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markwu Post time: 2017-1-31 12:44
"The soldiers will be singing songs, playing games, and having a jolly good time..."
And the admir ...
China may be a lawless inside its borders, but the real world it doesn't quite work that way....[b/]
This is written by my wife's (PT) taken off her flash-drive about China's delusional claims:
Zou Keyuan, Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire, United Kingdom, states in his published book that possible EEZ of the Spratly Archipelago is ignored in the Philippines' unilateral EEZ claim. Sovereignty over land territory always controls maritime jurisdiction. The Philippine argument of EEZ of the case may be an effort to muddy the juridical water and to try gain some international support for its weak sovereignty claim.
Helmut Türk, president of International Seabed Authority and former Judge of ITLOS said that arbitral tribunals have few people than ITLOS. It lacks representative and authoritative. Different minor opinions would lead to fragmentation of international judicial decision and damage the principle of stare decisis, which is against the purpose and integrity of UNCLOS and the trend of the international law.
Tom Zwart, Professor of Law, Utrecht University, and Director of the Cross-Cultural Human Rights Centre, and Ruikun Sun, Fellow at the Netherlands School of Human Rights Research state that the case has so many actors and can affect many interests, that the binary format of a court case between 2 parties can never do justice to all. It also breaks the culture of harmony in Asia. As a result, the dispute should not be handled by a judicial tribunal.
Wu Shicun, president and senior research fellow of the National Institute for South China Sea Studies, says that China’s claims are based on historic evidence. Philippines' occupation of South China Sea islands is illegal. The arbitration is against international law, and the only way for a peaceful resolution is to respect the commitment to negotiations.
Stefan Talmon, director of the Institute of Public International Law at the University of Bonn, states that the Permanent Court of Arbitration does not have jurisdiction over territorial issues which are governed by customary international law, not UNCLOS.
Legal scholar Anthony Carty of University of Hong Kong states in a published book that the case has been criticized and the Arbitration Tribinal now faces a claim which is not justiciable.
Antonios Tzanakopoulos, associate professor of public international law at the University of Oxford, states in his published paper that the dispute of the case is obviously about sovereignty and maritime delimitation. Sovereignty and maritime delimitation are beyond the stipulation of the UNCLOS.
Abdul G. Koroma, former judge of the International Court of Justice, states that a tribunal is not allowed to pass judgement on a territorial and boundary dispute since a tribunal doesn't have competence nor power to judge such matter.
The ol' saying goes, "Mere rhetoric will be all over the lands and sea's and its people will have a lot of unwelcomed company in many languages from every direction"