Chinese Vice Foreign Minister Cui Tiankai warned the United States to keep out of the ongoing dispute in the South China Sea, telling reporters today that the row should be dealt with solely among the parties involved.
‘Regarding the role of the United States in this, the United States is not a claimant state to the dispute…So it is better for the United States to leave the dispute to be sorted out between the claimant states,’ Cui was quoted by The New York Times as saying.
Indeed, Cui went on to warn that 'some countries now are playing with fire...And I hope the US won't be burned by this fire.'
The remarks follow growing tensions between China and other claimants to territory in the area, particularly Vietnam and the Philippines. Both countries have accused Chinese vessels of harassment, and both have indicated that they would in fact like outside powers to become involved.
On Friday, Vietnam and the US issued a joint statement calling for ‘peace, stability, safety, and freedom of navigation’ and ‘a collaborative, diplomatic process without coercion or the use of force.’
Such statements are unlikely to go down well in Beijing, as Chinese policy makers continue to resist outside involvement in favour of dealing bilaterally with countries involved. This point was underscored last July by China’s angry response to US Secretary of State Hillary Clinton’s suggestion in a speech in Hanoi that a binding code of conduct be introduced, as well as a process for resolving the competing claims. Chinese Foreign Minister Yang Jiechi responded that this was an ‘attack’ on China.
The reason Beijing shuns multilateral approaches is obvious – a powerful China has a much better chance of imposing its will if it can tackle other nations one at a time. It’s with this reality in mind that some commentators have called for Southeast Asian nations to work together to bolster their claims.
The problem, of course, is that these countries are not just in dispute with China, but with each other.
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Anon
US to China: Lol No.
Frank
China to USA: Then, we will have to whack your dog.
Douglas P.
The United States with her naval supremacy has been the peace keeper for the Pacific Sea since before World War II; and her mighty power saved the world, including China. It is a fallacy that the United States was trying to contest Red China for rivalry over the South China Sea. The US Navy patrolled that water before the birth of Red China in 1949, and will remain there until our last man stands. Diplomacy for a peaceful ressolution over the dispute is what our lawmakers and US Sec of State Mrs. Hillary Clinton are calling for, not war. However, the United States will act with greatest measures when necessary. Safeguarding freedom at sea and security in the Pacific Rim is not just our US national interest; it is a responsibility.
ASEAN
Not to mention that fact that China fabricated its own “historical evidences” and then claim that other nations are infringing China’s territories. It’s a funny joke, really. How can you burst into someone’s yard, claiming that my great-great-great-grandpa happened to limber past here one day long ago and dropped his wallet, so this must be now… my yard… Can anyone recognize such childish conjection?
John Chan
@ASEAN:
Why Vietnam and Philippines refused to debate the territorial right of those islands in the South China Sea in the ICJ?
Wakali09
I thinki its becoz Philippines and Vietnam are already settled their treaty about this when a vietnam fisherman cross the 200 nautical miles they gonna caught by PH navy my classmate told me that the late President Marcos president allow vietnam to gather fish in spratly islands.
Anon
US to China: Oh rly? Bring it
Frank
China to USA:
We will.
Pick a dog.
Mike
We are on a war trajectory. I hope the US government realizes that soon and starts arming to fight the China war.
John Chan
@Mike:
Why are you so eager to incite war between USA and China? Is that you can’t wait to profit form other people misery? The biggest benefactor from the war will be India and Japan, followed by Vietnam, Philippines and Australia. Maybe USA should whack these guys first, they are pushing USA to destruction.
Balla
@John Chan: The Communist Chinese have no morals. They just want to stay in power. so they touch sensitive issues so that the people wont revolt against the party. Its to keep the people under the impression that the party is fighting hard for them.
The Chinese must know that the Communist who are ruling you has no goodwill with other countries. China is seen as a rouge state mainly due to the Communist conduct towards gobal issues and its regional issues.
I would agree with Chinese on some issues which are their national interest, but they have to respect other neighbors national interest also. Some issue where China is looked bad – South China Sea, Claming Arunachal Pradesh & Occupation of Aksai Chin, Activities in PoK, dams across Bhramaputra and other rivers that would cause devastation in basin countries, not conforming to international standards in Pollution, freedom to Press and human rights, suppresion of Tibetians, Copy right infringement of good including Military hardwares, fixed Exchange rate management.
There are numerous issues that China has to address so does India. Action is required but a joint action is what will bring harmony in the region.
We Indians see China’s missiles being directed towards India and increasing activities and expansion of forward bases close to Indian borders as threat. Its on the best interest to respect other teritory and live it..
