欢迎, 游客
用户名: 密码: 记住我
01 四 2018
各位老友,若有老ID需要找回,请尽量回忆相关细节比如ID名称、注册时间、注册邮箱之类,联系我们可以解决。

浩如烟海
2018年4月1日
在不违背道德和法律的前提下,一切不合于其它版块的帖子,均可发表于此。
  • 页:
  • 1

主题: UN cannot decide S. China Sea dispute.

UN cannot decide S. China Sea dispute. 2011-07-21 14:03 #1

  • Liang3a
  • Liang3a的头像 Topic Author
  • 离线
  • 版主
  • 版主
  • 帖子: 298
  • 感谢您收到 0

www.wantchinatimes.com/news-subclass-cnt.aspx?cid=1101&MainCatID=&id=20110619000146

The Philippine Deputy Presidential Spokesperson Abigail Valte said the country maintains its policy towards a "rules-based settlement approach" and a "multilateral approach" to settling the Spratlys' dispute. "We should exhaust all diplomatic means and be rules-based - based on the UNCLOS and the existing international law - in settling the dispute in the West Philippine Sea," said Valte.


cil.nus.edu.sg/wp/wp-content/uploads/2009/09/Beckman-Davenport-CLCS-HCMC-10-12Nov2010-1.pdf

UNCLOS does not deal with sovereignty
over territory. Under international law sovereignty claims are governed by the rules and principles of customary international law on acquisition of territory.


www.nationsencyclopedia.com/United-Nations/The-International-Court-of-Justice-COMPETENCE-AND-JURISDICTION-OF-THE-COURT.html

Thus, the court (International Court of Justice or World Court) cannot proceed to adjudicate a case unless all parties to the dispute have consented that it should do so.



UN cannot decide S. China Sea dispute.

At the top of the above quotes is a propaganda statement of the Philippines that sounds to many reasonable people to be very rational and peaceful. But the truth is it is full of misdirection. The UNCLOS, as is explained by the second quote above, has nothing to do with the dispute over sovereignty of islands and other features in any disputes over sovereignty. The UNCLOS only provide rules on how to define such things as EEZ or exclusive economic zone and such related questions as the extent of the EEZ. The Philippines government has been ignorant of what the UNCLOS provide and thought UNCLOS will adjudicate question of sovereignty which in fact it does not. The UNCLOS has provided that a coastal nation may have up to 200 nautical miles of EEZ provided it does not over lap the EEZ of other coastal nations. The question of EEZ simply does not come up until the question of sovereignty has been resolved. Since China has sovereignty over the Nansha A. as well as having establish its territorial sea boundaries, the EEZ as provided by UNCLOS simply cannot legally intrude into China’s sovereign territorial sea and certainly cannot convert sovereignty from China to the Philippines.

Therefore, the Philippines simply has nothing to take to the UN. UNCLOS simply does not deal with the sovereignty issue. I wish the Philippines government would stop talking about taking the matter to the UNCLOS and actually does take it to UNCLOS. Then UNCLOS can quickly reject Philippines’ request for adjudication and reveal it to be a fool that it is.

The UN Security Council and General Assembly don’t have any mandates to try court cases. Therefore, the Philippines can only take it to the International Court of Justice or World Court. But, as is explained by the third quote above, the World Court does not have jurisdiction over any case unless both parties agree to allow it to try the case. This means the Philippines cannot file a court case with the World Court and get the World Court to summon China to appear before it to answer the charges filed by the Philippines. The World Court simply does not have the jurisdiction to compel China to appear before it.

I don’t know what UN meeting it was that the Philippines had attended. It certainly cannot decide the sovereignty of any island in the S. China Sea. Nor do I know what law the Philippines is referring to of which it wants China to adhere to. In fact China has adhered to the international customary law of establishing sovereignty through historical evidence. If the Philippines government desires it, the Chinese government would certainly be happy to show it to it. Therefore, it is China who is adhering to the rule of law and the Philippines who is acting like a frustrated spoiled bratty thug creating a disturbance at the UN by threatening to bring specious charges against China which would have amounted to malicious prosecution which is not according to the UN law.

Therefore, all the nonsense being spouted by the Philippines government is merely propaganda without truth and has no bite. UNCLOS has nothing to do with sovereignty issues. The World Court cannot summon China to appear before it to answer Filipino charges. Furthermore, China has established its sovereignty over S. China Sea archipelagos over thousands of years. It is time for China to simply slap this thuggish rogue down by using righteous force to protect its sovereignty established over thousands of years.

Please 登录注册一个帐号 to join the conversation.

  • 页:
  • 1
管理者: Liang3a
创建页面时间:0.128秒
核心: Kunena 论坛