South China Sea arbitration abuses international law, threatens world order

World Insight 06/28/2016 South China Sea

A seminar on the South China Sea Arbitration and International Rule of Law was held on Sunday in the Hague, the location of the Permanent Court of Arbitration's arbitral tribunal. At the seminar hosted by both Chinese and Dutch academic institutions, experts from various countries warned that the unilateral filing of the South China Sea arbitration case by the Aquino administration of the Philippines and the arbitral tribunal’s overreach and abuse of power is a desecration of the spirit of the rule of law and pose a threat to current international order.

Exclusive interview: Limitation of UNCLOS Dispute Settlement System

A legal expert at the University of Oxford has published a paper on resolving disputes in the South China Sea. It relates to the arbitration unilaterally initiated by the Philippines against China.

With this move, the Philippines is just adorning itself with borrowed plumes. First of all, estoppel is a basic principle of international law. As is known to all, China and ASEAN countries, including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, in which all sides agreed to settle disputes over the South China Sea through friendly negotiation and consultation by parties directly concerned.

Experts call for reasonable and effective dialogue on China South Sea issue

A group of experts on international law have called the arbitration that was unilaterally filed by the Philippines against China over the South China Sea "questionable".

In 2011, the Philippines and China issued a joint statement, reiterating their respect and observation of the DOC. However, just two years later, the Aquino administration unilaterally submitted the South China Sea case for arbitration in spite of its previous commitments.

Secondly, the Philippines ignores basic historical facts by presumptuously claiming that the Chinese people never lived or conducted activities in the South China Sea region, thus bearing no sovereignty over the islands in the region.

Cambodia criticizes arbitration filed by Philippines

Cambodia's ruling party has spoken out against the arbitration court's upcoming decision over the South China Sea issue.

Yet no one can deny the historical fact that those islands have been part of China’s territory since ancient times. Successive Chinese governments have continued to govern the islands through multiple approaches including setting administrative divisions, military patrols and conducting salvages at sea.

Respecting historical fact is an important principle of international law. Through its lack of respect for the facts, the South China Sea case violates this principle.

Chinese Foreign Ministry condemns Japan

Chinese Foreign Ministry spokesman Hong Lei has condemned Japan's remarks over the South China Sea arbitration unilaterally launched by the Philippines. He urged for Japan to stop making such irresponsible remarks.

Moreover, the Philippines’ interpretation of the legal status of the islands and reefs in the South China Sea is not in line with the United Nations Convention on the Law of Sea (UNCLOS) and other international laws.

South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

The Southeast Asian nation claims that the Huangyan Island and the Nansha islands cannot be considered islands as such no one can establish exclusive economic zones or claim the continental shelves there. Such an argument flies in the face of objective reality.

• South China Sea FAQ ep13: China's solution for resolving the disputes

• 
  South China Sea FAQ ep13: China's solution for resolving the disputes. As tensions in the South China Sea region continue, China continues to insist on a dual-track approach to resolve disputes. This is governed by the Declaration on the Conduct of Parties in the South China Sea made in 2002 between China...

The Philippines deliberately misrepresented factual information about the islands and reefs in the South China Sea during the trial and carelessly negated the integrity of the Nansha islands as well as the island status of Taiping Island and other large islands in area. However, its claims are not only inconsistent with reality, but also incompatible with UNCLOS and other international laws.

The legal representatives of the Philippines also withheld necessary information concerning other islands in the South China Sea (not included in its arbitration request) on purpose, and refused to present them to the court. It is safe to say that the Philippines’ argument concerning the South China Sea islands and reefs lacks basic credibility.

Taking this into consideration, the arbitral tribunal has clearly violated UNCLOS, abused the UNCLOS settlement procedure and exceeded its jurisdiction by accepting the unilateral request of the Philippines and even trying to deliver a verdict on the South China Sea issue. Its self-proclaimed “jurisprudence” and “normative power” demonstrate great irony.

The core of the South China Sea issue between China and the Philippines are territorial and maritime delimitation disputes. Territorial issues do not fall within the scope of UNCLOS authority. Additionally, as early as 2006, China has excluded compulsory settlement procedures from maritime delimitation disputes in accordance with Article 298 of UNCLOS.

As a temporary institution founded on UNCLOS, the tribunal has zero jurisdiction over this case. Arbitration and other international judicial methods to resolve disputes means resorting to third-party settlement. However, this option has already been excluded by internationally binding bilateral agreements between China and the Philippines.

The tribunal chose to ignore these binding documents and breached the premises, exclusions and exceptions for compulsory settlement procedure stipulated in UNCLOS to establish jurisdiction on its own.

The tribunal’s blatant disregard for the agreement China and the Philippines made concerning settling disputes has irresponsibly broken the consensus reached between the two states and has seriously violated China’s right as a sovereign state and UNCLOS signatory to choose its own dispute settlement method.

What’s more, by repeatedly referencing UNCLOS and extending the convention’s coverage to all maritime issues, the tribunal has in fact turned a blind eye to conventional international law.