John Chan
To protect the interest for the nations around South China Sea, it is legitimate for Cui Tiankai to warn the US to keep out of the ongoing dispute in the South China Sea, because USA has refused to abide by the UNCLOS. Asking a violator who has no intention to observe the international laws UNCLOS, which are agreed by all nations in the world, to be involved in UNCLOS is like asking Bernie Madoff to look after you life saving. It seems Vietnam is acting like Maurice Cohn and Philippines is acting like Stanley Chais for their illegal gains in a grand fraudulent scheme.
The author has misled the public by saying Beijing Shuns multilateral approaches. In fact China has led a multilateral approach to tackle the disputes in the South China Sea, it is just that the USA is not one of the participants in that multilateral approach. China and ASENA nations signed the “Declaration on the Conduct of Parties in the South China Sea” in year 2002 to resolve disputes in South China Sea peacefully. But the US, Vietnam and Philippines are sabotaging that Declaration for their ill gains.
ASEAN
The author didn’t misled anything. China never wanted a multilateral discussion on this matter. It prefered to deal one-on-one basis with each country, so it can threaten them into cooperation. China talks one way but acts another. We all know that by now. If you want war, you will see war. It will be the end of China’s rise for sure.
John Chan
@ASEAN:
ASEAN nations and China have signed the “Declaration on the Conduct of Parties in the South China Sea” in 2002, and is working to put the Declaration into effect with code of conduct. If a multinational resolution is not a multilateral discussion, then what is it?
You are lying beyond a bad liar. Nobody wants war in South China Sea, only people like you with hideous intention is desperately inciting hostility in South China Sea so, you can profit from the misery.
Reason
Interesting how Beijing insist upon bilateral talks to solve the SCS but insists upon 6 party talks as the only way to solve Korea.
Inconsistencies that could only make sense to the CCP
Observer
Typical of China, do as they say and not as they do.
Chinese bloggers kept saying “historic evidences” yet said nothing about by using the same standard, Japan/Britain/Mongolia can claim China as their own. How about that Chinese bloggers? What? You wouldn’t like that?
Now you know how ASEAN nations feel about you using pathetic excuses to claim the whole sea.
China Lee
During the 1982 Falkland Islands War, the United States rejected Argentina’s argument of physical proximity. Instead, the United States supported British military efforts to assert its historical claims of discovery and sovereignty over the Falkland Islands.
Similarly, the United States should publicly announce its support of China’s 1,000-year-old historical claims and territorial sovereignty over the South China Sea islands and area. If the United States fails to reinforce the international-law principle that historical title trumps proximity then the world will degenerate into chaos.
If the Vietnamese and Filipinos are permitted to encroach on sovereign Chinese South China Sea territory then the Argentines will be encouraged to launch a second Falkland Islands War. Also, the Spaniards will use the proximity argument and militarily attempt to eject the British from Gibraltar. The Turks will grab the nearby Greek Dodecanese Islands. Last, but not least, the Moroccans will try to seize the proximate Spanish territory of Ceuta.
Wars will break out all over the world if proximity is permitted to supersede historical title.
ASEAN
Is spamming all you can do? You’ve been posting the same stuff in all the forums.
Leonard R.
Here they go again, threatening the United States.
They still think threats will work against the US?
***
“And I hope the US won’t be burned by this fire.’”
***
Are they really so stupid?
Answer: Yes they are.
I look forward to the day when China will taste that fire
they are threatening the US with.
david
Really, u reckon usa is like untouchable in the world as it has been for the past 50 years so usa can get away with anything. Ok here is a news flash for u, u got the mountain piles of debt up to ur neck and only way u can keep yourself afloat is operating paper money printing maching 24/7. The reality is a bitch and will soon catch up with you and ur inflated economy. Help me understand one thing, how is that possible us economy is worth 15 trillion while chinese has like less than 6. Maybe its difficult to compare these two due to economic models and structure. So we look at germany and usa. Germany is a oecd nation with population 80 million and economy 2.7 trillion while usa we say 270 million with economy nearly six times as much as that of germany. Are u telling me on average, an american is twice as productive as their german counterparts. Are u kidding me? U can claim us economic strength lies in their service industry. Ok, here is another thunder bolt, speculation on stock market and currencies doesnt create wealth but financial crises. Does 2008 gfc ring a bell to u. I dont get how these numbers are compiled that indicates that an american ” worker” is ten times more productive than a chinese. By a worker, i suppose that means a guy works in the manufacturing or agricultural industries not in an air conditioned office cooking balance sheet. So by that calcultion, a us bus driver must drive ten times faster than a chinese one or a fridge is made in us in less than one tenth of time needed than it is in china, given other factors constant. Its just absurd that wall street is overflowing with people taking a punt hoping that good fortune will magically fall on them. Its true that millions of poor chinese souls are toiling away in a sweatshop for a slave wage who are hardly able to feed their family but at least they don’t flood a market with something that dont exist. That is ur problem that u look down on third world countriesn with ur insatiable appetite for consumption while in return, u export inflation. Wake up, not every american is a genius , smarter than anyone else who deserves a luxury car, three bed-room condo with 10 credit cards.
