc
The 49th ASEAN Foreign Ministers' Meeting on Monday issued a joint communiqué, which didn't breathe a word about the South China Sea arbitration, or harbor any overt criticism against China. Although the South China Sea issue was mentioned many times in the communiqué, it only gave a general overview of principles that must be stuck to. Most foreign media view the communiqué as a triumph for China's diplomacy.
On the same day, a joint statement on how to effectively implement the Declaration on the Conduct of Parties in the South China Sea was issued.
The two statements reflect the consistent stand of ASEAN. Attempts at pressuring China through the ASEAN Foreign Ministers' Meeting have failed.
As the first foreign ministers' meeting after the so-called South China Sea arbitration award was issued, the US and Japan hoped to use the meeting in Laos to solicit ASEAN's collective support for the arbitration and impose unprecedented diplomatic pressure on China. But such expectations do not correspond with the realities in East Asia.
Hype was running high among American and Japanese media that only Cambodia was standing in the way of a joint statement that incorporates the South China Sea arbitration, and Laos as the host country didn't voice any firm opposition.
From another perspective, only the Philippines wanted a joint statement with reference to the arbitration, and Vietnam was not so persistent in its demands. Most ASEAN countries have maintained a neutral attitude. They neither want to see a division within the bloc, nor to be dragged into a conflict with China over arbitration.
Manila compromised this time, giving consent to a communiqué without mention of the arbitration. It showed flexibility compared with 2012, when the 45th ASEAN Foreign Ministers' Meeting ended with no joint statement because the Philippines' propositions over the South China Sea issue were firmly opposed.
It's in the common interests of China and ASEAN to maintain peace and stability in the South China Sea. But the US and Japan are willing to see conflicts between China and the Philippines and Vietnam escalate. If the arbitration leads to overall confrontation between ASEAN and China, it will fullfil the desires of the US and Japan.
ASEAN won't be so silly as to head toward a confrontation with China. We have carried out construction activities on islands and reefs in the South China Sea, but with our utmost efforts to avoid confrontation.
The possibility of a military solution to the South China Sea dispute has become smaller and smaller. The arbitration has brought about new risks. Instead of a clash between China and the Philippines, or China and Vietnam, there are more worries about conflicts being sparked between China and the US.
Under such conditions, it could never be ASEAN's desire to amplify the negative influences of the arbitration case. Two weeks after the arbitration result was announced, no other countries outside the region but the US, Japan and Australia have voiced support for it. The farce is coming to an end.- Global Times.
Political manipulation behind arbitral tribunal will be revealed
Chinese Foreign Minister Wang Yi said on Tuesday that the political manipulation behind the arbitral tribunal will be revealed, in response to the comments made by some foreign ministers on the South China Sea arbitration case.
Wang expounded on China's position when attending the 6th East Asia Summit Foreign Ministers' Meeting held in the Lao capital Vientiane.
Wang said China has not participated in the arbitration case and will not accept the so-called ruling, a position that China has made clear since day one and is supported by strong legal basis.
By adopting this position, China is safeguarding the sanctity and impartiality of the United Nations Convention on the Law of the Sea (UNCLOS), said the Chinese foreign minister.
First, the arbitration unilaterally initiated by the former Philippine government violated the principle of having the consent of concerned parties as the basis of arbitration and failed to meet the prerequisite of conducting full exchange of views beforehand, thus lacking the legal conditions to be initiated.
What the former Philippine government had done also abandoned bilateral agreements between China and the Philippines and violated Article 4 of the Declaration on Conducts of the Parties in the South China Sea (DOC) as well as the principle of estoppel prescribed in international law, according to Wang.
Second, he said, the subject matters of the arbitration, however packaged, in fact directly concern territorial sovereignty and maritime delimitation which are beyond the scope of the UNCLOS and the jurisdiction of the ad hoc tribunal. It is a typical act of overstepping the power and ultra vires as well as the abuse of dispute arbitration mechanism.
Wang said by citing a prominent legal expert from Europe that the arbitration case undoubtedly touches upon territorial sovereignty which is not governed by the UNCLOS. The tribunal's practice of separating territorial sovereignty dispute with the status of islands and reefs is unseen in international law, which is like "putting the cart before the horse."
Third, the ruling of the ad hoc tribunal is full of obvious mistakes, Wang said. It blatantly uses its self-invented rules to negate and deprive the lawful and legitimate territorial sovereignty, maritime rights and interests of parties concerned. In particular, it says that Taiping Dao, the largest island in the Nansha Islands with an area of 500,000 square meters, is a rock and has no relevant maritime rights.
