张召忠一语惊醒中国人:南海主权告到联合国都没用 2011-09-12 02:10 #1
http://www.chnqiang.com/article/2011/09 ... 25_2.shtml
"UN cannot decide S. China Sea dispute."
In the article quoted above, I had said that it is not necessary for China to take the case to the World Court. Furthermore, the law is often uncertain because judges can interpret laws in many different ways. In cases of sovereignty, the judges will base their decisions on common laws, customary laws, precedents, etc. which are oftentimes contradictory, making decisions nothing more than crapshoot. Therefore, China must not take the case to the World Court.
The invading countries mostly rely on "effective occupation and control" as their main legal basis for their claims. But occupation must be based on terra nullius. That is, a country can only enter a land that is "terra nullius" or empty land that does not belong to any country. A country can not legally invade a land that is already the sovereign territory of another country and through "effective occupation and control" establish sovereignty over it. If this were legal, then any country can invade any other country and colonize it and then declare it has sovereignty over it after a few years of "effective occupation and control". Furthermore, if invasion and occupation is internationally legal, then China can also simply invade these islands and then declare its sovereignty after a few years.
The point is that the World Court judges might use "effective occupation and control" as the basis for giving sovereignty to these invading countries. But the truth is China has established its sovereignty over thousands of years and has never given up its sovereignty which means China has the right to use force to defend its sovereign territories with military force. Unfortunately, the judges may decide that since China did not try hard to get back its islands, such neglect could be interpretted as evidence of abandonment thus making these islands "terra nullius" and therefore can be occupied and controlled by any countries. This is why China must not continue to propose "joint development" which might be used as legal evidence against China's sovereignty. After all, how could any nation offer its own sovereign territories for "joint development" with other nations? In the end, China is not acting in ways consistent with its status as the sovereign owner of these islands. If China kept on promoting "joint development" then it is in fact demoting itself to be just one of many equal claimant to these islands all of whom have equal rights to sovereignty. Therefore, China must stop promoting joint development and act immediately to use force to take back these islands and reestablish its sovereignty in the eye of the international law through "effective occupation and control". Time is not on China's side if status quo were maintained. Tabling dispute and promoting joint development are big swords that will cut off China's sovereignty for these islands. While the Chinese leaders might think they are being benevolent and peaceful, they are in fact being stupid and cowardly. They are in the process of losing a critical part of China's sovereign territories and will be condemned by the Chinese people for ten thousand years!!!!!
张召忠一语惊醒中国人:南海主权告到联合国都没用 2011-09-12 09:34 #2
强盛 威严 博爱 之中国
张召忠一语惊醒中国人:南海主权告到联合国都没用 2011-09-12 20:58 #3
China should stop "turning the other cheek" and instead "打得一拳开". Fight a victorious war and win the respect of the international community by defending its righteous sovereignty which is what any respectable country would defend. Things will go easier and smoother for China with more respect. Foreigners always fear those who are powerful and attack those who are weak. It is nonsense that 树大招风。The stronger China appears the more other countries will respect China and be more willing to cooperate with it. Above all they will be more willing to do more businesses with China which is what the money grubbing Chinese foreign traders want anyway.