Freddy
The sad fact to your drivel is that China keeps buying into American debts like there is no tomorrow? Why? Because without the might US economy, China would still be another backwood water on the planet. Or, perhaps, you owed too many credit cards…
John Chan
david, you really can talk, if you can’t wake American up, I don’t anybody can. Then the only thing can wake American up is when they fall off the cliff like the Roman Empire. Disovled and gone for good.
leonard R.
David needs to learn basic paragraph formatting in English before he can expect to teach the Americans anything.
Sam
@David
Here is the deal. The Chinese have roughly 4 times the population of the US and a third of the GDP in nominal terms. So their per capita income is one twelfth the US. It has a long way to go. Even if it becomes the richest economy in absolute terms, it has to triple that number to achieve parity. So let’s get used to that fact first.
Second all the yammering about the US owing money is just that, yammering! Here are the facts: Since the Chinese sell goods to the world cheap, they can only do so as long as the goods remain, you guessed it – cheap. (The US consumer will always stretch to buy as much as he/she can within their budget, so if goods get expensive they will buy less usually and exceptions make the rule.) How does this happen? Largely by keeping the renminbi cheap as a first step. China maintains a positive trade balance ie it exports more (manufactured goods) than it imports (raw materials) to the world. What does this mean? As Chinese manufacturers get money for their goods there has to be a natural demand for renminbi vis a vis other currencies because Chinese people can only spend renminbi in China not dollars or euros or any other currency. So they exchange their dollars etc for renminbi so they get a usable currency in China. This demand for renminbi vs other currencies should cause it to appreciate. Does it? Not to the extent it should because China buys foreign debt to offset this demand for their currency especially US treasuries. So this nonsense about owing money is really so that China can maintain its cheap currency to keep its goods cheap for its exporters. If the Chinese do not take the bonds others are happy to step in. How do we know this? Because the interest rate, the cost of lending money to the US (or borrowing money for the US) is so low it is near zero for the shortest maturities and about 2.x% for even a ten year maturity bond even after the downgrade! So everybody and his brother wants US debt as the last remaining bastion of quality in our uncertain world which incidentally is one reason why gold is so high priced these days also. While the US policy mavens will make soothing diplospeak noises when asked about their debt, do you think they care what China thinks when push comes to shove? Is the renminbi or the euro or the yen or pound sterling in any position to take over as the world’s reserve currency to settle trading in oil or gas or any other commodity or security? The US dollar is depreciating in world markets as Japan’s yen is now approx 80 yen to the $ down from 110 at its lowest. The US will thus service the bond payment and ultimately repay the principal on its bonds in cheaper USD per renminbi by the time the ten year repayment date approaches so that is ultimately a fair way to handle China’s funny money approach to currency manipulation. There is no free lunch. I am not sure I understand your basic mathematics /physics of throwing fat people off sinking ships but this is Econ and International Trade 101.
A second way to keep Chinese exports cheap is to keep labor costs low which is bad news for the Chinese worker who has to live 12 to a room in Beijing/Shanghai so he/she can work in a factory to keep this export boom going. If China raises the wage and prints more renminbi to meet this demand for money, it will be hit with inflation internally but maintain a low exchange rate or it has to resort to the sterilization process mentioned earlier. At some point China’s population bomb will explode with an overhang of old people who need to be taken care of without a social safety net and a core of angry embittered workers who have not seen any progress in wages and savings that they hoped to get by moving to the cities and working in low wage back breaking jobs without a future and alienated from their leaders who increasingly crush their lives and spirit promising a glorious future that never comes. This in the world’s richest economy at that time! Remarkable.
BB
The big problem for China is the south and east china seas are not their ‘own lakes’ as they’ve claimed, but in fact these seas belonging to all Asia-Pacific countries as well as the world!!So ask ‘the US to keep out’ is somewhat too absurb and arrogant!! Is that Chinese traditional characteristics?!
John Chan
@BB:
You are muddling “freedom at sea and security” with “territorial disputes between nations in South China Sea.”
China and all ASENA nations want USA “keep out” their territorial disputes. It is USA too absurb and arrogant, it insists to invite itself to meddle other nations’ internal affairs that have nothing to do with USA.
