China rejects US’ ‘research paper’ on South China Sea

THE People’s Republic of China has rejected a ‘research paper’ issued by the US State Department alleging that China’s sovereignty claim in the South China Sea/West Philippine Sea are “unlawful” and have “no basis in international law.”

At a news briefing in Beijing on January 13, 2022, a day after the research paper, titled, ‘Limits in the Seas,’ was released by the US via its control of the Western mainstream media, Wang Wenbin, spokesman of the Chinese Foreign Ministry, said the US claim was meant to “misrepresent international law to mislead the public, confuse right with wrong and upset the regional situation,” referring to the ASEAN region.

“I would like to reiterate the following,” Wang said:

“First, as a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), China sets great store by the Convention and earnestly observes the Convention in a rigid and responsible manner.

“The US refuses to join the Convention, but styles itself as a judge. It wantonly misrepresents the Convention and adopts double standards out of selfish gains. Such political manipulation is irresponsible and undermines international rule of law.”

Wang was referring to the fact that while US Imperialism has insisted that China and other nations must comply with the provisions of the ‘1982 UNCLOS’ (United Nations Convention on the Laws of the Seas), the former has not taken any step to join the UNCLOS up to now.

China, on the other hand, acceded to the convention on June 7, 1996, the US study acknowledged.

The study, which is meant to justify more US aggressive actions against China, rejected the four major “categories” for China’s sovereignty claims in the SCS/WPS, namely:

Sovereignty claims over maritime features numbering some 100 features “that are submerged below the sea surface at high tide and are beyond the lawful limits of any State’s territorial sea;”

Use of ‘straight baselines’ where the study alleged the four ‘island groups’ claimed by the PRC–

(‘Dongsha Qundao,’ ‘Xisha Qundao,’ ‘Zhongsha Qundao, and, ‘Nansha Qundao’) have not met “the geographic criteria for using straight baselines under the Convention.”

“Additionally, there is no separate body of customary international law that supports the PRC position that it may enclose entire island groups within straight baselines,” it added.

Use of ‘maritime zones’ where China “asserts claims to internal waters, a territorial sea, an exclusive economic zone, and a continental shelf that are based on treating each claimed South China Sea island group ‘as a whole.’”

“This is not permitted by international law. The seaward extent of maritime zones must be measured from lawfully established baselines, which are normally the low-water line along the coast. Within its claimed maritime zones, the PRC also makes numerous jurisdictional claims that are inconsistent with international law,” the study asserted.

US Imperialism also rejected China’s claim of ‘historic rights’ in the South China Sea, insisting it has “no legal basis and is asserted by the PRC without specificity as to the nature or

geographic extent of the ‘historic rights’ claimed.”

“The overall effect of these maritime claims is that the PRC unlawfully claims sovereignty or some form of exclusive jurisdiction over most of the South China Sea. These claims gravely undermine the rule of law in the oceans and numerous universally-recognized provisions of international law reflected in the Convention.

“For this reason, the United States and numerous other States have rejected these claims in favor of the rules-based international maritime order within the South China Sea and worldwide,” the study speciously added.

The study also asserted that China, like the Philippines, is “bound” to comply with the award issued by the Permanent Court of Arbitration (PCA) at the Hague last July 12, 2016, that invalidated the historical claim of China in most parts of the SCS/WPS.

“The arbitral tribunal (PCA) issued a unanimous decision, which is final and binding on the Philippines and the PRC,” the study claimed.

However, China has never participated in the arbitration while the whole proceeding of the private tribunal was paid for by the Philippine government.

“China’s position on the so-called South China Sea arbitration and the award is consistent, clear and firm,” Wang said.

“The Arbitral Tribunal violated the principle of state consent, exercised its jurisdiction ultra vires and rendered an award in disregard of law. It gravely violates UNCLOS and general international law.

“The award is illegal, null and void. China does not accept or recognize it,” Wang reiterated.

Wang also accused US Imperialism, “a country outside the (ASEAN) region,” of frequently making “provocations” in the South China and of always trying to drive “wedges” among the ASEAN countries.

“This wins no support, and the international community can see this very clearly,” Wang said.

‘No to live fire drills’ under ‘Balikatan’

Meanwhile, the Philippine Daily Inquirer (PDI) also on January 13, 2022, reported that Cagayan governor, Manuel Mamba, is firmly opposed to the ‘live fire drill exercises’ of US and Philippine troops under the ‘Balikatan’ joint military exercises in his province.

The report quoted Mamba as saying that the use of actual live ammunition by both forces can cause a “diplomatic row” with China, the province’s biggest investor today.

“We don’t want to anger China here in Cagayan. We see that we could get help from them,” he added.

The annual Balikatan is scheduled to be held this April, less than a month before the presidential elections scheduled on May 9, 2022. The live fire exercises, according to the report, would be held in the town of Claveria.

“That’s live fire. They’re going to test all armaments. What will happen to our relationship with our neighbors, especially China? We are trying to reconnect ourselves with China,” Mamba was quoted as saying.

On the map, it can be seen that Cagayan and most of the provinces at the tip of Northern Luzon, are near Taiwan, which is part of China’s national territory.

It was in Taiwan where the corrupt ‘Koumintang’ forces of Gen. Chiang Kai-shek fled in 1949 after losing in the Chinese civil war from the ‘People’s Liberation Army’ (PLA) headed by Chairman Mao Zedong.

Since the 1950’s, efforts by the Chinese government to reclaim Taiwan has been frustrated by US Imperialism which also created the fiction that Taiwan is a separate, ‘democratic’ and ‘independent’ country.

The PDI report also mentioned that Gov. Mamba is not alone in his position of opposing the live fire drills under Balikatan that is clearly meant to prepare the Armed Forces of the Philippines (AFP) in joining the US in its aggression against China, particularly in the ‘defense’ of Taiwan.

“In a joint resolution on Dec. 7, 2021, the Cagayan provincial antidrug and peace and order councils, and its anti-insurgency task force, opposed live-fire drills in the province.

“In a meeting on Dec. 22, 2021, of the regional anti-insurgency task force, the regional peace and order council headed by Mamba passed an almost identical resolution.

“The two resolutions acknowledged that military exercises were intended to strengthen the protection of the country’s territory but said that they ‘may be perceived by some states as provoking posture,’” the PDI news report added.