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Tribunal rejects China’s claims in South China Sea

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An international tribunal, Permanent Court of Arbitration (PCA), has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippine, declaring that there was no evidence that China had historically exercised exclusive control over the waters or resources.

The tribunal ruling in a sweeping decision on July 12, obviously under strenuous US pressure tactics, that China has no legal basis for claim has further aggravated the seething regional dispute with its large-scale land reclamation and construction of artificial islands that destroyed coral reefs and the natural condition of the disputed areas.

The tribunal 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.

Ruling on a variety of disputes the Philippines asked the tribunal to settle between it and China, the five-member panel unanimously concluded that China had violated its obligations to refrain from aggravating the dispute while the settlement process was ongoing.

The Philippines, which sought the arbitration ruling, welcomed the decision, and China rejected it outright. “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,” Foreign Secretary Perfecto Yasay said in Manila. He pledged to pursue a peaceful resolution of his country’s territorial disputes with China.

The ruling is binding on both countries under a UN treaty that both have signed, but there is no policing agency or mechanism to enforce it. The tribunal said that any historic rights to resources that China may have had were wiped out if they are incompatible with exclusive economic zones established under a UN treaty.

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.

China called the ruling “ill-founded” and says it will not be bound by it. China claims almost all of the South China Sea, including reefs and islands also claimed by others.

The ruling came from an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), which both countries have signed. The ruling is binding but the Permanent Court of Arbitration has no powers of enforcement. The US sent an aircraft carrier and fighter jets to the region ahead of the ruling. Meanwhile, the Chinese Navy has been carrying out exercises near the disputed Paracel islands.

Philippe Sands, a lawyer for the Philippines in the case, said it was a “clear and unanimous judgment that upholds the rule of law and the rights claimed by the Philippines”. He called it a “definitive ruling on which all states can place reliance”.

However, the China said that “as the panel has no jurisdiction, its decision is naturally null and void”. In a statement, the Chinese foreign ministry said China was the first to have discovered and exploited the South China Sea islands and relevant waters, “thus establishing territorial sovereignty and relevant rights and interests”.

The tribunal was ruling on seven of 15 points brought by the Philippines. Among the key findings were: Fishermen from the Philippines and China both had fishing rights around the disputed Scarborough Shoal area, and China had interfered by restricting access; China had “destroyed evidence of the natural condition of features in the South China Sea” that formed part of the dispute; Transient use of features above water did not constitute inhabitation – one of the key conditions for claiming land rights of 200.

There were no celebrations, hardly even a smile in Philippines.. And there’s a reason for that. This is not the same government that first brought this case to the Permanent Court of Arbitration three and a half years ago, in the aftermath of a standoff at Scarborough Shoal. Two weeks ago, Rodrigo Duterte was sworn in as Philippine president. All the indications are that he is more willing to seek accommodation with the Chinese than his predecessor, Benigno Aquino. Here in Manila, many believe that the new president may have sought promises of Chinese investment, in return for a quiet, dignified response.

As already declared, China quickly responded saying it does not accept or acknowledge the tribunal or the ruling. China has long maintained that the tribunal did not have jurisdiction over the dispute. China drafted its nine-dash line to demarcate its claims to virtually the entire South China Sea. Manila brought the case because China’s claims infringe upon its own 200-mile exclusive economic zone.

China, which boycotted the case, summoned its demobilized sailors and officers for training drills in exercises that apparently started just days ago. The People’s Liberation Army Daily newspaper said on social media that Chinese navy reserves have been called up to perform “functional tasks.” The post followed online rumors that reservists in central Chinese provinces were called up for an unspecified mission from July 10-22.

The dispute centers on waters through which an estimated $5 trillion in global trade passes through each year and are home to rich fishing stocks and a potential wealth of oil, gas and other resources. The ruling comes as the USA has ramped up its military presence in the region. However a new Philippine leader who appears friendlier to Beijing could also influence the aftermath of the ruling.

China has argued that the tribunal has no jurisdiction and says it won’t accept the ruling. It has insisted that bilateral talks between Beijing and other claimants is the only way to address the dispute.

In the Philippines, interestingly, more than 100 left-wing activists marched to the Chinese Consulate in metropolitan Manila, yelling, “Philippine territory is ours, China get out.” They called their campaign to push China out of the South China Sea, “CHexit” or “China exit now.”

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.

Findings of the tribunal are binding on the parties, including China. But the court — without police or military forces or a system of sanctions at its disposal — can’t enforce its ruling, so its potential impact remains unclear.