HonoH
Situated in the East China Sea, due east of Fujian province and northeast of Taiwan, the Diaoyu Islands are the farthest eastern islands of China. They are about 190 nautical miles from the Dongshan Island of Fujian province, 90 nautical miles to the northeast of Keelung city of Taiwan, and 78 nautical miles from the Yunaguni Island of the Ryukyu Islands. The Diaoyu Islands refer to a group of islands that include the main one, Diaoyu Island, and some smaller islands and reefs like Huangwei Island, Chiwei Island, Beixiao Island, Nanxiao Island and three other islets. They are scattered in a sea area at 123 degrees 20 minutes ~ 124 degrees 45 minutes east longitude and 25 degrees 44 minutes ~ 26 degrees north latitude, covering a total land area of 6.5 square kilometers. The surrounding waters of the islands have rich fishing resources and have long been an important fishing ground for people in Fujian and Taiwan of China since ancient times. The well-known Emery Report pointed to the existence of abundant oil and natural gas resources on the continental shelf of the East China Sea.
(1) The Diaoyu Islands are an inalienable part of China’s territory.
China was the first country that discovered and explored the Diaoyu Islands and obtained sovereignty by occupation. Since ancient times, the Chinese have fished, collected medicinal herbs and sought shelters on these islands and in their surrounding waters. No later than the Ming Dynasty (1368-1644), the islands had been discovered, explored and named by the Chinese. Ancient Chinese books, such as the Book on Voyage Routes and the Voyage with a Tail Wind, kept a complete record of the navigation routes used by Chinese fishermen in this sea area. Due to the natural conditions at sea and the possession of technology such as ship-building at that time, only the Chinese military and civilians could reach the islands during the monsoon season. They navigated through the islands and sought haven there in stormy weather. They carried out economic activities such as fishing, collecting herbs and picking fruits. For about five centuries until 1895, China had never been interfered in its exercise of these rights.
One cannot speak of the Diaoyu Islands without mentioning Ryukyu Kingdom. Ryukyu Kingdom was a vassal state of the Ming and Qing dynasties to which it paid tributes, while the latter sent envoys to grant honorific titles to the kings in Ryukyu in recognition of their rule. The Diaoyu Islands were on the navigation route from China’s mainland to Ryukyu Kingdom. Chinese officials on mission to Ryukyu all referred to these islands as their navigation marks. They put down in the official documents such as the Record of the Mission to Ryukyu with detailed descriptions of their voyages through the Diaoyu Island, Huangwei Island and Chiwei Island and repeatedly confirmed the boundary between China and Ryukyu. Historical facts tell us that the Diaoyu Islands do not fall into the domain of Ryukyu. China’s historical records and official documents all show that it was the Chinese people who first discovered, developed and utilized the Diaoyu Islands. According to the international law of that time, discovery means occupation and occupation means obtainment of territorial sovereignty. Therefore, China obtained sovereignty over the Diaoyu Islands by occupation.
The Chinese government exercised effective rule and administration, and strengthened its sovereignty over the Diaoyu Islands. Successive Chinese governments all included the Diaoyu Islands into the confines of China’s territory and exercised sovereignty and effective rule by taking measures to develop, utilize and administer the islands. In 1171, General Wang Dayou guarding Fujian established military camps on Penghu Islands and sent officers to station in the islands. Taiwan and its affiliated islands including the Diaoyu Islands were under the military command of Penghu and, in terms of administration, they were under Jinjiang of Quanzhou, Fujian province. Both the Ming and Qing dynasties incorporated the Diaoyu Island and its affiliated islands into their territory and designated them as part of the maritime defense areas. The Book on Managing the Sea (1562, Ming Dynasty) and Imperial Map of Chinese and Foreign Lands (1863, Qing Dynasty) made clear descriptions about the area. Historical facts show that the Chinese government has administered the Diaoyu Islands in various ways and effectively exercised and strengthened its sovereignty over the Islands.
(2) Japan’s arguments about its claim of sovereignty over the Diaoyu Islands are untenable.
There are mainly two legal arguments that Japan has evoked to justify its occupation of the Diaoyu Islands: First, occupation of so-called terra nullius, second, acquisition by prescription (prescriptio acquisitive). Both arguments are untenable.
By international law, the object of occupation shall be limited to terra nullius. Terra nullius refers to land which has never been subject to the sovereignty of any state or over which any prior sovereign state has expressly or implicitly relinquished sovereignty. The fact is that Diaoyu Island and its affiliated islands have been subject to the sovereignty of the Chinese government as its sea defense area since the Ming Dynasty. They are an inalienable part of China’s territory. Due to the inhospitable natural environment, these islands are not permanently inhabited and fishermen only take up abode on these islands for seasonal activities. But having no permanent residents does not make these islands terra nullius. The Diaoyu Islands are not terra nullius. They are China’s territory. The Japanese government and society are well aware of this fact. The official archives of the Japanese government and documents and correspondence of Japanese officials all record and give evidence to this. For example, in the letter to Home Minister Aritomo Yamagata, then Japanese Foreign Minister Kaoru Inoue wrote in explicit terms that these islands had already been given Chinese names by the Qing government and that the Japanese government had been admonished by the Qing government for coveting these islands. Since the Diaoyu Islands are not terra nullius, Japan’s so-called occupation is non-existent. Ex injuria jus non oritur (A legal right or entitlement cannot arise from an unlawful act or omission) is a fundamental principle of international law. Japan’s so-called occupation is mala fide, illegal and unjustifiable; it therefore does not have the legal effect as what may arise from occupation recognized by international law.
