Shen Dingli, speaking to reporters after his speech in a forum “What is to be done?: Resolving Maritime Disputes in Southeast Asia” organized by the Angara Centre for Law and Economics at Marriott Hotel last Thursday, said it was a mistake for China to have joined the 1982 UNCLOS, “an international treaty that provides a regulatory framework for the use of the world’s seas and oceans to ensure the conservation and equitable usage of resources and the marine environment and to ensure the protection and preservation of the living resources of the sea.”
UNCLOS also addresses such other matters as sovereignty, rights of usage in maritime zones, and navigational rights, the UN website states.
“We should not have joined UNCLOS,” Shen said.
Shen, a professor of international relations at Fudan University, qualified his statements as “personal” but everybody knows that no one in China speaks in international without the permission of the government. That means, what he says, has the tacit approval of the government.
A highly regarded academician, Shen is the founder and director of China’s first non-government-based Program on Arms Control and Regional Security at Fudan University. His research areas cover China-US security relations, nuclear arms control and disarmament, nuclear weapons policy of the United States and China, regional non-proliferation issues concerning South Asia, Northeast Asia and Middle East, test ban, missile defense, export control, as well as China’s foreign and defense policies.
Shen received his PH.D in physics from Fudan University and did his post-doctorate in arms control at Princeton University.
UNCLOS came into force on November 16, 1994 after the requisite 60 countries’ ratification. As of November 7, 2012, 164 States have ratified, acceded to, or succeeded to, UNCLOS including the Philippines and China .(The United States, although it recognizes it as general international law has not ratified it.)
Asked what China would do if the UN Arbitral Court under UNCLOS where the Philippines lodged a suit to declare China’s nine-dash line map illegal, upheld the Philippine position, Shen said, “We don’t care a bit.”
China’s 9-dash line covers some 85 per cent of the South China Sea and encroaches on the territory of other countries including the Philippines, Brunei, and Malaysia. Taiwan and Vietnam.
China has refused to participate in the UN judicial process. Although Philippine officials said the U.N does not have to the mechanism to compel China to abide by the decision. Neither does the Philippines have the naval might to implement it.
But it will be a blow to China’s international image, which leaders are sensitive about.
“If China quits UNCLOS, it will not be bound by it,” he said adding that the Asian superpower can quit UNCLOS anytime it wants to.” China has a right not to be party to it. Anybody can quit the treaty if the treaty is not to its interest.”
Shen said there are four ways to settle a territorial conflict like what is straining Philippine-China relations: war, UN tribunal, negotiation, mediation.
He said the Philippines opted for the UN tribunal while China wants negotiations. He suggested to try out mediation by a neutral country like India.
Mag quit man o hindi ang China sa UNCLOS, wala silang paki-alam sa mga bansang maliit sa kanila.
Kung malakas ang navy at airforce ng Pinas, magdadalawang isip muna ang hinayupak na iyan bago gumawa ng kagaguhan. Gusto nila ng negotiation, pero hindi negotiation ang tawag sa gusto nilang mangyari “gaguhan.”
Ngayon ang suggestion niya ay mediation by a neutral country like India. Hindi ba’t pinapasok na rin nila ang teritoryo sa India?
Maganda pa yung suggestion ni Rep. Roilo Golez. Bili ng Brahmos missiles. Mas mura kaysa sa frigates. Maglagay sa Luzon, Mindoro at Palawan. Ganda diba?
Yung mga WHEC’s natin lagyan muna ng tetral. Tapos si Nancy Binay ibala sa kanyon.
Mag quit iyan dahil alam nilang tagilid sila sa arbitration process. Sabi niya kung matalo sila sa procedure “we dont care a bit.”
Ganito talaga ang epekto sa mga tao na ang pagkain araw-araw ay may vetsin kundi man peke. Gagaguhin ka ng harap-harapan.
The suggestion of Rep. Golez is originally based from this:
An excerpt from former Sen. Rene Espina’s article, “Cabbage Strategy”:
“……… our action in bringing the matter to the UN Arbitration Tribunal for compulsory arbitration is substantially advantageous. But we should not allow the bullying actions of the People’s Republic of China in the West Philippine Sea to continue without a proper response. First before we can even determine what the Philippine reaction would be, let’s all agree that our attitude as a nation would be like that of the “red ants.” When an animal tramples on a red ant hill, their “warrior ants” come out to fight; not even a panda would escape their wrath.