If such a judgment can legally stand, the sea map of the world will need to be redrawn, Wang said.
Wang stressed that this ruling runs counter to the spirit of international rule of law as well as the principle and spirit of the UNCLOS.
"This arbitration is imbued with question marks and fallacies in terms of procedure, legal application, fact finding and evidence gathering," he said.
The so-called ruling is illegal in three aspects: the initiation of the arbitration is illegal, the set-up of the tribunal is illegal, and the result of the arbitration is illegal. Therefore, China's stance is fully legitimate which serves the purpose of upholding international equity and justice and regional peace and stability, Wang said.
The Chinese foreign minister said more and more countries have come to see the nature and danger of the arbitration case, and understand and acknowledge China's stance to resolve disputes through direct negotiation and consultation, calling for respect to the rights of sovereign states to independently choose dispute settlement means including respecting the declaration on optional exceptions made under Article 298 of the UNCLOS.
There are also more and more legal experts around the world questioning the legality of the arbitration case and the fairness of the ruling, Wang said, noting that the illegal nature of the so-called South China Sea arbitration case and the political manipulation hidden behind the ad hoc arbitral tribunal will be further revealed. - Global Times
The communiqué issued after the ASEAN foreign ministers' meeting in
Laos, shows the two sides want to work together for regional stability
and prosperity.
Jul 16, 2016 ... The Asean Foreign Minsters Meeting and the Post Ministerial Conference ... Laos
should be given full support in preparing for the meetings.
ON July 12, the award on the South China Sea arbitration came out. This political anti-China farce in the disguise of law, manipulated by the United States, and acted by the former Philippine Government, eventually came to an awful end.
This award caused a storm of questions and negative comments in the international community. A lot of professionals are shocked, not to speak of how ridiculous it is to define Taiping Island as a “reef”.
As Professor Tom Zwart from the Netherlands said, “In the region (East Asia), the award will be widely regarded as the fruit of a poisonous tree, and it will fail, therefore, to garner the necessary support.”
Abraham Sofaer, former legal advisor to the US State Department, also pointed out that the arbitration had brought a lot of difficulties and anxiety, which were not good for any parties.
The US attempted to smear and “isolate” China with the arbitration, but unexpectedly received little response. China’s position of non-acceptance of and non-participation in the arbitration has won more and more support.
Even the Philippine people realised that the arbitration is a total conspiracy of the US for its own agenda. This proves again the age old saying, “a just cause enjoys abundant support while an unjust cause finds little support”.
Dao, a combined concept of fairness, justice, rule, trend and direction, and derived from ancient Chinese philosophy, inhabits people’s hearts. The Dao of the present world lies in peace, development and winwin cooperation, and the Dao of solving international disputes lies in fair, lawful and peaceful solutions. On the premise of peaceful settlement, international law provides the right of every state to choose the means of dispute settlement, which should be based on consent, used in good faith and in the spirit of cooperation.
China persists unswervingly in pursuing an independent foreign policy of peace; advocates the awareness about human common destiny; and opposes the Cold War mindset and zero-sum games, and the bullying of the weak by the strong.
China will never seek hegemony or engage in expansion. With regard to territorial issues and maritime delimitation disputes, China adheres to settlement through amicable consultation and negotiation by directly concerned countries, and does not accept any means of third-party dispute settlement or any solution imposed on it.
The violation of Dao by the US lies in its “imperialist mindset” and pursuit of hegemony. After World War II, the US global strategy has always been seeking the “leadership of the world”.
In 2009, the Obama administration launched the Asia Pacific Rebalance Strategy, and took the South China Sea issue as the pivot to maintain its regional hegemony and achieve strategic containment of China.
It is obvious that during the whole process of the arbitration unilaterally initiated and pushed by the Aquino III administration, the US was deeply involved in every step. Although alleging “neutrality and non-involvement”, the US manipulated behind the scene, and tried to forge a “coalition” to hype up the issue, resulting in rise of tension in the South China Sea.
The US always regards itself as “judge of the world”, but history and reality have repeatedly shown that the US has always adopted double standards. In the eyes of the US, international law is only applicable to other countries rather than itself. It only applies the law when it is consistent with its own interest and resolutely abandons it otherwise.
For instance, while advocating “the rule of law on the sea”, it has not acceded to the United Nations Convention on the Law of the Sea (UNCLOS).
While insisting that China must accept the arbitration award, it chooses to forget the Nicaragua case in which it not only withdrew from the proceedings and refused to implement the ruling, but also revoked the declaration of accepting the compulsory jurisdiction by the International Court of Justice. While opposing militarisation in the South China Sea, it has been provocatively dispatching military aircraft and warships into the area, and even deploying aircraft carrier fleets to this region.