The other argument that Japan presents is “long and continuous effective administration”, that is, to obtain sovereignty over the Diaoyu Islands based on acquisition by prescription (prescriptio acquisitive).
“Acquisition by prescription” of territory has been all along an extremely disputable issue in international law. Those against it totally deny the legitimacy of prescription as a way to obtain territory. They are of the view that this is “merely a legal argument serving expansionist countries for occupying others’ territories”. Those for it see prescription as a way to obtain territory, it is defined as “the acquisition of sovereignty over a territory through continuous and undisturbed exercise of sovereignty over it, and during such a period as is necessary to create under the influence of historical development the general conviction that the present condition of things is in conformity with international order.” International judicial practice has never clearly confirmed the status of “prescription” as an independent way to acquire territory. As for the exact time span of the “period as is necessary”, international law has no final verdict to make it 50 years or 100 years.
If we put aside the legitimacy of “acquisition by prescription” and merely examine the key factors, it is clear that both the Chinese central government and the Taiwan local authority have been firm, explicit and consistent on issues concerning China’s sovereignty over the Diaoyu Islands and in opposing Japan’s attempt to steal them. They have launched protests, especially diplomatic protests, against official and government-supported civilian activities, including setting up a lighthouse on the Diaoyu Island by Japanese right-wingers, “nationalizing” the lighthouse by the Japanese government, paying the “rent” for land on the Diaoyu Islands to those so-called non-governmental owners, and submitting a chart specifying the so-called baselines of the territorial sea of the Diaoyu Islands to the United Nations by the Japanese government. Japan can never gain legitimate rights over the Diaoyu Islands through occupation no matter how long it may last.
(3) Agreements between Japan and the United States cannot grant Japan sovereignty over the Diaoyu Islands.
In the wake of World War II, the Cairo Declaration and the Potsdam Proclamation, the outcome of the Anti-fascist victory clearly defined the territory of Japan. According to the Cairo Declaration issued by China, the US and the UK in December 1943, their purpose is that “Japan shall be stripped of all the islands in the Pacific which she has seized or occupied since the beginning of World War I in 1914, and that all the territories Japan has stolen from the Chinese” shall be restored to China. “Japan will also be expelled from all other territories which she has taken by violence and greed”.
The Potsdam Proclamation issued in 1945 reaffirmed that “the terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine”. On Jan 29, 1946, the Supreme Commander for the Allied Powers Instruction No 667 explicitly stipulated the range of the Japanese territory, which included the four major islands of Japan (Honshu, Hokkaido, Kyushu, Shikoku) and the approximately 1,000 smaller adjacent islands, including the Tsushima Islands and the Ryukyu Islands north of 30 degrees north latitude. The delimitation of the Japanese territory by the Cairo Declaration and the Potsdam Proclamation is clear-cut. The Diaoyu Islands are not included in the Japanese territory in any way.
On Sept 8, 1951, Japan and the US concluded the San Francisco Peace Treaty in the absence of China and the Soviet Union, two victorious countries in the war against Japan, putting Nansei Shoto south of 29 degrees north latitude (including the Ryukyu Islands and the Daito Islands) under the US trusteeship. The Diaoyu Islands were not mentioned in the treaty, nor by the Japanese government’s later explanations thereof. On Dec 25, 1953, the United States Civil Administration of the Ryukyu Islands issued the Civil Administration Proclamation No 27 on the geographical boundaries of the Ryukyu Islands and defined the areas administered by the US government and the Ryukyu Civil Administration as the islands, islets, atolls, rocks and territorial waters along 24 degrees north latitude and 122 degrees east longitude. This proclamation included the Diaoyu Islands, China’s territory, into their areas of administration. These islands were also included in the areas to be returned to Japan under the Japan-US Okinawa Reversion Agreement signed on June 17, 1971. The Japanese government takes the above-mentioned agreement as the legal ground for its claim of territorial sovereignty over the Diaoyu Islands.