World was looking forward to the Permanent Court of Arbitration in The Hague ruling on July 12 over a case between the Philippines and China over the South China Sea. The case was filed by the Philippines back in 2013 under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS), the primary treaty governing international maritime law—both countries are party to the treaty.

The ruling was expected to determine who will write the navigation rules for South China Sea, and therefore, control trade in the region, China or Philippines’s close ally, the USA. That’s why both China and the USA (with its Asia pivot program) stepped up their presence in the area ahead of the ruling.

Many experts concede it really does matter who controls South China Sea trade, considering that 60% of this commerce goes to China, the US in essence presently controls commerce to China. This means that it is very easy to rationalize what China is doing, they argue. In the 1930’s it was the USA, France, England and the Netherlands which controlled all the commerce passing through the South China Sea.

It was this control that allowed the USA to impose an economic and oil embargo on Japan. This economic aggression led to Japan’s attack on the USA. The aggression against Vietnam was part of the overall plan to keep Vietnam as a colony and in turn retain control of maritime traffic in this part of the world, i.e., China’s backyard.

The US has militarized this area from the Philippines to Korea and added a couple of carriers which in air power alone is 10x what China has done in those islets. What China is trying to do is to gain control of its own commerce or to be better able to defend against any US aggression — and this makes perfect sense. For China it is an existentialist endeavor; for the USA, it is trying to keep world hegemony

It is argued that China and its neighbors should use American power to ease rather than escalate the on-going disputes in the region. “China and its neighbors should see and use American power as backing for peaceful efforts to resolve their disputes, not as an excuse for deferring or avoiding settlement of their differences.

The issues of the South China Sea are too trivial to be allowed to spark armed conflict or trans-Pacific confrontation. The rebalancing of US global strategy toward the Indo-Pacific known as the “pivot” is welcome by Americans ad allies as “timely and appropriate”. But it should lower military tensions between the nations of the Indo-Pacific and thus between China and the USA, not lock these tensions in, still less escalate them. US diplomat Chas W. Freeman says that all disputes are solvable, if those enmeshed in them are willing to make the effort to imagine and pursue solutions to them. The parties need urgently to get on with this. And they deserve American encouragement to do so.

A debate is taking place around who is right and who is wrong and who will benefit from the tribunal ruling. If modern trade is viewed within the traditional mercantile system, where trade is a vehicle of exploration, it benefits only those who control South China Sea trade. But if the trade is viewed within the modern global system where trade is a vehicle of economic growth and prosperity for all parties involved, it doesn’t matter who controls South China Sea trade.

Therefore, China and other regional powers should consider the second option for peace and prosperity for the region, while USA which is not at all linked to the region should help promote peace and tranquility in the region without using the remaining pro-US nations in Asia Pacific against China which is a key financier of US capitalists. While USA opposes and even obstructs development of socialism anywhere in the world by misusing the international financial institutions like World Bank and IMF, China, still claiming to be a communist country, goes all the way out to subsidize US capitalism.

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East Asia

China’s soft power and its Lunar New Year’s Culture

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Authors: Liu Hui & Humprey A. Russell*

As a common practice, China has celebrated its annual Lunar new year since 1984 when the leaders of the day decided to open mysterious country in a more confident and transparent way. So far, the lunar new year gala has become a part of Chinese cultural life and beyond. The question then arises why China or its people have been so thrilled to exhibit themselves to the world, as its economy has already impressed the world by its rapid pace and tremendous capacity.

As it is well-known, in international relations, peoples from different cultural and ethnical backgrounds need to enhance their understanding which eventually leads to mutual respect and tolerance as the key to the world peace and stability. China is well-aware of this norm. As a rising power with 1.3 billion people, it is necessary for China to introduce its culture and notion of the peaceful rise to the audiences globally. Joseph Nye, Jr., the founder of the concept of the soft power, has argued: “The currency of soft power is culture, political values, and foreign policies. During the information age, credibility is the scarcest resource.”In light of this, China has been steadily involved in cultural promotions abroad.

China is an ancient civilization but diplomatically it is a new global player in terms of its modern involvement into the world affairs, particularly in terms of reform and openness. Yet, since China has aspired to rejuvenate itself as one of the leading powers globally, it is natural for the world en bloc to assume Beijing’s intention and approach to the power transition between the rising power like itself and the ruling powers such as the United States and the G-7 club. Consider this, China has exerted all efforts to project but not propagate its image to the world. Here culture is bound to play the vital role in convincing the countries concerned that “culturally China has no the gene of being a threat to other peoples,” as Chinese President Xi has assured. The annual lunar gala is evidently a useful instrument to demonstrate Chinese people, culture and policies as well.