Any practitioner of international law is aware that articles in UNCLOS are a summary of the historical maritime practices and common will of all countries. UNCLOS shows nothing but respect to conventional international law. However, the tribunal today has discredited all previous practices, contradicting the basic purpose and spirit of UNCLOS.

International law has played a significant role in maintaining a relatively stable international order after World War II. In the decades after the war, hundreds of international treaties were drafted to regulate the conduct of states and people’s lives.

From the planet where we live to outer space, from security to arms control, from economic development to environmental protection, from human rights to judicial cooperation and other areas, these international laws are ubiquitous. The diplomatic actions of every county call for international law. In other words, it is a commonly recognized standard for the international community. The world would fall into chaos without it, and the law of the jungle would once again dominate.

Therefore, the abuse of international law by the Philippines and the tribunal has undermined the authority of the law, which will in turn greatly impact the stability of international order.

It is worth mentioning that the US, a country outside the region, has been eager to play a hand in the issue. Those who are familiar with the “America-style” of dealing with international affairs know that “safeguarding the integrity of international law” is a catchphrase for the country when it comes to international dealings.

However, as a country that attaches such importance to the protection of international law, why has the US supported the illegal acts of the Philippines and the tribunal? The answer is simple: The US only protects those international laws that benefit itself. In the eyes of the US, any illegal act can be considered “an act that protects international law” so long as it benefits its own strategic interests.

A scholar at the seminar pointed out that what the Philippines has done to China today could happen to other countries in the future. If the tribunal comes to a conclusion that does not conform to the facts and the law, then the same twisted logic could be misapplied to other countries with territorial disputes.

Such apprehension is not without merit. If the irresponsible actions of the Philippines, the US and the arbitral tribunal are not faced head on, they will severely affect the authority of international law. From this perspective, China's fight against the abuse of international law is not only the country safeguarding its territorial sovereignty, but also a contribution to lasting peace and stability in the world. - People daily

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Malaysia-China way to South China Sea disputes: a model of amicable consultations

Taking the cue from both China’s and Malaysia’s approach to South China Sea disputes.

 

 

Towards 'Diamond 40 Years': File pic showing Datuk Seri Najib Tun Razak(4th left) and Chinese Prime Minister, Li Keqiang (3rd, right) at the group photo session with Malaysian youths during his six-day official visit to China in conjunction with 40th anniversary of Malaysia-China bilateral relations in May 2014 - Bernama

Dialogue 06/05/2016 South China Sea & Sino-US ties - CCTV News - CCTV.com English


RECENTLY, the South China Sea disputes had been hyped up as a hotspot issue in regional security and discussed in almost every regional and international forum, resulting from the high-profile interference of and the manipulation by some powers outside the region.

In fact, this issue should be solved through negotiation and consultation by parties directly concerned.

Furthermore, freedom of navigation in the South China Sea, which has never been affected, has been misinterpreted by some country as “freedom exclusive to its own military vessels and planes” and flexing its muscles.

The illegal arbitration unilaterally initiated by the Philippines has been labelled as a “benchmark of law-ruling” by the West, suggesting that judicial settlement is the only way to solve disputes in the South China Sea.

Meanwhile, the approach of non-conflicting and friendly consultation has been overshadowed by the noise and chaos.

One day, a friend of mine asked me, is Malaysia a claimant in the South China Sea? If yes, why is the Malaysia-China and Philippines-China relations poles apart? This is indeed a good question.

There is no essential difference between the two pairs of ties.

As China’s close neighbours, Malaysia and the Philippines have enjoyed traditional friendship with China.

Both were the first countries to establish diplomatic relations with China among Asean states. However, while the Malaysia-China relationship is “at the best time of history” and on the path to a new era of “Diamond 40 Years”, the Philippines-China relationship is experiencing severe difficulties.

The reason behind such a striking contrast lies in the different ways the two claimants chose to deal with the disputes with China.

While Malaysia has consistently been committed to maintaining friendly relationship, properly handling disputes, strengthening cooperation and enhancing comprehensive strategic partnership with China, the Philippine president Benigno Aquino III, on the contrary, misjudged the international situation, acted as a pawn of an outsider’s geopolitical strategy, and chose to confront China.

China and Malaysia Set a Model of Amicable Consultations

China and Malaysia enjoy a time-honoured friendship. There are lots of historical records in China about the Malay peninsula since the Tang and Song Dynasties.

In the 15th century, the Ming Dynasty established close relations with the Sultanate of Malacca. Over 600 years ago, Admiral Zheng He stationed at Malacca five times during seven voyages.

He promoted friendship, developed trade and maintained justice in the area. From Admiral Zheng, people have learned the essence of Chinese culture where peace and good neighbourliness always come first.

They do believe that China has no gene of expansion, plunder or aggression. Instead, China can be a trustworthy friend and reliable partner of Malaysia.

Then Prime Minister Tun Razak first adjusted the policy on China 42 years ago with strategic insight among Asean leaders in the context of the Cold War.

He went to China for “an ice-breaking trip” and signed the Communiqué of the Establishment of Diplomatic Relations with Premier Zhou Enlai which opened a new chapter in bilateral relations. Since then, China and Malaysia have helped each other and overcome many difficulties hand in hand.