On Dec 30, 1971, the Chinese Foreign Ministry pointed out in its statement that “the incorporation by the United States and Japan of China’s Diaoyu and other islands into the area of reversion under the Okinawa Reversion Agreement is totally illegal. It does not in any way change the territorial sovereignty of the People’s Republic of China over the Diaoyu and other islands”. The US government also stated that returning the administrative authority over these islands gained from Japan to Japan does not in any way undermine relevant sovereign claim. The United States cannot increase the legal right Japan had prior to its handover of the administrative authority over these islands to China, nor can it undermine the right of other claimants because of the return of the administrative authority to Japan. All the conflicting claims over these islands are issues that should be resolved by the parties concerned among themselves. On Sept 11, 1996, US State Department spokesperson Nicholas Burns said further that the US neither recognizes nor supports any country’s sovereign claim over the Diaoyu Islands.
On Sept 1951, the Chinese government issued a statement regarding the San Francisco Peace Treaty signed by the US and Japan without the involvement of the Chinese people and the lawful government of China. It pointed out the illegal nature of the treaty. The “trusteeship” and “reversion” deriving from the treaty included the Diaoyu Islands, thus violating China’s territorial sovereignty and becoming the source of the territorial dispute between China and Japan. The San Francisco Peace Treaty and other relevant documents have no right to cover or determine the ownership of the Chinese territory, and cannot have any legal judgment that extends the sovereignty of Diaoyu Islands to Japan.
The Diaoyu Islands are an inalienable part of China’s territory. The so-called administrative authority the US “got from” and “returned to” Japan is unjustified. Japan’s claim over the sovereignty of the Diaoyu Islands on that basis has no legal ground in international law.
Conclusion
Japan has never given up its attempt to gain sovereignty over the Diaoyu Islands. It first destroyed China’s markings on the islands, then renamed the islands, and built a heliport and other facilities. In recent years, Japan went even further. It abetted what it called “civilian actions” to create a fait accompli of “actual control” of the Diaoyu Islands, followed by government renting and “takeover” actions. All this aim to pave the legal grounds for its occupation of the Diaoyu Islands and gradually win recognition from the international community. However, Japan’s claim to sovereignty over the Diaoyu Islands and its encroachment are illegal in the first place. Therefore, its carefully designed “government actions” have no legal ground and do not constitute the execution of state power. They never had, and will never have, any legal effect.
Article II of the Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone promulgated in 1992 makes clear that the Diaoyu Islands and other islands are Chinese territory, and reaffirms the legality of China’s ownership of them. In 2009, a Chinese marine surveillance and law enforcement ship was sent to the Diaoyu Islands in repudiation of Japan’s “acquisition by prescription”. This was also a concrete action of China’s exercise of sovereignty over the Diaoyu Islands.
John Chan
UN must investigate Japanese racial and culture genocide against Ryukyu Kingdom, UN must take action again Japan for crimes committed against Ryukyu people. Ryukyu Kingdom must be restored.
Reason
All this fancy legal talk might just hold a smidgen of water if China didn’t occupy entire countries like Tibet, Xinjiang and Mongolia at the complete denial that there existed legitimate governments and cultures entirely independent from Han domination for huge tracts of time.
By your argument, if China can lay claim to tiny, uninhabited islands via the citation of a few historical documents, over and above Japanese claims, then countries like Tibet, East Turkestan and Mongolia have got slam dunk cases for their own independence separate from the PRC, as they could easily prove that their cultures were administering the land independently before influence from China.
Douglas P.
US – Sino relationship is important but by no mean a trading item for any national interest of the United States. As the world preeminent seafaring nation freedom at sea is US non-negotiable interest and US lawmakers will not jeopardize it for a relationship. Sec of State Mrs. Hillary Clinton has made it clear last year that it is a US national interest in South China Sea. The US itself has no stake in the dispute but it has a much broader interest at stake in the region: freedom at sea and security. So it has to be the other way around – China either takes part in the talk with the US and Asian countries or stay off.
david
By ur logic, us also has a stake in the moon because it is in their interst to ensure unimpeded passage for inter galaxy explorations by international community then mars then pluto then what? Dont u guys have sth bigger or more urgent to worry about? Say, like ur debt!!! If i was a chinese, i would just saunder into us parliament and announce that here is a explosive belt strapped around my waist, why? Because i have a stake in the health of us economy and i want demos and pubs to stop squabbling because u owe me $1,000,000,000,000. That might sound less ridiculous than things u just suggeted.
Tom
david,
don’t you know that the US is the monetary sovereignty like China, etc.?? It’s china that voluntarily and eagerly to buy US T-bonds for its own export advantage and also its safest investment, not because it wants to “help” the US!The day when it stops buying US Tbonds,its currency will appreciate and the export advantage will tilt to the US because the American goods would be more cheaper in china’s market and Chinese consumers will have more money for their purchase of foreign stuffs . Try to do some real reseach before talking this nonsense! China’s way of doing business is called ‘mercantilism’ not free trade or open market, don’t you know that?
