Wednesday, 29 March 2017

Notes on South China Disputes conflicts _ Part One

What is the meaning of President Ma get abroad on Taiping Island? Why he needs to go there? What is the claim of Taiwan on South China Sea Disputes? Regarding on the South Chia Sea Disputes, what are the neighbouring countries fighting for? Why does the dispute rise again in recent years? Why did the Philippines take judicial proceedings against China? What are the effects of the arbitration to us? 

Preface

Taiwanese Government believes that, according to the constitutional law of the Republic of China (ROC/Taiwan), Taiwan indigenously owns Begonia (Begonia taiwaniana, refers to land of Mongolia) , plus, a piece of sea-land, which is South Sea.

Either Kuomintang or minjintang period, the diplomatic department had been delivering many official statements regarding to the South China Sea Disputes, for example, in 2015 President Ma proposes peace initiative to resolve disoutes in South China Sea. The most often used statement Taiwan government use is : 中華民國政府重申:無論就歷史、地理及國際法而言,南沙群島、西沙群島、中沙群島、東沙群島及其周遭海域係屬中華民國固有領土及海域,中華民國享有國際法上的權利,不容置疑。However in reality, Taiwan can only control the following land : Dongsha Atoll.


Over the whole domain of South China Sea, Xisha Islands has been under China’s control, Zhongsha Islands has no single piece of lands emerge from the water besides Scarborough Shoal (which China just took over it from the Philippines. Spratly Islands (南沙群島) are separately owned by Taiwan, Vietnam, Philippines, China and Malaysia…

Why everyone is fighting for South China Sea?

South China is a large piece of ocean with numbers of tiny islands. Natural resources on those islands are limited, but people are indeed fighting for the oil resources beneath and the important shipping routes/military base.

Countries along the South China Sea indeed fighting the islands base on a regulation from UNCLOS, it introduced the Principle of Domination(land dominates the sea). Briefly saying, if a country wants to declare domain sovereignty on economic sea area, she has to  first own an island, and from the extended area within 200 miles from the island, she has the right of practising fishing industry and extracting the oil resources . 

What is indeed an island? 

It’s indeed not that easy to form an island. According to UNCLOS, term 121 item 1, islands have to be naturally formed, the land has to be higher than the sea level during the tidal maximum. What’s more, if a country wants to conduct economic activities on the islands, according to UNCLOS term 121 item3: This piece of island must be able to sustain human activities on the island or fulfilling mankind’s economic needs. However these two regulations had been bringing many arguments as neither international Court of Justice nor the International Tribunal for the Law of the Sea have further explain the details.There was also no judicial cases had been made based on them.

