THE HAGUE, Netherlands – An international tribunal rejected China's extensive claims in the South China Sea in a landmark ruling Tuesday that also found it had aggravated the seething regional dispute and violated the Philippines’ maritime rights by building up artificial islands that destroyed coral reefs and by disrupting oil explorations.
While the decision is seen as a major legal declaration regarding one of the world's most contested regions, China immediately rejected it as a “farce” and the true impact is uncertain given the tribunal has no power of enforcement.
While the findings cannot reverse China's actions, it still constitutes a rebuke, carrying with it the force of the international community's opinion. It also gives heart to small countries in Asia that have helplessly chafed at China's expansionism, backed by its military and economic power.
“The Philippines strongly affirms its respect for this milestone decision as an important contribution to ongoing efforts in addressing disputes in the South China Sea,” Philippine Foreign Secretary Perfecto Yasay said in Manila, calling on “all those concerned to exercise restraint and sobriety.”
Former Foreign Secretary Albert del Rosario, who helped oversee the filing of the case, said the ruling underscored “our collective belief that right is might and that international law is the great equalizer among states.”
Del Rosario stressed that it was important for the ruling to be accepted by all.
“For the sake of maintaining international order, it is imperative that the Award and clarification of maritime entitlements be accepted by all relevant countries – without exception – so that we can work together on how remaining issues can be peacefully resolved,” he said。和平解决只能存在在幻想之中了。
China and the Philippines are among six governments that have overlapping territorial claims in the South China Sea, waters through which an estimated $5 trillion in global trade passes through each year and which have rich fishing stocks and a potential wealth of oil, gas and other resources.
The disputes have also increased friction between China and the United States, which has ramped up its military presence in the region as China has expanded its navy's reach farther offshore.
The U.S. said the ruling was an important contribution to peacefully resolving South China Sea disputes and called on both parties to comply with their obligations under the ruling, according to a statement from State Department spokesman John Kirby. It did not immediately comment on the contents of the ruling.
The Philippines, under a U.N. treaty governing the seas, asked in 2013 for arbitration on a number of issues it had with China.如果能够平等对话,菲国会提交国际仲裁吗?
The five-member panel from the Permanent Court of Arbitration in The Hague, Netherlands, unanimously concluded that China had violated its obligations to refrain from aggravating the dispute while the settlement process was ongoing.庭长是日本人,他能作到一致裁决吗?中国人从上到下都害怕打官司,关键的问题还是“找关系”的思想在作怪,总认为有人好办事。
It also found that China had interfered with Philippine petroleum exploration at Reed Bank, tried to stop fishing by Philippine vessels within the country’s exclusive economic zone and failed to prevent Chinese fishermen from fishing within the Philippines’ exclusive economic zone at Mischief Reef and Second Thomas Shoal.
China, which boycotted the entire proceedings, reiterated that it does not accept the panel’s jurisdiction. China “solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it,” a statement from the foreign ministry said.政治语言还是要讲的,问题是不能止步于此,必须开始行动,一方面雇佣顶尖级的国际法专家,从法律方面搜集证据以备抗诉;另一方面加强国际斡旋,从政治方面入手,争取众多国家从政治方面对判决的质疑;三方面加强护渔和海疆巡逻,从军事方面做好准备,不打则已,打就打痛他。关键要提前做好预判和准备。中国将面临双线作战(朝鲜方向和南海),甚至三线作战,加上西藏和印度接壤的地方。不可大意!
It added that “China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards.” The ministry repeated China's often-expressed stance that the Philippines’ move to initiate arbitration without China's consent was in "bad faith” and in violation of international law.
A professor of Asian political economy said the ruling could be a “transformative moment” in the region.这是肯定的。
Speaking outside the Peace Palace in The Hague, Leiden University professor Jonathan London said the decision will “give countries with a common interest in international norms something to point to and to rally around.”
He said they can say to China: “Look, here are the results of an international organization that has found that your claims have zero historical basis.”这是从历史上否定中国的主权声索,搞历史的就不要挖人家祖坟了,干点正事儿吧。
Japan’s Foreign Minister Fumio Kishida said the tribunal’s decision is “final and legally binding” and that the two sides should comply with it. He said in a statement that “Japan strongly expects that the parties’ compliance with this award will eventually lead to the peaceful settlement of disputes in the South China Sea.”魑魅魍魉跳出来了。
China considers bilateral talks with the other claimants the only way to address the South China Sea disputes.
It has said vast areas of the South China Sea have been Chinese territory since ancient times and demarcated its modern claims with the so-called nine-dash line, a map that was submitted under the U.N. treaty. Manila brought the case to arbitration because China’s claims infringe upon its own 200-mile exclusive economic zone.这是最操蛋的声明!自古自古,自到什么时候的古?中国的疆土自古就是不断变更的,人家可以利用你的自古论打你的脸,把西藏新疆蒙古东北统统分裂出去。忘记你那愚蠢的自古论把。现在是现在,古代是古代。
The tribunal said that any historical resource rights China may have had were wiped out if they are incompatible with exclusive economic zones established under the U.N. treaty, which both countries have signed.这就是中国官僚文化造成的恶果!什么事儿,只追求一时的高大上,结果自投罗网。赶紧雇顶尖级的国际法专家从法律上做细致的工作罢。
It also criticized China for building a large artificial island on Mischief Reef, saying it caused “permanent irreparable harm” to the coral reef ecosystem and permanently destroyed evidence of the natural conditions of the feature.
The new Philippine leader, who took office late last month and has spoken of having friendlier relations with Beijing, could influence the aftermath of the ruling. President Rodrigo Duterte said last week his government stood ready to talk to China if it gets a favourable ruling. It remains to be seen, however, how far Duterte can stray from Manila’s previously critical stance, given his country’s growing nationalist sentiment against China’s actions.这是甩了那些“找关系”论者的一个大耳刮嘛,当时杜特而特刚上台,很多中国人认为他会为中国利益考虑,太愚蠢了,他们忘记了,人家是菲国总统!!!
Vietnam, meanwhile, accused Chinese vessels of sinking a Vietnamese fishing boat in disputed waters. Nguyen Thanh Hung, a local fisheries executive in the central province of Quang Ngai, said two Chinese vessels chased and sank the Vietnamese boat around midday Saturday as it was fishing near the Paracel islands. The five fishermen were rescued by another trawler around seven hours later.
Vietnam was among several claimants welcoming the ruling in the Philippines’ case.
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Gomez reported from Manila, Philippines. Associated Press writers Gillian Wong in Beijing, Mari Yamaguchi in Tokyo, Vijay Joshi in Bangkok and Teresa Cerojano in Manila contributed to this report.