The relations between the two countries have taken a lead in China’s relations with Asean countries and set a model of friendship in the region.

After four decades, bilateral relations between China and Malaysia are full of vitality and stimulus with deeper mutual trust, frequent high-level visits, constant party-to-party and local exchanges and fruitful cooperation.

China has become Malaysia’s largest trading partner for seven years and Malaysia is China’s largest trading partner in Asean for eight years, and sixth largest in the world.

The bilateral trade volume has reached US$100bil (RM407.5bil). There are also many iconic cooperation projects.

The high-tech cooperation has reached the skies and seas. Malaysia has long been a popular destination for Chinese tourists.

Consulates-general in Kota Kinabalu and Penang and Nanning have been set up. The Malay Studies Centre was established in the Beijing Foreign Studies University and the Confucius Institutes were set up in Universiti Malaya and Segi University.

Xiamen University Malaysia Campus welcomed its first batch of students this year. Pandas Xing Xing and Liang Liang settled in Zoo Negara and gave birth to a baby panda named “Nuan Nuan”, reflecting our heartwarming bond.

Bilateral cooperation in finance, technology, defence and other fields is also striding forward. The seed sowed by the leaders has grown into a flourishing tree, blossomed and yielded fruits.

It is normal for neighbours to have differences and problems. Malaysia is one of the claimants in the South China Sea.

However, this has never hindered the development of our relations. The key is that the leaders of both countries weigh the situation in the perspective of history and experiences, recognise the trend of the world and always place cooperation and mutual development as a priority.

The leaders have frequently exchanged views on the issue of the South China Sea and reached a series of important consensus.

Both sides agree to deal with disputes through friendly consultations and dialogues, avoiding the issue of sabotaging the bilateral relations.

Furthermore, both China and Malaysia object to intervention by forces outside the region. When the Philippines was unilaterally pursuing the South China Sea arbitration case in May 2014, Prime Minister Datuk Seri Najib revisited China to celebrate the 40th anniversary of the establishment of diplomatic relations.

During the visit, the Joint Communiqué signed by the leaders reaffirmed a series of important consensus.

Both sides emphasised that “all sovereign states directly concerned shall exercise self-restraint and settle their differences by peaceful means, through friendly consultations and negotiations, and in accordance with universally recognised principles of international law, including the United Nations Convention on the Law of the Sea 1982.”

Both sides recognised that “intervention or involvement of parties not directly concerned could be counter-productive and further complicate the aforementioned differences.”

It is based on such consensus that the two sides have properly managed their differences, pushed forward their relations, benefited the two peoples and set a good example for regional countries in dealing with disputes.

Unilateral Arbitration is a Wrong Option

The Philippines’ conduct was contrary to Malaysia’s friendly and proper handling of the disputes with China.

In recent years, President Aquino abandoned the commitment of the former government, relied on a superpower to hype up the disputes in the South China Sea, and insisted on confronting China.

He became world “famous” as the arbitration case is a farce. When his term ends, apart from the severe consequences of undermining the China-Philippines traditional friendship, his political legacy will only be piles of bills from the tribunal.

China and the Philippines have a long history of friendly exchanges. The two countries established diplomatic relations in 1975, only one year after China and Malaysia.

Until 2012 when the Philippines deliberately stirred up the Huangyandao Incident and went on a path of confrontation, relations between the two countries had developed soundly and stably with fruitful cooperation in various fields which brought tangible benefits to their two peoples.

For instance, it was China and the Philippines that first launched joint maritime seismic undertaking which became a precious endeavour in the South China Sea.

The two sides launched friendly negotiations and achieved positive outcome in establishing dialogue mechanism, carrying out pragmatic cooperation and promoting joint development.

During President Arroyo’s visit to China in 2007, both sides praised the relations between two countries as a “golden era”.

It is deeply regrettable that on the occasion of the 40th anniversary of the establishment of China-Philippines relations in 2015, the bilateral ties were upset by the arbitration case, instead of entering a “diamond era” from the “golden era” as China and Malaysia has.

Compared with the breadth, depth and warmth of the friendly interaction between China and Malaysia, shouldn’t the Philippines introspect itself?

As a Chinese old saying goes, “close neighbors are more important than remote relatives.” Forces outside the region may come and go whenever they want, but China and Philippines are neighbours that cannot move away from each other.

As a country committed to regional peace and stability as well as promoting economic development, China sincerely welcomes all the regional countries to take a ride together for deeper mutual benefit and win-win cooperation.

The Philippines’ inflexibility on the arbitration case will only sacrifice its own opportunities and interest.

Amicable Consultation is the Only Way Out

People in littoral states along the South China Sea have lived for a long time in peace and harmony, ready to help each other when in need. Although in the 1960s and 1970s, some changes took place and new problems emerged, China and Asean states have consistently engaged in dialogues and communication and maintained overall peace and stability at sea without interference from powers outside the region.

The Declaration on the Conduct of Parties in the South China Sea (DOC) signed by China and Asean in 2002 has played an indispensable role.