Let those who think they can scare us realize that we are like red ants. We will defend our territory with whatever resources we have. By all means let us acquire the necessary armaments that will produce the most effective defensive and offensive capability with the least cost and, at the same time, with the least vulnerability.
…………… we should stop buying second-hand armaments like the refurbished US Coast Guard Ships. They could become sitting ducks against the PLA Navy which has missiles. Ships and airplanes are just platforms for weapons, so that they can be carried and brought for action in the theater of operations. We are facing a PLA that has numerous ships, airplanes, and helicopters. So, two US Coast Guard Ships which the Philippine Navy has just acquired are nothing compared to the strength of the PLA Navy. Instead why don’t we acquire state-of-the-art missiles that will provide defensive and offensive capabilities that will at least cover our territorial waters as well as the exclusive economic zone in the West Philippine Sea. Let’s use the “BRP Palawan,” “Mindoro” and “Zambales” – “our unsinkable aircraft carriers.”
…….. these provinces can be armed with missiles that cover the Spratlys as well as Scarborough. Perhaps with the existence of such “unsinkable warships,” our diplomatic initiative to settle peacefully our dispute will be addressed by the opposing party with serious consideration.
In realpolitik, foreign relations can be conducted with better chances of success when that country has the means to credibly defend its territory.”
Agreed, Golberg, gaguhan ang gusto ng China. Papatayin nila lahat ang tao sa mundo sa pagkain ng vetsin para kanila lahat ang mundo.
Ang pagkakaisa lang ng Asean nations against China’s superpower ambition ang baka makabalanse sa kaululan nito.
“We don’t care a bit”. Signal na ito para maghanda ng epektibong stratehiya ang lahat ng bansa na ninanakawan ng pag-aari.
I don’t think China will opt out UNCLOS or isolation and economic embargo shall have chain effect globally, which will make no sense at all their provocative actions to advance their ill motive of gaining control over all the oil rich provinces. They would rather indulge in war game, the impending annihilation of the entire region?? LOL!!!
We really don’t know what China’s real motive is. But her behavior tells us that she’s provoking war. If this continues, WW3 shall come from Asia-Pacific not from the Middle East as predicted.
I still believe the Chinese people want peace and don’t agree with their government. But they are not free to voice out much more protest openly or else suffer the same fate as in that Tian An Men massacre.
So far, China’s conflict is focused on Japan and the Philippines. Between Japan and the Phil, China hates Japan the most. China and the Phil were both victims of Japanese atrocities. Japan’s abuse of China goes back hundreds of years. The Chinese shall never forget the Rape of Nanking. The US is caught in the middle between China and Japan as well as the Phil. Outwardly, the US says that she’s ready to defend Japan and the Phil. But deep within, America would think not just twice but thrice before fulfilling this promise and obligation. For one thing, the US’s debts to China is thousands of billions. Many US manufacturing plants are in China. The US needs Chinese products to feed her people.
Militarily, the US is still superior to China. But for sure, China will give US a good fight if this comes to that point. As for the Phil, we could only watch the two giants slug it out.
Tama po kayo Mang Mags.
Itong gobyerno natin, may pagka tanga. Bibili rin pala ng 2nd hand ng gamit 68yrs old pa. Sana binili na lang yung Maestrale class mula sa Italya. More than 20yrs old lang siya. Package deal pa yun kung di po ako nagkakamali.
Sa mga kaganapang ito, mangyayari lang ulit kung ano ang naganap matapos ang WW1. Ang prize ay Pilipinas. Ang pawn ay Pilipinas din.
lagi ko nang sinasabi lalo’t ang paksa ay tungkol sa pagtatanggol ng ating soberenya NA ang dapat gawin ng ating mga namumuno sa alinmang administrasyon AY ipunin, pagbuklurin at sanayin sa tamang pamamaraan ng pakikidigma ang ating lakas tao, bigyan ng makabagong armas at ikintal sa bawat isipang ang ipaglalaban ay para sa kinabukasan ng susunod na salinlahi.
problema nga la’ang sa alinmang nagdaang administrasyon AY mas inuna ang pag-aalaga ng mga patabaing asong alaga.
problema nga la’ang sa alinmang nagdaang administrasyon AY mas inuna ang pagpapadami ng mga patabaing asong alaga.
Naku ibala na lang natin sina pandak, JNapo, Tanda, Sexy, Pogi at baboy sa kanyon. Baka matakot pa ang mga tsingkit at umurong sa pang ankin ng teritoryo. Mga salot na naman ang mga ito eh. Isama na si Kulingling Siradora.