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Tuesday, October 25, 2016

The court in the Hague took away China’s right to the disputed territory in the South China sea

The Hague Tribunal upheld the claim of the Philippines to China and recognized that the country has no historical right to use the disputed waters of the South China sea. The decision was supported in neighboring Japan, where anxiously looking for the appearance of artificial Islands. China has welcomed the decision of the Tribunal adamant: Beijing will not change position, and there are reasonable grounds.

The international Tribunal in the Hague concluded that China has no rights in the disputed territory in the South China sea. “China has no legal basis to claim historical rights to resource extraction within the line of nine dashes (the area claimed by China),” reads the court’s decision. The court ruled that China is violating the sovereign rights of the Philippines in the free economic zone of the country, leading the development of oil fields in the waters of the South China sea, and prevents the traditional fisheries of the Philippines near the Scarborough shoal, said to DW.

“The decision of the Hague court will have only one result: China will strengthen the armed forces, will put more money in the army and Navy”

“These territories are not economic exclusive zone of China”

We will remind, Beijing, for several decades, leads the dispute with the Philippines, Malaysia, Taiwan, Vietnam and Brunei over territorial jurisdiction of a number of Islands in the South China sea, on the continental shelf which were found significant reserves of hydrocarbons. It is, above all, the Xisha archipelago (Paracel Islands), Nansha Islands (Spratly Islands) and Huangyan (Scarborough reef). Since the end of 2013, Beijing began to conduct in the South China sea large-scale hydraulic engineering and construction work on the construction of artificial Islands as well as the expansion and development of these territories. Thus, China intends to substantiate their claims to the waters. If the archipelago is recognized by the Islands, China is entitled to claim a 12-mile stretch of territorial waters or 200-mile stretch of the exclusive economic zone.

The Philippines, however, emphasize that the artificial extension of the Islands does not change their original and neutral status. Arbitration in the Hague also ruled that none of the Islands and reefs in the Spratly archipelago is not exclusive economic zone of China. In addition, the court added that the construction of artificial Islands and objects to China has caused irreparable damage to coral reefs in the South China sea. Thus satisfied about 15 points of the Philippine claim. The arbitration decision is mandatory, but the court has no authority to demand his execution.

The leadership of the Philippines appealed to the court in 2013, about the same time, when China started to build up artificial Islands. The representatives of China to participate in the proceedings was not accepted, stating that international arbitration has no jurisdiction to resolve territorial disputes.

“China opposes”

The court’s ruling was welcomed by the Philippine side. The Minister of foreign Affairs Perfecto Yasai called it “an important milestone” in regional disputes and called on “concerned parties to exercise restraint and moderation.”

The Chinese foreign Ministry responded that the court’s decision will not affect the sovereignty and interests of China in the region. “Territorial sovereignty and the rights and interests of China in the South China sea under any circumstances will not be affected by this court decision”, – stressed in the Department. “China opposes and will never accept any claims or actions based on this decision,” added the Chinese foreign Ministry.

Earlier, China also stated that it is not going to recognize the court’s decision on the South China sea. The foreign Ministry added that China will uphold the sovereignty and interests of China in the region, regardless of the opinion of the Arbitral Tribunal.

Aside from the dispute remained and the Japanese foreign Ministry, who stressed that he expects the implementation of the decision (arbitration), because it “will eventually lead to the peaceful settlement of disputes in the South China sea,” TASS quoted the statement of the foreign Ministry of the country.

“Japan has consistently advocated the rule of law and the solution of Maritime disputes exclusively by peaceful means”, – added in Department.

Earlier, the head of the European Council Donald Tusk, who arrived on 12 July with the visit to China, also stressed the need for international resolution of the dispute for peace in the region.

“The unprecedented challenge to China”

The Wall Street Journal called the ruling an “unprecedented challenge to China”. The publication recalled the U.S. role in the conflict over the disputed territory, which must “contain China” with its fast-growing naval power not to let China become an equal competitor on the other side of the ocean in Asia.

Earlier, the head of the Pentagon Ashton Carter, speaking at a security conference in Singapore, said that China’s actions in the South China sea “expansive and unprecedented”, RIA “Novosti”.

China has the intent to undermine the right of navigation of other countries,” he said. The U.S. Secretary of state John Kerry during his recent visit to China behaved more diplomatically and has assured that States do not support either party, because they are not party to the dispute.

In may of this year the destroyer William P. Lawrence, U.S. Navy sailed in the distance the most 12 nautical miles from the reef, Unsoda (Fiery Cross Reef) – the territory he so desperately defends China. The Beijing protest was immediate: authorities have accused an American ship in an illegal incursion into its territorial waters. However, Washington has repeatedly stressed that he does not consider the disputed territory and Chinese can “fly, swim and act wherever permitted by international law”.

Islands – the problem is solved

Deputy Director of the Institute for Far Eastern studies, an expert on China, political analyst Andrei Ostrovsky said in an interview with the newspaper VIEW that the decision of the Hague Tribunal will lead to the fact that China will further strengthen its army in the South China sea.

“The question of ownership of the Islands does not specify the Hague court. For this to be established a special Commission of historians, etc. in short, this issue should be resolved in a completely different way. The decision of the Hague court will have only one result: China will strengthen the armed forces, will put more money in the army and Navy. In particular, Beijing will strengthen their hand in the direction of the South China sea,” – said the expert.

“We are talking about vast territories in the South China sea. On Chinese maps, they are marked as “Chinese territory”. The lawsuit in the Hague court filed Philippines. There is a new President, and they decided to go this way. China in turn offers to resolve this issue through diplomacy and negotiations”, – said Ostrovsky.

The source added that the Chinese government has already defined its policy towards the Islands in the South China sea. “I was on a plane to China and read a great article in the official Chinese media China Daily. It was called “Why China will never recognize the decision of the Hague court”. For Beijing this is a closed issue,” – said the analyst.

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