Even if the South China Sea issue heats up, China will still stick to settling disputes through negotiation and consultation in a peaceful way. China has also proposed the “Dual Track Approach”, that is, the relevant disputes should be solved by the sovereign states directly concerned through consultation and negotiation, and that peace and stability in the South China Sea should be maintained through joint efforts of China and Asean member states.

The approach is in full accordance with international laws and practices, and has been supported by most of the Asean countries including Malaysia and Brunei which are also claimants in the South China Sea.

History will prove again that friendly consultation is the right way to settle the disputes in the South China Sea.

China is strongly opposed to the unilateral action by the Philippines and China’s position of non-acceptance and non-participation in the arbitration case will not change.

The new Philippine Government should discard illusions and return to the right track. As a matter of fact, Malaysia and Brunei have already set good examples.

Just as Chinese Foreign Minister Wang Yi stated, the arbitration case is a knot that has impeded the improvement and development of China-Philippines relations.

As to how to untie the knot, it depends on the Philippines. China wishes that the new Philippine Government will make a wise choice in consideration to improving the relations and enhancing mutually beneficial cooperation between the Philippines and China.

The Philippines should cease its arbitral proceedings, refuse to be a pawn anymore and return to bilateral negotiation with China.

China is standing ready to commit itself to full and effective implementation of the DOC and making continuous efforts with all relevant parties to maintain peace and stability in the region.

Dr. Huang Huikang

The writer is the Ambassador of the People’s Republic of China to Malaysia. The views expressed here are the writer’s own.

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China urges Philippines to quit arbitration; Pushes back against US pressure

China urges Philippines to immediately cease arbitral proceedings

http://english.cctv.com/2016/06/09/VIDESodRMnJFJdiaDZ3JKzuo160609.shtml


<<< Foreign Ministry spokesperson Hong Lei (Source: fmprc.gov.cn)

BEIJING, June 8 (Xinhua) -- China on Wednesday again urged the Philippines to stop its arbitral proceedings and return to the right track of settling relevant disputes in the South China Sea through bilateral negotiation with China.

Foreign Ministry spokesman Hong Lei made the comment at a routine press briefing.

The Foreign Ministry on Wednesday issued a statement saying that disputes between China and the Philippines in the South China Sea should be settled through bilateral negotiation.

Hong said that by unilaterally initiating the arbitration in 2013, the Philippines had turned its back on the possibility of solving the issue through negotiation, leading to a dramatic deterioration of relations between China and the Philippines.

China and the Philippines have reached consensus on settling maritime disputes through bilateral negotiation in a number of bilateral documents, but the two countries have never engaged in any negotiation on the subject-matters of the arbitration, said Hong.

By unilaterally initiating the arbitration, the Philippines has violated its agreement with China as well as its own solemn commitment in the Declaration on the Conduct of Parties in the South China Sea (DOC), he said.

This is an abuse of the dispute settlement procedures of the United Nations Convention on the Law of the Sea (UNCLOS), and is against international law, including UNCLOS, he added.

The door of China-Philippines bilateral negotiation is always open, he said. "China will remain committed to settling through negotiation the relevant disputes with the Philippines in the South China Sea on the basis of respecting historical facts and in accordance with international law."

"China urges the Philippines to immediately cease its wrongful conduct of pushing forward the arbitral proceedings, and return to the right path of settling the relevant disputes in the South China Sea through bilateral negotiation with China," Hong said. - Xinhua

BEIJING: China has urged the Philippines to “immediately cease its wrongful conduct of pushing forward the arbitral proceedings” and “return to the right path” of settling the relevant disputes in the South China Sea, through bilateral negotiation.

In an official statement released yesterday, the Foreign Ministry reaffirmed Beijing’s commitment to a settlement via two-way negotiations, rather than an arbitration unilaterally sought by Manila against China in 2013.

Ties between Beijing and Manila were sunk after the initiation of the arbitration. From the very start of the arbitral process, China has refused to accept or participate.

In the wake of recent comments made by various Chinese officials about the arbitration, the statement said “the door of China-Philippines bilateral negotiation is always open”.

Observers and the media have increasingly called on Philippine President-elect Rodrigo Duterte and his expected administration to quit the arbitration and return to the table for two-way negotiations.

The arbitral case is still pending. Some media and observers said the expected ruling by the arbitral tribunal would be made in a few weeks.

China will remain committed to settling through negotiation the relevant disputes “on the basis of respecting historical facts and in accordance with international law,” the ministry wrote.

In the past weeks, Washington has publicly pressed Beijing to accept the ruling.

That also included a call from US Defence Secretary Ash Carter on Saturday at the Shangri-La Dialogue in Singapore.

Wu Shicun, president of the National Institute for South China Sea Studies, said although it remained to be seen if the incoming Philippine administration would quit the arbitration and return to the table for talks, “it is apparent that the arbitration – from its very beginning – has led to increasing, not decreasing, number of problems between Beijing and Manila”.

“Other regional countries will come to the conclusion that embarking on such an arbitration will obtain no benefit, not to mention resolving any of the existing disputes,” Wu said.

Jia Duqiang, a researcher of South-East Asian studies at the Chinese Academy of Social Sciences, said as the arbitration process came to a critical moment, all parties knew clearly that “no good will serve any party if the big picture is damaged”.

