Recent years have seen increasing wrestling, both overt and covert, around the South China Sea disputes. With the US moving out of shadows into the spotlight, the tension between Beijing and Washington exacerbates.
It is equally erroneous on the part of Manila and Washington to claim that from a procedural standpoint the UNCLOS is comprehensive in scope and that Beijing cannot derogate from the Convention's provisions on such matters by claiming “historic rights” under a separate head of general international law.
Countries sincerely hoping for peace do not want to see this. What about the US?
On the part of Beijing, Japan is not a claimant of the South China Sea, hence its frequent meddling in the region undoubtedly exposes its malevolence.
The Chinese foreign ministry confirmed Wednesday that China had towed away a foreign ship that was grounded on Wufang Jiao in the South China Sea. For safety concerns, China urged nearby fishing ships to leave.
The US, a nation that aspires to defend its global leadership amid economic and strategic transformation, is unwilling to pay much of a price.
If New Delhi chooses to follow in the US footsteps, it means the country is taking part in US “pivot to Asia” strategy and adopting a major strategic shift.
The recent two provocations in the Xisha Islands is an attempt by the White House to instigate Beijing-Hanoi tensions.
What does the US want?
The US, an outsider, has injected the most military elements in the region.
Today I will comment on the Award concerning the Philippines' remaining Submissions 8-9, 12 and 14.
No matter what happens, the fundamental problem remains. No dispute can be reflected by the Philippines' (but not the Tribunal's) Submission 5, which should have been barred from entering the merits phase. According to the non ultra petita principle declared by the ICJ in the Asylum Case the Tribunal has a duty to abstain from deciding points not included in the submission.
Obviously, no matter whether Ren'ai Jiao itself within Nansha Islands is a rock or an LTE, what happens there is a matter of sovereignty, the condition under Article 297(1)(c) is unfulfilled. It is unjustified for the Tribunal to take jurisdiction over submission 11 concerning the environmental issue occurring in Ren'ai Jiao, even if considered an LTE.
Based on the foregoing, the Tribunal is advised to declare in the award on merits that, upon further examination, no dispute can be crystallized by the formulation of Philippines' submissions 3-4 and 6-7, and thus bravely end the embarrassment and a process started erroneously.
The US flexes its muscles against China at this time for some purposes.
Hanoi is also clear that it is impossible to counterbalance one country by entirely depending on another. This is the lesson it has already learned from history.
China has reiterated that the newly built reefs and islands are mainly for civilian use. Instead of drawing support from external powers, the regional nations might wait and see whether China will keep its word.
China has always upheld and practiced a policy of peace and development. The airfield shouldn't be a cause of concern for anybody.