AssassinsMace
Lieutenant General
Remember to look at the Guano Act to what the US uses to stake its claims.
The part you conveniently omitted is international rule of law means nothing unless it's applied equally to all nations. So tell me, where your crocodile tears when other powerful countries ignored ICJ rulings?Historical claims is baseless. If that's the case UK can claim the US and hundreds of other examples. At one time of the other someone has 'owned;' someone else.. just depends on how many hundreds of thousands of years you want to go back.
Court ruling is court ruling and needs to be legally binding otherwise it's meaningless and can open a whole lotta can of worms that can never be closed.
Anyway we should open another thread since this thread is only for news reporting not for discussion.
It's in China's interests to soft play the PCA's white paper and throw something that sounds nice and neighborly to Philippines and the region, while not giving up anything of substance. I hope Beijing ditches the 9DL, because it serves no good purpose and causes endless amounts of trouble; the juice isn't worth the squeeze.To clarify, The Hague ruled that all "high tide features" including Itu Aba (taiping) in disputed area are rocks and not eligible for EEZ. Since Taiping is the largest island (now "rock") we can assume all lesser islands are all defined as rocks.
This means that all extended EEZ claims based on "rocks" from all parties are invalid by their ruling. Not just China but also PH, VN, MY, Brunei, Indonesia. The ruling also specified China has traditional fishing rights within Philippine EEZ.
The ruling will also have a future negative impact to Japan's 400,000 sq km EEZ claim based on a small atoll (okinotirishma) in the Philippine sea.
Rodrigo Duterte has already publicially stated that he intends to pursue "soft landing". So we'll see how this turn out from future bilateral negotiations.
The part you conveniently omitted is international rule of law means nothing unless it's applied equally to all nations. So tell me, where your crocodile tears when other powerful countries ignored ICJ rulings?
The part you conveniently omitted is international rule of law means nothing unless it's applied equally to all nations. So tell me, where your crocodile tears when other powerful countries ignored ICJ rulings?
Citation pls. Besides we're not talking about other events. This is not a case of so and so ignored the rules therefore I should too.did it therefore e
rule of law applies to everyone. If certain parties choose to ignore it doesn't give you the right to make it an excuse.
Why even bother with the ICJ then? might as well abolish it.
The PCA is not the ICJ. It's not even a real court. It's a relic of the colonial era.
I stand corrected .. it is TECHNICALLY not the same but the overarching result is still the same. The average joe on the street or even governments are not going to care weather it came from the PCA or the ICJ. All they know is some 'world' court (I know technically PCA is NOT a court) ruled against China.
Arbitration
The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advanceto comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard.
The PCA is an arbitrator.
By definition, arbitration can only take place when both parties to the controversy agree to comply with the award. China has refused to participate in the PCA proceedings, therefore, by definition, the PCA has no authority to arbitrate.
To clarify, The Hague ruled that all "high tide features" including Itu Aba (taiping) in disputed area are rocks and not eligible for EEZ. Since Taiping is the largest island (now "rock") we can assume all lesser islands are all defined as rocks.
This means that all extended EEZ claims based on "rocks" from all parties are invalid by their ruling. Not just China but also PH, VN, MY, Brunei, Indonesia. The ruling also specified China has traditional fishing rights within Philippine EEZ.
The ruling will also have a future negative impact to Japan's 400,000 sq km EEZ claim based on a small atoll (okinotirishma) in the Philippine sea.
Rodrigo Duterte has already publicially stated that he intends to pursue "soft landing". So we'll see how this turn out from future bilateral negotiations.
597. The record before the Tribunal indicates the consistent presence of small numbers of fishermen, mostly from Hainan, on the main features in the Spratly Islands. A footnote to the description of Tizard Bank in the 1868 edition of the China Sea Directory reads as follows: Hainan fisherman, who subsist by collecting trepang and tortoise-shell, were found upon most of these islands, some of whom remain for years amongst the reefs. Junks from Hainan annually visit the islands and reefs of the China Sea with supplies of rice and other necessaries, for which the fishermen give trepang and other articles in exchange, and remit their profits home; the junks leave Hainan in December or January, and return with the first of the S.W. monsoon. The fishermen upon Itu-Aba island were more comfortably established than the others . . . . 640