He also said the incoming administration was re-evaluating its policies towards China. — China Daily / Asia News Network

China pushes back against US pressure

SINGAPORE: China rebuffed US pressure to curb its activity in the South China Sea today, restating its sovereignty over most of the disputed territory and saying it "has no fear of trouble".

On the last day of Asia's biggest security summit, Admiral Sun Jianguo said China will not be bullied, including over a pending international court ruling over its claims in the vital trade route.

"We do not make trouble, but we have no fear of trouble," Sun told the Shangri-La Dialogue in Singapore, where more than 600 security, military and government delegates had gathered over three days.

"China will not bear the consequences, nor will it allow any infringement on its sovereignty and security interest, or stay indifferent to some countries creating chaos in the South China Sea."

The waterway has become a flashpoint between the United States, which increased its focus on the Asia-Pacific under President Barack Obama's "pivot", and China, which is projecting ever greater economic, political and military power in the region.

The two have traded accusations of militarising the waterway as Beijing undertakes large-scale land reclamation and construction on disputed features while Washington has increased its patrols and exercises.

On Saturday, top US officials including defence secretary Ash Carter warned China of the risk of isolating itself internationally and pledged to remain the main guarantor of Asian security for decades.

Despite repeated notes of concern from countries such as Japan, India, Vietnam and South Korea, Sun rejected the prospect of isolation, saying that many of the Asian countries at the gathering were "warmer" and "friendlier" to China than a year ago.

China had 17 bilateral meetings this year, compared with 13 in 2015.

"We were not isolated in the past, we are not isolated now and we will not be isolated in the future," Sun said.

"Actually I am worried that some people and countries are still looking at China with the Cold War mentality and prejudice. They may build a wall in their minds and end up isolating themselves."

During a visit to Mongolia today, US secretary of state John Kerry urged Beijing not to establish an air defence identification zone (Adiz) over the South China Sea.

Kerry, who will visit China next, said an Adiz would be "a provocative and destabilising act", which would question Beijing's commitment to diplomatically manage the dispute.

The South China Sea is expected to feature prominently at annual high-level China-US talks starting in Beijing on Monday, also attended by US Treasury Secretary Jack Lew.

US concerns about Chinese trade policy and the difficulty foreign businesses say they face operating in China will add to what will likely be difficult discussions. — Reuters

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Politicians, international relations experts and opinion leaders from the Philippines on Wednesday called on President-elect Rodrigo Duterte to start bilateral talks with China on the South China Sea issue as soon as possible.

 Studio interview: Arbitration will not solve dispute

For more insights into the South China Sea issue, we have as our studio guest Jia Xiudong, a Senior Research Fellow from the China Institute of International Studies. Q1. China insists the Philippines unilateral arbitration is illegal. So how much do you think the arbitration can help solve the maritime dispute?

Beijing believes Manila is politically motivated

China believes that there are political motivations behind the arbitration by the Philippines, as it is an open denial of China's sovereignty. It brings uncertainty to how China would solve disputes with other countries.

South China Sea FAQ 2: What are China's historical claims to the South China Sea?

What are China's historical claims to the South China Sea?

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SINGAPORE - US defense secretary's China "self-isolation" claims were totally incorrect, local analysts said here on Saturday.

In a speech delivered here Saturday at the on-going Shangri-La Dialogue, US Defense Secretary Ashton Carter said China could end up erecting a Great Wall of self-isolation, but analysts here refuted Carter's remarks as one-sided and over-exaggerated.

As China develops, Asia-Pacific countries had built close relations with not only the United States but also China, which proves Carter's China "self-isolation" claims at best "exaggerated," said Huang Jing, Professor and Director of Center on Asia and Globalization, Lee Kuan Yew School of Public Policy, National University of Singapore.

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Carter's claims are misinterpreting China's policies, and are not in line with the two countries' consensus on forging new pattern of relationship, said Colonel Lu Yin, Associate Researcher from the Institute of Strategic Studies of China's National Defense University.

The colonel noted that Carter's remarks revealed logical paradoxes in the US rebalance strategy in the Asia-Pacific.

"I don't see it possible that without efforts from China, the United States can realize its rebalance strategic in the Asia-Pacific region as well as achieve common prosperity as envisioned," said Lu.

In his half-hour or so speech, the US defense secretary mentioned the word "principle" for as many as 37 times. In Professor Huang Jing's view, it is fairly disputable that the United States does faithfully stick to principle.

When asked about the fact that not only China, but countries including Japan, the Philippines and Vietnam all had similar construction actions, Carter said there are differences in the scale of such activities.

If one really sticks to principles, it doesn't matter what scale the actions might be, any construction activity is against the principle, argued Professor Huang.

On matters of navigation freedom, the professor said that navigation freedom should be guaranteed, but any country's freedom shall not be at the cost of posing threats to others.

Although tensions in the South China Sea are included in Carter's speech, analysts pointed out that the US defense secretary had also elaborated on the fact that China and the United States do have cooperation potentials over a number of international agendas. To safeguard peace and stability in Asia-Pacific, the two countries need to cooperate.