More and more countries have found out who is the biggest “trouble-maker” in the world. It is the US intervention that makes the world worse. Afghanistan, Iraq and Libya have all fallen into its trap and are left with mess in the region. As the new Philippine President Rodrigo Duterte frankly said, the root of the bloodshed in Iraq and other Middle Eastern countries lies in the intervention of the US.
Furthermore, just prior to the arbitration award, the UK Iraq Inquiry published its report, stating that the decision of the US and UK to start the Iraq War was based on “flawed” intelligence. Under such circumstance, who will follow such a “leader of the world”?
The violation of Dao by the former government of the Philippines lies in breaching previous commitment and causing a lot of trouble in the shelter of a superpower.
The Philippines and China had been friendly neighbours over a long history. However, in recent years, the bilateral ties were damaged by the Philippine policy of confrontation, especially the unilateral arbitration claim.
The government of Aquino III willingly acted as the pawn of the US Rebalance Strategy and took the road to confront China. It deliberately provoked the Huangyan Island (Scarborough Shoal) incident, unilaterally initiated and pushed the arbitration, and tried to hijack other Asean countries to smear China and benefit from the unlawful arbitration award. Its intention is vicious, and its action illegal.
First, although fully aware that territorial issues are not subject to UNCLOS and that maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China, the Philippines deliberately packaged the disputes as mere issues concerning the interpretation or application of UNCLOS.
Second, the arbitration infringes upon China’s right to choose the procedures and means for dispute settlement. In 2006, pursuant to Article 298 of UNCLOS, China declared to exclude from the compulsory procedures disputes concerning maritime delimitation, historic bays or titles, military and law enforcement activities. There are over 30 countries that have made similar declaration.
Third, the unilateral arbitration broke the bilateral agreements reached between China and the Philippines over the years to resolve relevant disputes in the South China Sea through negotiation.
Fourth, the arbitration violated the commitment jointly made by China and Asean countries, including the Philippines, in the Declaration on the Conduct of Parties in the South China Sea (DOC) to resolve the relevant disputes through negotiations by states directly concerned.
The Aquino III administration thought itself clever, but how can it deceive the whole world? As Cambodian Prime Minister Hun Sen said, the arbitration is “the worst political collusion in the framework of international politics”, and “would bring negative impacts to Asean and peace in the region”.
Rod P. Kapunan, Philippine columnist of The Standard newspaper, pointed out that “after six years of hypocrisy and deceit, this shameless stooge (here refers to Aquino III) has brought us right into the doorstep of possible armed conflict with China all because it has chosen to pursue the US-designed policy of inciting hostility with our neighbour”.
Regarding the South China Sea situation, he wrote that “the lives of the Filipinos would be sacrificed to enforce a decision that if examined closely is a US proxy war which the Philippines would serve as cannon fodder in securing its interest in this part of the globe”.
The escalation in the South China Sea will bring enormous risks to the regional and even global security. The Philippines should recognise its mistakes and return to bilateral negotiation with China.
The violation of Dao by the arbitral tribunal lies in political manipulation, unfairness and unlawfulness. The arbitration is completely a political farce under legal pretext. The establishment of this tribunal lacks legitimacy.
The arbitrators it chose lack fairness. The tribunal lacks jurisdiction, and it evidently expanded, exceeded and abused its power.
The so-called “award” is even ridiculous. Experts pointed out that all the fees of the tribunal, including the huge reimbursement to the arbitrators, are borne by the Philippines alone. This has raised a lot of concerns and problems. People are asking if the Philippines “hired the judges”.
The composition of the tribunal is a result of political manipulation. Japan and Yanai Shunji, then president of the International Tribunal for the Law of the Sea, acted as the broker.
The composition of the tribunal is quite weird: four of the five arbitrators are from Europe, the fifth one is a permanent resident in Europe, and all of them lack basic understanding of Asian culture and the South China Sea issue.
One fact could better show the play under the table. When the tribunal was established in April 2013, the first president appointed by Yanai was Chris Pinto, a senior Sri Lankan diplomat. Since Pinto’s wife is Philippine, he especially asked advice from both parties to the dispute and was recognised by the Philippines.
However, when Pinto later hinted that the tribunal might not have jurisdiction over the case, it raised deep concern of the US, Japan and the Philippines. The latter asked Yanai to find somebody to replace Pinto for a so-called “just cause”. In May 2013, Pinto was forced to resign.
