Blog di discussione su problemi di relazioni e politica internazionale; un osservatorio per capire la direzione del mondo. Blog for discussion on problems of relations and international politics; an observatory to understand the direction of the world.
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martedì 12 luglio 2016
The Hague Court stated that Beijing has no sovereign rights in the South China Sea
The
ruling of the court in The Hague, on the territorial dispute the
sovereignty of the sea overlooking the coast of the Philippines, to
which aspires China, is bound, as well as becoming a precedent in the
case law of international law, also a potential factor of aggravation of
the situation of that scenario and other analogues. The
Hague Court ruled that sovereignty claimed by Beijing, on some islands
in the South China Sea, is not supported by any legal basis. Marine
space in question is considered by many a real sea motorway, important
for the transport of goods, and then adi high strategic value, contains
gas and oil fields and, also, is of water of economic interest for the the fisheries sector. The
fact that Chinese boats, as well as other states, have historically
operated in the waters in question, does not constitute evidence of the
exclusive control of the waters, as claimed by Beijing. Indeed,
China has had an interfering behavior when these areas were Spanish
colonies, and has damaged the coral reef with the illegal construction
of artificial islands, an operation that was not in their rights and
constitutes an abuse. This
conduct has, therefore, constituted a flagrant violation of the
sovereignty of the Philippine land rights with respect to its full
availability of the exclusive economic zone and continental shelf. This
judgment as well as legal has an undeniable political value, because it
denies, by the judgment in favor of Manila, to China its claims as a
regional and global power, and creates a precedent not irrelevant on all
other disputes that Beijing leads with other Asian nations, such
as South Korea, Japan, Vietnam and Malaysia, about the alleged
sovereignty of some islands and sea portions, which Beijing claims to
take in these countries, including through aggressive tactics involving
unsafe use of the armed forces. For
China, this ruling is, at the diplomatic level, a severe defeat, as
shown by the reaction of the government in Beijing, which was quick to
not recognize the jurisdiction of the Hague Court and then to define as
unfounded and nothing his decision . Also
the statements of the Chinese Defense Ministry, have been expressed in
this regard, stressing that the government agency will do everything to
preserve the unity and sovereignty of the country, suggesting
implicitly, that the judgment subject areas are considered as an integral part of China's territory. It
is an attitude that is designed to raise the tension around the
dispute, which puts China in a position almost of defense, which could
be followed by the demonstration of military force in the country, able
to lead to a growing dangerous, capable of open more international crisis areas; It
will be crucial to see the developments of this scenario, considering
unavoidable direct engagement of the United States, which consider the
Asian seas the central theater of its foreign policy, including support
function to the many allies involved in disputes with China. For
now, Beijing has limited itself to counter the ruling with legal
arguments, saying that the body territorial disputes are not subject to
the United Nations Convention on the Law of the Sea and that this
Convention has been violated by the Philippines, which has prevented
China to choose the way the management of litigation, as well as established by the bilateral agreements. Beijing
also argues that these differences had to be the subject of
negotiations between the two parties and not subject to a judge. However
these arguments appear weak in front of an international opinion, which
precisely because of this ruling, will tend to make it grow diplomatic
pressure to stop China in its efforts to maritime expansion. In
fact, even though the Hague Court does not have coercive instruments
able to enforce the judgment, the judgment issued will lead to a secure
diplomatic reaction, waiting only a legal argument capable of supporting
a concrete contrast mode. To
be protagonists will then international structures and diplomatic
bodies, to be able to prevent the dispute from being shifted to a plan,
including potential ones, military; what to ward off the imminent dangers, but also to anticipate and avoid future litigation of this type. China,
if it really aspires to become a superpower, will have to seek
alternative ways to establish themselves as such, and, first of all, you
will have to accept the verdict of international bodies such as the
Hague Court, showing a world stature, and not only from small power regional.
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