Oh Ei Sun, senior fellow with S. Rajaratnam School of International Studies in Singapore, said that Carter actually adopted a relatively "mild" approach when addressing disputes in the Asia-Pacific and gave much emphasis on setting up security networks in the region.

William Choong, Shangri-La Dialogue Senior Fellow for Asia-Pacific Security, said he thought the US-China relations are far more inclusive.

It's a broader relationship, although they disagree on the South China Sea issue, they can agree on many other issues which are important, such as the cooperation in cyber space, the DPRK issue, and climate change, he said.

The two countries are preparing for their upcoming strategic economic dialogue as well, he noted.

"To put it very simply, even though there are tensions in the South China Sea, I think the relationship is broad enough and strong enough, and has enough institutional mechanism for both sides to avoid their differences and work on potential solutions," said the researcher.

China refutes US defense secretary's China 'self-isolation' claims

SINGAPORE - A high-ranking Chinese military official Saturday refuted US Defense Secretary Ashton Carter's "self-isolation" claims about China.

"Carter's claims are incorrect and do not accord with the actual situation," Guan Youfei, director of the Office for International Military Cooperation of the Chinese Central Military Commission, told the media.

Guan's comments came after Carter's claims at the ongoing Shangri-La Dialogue that China's military activities in the South China Sea would isolate itself.

Guan said the United States should learn lessons from the wars it had waged in the Asia-Pacific region after World War II and play a constructive role in the region.

Guan urged the United States to keep its security pledges, withdraw troops from Afghanistan as soon as possible, stop arms sale to China's Taiwan and refrain from holding military drills on the Korean Peninsula.

Guan said China has made great efforts in promoting international and regional security cooperation since its reform and opening-up, and China's achievements in areas such as peacekeeping, disaster relief and naval escort missions are obvious.

China will continue to enhance cooperation with other Asia-Pacific countries under the Belt and Road initiative in various fields, the Chinese military official added.

The US defense secretary had earlier made similar accusations against China in a speech delivered at the US Naval Academy. The Chinese Foreign Ministry had responded, saying such claims reflected "American-style mentality" and "American-style hegemony."

Sources: China Daily/Asia News Network

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Neither the Chinese nor the United States military backed off from where they stood in previous exchanges over the South China Sea issue.

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Despite China's strong opposition, the arbitral tribunal announced in late October 2015 that it can judge on seven of the 15 submissions, and linger over some other submissions.

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Even the claimant countries in the waters want to prioritize safeguarding peaceful development in the region.

Asia doesn’t welcome return to Cold War

But Carter won’t change his attitude. He represents a clique that is eager to sustain Washington’s hegemony in the Western Pacific by reinforcing military deployments and containing China’s peaceful rise.

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THE ruling on an international arbitration case, brought by the Philippines against China on rival claims to the South China Sea, is expected soon.

With the decision widely predicted to favour the Philippines, China – which has refused to participate in the proceedings – has revved up its efforts to influence public opinion at home and abroad.

State-owned media outlets, such as China Radio International’s WeChat account “Watch Asean”, began posting materials provided by the Chinese Foreign Ministry in late April to prove that China lays historical claim to the territory.

Turning to age-old manuscripts like the Book of Han and Record of Foreign Matters written during the Eastern Han Dynasty (25 AD – 220 AD), China said its people were the first to discover, name and administer va­­rious South China Sea islands and therefore enjoy priority rights to own and use the features.

“History has irrefutably proved that China is the sole owner of the South China Sea islands,” it said.

China also cited foreign publications, such as The China Sea Directory by United Kingdom’s Hydrographic Office in 1868 and a 1933 French magazine Le Monde Colonial Illustré, as evidence that Chinese fishermen did live on the islands.

As for other South-East Asian nations that border the South China Sea, China claimed they did not challenge its sovereignty until rich deposits of oil and natural gas were discovered there in the 20th century.

“Vietnam, the Philippines, Malaysia, etc, then ‘occupied’ parts of Nansha (Spratly Islands) and hence the territorial spat ensued,” said Li Guoqing, research fellow of the Institute of Chinese Borderland Studies of the Chinese Academy of Social Sciences told local and international journalists in Beijing.

The conflicts brewed for decades and heightened over the past two years with China’s massive expansion and construction activities in the area, adding airfields, ports and lighthouses to seven islands and reefs.

Its explanation that these facilities were intended for civilian use was not too convin­cing, especially for the United States, which criticised China for “militarising” the disputed waters.

On the international front, China appeared as an aggressive claimant who insists that historical evidence can substantiate its assertion over the territory.

It uses the “nine-dash line” to demarcate its boundary on maps, covering most of the South China Sea and overlapping the exclusive economic zones (EEZ) of Malaysia, Bru­nei, Vietnam, the Philippines and Indo­nesia.

If China is so confident of its sovereignty over the South China Sea, why is it reluctant to appear before the Permanent Court of Arbitration in The Hague?

China said territorial sovereignty is beyond the purview of the United Nations Convention on the Law of the Sea (UNCLOS).

It added that both countries have agreed in the Declaration on the Conduct of Parties in the South China Sea (DOC) to settle disputes through bilateral channels, which means the Philippines’ arbitration has thus breached its obligation under international law.