Culturally speaking, the Chinese New Year celebrations can be seen as follows. In a general sense, similar themes run through all the galas with the local cultural and ethnical ingredients, for instance, Chinese opera, crosstalk and acrobatics, as well as the lion-dancing or the dragon-dancing from time to time. Yes, the galas play the role of promoting the Chinese communities over the world to identify themselves with the Chinese culture which surely strengthen the cultural bonds among the Chinese, in particular the younger generations. Moreover, the dimension of the Chinese culture can be found beyond the country since its neighbors like Japan, Vietnam, South Korea and Malaysia, as well as Chinese communities in many other areas also perform those arts at the holiday seasons. The message here is clear that China, although it is a rising great power, has never abandoned its cultural tradition which has emphasized the harmony among the different races and ethnics.

Recently, the lunar new year celebrations across China have invited professional and amateur artists from all over the world. Those foreign guest artists and many overseas students studying in China have been able to offer their talents in either Chinese or their mother tongues. No doubt, this is a two-way to learn from each other because Chinese performers are benefited from the contacts with their counterparts globally. In terms of public diplomacy, Beijing aims to send a powerful and sincere message to the world: China can’t be in isolation from the world because it has aspired to be a great and inclusive country as well. To that end, the rise of China is not going to challenge the status quo, but will act as one of the stakeholders.

As usual, realists have difficulties and even cultural bias to accept the rhetoric from a country like China since it has been regarded by the ruling powers of the world as an ambitious, assertive and communist-ruled country with its unique culture. To that challenge, the Chinese government and the people have done a great deal of works to successfully illustrate Chinese practice of harmony at the societal level idealized by Confucius’ doctrines. This social harmony is made possible only by the realization of the Taoist ideal of harmony with nature – in this case, harmony between humans and nature. This explains why panda and many other rare animals are now viewed as new national symbol of China. Although they are unnecessarily an indispensable part of the lunar new year gala, the viewpoint is that the rise of China would not be completed at the cost of the ecological environment like many other countries did in history.

Practically speaking, the lunar new year celebrations are being conducted in a rich variety of ways such as concerts, cuisines, folk entertainments and even forums and receptions around the world. Major global commercial centers have also served to create a Chinese holiday atmosphere, adapt to the needs of Chinese tourists, attract active participation from local residents, and provide such diversities of cultural and social events. What is worth mentioning is that some Chinese-North American non-profit, non-partisan organizations are beginning to celebrate Chinese lunar gala in partnership with other local counterparts. For instance, the Chinese Inter-cultural Association based in California, recently hosted a Chinese New Year party in a Persian restaurant in partnership with a local non-profit, non-partisan organization called the Orange County Toastmaster Club, part of Toastmaster International. Also, in another Chinese New Year celebration that was open to people of all races in Pasadena, two Americans played the guitar and sang songs in fluent Chinese! Both galas were attended by people of all racial backgrounds around the world. Given this, it is fair to say that China’s soft power supported by its annual lunar new year festival is on the rise globally with a view to promoting mutual respect and friendship among the peoples of various cultural, ethnical and racial origins.

Yet, though the impressive feats are achieved, it has noted that China still has a long way to go in terms of its twin-centennial dreams. First, as a developing country with its unique culture, it is necessary for China to promote its great ancient culture abroad, but it is also imperative to avoid “introducing” China rashly into the globe. Essentially, soft power is more the ability to attract and co-opt than to use force or give money as a means of persuasion. Thereby, it is the very ability to shape the preferences of others through appeal and attraction. As cross-cultural communication is a long process, Nye admitted a few years ago, in public affairs, “the best propaganda is not propaganda.”

This is the key to all the countries. In 2014,President Xi formally stated, “China should increase its soft power, give a good Chinese narrative, and better communicate its messages to the world.” In light of this, Chinese lunar new year gala surely acts as soft power to project the image of China internationally.

* Humprey A. Russell (Indonesia), PhD candidate in international affairs, SIPA, Jilin University.

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East Asia

China’s step into the maelstrom of the Middle East

Dr. James M. Dorsey

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The Middle East has a knack for sucking external powers into its conflicts. China’s ventures into the region have shown how difficult it is to maintain its principle of non-interference in the internal affairs of other states.

China’s abandonment of non-interference is manifested by its (largely ineffective) efforts to mediate conflicts in South Sudan, Syria and Afghanistan as well as between Israel and Palestine and even between Saudi Arabia and Iran. It is even more evident in China’s trashing of its vow not to establish foreign military bases, which became apparent when it established a naval base in Djibouti and when reports surfaced that it intends to use Pakistan’s deep sea port of Gwadar as a military facility.

