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The Arbitration Panel’s Ruling Will Back Fire

Popularity 6Viewed 6618 times 2016-7-23 09:55 |System category:News| University


Han Dongping

Guest Professor of Hebei University

Professor of Warren Wilson College

 

The long awaited, though illegal, ruling of the Arbitration Panel of the Permanent Court is out finally.   In response, the Chinese Government has issued a strong statement reiterating China’s position that it will defend its territory integrity in the South Sea, which is expected.    The Filipino Government sought the ruling of the Arbitration Panel of the Permanent Court to gain some advantage in its disputes over the South China Sea.   Now it seems that the ruling will back fire in the end, and will only stiffen the Chinese Government’s will and determination to defend its territorial integrity in the South China Sea.

 

The Arbitration Panel of the Permanent Court has violated the established practice of the international law from the very beginning.   When China expressed its opposition that it would not participate or accept its ruling, the Arbitration Panel of the International Court had no legal basis to exist, let alone to make the ruling.

 

The reason that the Arbitration Panel of the International Count dared to continue its existence and make the ruling, and challenge the territory integrity of China, a permanent member of the UN Security Council, despite China’s reaped announcement of its position of non participating and non-accepting its ruling, is because it served the strategic interests of the United States in the region.

 

Ever since the end of the Cold War, the U.S. has been trying to undermine China’s rise in the region and in the world by encouraging Philippines and other countries to challenge China’s long established sovereignty over the South China Sea and occupy some of the islands claimed by China. The Filipino Government’s decision to seek the ruling through the Arbitration Panel of the Permanent Court would prove counter productive.   Apparently, it underestimated China’s determination to defend its territorial integrity, and at the same time overestimated the U.S. ability to help Philippines gain territorial advantage.    It is in the U.S. strategic interests to see Philippines challenge China and causing trouble for China.   But it is not in the U.S. national interests to fight for Filipino territorial gain.   Philippines can not count on the U.S. support in its disputes with China in the long run.

 

The U.S. instigation of Philippines and others to challenge China’s territorial integrity will become a case of lifting a stone to strike its own foot in the end as well.   The U.S. hoped to intimidate China into submission by sending Gunboats and Carriers to the South China Sea to challenge China’s territorial claims there.   But U.S. threatening activities at China’s front door has aroused Chinese people’s anger and indignation.   The Chinese people demand its government to respond firmly to the American threat.   In response to the popular demand, Chinese Government has been building its military capabilities in the South China Sea ever since Filipino Government unilaterally sought arbitration on the South China Sea disputes.  

 

Apparently, the U.S. also underestimated China’s determination to defend its own territorial integrity.  The current Chinese Government under Xi Jinping will not allow the U.S. to blackmail Chinese people through its policies of sending gunboats and carriers to the South China Sea.   As Dai Bingguo, the head of the Chinese Government delegate to Washington said recently that U.S. policy of sending gunboats and carriers to the South China Sea will not intimidate China.  Even if the U.S. send all its ten carriers to the South China Sea, it will not be able to scare China into submission. 

 

Now the ball is back to Filipino Government and U.S. Government.  What can Filipino government and U.S. Government do in face of China’s strong defiance?  In today’s world, a country can only claim a territory when it can effectively defend it.   As China build up its military capability in South China Sea, China’s will and ability to defend what it considers its territory will force any country including the U.S. to think twice before they take any action.   The age of using gunboats and carriers to scare China and the Chinese people is over.   The ruling of arbitration panel of the Permanent Count will go done history, as Chinese Foreign Minister Wang Yi stated, simply as a joke, and inadvertently strengthens China’s position in the South China Sea.  

 

  

 

(Opinions of the writer in this blog don't represent those of China Daily.)


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Comment Comment (8 comments)

Reply Report voice_cd 2016-7-27 17:49
Thanks for sharing your story here, we have highlighted it.
Reply Report HailChina! 2016-7-28 12:15
I have just been reading about all the street murders in the Philippines that the new President has encouraged. I was wondering why I have not heard Obama or any western leaders condemn what has been happening in Philippines as human rights abuses. Do you think the Philippines are getting a free pass on what they are doing because of them helping USA on South China Sea? What is happening in Philippines is shocking to me and I am shocked that the west has been so silent on these Philippines human rights abuses.

I am against drugs but oh my god.
Reply Report Dracarys 2016-7-29 22:11
Every country only can fulfill the dream of democracy and freedom in its land .. as for the rest of the world only UN can do nothing ..
Reply Report hotmarycorleone 2016-7-31 19:40
HailChina!: I have just been reading about all the street murders in the Philippines that the new President has encouraged. I was wondering why I have not heard O ...
May I know who are the murderers and the casualty in the street murder case you are talkin' about?  Who do the killings? And who are those people they killed or they tried to kill?
Reply Report HailChina! 2016-7-31 22:39
Yes. Apparently the Philippines President is some kind of lunatic and he has told his citizens to run around and kill all of the nations drug dealers and users. So Filipinos have been killing hundreds of the druggies in the streets and just leaving the bodies. There are dead druggies bodies all over the Philippines apparently. Apparently the Filipino President has said that he is "not afraid of human rights" which I think means that he is fully aware that what he is encouraging is against international law but he doesnt care. Now I hate the druggies as much as the next guy but can we really trust mobs of Filipino vigilante druggie killers not to make mistakes or that innocents are not getting caught up in this? And it is just wrong for a leader to kill other citizens on the streets. There seems to be no rule of law in the Philippines right now and it is worrisome. Yet the western leaders seem silent on this and I can only suspect the reason is because the Philippines are so vital to the US Governments attack on China over the South China Sea. It would seem bad if Americas 'The Hague' ruled in favour of a wild lawless nation that is being led by a lunatic I am guessing.
Reply Report hotmarycorleone 2016-8-5 13:12
Good to know. Such an informative information from ya'. In your statement  "Now I hate the druggies as much as the next guy but can we really trust mobs of Filipino vigilante druggie killers not to make mistakes or that innocents are not getting caught up in this? And it is just wrong for a leader to kill other citizens on the streets." As far as I know about what I have heard the news about the current extrajudicial killings in the Philippines is very unethical with a cause. If we are going further and define those people who have been a casualties of immoral actions, those are people who claim their own lives, surrender their own faith and dug their own grave. Such situations like this happen even(here in) U.S., Any person who are accused of such wrongdoing and resist and fought, I repeat, resist and fought  in extent to endanger lives of other innocent people other than to any active in duty officers such as police(with a right and legal documents to conduct such as actions, like arrest, search, and seizures) are responsible for executing their power as part of their duty to protect themselves and the society.
Reply Report Newtown 2016-8-23 10:45
So the author claims that a country can only claim territory when it has the ability to "effectively defend it". This is a version of "might is right" and Mao's priciple that "power comes from the barrel of a gun". But it's good to know that the Japanese armies in WW2 had sufficient military power to defend their control of many areas of China.
Reply Report HanDongping 2016-9-2 03:32
Yes, if China did not defeat Japan at the end of WWII, China would still be occupied by Japan.   The U.S. defeated the Japanese in WWII, it still has more than one hundred basis in Japan, in a way still occupying it.

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HanDongping

Professor of Warren Wilson College in the US.

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