John Chan
@Tom:
A US female journalist wrote a book about one year of life without ‘Made in China,’ the conclusion was not possible, living standard will plummet; sneakers will cost hundreds instead of tens, a lot of daily necessities simply not available. China is actually exploiting its people with sweatshop wage to support American high living standard. You can experiment yourself to see whether that conclusion is right.
China wants to invest its 3 trillion USD in USA and western nations to create jobs and help those nations’ economy recovery, but the US and western nations block any meaningful investment China tries to make. US only allows China to buy US bonds, which is the least productive investment as well as with least impact politically in the US and western nations.
1. In 1985 before Plaza Agreement the exchange rate JPY/USD was 250/1.
2. Plaza Agreement forced Yen to appreciate, in 2011 the exchange rate JPY/USD was 80.35/1.
3. US’ trade deficit against Japan in 1985 was 46 billions.
4. Yet US’ trade deficit against Japan in 2010 was 60 billions.
Japanese Yen has gone up more 200%, Japanese goods has gone up in prices too, but US people still buy more Japanese goods instead of less. It proves that currency appreciation does not help US to sell more. Although RMB has gone up 25% against USD in the last 5 years, but the US trade deficit against China continues to mount.
Chinese did purchase more foreign stuffs, but not from US, Japan and Korea are the major benefactors, because US goods are not competitive. As you can see appreciation of RMB will help US economy is a fallacy, it is the cowardice of US politicians who failed their responsibilities, so they pick China as a scapegoat to avoid their accountability to the Americans.
China does not expect American to kowtow China’s help, but at least American should be fair and honest to the responsibilities of their own failures.
david
I think u r way off the discussions with this global trade talk. I do admit that i havent done enough research on what impact reb appreciatin might have on trade imbalances between these two nations. But one thing i am pretty sure of is that us is just as guilty of currency manipulation as chinese with ur soap-opera name like QE1,2 and possibly 3 programme. No wonder even ur bff japan and germany as well as brasil got pissed off at last year g20 summit. Its true that despicable chinese “merchantilists” are exploring more ways than one to gain competitve advantage but what have u guys been doing in the mean time? Manufacturing evidence to invade other sovereign countries and sticking ur nose in other people’ business? So could u do urself and whole world a favor, stop living off borrowed wealth and lock up those blooding sucking bankers on the wall street. Those hedge funds and derivatives dont create wealth, nor is it capable of boosting ur competitiveness.
Last not the least, what can us possibly export to china if, lets assume that rmb does eventually rise to more satisfying level, ur high tech stuff that chinese want but ur goverment wont allow lest technology theft is perpetrated by perenial chinese villain. Other than ur beef and wheat industres where u do possess certain advantage like mass machinisation and”govermnent subsidy”( hypocricy), who in america is willing to sweat 10 hours for $10 dollars. I bet they rather sit on their fat ass chomping double pounder waiting for dole money. The problem with us and its massive debt (which is evident in other developed nations), is that ur perverse consumer culture gives incentive for mass consumption in a bizzarely drastic fashion of resources to generate wealth rather than doing it with self restraint and discipline.
Ur way certainly has its heyday and, reflecting on what going on in greece, ireland and europe in general, i think us dollar is on its way to lose its global currency status, which is main reason why chinks have invested so much in us bonds over years because they can settle international trade with those dollars and us them as collateral for loans from foreign creditors. But mark my words, the whole world is sick of usa over indulging themsleves in an unprecedented extraveganza that they dont deserve. And for the good of humanity, it is just as important for chinese to pamper themselves a little more as it is for those yankees to become more thrifty. Dont which way is harder.
Caseyorourke
@ John
But China expects Vietnam, Japan, The Philippines, Thailand, Myramar and all the nations to kowtow to their claims that all the South China Sea is theirs. Instead, the nations told China to kiss their collective backsides and have asked the US, the one nation which has no territorial claims in the area and the strength to oppose China to arbitrate. Why? Maybe because as enimies we were honorable, and as friends we respect them. But China has lost its honor and is acting like a spoiled brat, crying that they are being bullied into giving in. China must still think it is the Middle Kingdom and as such must be obeyed, feared and respected. To get respect, you must show respect, and China has none.
John Chan
@Douglas P:
Well said, as honest as a proud American, I surely believe you believe fairness and openness with no hidden agenda, right? I am sure you would accept the following statement in return.
The UN itself has not state in the disputes in the Caribbean Sea, but it has a much broader interest at the stake in the region: freedom from suppression and exploitation by the imperialist hegemony. So the US either let the UN scrutinize the conducts of USA in the Caribbean Sea region or stay off Caribbean Sea nations like Cuba for a start.