This contradiction between China’s policy on the ground and its long-standing non-interventionist foreign policy principles means that Beijing often struggles to meet the expectations of Middle Eastern states. It also means that China risks tying itself up in political knots in countries such as Pakistan, which is home to the crown jewel of its Belt and Road Initiative — the China–Pakistan Economic Corridor (CPEC).

Middle Eastern autocrats have tried to embrace the Chinese model of economic liberalism coupled with tight political control. They see China’s declared principle of non-interference in the affairs of others for what it is: support for authoritarian rule. The principle of this policy is in effect the same as the decades-old US policy of opting for stability over democracy in the Middle East.

It is now a risky policy for the United States and China to engage in given the region’s post-Arab Spring history with brutal and often violent transitions. If anything, instead of having been ‘stabilised’ by US and Chinese policies, the region is still at the beginning of a transition process that could take up to a quarter of a century to resolve. There is no guarantee that autocrats will emerge as the winners.

China currently appears to have the upper hand against the United States for influence across the greater Middle East, but Chinese policies threaten to make that advantage short-term at best.

Belt and Road Initiative-related projects funded by China have proven to be a double-edged sword. Concerns are mounting in countries like Pakistan that massive Chinese investment could prove to be a debt trap similar to Sri Lanka’s experience.

Chinese back-peddling on several Pakistani infrastructure projects suggests that China is tweaking its approach to the US$50 billion China–Pakistan Economic Corridor. The Chinese rethink was sparked by political volatility caused by Pakistan’s self-serving politics and continued political violence — particularly in the Balochistan province, which is at the heart of CPEC.

China decided to redevelop its criteria for the funding of CPEC’s infrastructure projects in November 2017. This move seemingly amounted to an effort to enhance the Pakistani military’s stake in the country’s economy at a time when they were flexing their muscles in response to political volatility. The decision suggests that China is not averse to shaping the political environment of key countries in its own authoritarian mould.

Similarly, China has been willing to manipulate Pakistan against its adversaries for its own gain. China continues to shield Masoud Azhar (who is believed to have close ties to Pakistani intelligence agencies and military forces) from UN designation as a global terrorist. China does so while Pakistan cracks down on militants in response to a US suspension of aid and a UN Security Council monitoring visit.

Pakistan’s use of militants in its dispute with India over Kashmir serves China’s interest in keeping India off balance — a goal which Beijing sees as worthy despite the fact that Chinese personnel and assets have been the targets of a low-level insurgency in Balochistan. Saudi Arabia is also considering the use of Balochistan as a launching pad to destabilise Iran. By stirring ethnic unrest in Iran, Saudi Arabia will inevitably suck China into the Saudi–Iranian rivalry and sharpen its competition with the United States. Washington backs the Indian-supported port of Chabahar in Iran — a mere 70 kilometres from Gwadar.

China is discovering that it will prove impossible to avoid the pitfalls of the greater Middle East. This is despite the fact that US President Donald Trump and Saudi Arabia’s powerful Crown Prince Mohammad bin Salman seem singularly focussed on countering Iran and Islamic militants.

As it navigates the region’s numerous landmines, China is likely to find itself at odds with both the United States and Saudi Arabia. It will at least have a common interest in pursuing political stability at the expense of political change — however much this may violate its stated commitment to non-interference.

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East Asia

Chinese extradition request puts crackdown on Uyghurs in the spotlight

Dr. James M. Dorsey

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A Chinese demand for the extradition of 11 Uyghurs from Malaysia puts the spotlight on China’s roll-out of one of the world’s most intrusive surveillance systems, military moves to prevent Uyghur foreign fighters from returning to Xinjiang, and initial steps to export its security approach to countries like Pakistan.

The 11 were among 25 Uyghurs who escaped from a Thai detention centre in November through a hole in the wall, using blankets to climb to the ground.

The extradition request follows similar deportations of Uyghurs from Thailand and Egypt often with no due process and no immediate evidence that they were militants.

The escapees were among more than 200 Uighurs detained in Thailand in 2014. The Uyghurs claimed they were Turkish nationals and demanded that they be returned to Turkey. Thailand, despite international condemnation, forcibly extradited to China some 100 of the group in July 2015.

Tens of Uyghurs, who were unable to flee to Turkey in time, were detained in Egypt in July and are believed to have also been returned to China. Many of the Uyghurs were students at Al Azhar, one of the foremost institutions of Islamic learning.