But the Philippines has emphasised to the five-person tribunal that it is not asking for a ruling on territorial sovereignty, but to clarify its maritime entitlements in the South China Sea.

The tribunal decided in October last year that it has the authority to consider the Philippines’ submissions, adding that the DOC was only a political agreement, which is not legally binding.

The tribunal will rule on whether China’s “nine-dash line” violates UNCLOS, whether the maritime features claimed by both parties should be characterised as “islands, rocks, low-tide elevations or submerged banks” (to determine the maritime zones they are entitled to), and whether “certain Chinese activities” in the South China Sea have violated UNCLOS.

China is adamant that it would not entertain the decision.

“No matter what verdict the arbitration case will be, it is unlawful and invalid. China will neither accept nor recognise it,” Ouyang Yujing, director-general of the Department of Boundary and Ocean Affairs of the Chinese Foreign Ministry, said in a press conference in early May.

Li said it is foreseeable that the disputes over the South China Sea would continue to exist for a long time after the verdict is delivered.

He downplayed the significance of the arbitration, saying that it has been hyped up to appear as if it could “change the world”.

“While China is the most experienced country in the world in solving boundary disputes (through bilateral negotiations), it is also the least experienced when it comes to dealing with territorial claims through international arbitration, so I think China has made the right decision to stay away from the arbitration,” he said.

As China slammed countries outside of the region, such as the US and Japan, for meddling in the maritime row, it is actively lobbying for international support on its stance.

Chinese Foreign Minister Wang Yi, during his three-nation visit to South-East Asia in April, said that Brunei, Cambodia and Laos reached a consensus with China to, among others, agree that countries can choose their own ways to solve disputes and oppose unilateral attempts to impose an agenda on others.

National news agency Xinhua reported that Fiji supported China’s position in a meeting between their foreign ministers in Beijing last month (although the Fijian government quickly clarified that it did not, according to the Fiji Broadcasting Corporation).

Last week, a Doha Declaration was signed by China and 21 countries of the Arab League to support peaceful settlement of disputes through negotiation.

Chinese Foreign Ministry spokesperson Lu Kang said that Gabon, Mauritania and Venezuela have also voiced their support for China.

“We highly commend these countries and regional organisations for their calling for justice,” he said in a daily press briefing.

Judging from China’s behaviour, it is very likely that it will follow up with another publicity blitz to denounce the tribunal’s verdict, if the latter does indeed rule in favour of the Philippines.

The disputes, meanwhile, will be far from over.

By Tho Xin Yi 
Check-in China

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Malaysia's pragmatic patriot: friends with benefits

The South China Sea dispute. The global terrorism threat. Malaysia’s foreign policy is back in the world’s spotlight and it is exciting times for ISIS Malaysia’s Foreign Policy and Security Studies chief.

IN an article titled “Think tanks aren’t going extinct. But they have to evolve”, American scholar James Jay Carafano wrote that the capacity to do rigorous, credible research is “no longer sufficient” for think tanks to manoeuvre their ideas prominently into the policy debate. Instead, think tanks must learn to communicate “in ways that will allow their ideas to break through to decision-makers who are bombarded with information from all sides”.

In that regard, Elina Noor has proven to be a real asset to Malaysia’s premier think tank, the Institute of Strategic and Interna­tional Studies, or ISIS Malaysia. Her ability to articulate on complex and dynamic global affairs – such as major power relations, cyber warfare, terrorism and conflicts – in succinct yet jargon-free language has also made her a highly sought-after interviewee by the international media.

As a child, Elina wanted to be “everything”, from prime minister to fashion designer. Her parents, who ran a management consultancy firm, however, might have subconsciously put her on her career path by leaving the world news on television all the time when she was growing up.

“My parents would engage in lively debates about international affairs between themselves. As I grew older, I wanted to do law with an eye towards international law, specifically how war and conflict affect people.”

After graduating from Oxford University in the United Kingdom, she specialised in public international law at the London School of Economics and Political Science. This was followed by an internship at the Centre for Non-proliferation Studies at the Monterey Institute of International Studies in Washington DC, specialising in issues of weapons of mass destruction terrorism.

Essentially, she helped compile a database of terrorist groups with chemical or bioweapons capabilities by combing through secondary sources and obtaining intelligence from experts who had gone into the field.

Her days in the United States were cut short, however, by visa limitations. So, after nine months, she returned to Malaysia in 2001.

Her appetite whetted by her Washington experience, Elina joined ISIS Malaysia as a researcher.

Though formally positioned as a research organisation for nation-building initiatives, ISIS Malaysia was set up by former prime minister Tun Dr Mahathir Mohamad in 1983 to serve as a crucial sounding board for the government on foreign policy and security issues.

In addition to research, ISIS Malaysia engages actively in non-governmental meetings between states, known as Track Two diplomacy, and fosters closer regional integration and international cooperation through forums such as the Asia-Pacific Roundtable.

Now, having risen through the ranks, Elina heads a team of eight in the Foreign Policy and Security Studies division.

