Why Has China Been Refusing to Submit Its Bogus ‘Undisputable Sovereignty’ Claims Of South China Sea To International Court?

Based on applicable international maritime and related laws, China knows that if she petitions the United Nations International Court of Justice or the International Tribunal for the Law of the Sea to affirm  her dubious claim that she owns everything in the South China Sea aka West Philippine Sea — her chances of winning are about as likely as having a snowfall in the Sahara desert.

Both Courts have proper jurisdictions to settle sovereignty issues between nations  regarding marine territories — such as those concerning the Spratly and Paracel islands.

Let’s imagine  what most likely would happen if  China does take her case to the International Court of Justice  and the representative of China — let’s call him Mr. Lee — is before the Court headed by the Presiding Judge. Consider this scenario:

Judge:  “Please inform this Court of the basis  for your claim that the entire South China Sea aka West Philippine Sea belongs completely to the People’s Republic of China?”

Mr. Lee: “Thank you, your honor. Our claim  is based on the historical fact that this entire area has belonged to us since the Han Dynasty.”

Han dynasty Map1 Why Has China Been Refusing to Submit Its Bogus Undisputable Sovereignty Claims Of South China Sea To International Court?

Judge: “How do you intend to prove your case?”

Mr. Lee: “I will present to this Court an almost two thousand year old Han Dynasty map that indicates the limits of the Han Dynasty kingdom.”

Judge: “Let’s  assume for purposes of discussion  that  the Philippines, Vietnam, Malaysia, Brunei and other surrounding countries were provinces or part of the Han Dynasty during its time even if the map you hold may just actually be a navigational map which does not really define the limits of the Han Dynasty. Now  my study of China’s history indicate that the Han Dynasty lasted from 206 B.C. To 220 A.D.  Is this correct?”

Mr. Lee: “Yes your honor.”

Judge: “I  assume Mr. Lee that you are familiar with Alexander the Great, the young Macedonian king who conquered much of the ancient world.”

Mr. Lee: “I am, your honor.”

Judge: “At the time of his death in 323 B.C., Alexander’s kingdom included Greece, Syria, Persia now known as Iran, Egypt and a part of India. Are you aware Mr. Lee that Macedonia, Alexander’s country — is now known as the Republic of Macedonia?”

Mr. Lee: “If you say so your honor.”

Judge: “Good! You appear to know your history. I assume you are also familiar with the Roman Empire which existed for over a thousand years.”

Mr. Lee: “Thank you your honor, I do read history.”

Judge: “You are then aware Mr. Lee that at its height, the Roman Empire included most of Europe and parts of Africa and Asia.”

Mr. Lee: “I am aware, your honor.”

Judge: “Now Mr. Lee, since the time of Alexander, the Roman Empire and the Han Dynasty — through the course of time and historical events, various  independent countries have emerged in Europe, Africa and Asia — which now have their own respective territories. This is a reality which  we all have to accept, wouldn’t you say?”

Mr. Lee: “We cannot deny reality, your honor.”

Judge: “Now Mr. Lee, another undeniable reality is that Alexander’s empire, the Roman empire and the Han Dynasty kingdom are no longer existent — am I correct in my observation?

Mr. Lee: “You are correct, your honor.”

Judge: “Now Mr.Lee, in all candor, do you seriously believe that if the Republic of Macedonia and the Italian government were to come before this Court and petition us to affirm that they own the territories of these now independent  countries because they were once a part of Alexander’s empire or the Roman empire — that we would be persuaded to grant these petitions?”

Mr. Lee: “I understand what you are getting at, Judge — but most of what we are claiming as ours is marine area and not land.”

Judge: “The Spratlys and the Paracel islands are not land? Anyway, isn’t it a fact that China is a signatory to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which she ratified on July 6, 1996 thereby agreeing to be bound by its provisions — and part of which is that anything within 200 miles from the baseline of a country belongs to that country?

Mr. Lee: “China did agree to those provisions at a time when it was not yet aware of the far reaching consequences of UNCLOS to her national interests.”

Judge: “I will not mince my words Mr. Lee. What you mean is that at that time, the world, including China, was not yet aware, that vast deposits of oil and natural gas were to be found within the territorial limits of neighboring countries. Now because of this awareness, even if China knows she is trespassing and violating international law, she is using the coercive might of her size, military or otherwise — to grab these enormous reserves of petrowealth from the territories of her smaller, weaker, poorer neighbors — who badly need these assets to improve the plight of their own people.

Postscript:  In view of all the facts and existing applicable law,  the likelihood  is that the UN court will find China’s petition to be without merit.

Notwithstanding requests from the Philippines,  neighboring countries and the United States  to bring West Philippine Sea sovereignty issues to the United Nations, China has steadfastly refused to do so. Instead, it is constantly involved in mind games, using scare tactics, insisting that everything in the whole West Philippine Sea is theirs and that this issue is non-negotiable.