The tribunal abused power for its own interest. Many experts of international law believe that the tribunal has no jurisdiction over territorial sovereignty and maritime delimitation. Just as Sofaer said, this arbitration is related to sovereignty disputes. It shouldn’t have been started, especially when a state party has declared in writing that it does not accept compulsory procedures over such disputes as maritime delimitation according to Article 298 of UNCLOS. The tribunal’s ruling “will broadly undermine the potential utility of international adjudication”.
The tribunal disregarded the fact that the essence of the subject matter of the arbitration is the issue of territorial sovereignty and maritime delimitation.
It erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines, erroneously construes the legal effect of the relevant commitment in the DOC, deliberately circumvents the optional exceptions declaration made by China, selectively takes relevant islands and reefs out of the macro-geographical framework of the South China Sea Islands, and subjectively and speculatively interprets and applies UNCLOS.
The conduct of the tribunal and its award seriously contravene the general practice of international arbitration, completely deviate from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China’s legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful. It has set an extremely dangerous precedent in the history of international law.
The professional ethics of the arbitrators are widely criticised. All the Western arbitrators and expert witnesses played a shameful role as though they were chameleons.
They reversed their previous position as stated in published papers and even backtracked from their long-held views to make the case for the Philippines.
Arbitrator Alfred Soons had published his opinion that the status of islands was closely associated with demarcation and sovereignty issues.
However, when the tribunal ruled on jurisdiction and admissibility, he said the tribunal had the right to decide on the Philippines’ submissions concerning legal status and maritime entitlement of certain islands including Huangyan Island (Scarborough Shoal) and Meiji Reef (Mischief Reef ), which was entirely contradictory to his previous viewpoint.
Expert witness Clive Schofield also changed his views at the proceedings. On the same subject, using the same materials, he drew totally different conclusions in and out of the tribunal.
People must be wondering: how could they discard professional ethics to serve the interests of those who pay them?
Facts speak louder than words. The unilateral arbitration initiated by the Aquino III administration violates international law.
The tribunal has no jurisdiction over this case. The award of the tribunal is null and void. China’s position is justified and lawful.
It is time to put an end to the arbitration on the South China Sea. Consultation is the right way to settle disputes between states.
China will continue to work together with the Asean countries to implement the DOC comprehensively and effectively, promote the consultation on a code of conduct in the South China Sea, manage and control relevant disputes properly and explore maritime cooperation, in order to build the South China Sea into a sea of peace, friendship and cooperation.
by Huang Huikang The Star Malaysia
The writer is a member of the International Law Commission of the United Nations and the Chinese Ambassador to Malaysia. The views expressed here are the writer’s own.
The Xinhua news agency has accused the US government, the Philippines, the arbitration panel and Japan's prime minister Shinzo Abe of collusion in the recently concluded South China Sea arbitration case.
Four of the five arbitrators of the temporary tribunal were appointed by Shunji Yanai, the former president of the International Tribunal for the Law of the Sea. The former Japanese diplomat's political stance and speeches went against the principles of the independence of the international judiciary. Shunji Yanai served the Japanese Foreign Ministry for 40 years from 1961. He has been involved in controversial issues, including Japan's 2015 security bill, and the Diaoyu Islands dispute with China. He has a close relationship with Japanese prime minister, Shinzo Abe.
The fairness of the tribunal's operations was called into question by the personal wishes of Shunji Yanai. The Xinhua news agency commented that it was not surprising that Yanai generally chose arbitrators who were biased against China.
In addition, an American legal team provided help in drafting thousands of pages of legal documents, representing the Philippines presenting arguments to the tribunal. American lawyer Bernard Oxman, who represented the Philippines, had worked with most of the arbitrators and Yanai. He attended the third United Nations Conference on the Law of the Sea as a representative for United States government. Based on the principles of independence of the international judiciary, the impartiality of a judge can be questioned if there are any links to a party involved in a case. Despite that, Oxman was still involved.
There is no doubt the close relationship between Oxman and US government, the Philippines government, arbitrators, Yanai and Abe. These links form a complex network of special political interests. The Xinhua news agency says they took advantage of legal platform and after three years they issued their pre-arranged ruling and finished their political farce.
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US President Barack Obama and Philippine President Rodrigo Duterte expected to meet on the ASEAN Summit and related Summits in Laos in early September 2016. 
Congenial approach: China believes in settling territorial issues and maritime delimitation disputes through amicable consultation and negotiation by directly concerned countries. In March 2005, national oil companies from China, the Philippines and Vietnam signed the Tripartite Agreement for Joint Marine Seismic Undertaking in the Agreement Area in the South China Sea.