China, increasingly concerned that Uyghurs fighters in Syria and Iraq will seek to return to Xinjiang or establish bases across the border in Afghanistan and Tajikistan in the wake of the territorial demise of the Islamic State, has brutally cracked down on the ethnic minority in its strategic north-western province, extended its long arm to the Uyghur Diaspora, and is mulling the establishment of its first land rather than naval foreign military base.

The crackdown appears, at least for now, to put a lid on intermittent attacks in Xinjiang itself. Chinese nationals have instead been targeted in Pakistan, the $50 billion plus crown jewel in China’s Belt and Road initiative that seeks to link Eurasia to the People’s Republic through infrastructure.

The attacks are believed to have been carried out by either Baloch nationalists or militants of the East Turkestan Independence Movement (ETIM), a Uighur separatist group that has aligned itself with the Islamic State.

Various other groups, including the Pakistani Taliban, Al Qaeda and the Islamic State have threatened to attack Chinese nationals in response to the alleged repression of Uyghurs in Xinjiang.

ETIM militants were believed to have been responsible for the bombing in August 2015 of Bangkok’s Erawan shrine that killed 20 people as retaliation for the forced repatriation of Uighurs a month earlier.

The Chinese embassy in Islamabad warned in December of possible attacks targeting “Chinese-invested organizations and Chinese citizens” in Pakistan

China’s ambassador, Yao Jing, advised the Pakistani interior ministry two months earlier that Abdul Wali, an alleged ETIM assassin, had entered the country and was likely to attack Chinese targets

China has refused to recognize ethnic aspirations of Uyghurs, a Turkic group, and approached it as a problem of Islamic militancy. Thousands of Uyghurs are believed to have joined militants in Syria, while hundreds or thousands more have sought to make their way through Southeast Asia to Turkey.

To counter ethnic and religious aspirations, China has introduced what must be the world’s most intrusive surveillance system using algorithms. Streets in Xinjiang’s cities and villages are pockmarked by cameras; police stations every 500 metres dot roads in major cities; public buildings resemble fortresses; and authorities use facial recognition and body scanners at highway checkpoints.

The government, in what has the makings of a re-education program, has opened boarding schools “for local children to spend their entire week in a Chinese-speaking environment, and then only going home to parents on the weekends,” according to China scholar David Brophy. Adult Uyghurs, who have stuck to their Turkic language, have been ordered to study Chinese at night schools.

Nightly television programs feature oath-swearing ceremonies,” in which participants pledge to root out “two-faced people,” the term used for Uyghur Communist Party members who are believed to be not fully devoted to Chinese policy.

The measures in Xinjiang go beyond an Orwellian citizen scoring system that is being introduced that scores a person’s political trustworthiness. The system would determine what benefits a citizen is entitled to, including access to credit, high speed internet service and fast-tracked visas for travel based on data garnered from social media and online shopping data as well as scanning of irises and content on mobile phones at random police checks.

Elements of the system are poised for export. A long-term Chinese plan for China’s investment in Pakistan, dubbed the China Pakistan Economic Corridor (CPEC), envisioned creating a system of monitoring and surveillance in Pakistani cities to ensure law and order.

The system envisions deployment of explosive detectors and scanners to “cover major roads, case-prone areas and crowded places…in urban areas to conduct real-time monitoring and 24-hour video recording.”

A national fibre optic backbone would be built for internet traffic as well as the terrestrial distribution of broadcast media. Pakistani media would cooperate with their Chinese counterparts in the “dissemination of Chinese culture.”

The plan described the backbone as a “cultural transmission carrier” that would serve to “further enhance mutual understanding between the two peoples and the traditional friendship between the two countries.”

The measures were designed to address the risks to CPEC that the plan identified as “Pakistani politics, such as competing parties, religion, tribes, terrorists, and Western intervention” as well as security. “The security situation is the worst in recent years,” the plan said.

At the same time, China, despite official denials, is building, according to Afghan security officials, a military base for the Afghan military that would give the People’s Republic a presence in Badakhshan, the remote panhandle of Afghanistan that borders China and Tajikistan.

Chinese military personnel have reportedly been in the mountainous Wakhan Corridor, a narrow strip of territory in north-eastern Afghanistan that extends to China and separates Tajikistan from Pakistan since March last year.

The importance China attributes to protecting itself against Uyghur militancy and extending its protective shield beyond its borders was reflected in the recent appointment as its ambassador to Afghanistan, Liu Jinsong, who was raised in Xinjiang and served as a director of the Belt and Road initiative’s $15 billion Silk Road Fund.

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