By so doing, the gigantic oil hungry  dragon seeks to condition the national minds of her neighbors  to forcibly accept inequitable bilateral settlement agreements — without United Nations or United States involvement. The Philippines, Vietnam and other neighbor countries must not fall into this trap. They should unite and create an alliance and insist — with the aid of the global community, with military means if necessary — that China should respect their rights and leave their national patrimony alone.

The most loudly applauded part of President Benigno Simeon Aquino’s State of the Nation speech was his strong affirmation that what belongs to the Philippines stays in the Philippines. Everyone understood his meaning:  The Philippines will stand firm against China’s bully tactics and mind games in trying to grab our energy and marine resources.

What a big difference  to have a trustworthy President who provides moral leadership and looks after the interests of the nation instead of one ready to sell out the country’s patrimony for personal gain.

Commentary: Based on the historical claim of the Han Dynasty’s Territory, China is doing a disservice to its current territory integrity as the current China encompasses more land than the Han Dynasty’s land. According to its claim grounded on the Territory of the Han’s Dynasty, the new territories acquired throughout the history should be independent from China. Reasonable arguments should be 2-sided.

Note: The California State Bar honors Attorney Ted Laguatan as one of the best lawyers in the country. He is one of only 29 U.S.  lawyers officially certified continuously for more than 20 years as an Expert Specialist in Immigration Law. For communications: (San Francisco area)

Via Inquirer Global Nation: Why China will not bring the Spratlys issue to the United Nations

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3 Responses to Why Has China Been Refusing to Submit Its Bogus ‘Undisputable Sovereignty’ Claims Of South China Sea To International Court?

  1. Jesus Christ, China is really down-right fucked up!

    They present a two-thousand year old map to present claims in our modern world. What kind of fucking bullshit is that? The Chinese aren’t just hungry of Goddamn fried rice anymore. They also want oil and that’s why they are so fucking forceful and determined to capturing the islands. Damn it, and I am confident they want to conquer these islands as they would occupy these and fortify the positions to fight back the United States if they were to come in and assist in war. Either way, those Chinese pricks would get horribly awaken when they see massive fleets of ships and aircraft coming their way.

    Burn China. The Land Of The Fake. Burn them all like you burn pirated goods!

  2. NaUnsaNamanNi says:

    I have a solution to end china’s increasing belligerence in West Philippine Sea. It’s very expensive & challenging project but, hey Filipinos! This is our last chance and all Filipinos worldwide should contribute financially. No more games for corruption or you will be slaves or faced ethnic cleansing by the chinks! I proposed a plan to build,”The Great Wall of the Philippines” at the border of 200 Nautical Mile[NM] Exclusive Economic Zone[EEZ]. First, we need to create a fortified tower at the border of 200 NM EZZ armed with Anti-Cruise Missile or Anti-Ship Missile or secret invention could be added later. We will let our talented Filipinos or outside great minds to figure it out. If you can think of it, you can make it. You are only limited to how far you can think of. If you have any great ideas, share it. But if it’s too sensitive that it needs secrecy to surprise the enemy then save it, & share it to proper authorities to help us win the near future war with china. If we can control our sea borders with Mega Fortified Towers armed to the teeth with new war technology, then we have a chance to defeat china’s navy fleet. If we would be successful with this mega-project, and of course, the Scarborough Shoal is in it, then there you have it. No more chinese poachers to eat our indigenous turtles or take our natural resources away.
    Don’t let President Noy Aquino to invite chinese oil company for joint oil exploration anywhere in any circumstances or whatsoever. How could we trust them, if they already rob our natural resources in front of us in our own frontyard. In fact, they have a plan to take the Philippine territory by conquest with Taiwan first, Japan, Korea, Singapore, Vietnam, Thailand, Indonesia, etc as their FIRST ISLANDS OF DEFENSE. Google search Hegemon: China’s Plan to Dominate Asia and the World [Paperback] Steven Mosher (Author)
    So share, what’s in your mind to help us win this near future war with this ridiculous war mongering china?

  3. eduardo marquez says:

    They refuse to accept that the Ming dynasty recognized and respected the territorial boundary of Spain in the process of colonizing the Philippines. Not the same with the Qing dynasty. After finally eliminating the remnants of the Ming dynasty, they set their eyes on the rich fishing ground of South China ventured on by their large southern fishing fleet supplying the imperial court with exotic marine products like sharkfins, abalones, sea cucumber, clams and other rare items. The Spratly and Palawan having been in Spanish control, they secretly supported the Sultanate by trade of arms for slaves to regain lost territory in a war that lasted more than a century. That finally stopped when France annexed Vietnam that choked the sea route as Spanish was always around the Spratly conducting naval blockade forcing the Sultanate to sue for peace in 1876. (However, they again turned to the BNBC in 1878, leasing Sabah with a grant for supply of arms). No claims were again asserted until 1930 when the islands were not mentioned in the Treaty of Great Britain and U.S., and again in the 1935 Philippine Constitution.

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