A giant ‘asleep’ in incivility | Inquirer Opinion

A giant ‘asleep’ in incivility

/ 12:23 AM March 08, 2014

Why do China’s leaders refuse to recognize the authority of the United Nations when this is the place to settle disputes between/among nations, and the main purpose for which it was formed is to maintain world peace and promote progress?

What’s in their minds? If indeed they believe that they have an indisputable claim to the body of waters they say is China’s, why are they defying the UN and bullying their neighbors? Don’t they realize that with their hostile, provocative acts, they are in effect going against the whole world? Which should provide them more reason to dread the thought of war.

China’s leaders mistakenly believe that the United Nations has granted them the immunity from settling disputes by citing an obscure provision in the UN Convention on the Law of the Sea (Unclos) which follows:

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“The Government of the People’s Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention.”

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What’s baffling is that China was the country that ratified the 1982 Unclos, and it was China and China alone that made the additional declaration which states exactly the provision cited above and referred to in paragraph 1 (a), (b) and (c) of Article 298 of the convention.  Note that this declaration came about as a result of the deliberations on reducing the “bilateral relationship to the lowest level.”

China’s international law scholars argue that their country should be open-minded about the international judicial system and submit to a civilized way of solving and resolving issues with other nations.

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In his book, “Toward a New Framework for Peaceful Settlement of China’s Territorial and Boundary Disputes,” author Junwu Pan wrote: “Dr. Jao Fengun pointed out that China’s negative attitude to the ICJ [International Court of Justice] is in contradiction with its promise to respect international law.

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Prof. Huang Deming said that China should not exclude other peaceful methods when it tries to resolve its territorial and boundary disputes through negotiations and consultations. One scholar explained that states need peace and peace needs law, and law needs the court. Dr. Zhu Fenglan even suggested that China should use the ICJ or the Itlos [International Tribunal for the Law of the Sea] to settle its maritime boundary dispute… if diplomatic negotiations fail.  Many other Chinese scholars made similar recommendations.”

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Get it right, friends, by getting the facts straight from truth.

I thought China was no sleeping “giant” anymore.

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Hey!

—RENI M. VALENZUELA,

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TAGS: China, opinion, territorial dispute, UN, Unclos, West Philippine Sea

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