As a claimant state in the ongoing South China Sea dispute, chair of the Association of South-East Asian Nations in 2015, and currently a non-permanent member of the United Nations Security Council, Malaysia’s foreign policy direction has drawn renewed interest at home and abroad.

Invariably, Elina is asked questions on Malaysia’s relations with China. Her answer is perhaps best laid out in an article she wrote, titled “Friends with Benefits: Why Malaysia can and will maintain good ties with both the United States and China.”

On the topic, Elina had explained: “Malaysia should or will be subservient to an awakening dragon, but the cost-benefit calculus militates against provoking it. Equally, Malaysia’s location and posture make it a strategic partner for China in South-East Asia.

“It is the mark of a mature and solid friendship when overall relations are not held hostage to single-issue disagreements.”

Elina had added that such overlapping claims in the South China Sea, “should not, if managed well, stultify cooperation between Malaysia and China in other areas of the relationship. For a developing country with high-income and knowledge-economy ambitions like Malaysia, the show must go on”.

Or to put it simply, Malaysia wants to be everybody’s friend. That’s always been the country’s foreign policy from the start, she points out.

On the other hand, this pragmatic approach has also enabled the country to punch above its weight in places where even superpowers fear to tread.

Elina’s other portfolio, cyber warfare and security, is expected to come further into the spotlight with recent headlines claiming that the so-called Islamic State extremist group in Iraq and Syria intended to abduct top Malaysian leaders, including the PM.

“Malaysia up to this point has handled terrorism very well,” Elina says.

Many attempts have been foiled in the past, she adds, and the police have kept it low-key.

“If you follow the issues closely, you’ll notice the police only started publicising their efforts in the run-up to Pota (The Prevention of Terrorism Act 2015), an anti-terrorism law passed by the Malaysian government on April 7, 2015 enabling the Malaysian authorities to detain terror suspects without trial for a period of two years.”

Part of this publicising had to do with the political selling of Pota, but there was a more legitimate, pressing reason: People were taking security for granted in Malaysia.

“Malaysians treat security like it’s not a problem. We often criticise the police but the military and Special Branch in charge of counterterrorism really know what they’re doing. The police have been very vigilant and I think they do good work but haven’t been given enough credit.”

After 14 years, she still enjoys her job because of the intellectual robustness but admits some world-weariness has set in.

Nevertheless, Elina remains motivated by the knowledge that a lot of good Malaysians on both sides of the political divide are doing good work for the country.

Pointing to a faded wristband she has been wearing for “donkey’s years”, the inscription reads: “Malaysia tanahairku (Malaysia, my homeland)”.

“Call me cheesy,” she says, “but I’ve never thought of removing it. Love for country might, but does not always, equate to love for government. I’m a sentimental patriot.”

By Alexandra Wong, China Daily/Asia News Network

South China Sea among world's freest and safest shipping lanes

China was the earliest to explore, name, develop and administer various South China sea islands. Our ancestors worked diligently here for generations. Beijing's control is justified, says Wang Yi

http://t.cn/RGEz7El

BEIJING: The South China Sea is one of the world’s freest and safest shipping lanes, Chinese Foreign Minister Wang Yi said, arguing that Beijing’s control over the disputed waters was justified because it was the first to “discover” them.

China has come under fire from the United States and its allies in recent months over its land reclamation activities in the South China Sea, through which US$5 trillion (RM20.3 trillion) in ship-borne trade passes annually.

The US Navy has carried out freedom of navigation exercises, sailing near the disputed islands to underscore its rights to operate in the seas. Those patrols, and reports that China is deploying advanced missiles, fighters and radar equipment on islands there, have led Washington and Beijing to trade accusations of militarising the region.

The freedom of navigation does not equal the “freedom to run amok”, Wang told his yearly news conference on the sidelines of China’s annual parliament meeting.

“In fact, based on the joint efforts of China and other regional countries, the South China Sea is currently one of the safest and freest shipping lanes in the world,” Wang said.

“China was the earliest to explore, name, develop and administer various South China Sea islands. Our ancestors worked diligently here for generations,” Wang said.

“History will prove who is the visitor and who is the genuine host,” he said, adding that China would “consider inviting” foreign journalists to islands under its control when the conditions are right.

China was neither the earliest country to deploy weapons to the South China Sea nor the country with the most weapons there, Wang added, without saying which country was. Beijing claims almost all of the South China Sea, but Brunei, Malaysia, the Philippines, Taiwan and Vietnam have overlapping claims.

US Defense Secretary Ash Carter has warned of “specific consequences” if China takes “aggressive” action in the region.

He has said the US military was increasing deployments to the Asia-Pacific region and would spend US$425mil (RM1.7bil) through 2020 to pay for more exercises and training with countries in the region that were unnerved by China’s actions.

Wang was also asked about the Philippines case against China in an arbitration court in The Hague on the South China Sea dispute. Manila has asked Beijing to respect the decision, which is expected in May.

China refuses to recognise the case and says all disputes should be resolved through bilateral talks.

Wang repeated that China was quite within its rights not to participate and accused unnamed others of being behind the case.

“The Philippines’ stubbornness is clearly the result of behind-the-scene instigation and political manipulation,” he said, without elaborating. — Reuters

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