China’s behavior in the South China Sea is that of a hegemonic rogue state. The only recourse of the Philippines in exploiting its gas in Reed Bank is to have joint patrols in the WPS with its allies and like-minded states.
Speech delivered by Justice Antonio T. Carpio on September 8, 2023, before the Maritime League Conference at the SMX Mall of Asia, Pasay City.We must frame recent developments in the West Philippine Sea against the backdrop of China’s new coast guard law which took effect on February 1, 2021.
We should remember that China’s threat of force in the South China Sea is as much a violation of the UN Charter as Russia’s use of force in its invasion of Ukraine. Both threat and use of force to settle disputes between states are expressly outlawed by the UN Charter. The UN General Assembly overwhelmingly condemned Russia’s use of force in Ukraine. The UN General Assembly should similarly condemn China’s threat of force in the South China Sea.
In 1939 Japan seized both the Paracels and the Spratlys from France. Japan established a submarine base in Itu Aba, the largest island in the Spratlys. This submarine base was used by the Japanese in the invasion of the Philippines in World War II. , which expressly stated that the southernmost territory of China was Triton Island, the island in the Paracels closest to Vietnam. Let me quote the 1943“The territory of the Republic of China extends from latitude 53º 52’ 30” N.
Japan did not steal the Paracels or the Spratlys from the Chinese. The Paracels and the Spratlys fall under the Cairo Declaration’s other category of territories, that is, “Japan will also be expelled from all other territories which she has taken by violence and greed.” The Cairo Declaration did not award these “other territories” to any country.
What is definitive is what transpired in the 1951 San Francisco Peace Conference that formally ended the Pacific War. The motion of the Union of Soviet Socialist Republics to award the Spratlys and the Paracels to China was defeated by a vote of 46 to 3, with one abstention. Thus, the San Francisco Peace Treaty merely states: “Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.
The ASEAN coastal states had nothing to do with the acts of the Western Colonial Powers and Japan against China. China cannot exact justice and compensation from the Western Colonial Powers and Japan by seizing the island territories and maritime zones of ASEAN coastal states and bullying them. That would not only be irrational, but would also make China an imperialist hegemon even worse than the Western Colonial Powers.
Despite this ambiguity, the Philippines protested a 2013 map of China which appeared to claim that the 10-dash line, up from 9, in the South China Sea marked China’s national boundary. This new 2023 map is, however, categorical in expressly designating the dashed lines in the South China Sea as China’s “International boundary.”
Incredibly, in its 2023 map China now officially asserts, contrary to international law and UNCLOS, that the entire high seas, and most of the exclusive economic zones of the South China Sea coastal states, are the territorial sea of China since the waters enclosed by the 10-dash line constitute China’s national territory.
United Kingdom Latest News, United Kingdom Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Marcos: South China Sea dispute isn’t about US-China competitionThe Philippine President warns against 'hegemonic ambition' flexing its power in the 'international peaceful order'
Read more »
PH, US, Japan agree to tackle attempts by force in South China SeaJAKARTA —The Philippines, the US, and Japan have agreed to jointly tackle unilateral attempts to change the status quo by force in the South China Sea (SCS).
Read more »
Marcos to Asean: 'Some progress' in talks for Code of Conduct in South China SeaPRESIDENT Ferdinand 'Bongbong' Marcos Jr. on Wednesday reported before the Association of Southeast Asian Nations (Asean) that there have been 'some progress' in the negotiations for a Code of Conduct (COC) in the South China Sea which, he said, is in accordance with international law.
Read more »
Marcos turns to allies in international law push amid South China Sea, Indo-Pacific tensionsThe Philippine president cites the Camp David statement, in which the US, Japan, and South Korea consolidated their security agenda in the Indo-Pacific
Read more »
Marcos, Kamala Harris talk South China Sea in JakartaJAKARTA—President Ferdinand 'Bongbong' Marcos and US Vice President Kamala Harris on Wednesday .
Read more »
Marcos scores 'dangerous use' of coast guard, militia vessels in South China Sea'We must oppose the dangerous use of coast guard and maritime militia vessels in the South China Sea,' President Marcos says at the East Asia Summit attended by Chinese Premier Li Qiang
Read more »