Saturday, 25 March 2017

Try to understand Xi Da Da in a better way

Geremie R. Barmé is a professor of Chinese history and founding director of the Australian Center on China in the World at the Australian National University. He has just released “China Story Yearbook 2014: Shared Destiny,” a lively collection of essays on China under President Xi Jinping, edited with Linda Jaivin and Jeremy Goldkorn. Mr. Barmé chose the essays on the basis of readability, as well as depth of knowledge.Mr. Barmé began his career in 1972 studying Chinese at the Australian National University. In 1974, at the age of 20, he went to China to continue his studies, moving from Beijing to Shenyang and Shanghai. As the Cultural Revolution wound down, he did a stint picking apples in northeastern China and observed the collapse of Maoism. From 1978 to 1991, he wrote for Chinese-language newspapers in Hong Kong. He has been based at Australian National University since 1989, with diversions into making films, writing books and even offering suggestions for speeches on China by Australian prime ministers.
In an interview, he explained why, to understand Mr. Xi’s tenure, “you have to have a basic understanding of Mao.”
Q. As a longtime China watcher, what is special for your craft in the Xi era?
A. As an historian who went to universities in Australia, China and Japan and as a Sinologist who learned Chinese from and did a doctorate with Pierre Ryckmans, the Xi era is something of a gift. The dark art of Chinese rule combines elements of dynastic statecraft, official Confucianism, the Marxist-Leninist-Maoist legacy and the mixed socialist-neoliberal reforms of the post-Mao era.
Under Xi Jinping, the man I like to call China’s C.O.E., or Chairman of Everything, these traditions are being drawn on to build a China for the 21st century. For those used to thinking about China as being a country that “just wants to be like us,” or as one that fits neatly into the patterns of the Euro-American past, the Xi era is a challenge. For the many students of China who haven’t bothered reading Mao, taking the Marxist tradition seriously or familiarizing themselves with the country’s dynastic legacies, Xi’s version of China is positively discombobulating.
Q. Some people in China refer to Mr. Xi as “Emperor Xi.” Are there similarities?
A. Since the Mao era, it has been a commonplace for even rather levelheaded analysts and observers to speak of Chinese leaders as emperors or want-to-be emperors. This generates a comfortable metaphorical landscape, one that Chinese friends also often encourage. It puts Chinese political culture and behavior beyond the realm of the normal or knowable. It reaffirms Chinese claims about a unique history and political longevity. Mao was an expert at playing off and against the imperial tradition while sitting above factions that he manipulated in pursuit of his radical political and personal goals.
Of course, Xi aspires to something like that, if not more. But he is a long way from having Mao’s charisma or being able to play the system or the people with similar alacrity, though not for want of trying. The official adulation of Xi and the fact that he is omnipresent are reminiscent of the leader complex of other, older socialist states. Emperors were far more constrained and media shy.
Q. How is the current crackdown on expression affecting creativity on the Internet?
A. There is no doubt that the threnody of the era of “Big Daddy Xi,” as the official media call the C.O.E., is boredom. The lugubrious propaganda chief, Liu Yunshan, the Internet killjoy Lu Wei and Xi himself have together cast a pall over Chinese cultural and intellectual life. At the same time, the party-state is at pains to extol homegrown innovation and creativity. Does not a semi-Maoist state revel in the unity of contradictions?
Perhaps one of the challenges China poses to our understanding of narratives of development, progress and modernity is that innovative change may well also be possible, if not flourish, under postmodern authoritarianism. Or does one just pickpocket innovation from elsewhere and use state-controlled hyperbole to lay claim to creativity?
Q. Do you see nationalism getting out of hand?
A. In a way, nationalism in China has been out of hand for years: the intense and costly nationwide re-education campaign launched in the wake of June 4, 1989, emphasized China’s unique national situation, its undivided “nationhood” and grand history. The popular sense of exceptionalism is here to stay.
But this exceptionalism is threatened by Taiwan, which has taken such a different sociopolitical path. It is threatened by Hong Kong, where the complex legacies of colonialism feed into local identity and political conscience. It is threatened by the very pluralism that market reforms engender in China itself.
Of course, China is achieving long-cherished goals of strength and power, but in the process it has forged a one-party nation-state that, apart from tireless police action, maintains unity through aggravated propaganda and public bellicosity. But there is also the “Other China” — one that is educated, informed, skeptical, well-read, often well-traveled and part of a modern global society. This Other China is often silenced, ignored or ill-understood, but it will flourish well beyond the tenure of Xi Jinping.
Q. Where will the relationship between China and the United States stand five years from now?
For an Australian this is a discomforting question, in particular since my country has participated in just about every U.S. venture since World War II. Most of these gambits have been bloody, costly and enjoyed suboptimal results. Therefore, living in a country that is bound in a cap-doffing alliance with our American cousins I can only hope that if the U.S. and its regional partners proceed with a policy of “China deterrence” they will prove successful.
Failing that, one would hope that China and the U.S. reach an accommodation along the lines suggested rather idealistically by my colleague Hugh White [professor of strategic studies at Australian National University’s Strategic and Defense Studies Center]: a “Concert of Asia and the Pacific.” However, having been educated at Maoist universities in my 20s, in my darker moments I think that a series of regional conflicts may well be the reality in the years to come.
Follow Jane Perlez on Twitter @JanePerlez.

Friday, 24 March 2017

Most international well-known news over the South China Sea Arbitation ( Philippines vs China)




Causes

The Philippines filed a complaint in 2013 after China took control of a reef about 140 miles from the Philippine coast. 

It accused China of:
1. violating international law by interfering with fishing, endangering ships and failing to protect the marine environment at the reef, known as Scarborough Shoal.
2.reject China’s claim to sovereignty over waters within a “nine-dash line” that appears on official Chinese maps. 
3.dredging sand to build artificial islands out of several reefs in the South China Sea


Result

On 5 July 2016, The tribunal released a landmark decision, which largely agreed, declaring that there was “no legal basis” for the nine-dash line and concluding that China had unlawfully built an artificial island in Philippine waters.

International Law the Philippines used during the arbitation

The Philippines filed its complaint under the United Nations Convention on the Law of the Sea, which lays out rules for the use of the world’s oceans. The treaty came into force in 1994 and has been ratified by both China and the Philippines, as well as 165 other states and the European Union.

The treaty says a country has sovereignty over waters extending 12 nautical miles from its coast, and control over economic activities in waters on its continental shelf and up to 200 nautical miles from its coast, including fishing, mining, oil exploration and the construction of artificial islands.

The treaty sets out detailed rules for defining these zones, what to do when two nations’ zones overlap and how to resolve disputes.

Chinese Government's response

China has boycotted the international tribunal that was set up to hear the case.
It says the panel of five judges and legal experts has no jurisdiction because the sovereignty of reefs, rocks and islands in the South China Sea is disputed.




Tuesday, 21 March 2017

Taiping Island, better known internationally as Itu Aba Island, and also known by various other names, is the largest of the naturally occurring Spratly Islands in the South China Sea.

The island is administered by the Republic of China (ROC/Taiwan), as part of CijinKaohsiung. It is also claimed by the People's Republic of China, the Philippines and Vietnam. In 2016, in a ruling by an arbitral tribunal in the Permanent Court of Arbitration in the case brought by the Philippines against China, the tribunal classified Itu Aba as a "rock" under United Nations Convention on the Law of the Sea (and therefore not entitled to a 200 nautical mile exclusive economic zone and continental shelf). ROC/Taiwan rejected this ruling.