Douglas, you are dead wrong, even the US government does not want to be involved in territorial disputes in South China Sea, because it is very slippery slop, it will set the precedent that let UN or any other parties to interfere border disputes between USA and its surrounding nations very soon.
Douglas, you are muddling “freedom at sea and security” with “territorial disputes between nations in South China Sea.” I think many in South China Sea area including China would want the US to stay committed in the area to safeguard the freedom of navigation right and safe passage right, but nobody wants USA meddling in their territorial disputes with each other.
Chan Chan
Ah… but it is NOT a territorial dispute. It is China making false claim to invade others’ territories. Get your fact straight!
Couple with other countries’ territorial claims, there is still the international waters, where most of the world’s trade traverse. The US Navy had been using the same waters for nearly a century. What gives China the right to tell them to butt out? What does this make China?
I don’t buy into this argument that because China’s own so much US debts we should look the other way. Whoever you are, are you sure you’re American?
John Chan
@Chan Chan:
It seems you are confused, one minute you said “it is NOT a territorial dispute,” next minutes you said “Couple with other countries’ territorial claims,” so is it a territorial dispute or not?
Please do not confuse the freedom of navigation right and safe passage right with the territorial and marine resource rights. For the former, I think many in South China Sea including China would want the US to stay committed in the area. For the latter US must try its best not to get involved in the region.
Douglas P.
@John Chan:
With all due respects I value your comments and others’ in this blog. In a free society we all have our voice heard and share our opinions though we do have differences in our visions and beliefs.
Duke Chan
All Chinese bloggers:
Chinese fighters are the worst fighters historically. Do not threaten any one please. They were defeated 9 out of 10 historically, this will be 10 out of 10 defeat for them.
miki
the sinophobes are out in force here! if the Chinese don’t want another century of humiliation then they better start building up their armed forces fast. double spending on weapon systems every 3 years until its its equalled all the spendings made all the countries in the region. eventually it has to match the USA spending on killing machines. The Chinese army need to learn from the White man’s armed forces on how to kill and occupy, no wondered the natives in Americas, australia etc are virtually wiped out!
Mrs Mack
With the new Sino-Russian defense pact and increasing defense collaboration we have a pair with 20% of the world’s population and land area that will be hard to confront. The USA has about 5 years to provoke the Dragon and the Bear into conflict otherwise its all over. The growing military and economic clout of this pair will be too much for the US. And for past belligerence, it will have to hope that it is treated gently.
thomas w
china & russia are traditional enemies! It’s hard for them to be real friendly allies! Their alliance is just a marriage of convenience at best!
Tom
@david,
Until china stops pegging its currency to the dollar as resquested so many times before, the US still needs some more rounds of QE to boost its current bad-shaped economy!Go do some research about Monetary sovereignty ( China is one of those countries!)then come back and discuss!So far, the US has done the right things for its national interests, and of course not for china’s!!
david
I hope u really meant it. But thats not dose of medicine us needs right now, even those stupid politicians know it. Demos and repubs are all against it for the interest of us!!! By the way china has debased its rmb against us greenbacks since 2005 and has risen 25% against it ( more if u make inflation adjustments). But those has nt stemmed outflow of us wealth( QE kind of did the trick to some extent that u can call it technical default on us debt). The problem with us economy is not that, unlike china, us consumers hoard substantial savings for the rainy day, on the contrary, they just spend more than they earn for most of the time. No wonder that” buy ur way out of recession” approach this time around did nt work. Seeing their weath being diluted to such extent that the price of an ounce of gold has gone up ten folds since 2000, i suspect that ur ” printing more paper for the sake of us” argument doesnt fly with poor or middle income family.
Then there comes structure problem. Since us isnt competitive in manufacturing and agriculture industries against rivals, like japan, germany or china, they have shifted emphasis to the third sector- service. But the controversy is how that activity is evaluated. Therefore, the popular approach to calculate one’ GDP is through aggregation of all factors consumed, not real and tangible wealth created. So there is no arguing here why us is number one economy using this approach, with 15 trillions. But that doesnt track.
Simple extrapolation from basis mathmatics would yield that, each american needs to, on average, earn60,000 2010 dollars, to just keep himself from going bankrupt, let alone caring for young and old. As productive and innovative americans are, how on earth does he make that kind of money to justify the spending and this even ignores fact that us also spends enormous amount on defense, various infrastructure programs, healthcare and international aid and assistance at various levels of goverment. Dude, u can be as patriotic as u can and do as much research as u want, there aint anything u can do against the law of physics. when the ship is sinking, u can either throw some fat passengers overboard to buy the time needed to fix the leaking or u can just kee jumping on it to make it sink faster. But in view of squabbling on the capitol hill, nobody wants to make a sacrifice in order to save the us titanic.