
US Assistant Secretary of State Daniel Russel Tuesday criticized China's policy on the South China Sea in Washington. These comments may sound reasonable to nonprofessionals but are not even worth refuting by legal experts.
Russel claimed that China misunderstood US neutrality and stressed that Washington only maintains neutrality with regard to the competing claims in the area. But when it comes to "adhering to international law," the US will not be neutral and will "come down forcefully." The US backs the Philippines' lawsuit to the international maritime tribunal and said the arbitration will be binding for both China and the Philippines.
It is necessary for the US to elaborate what article of international law that China's land reclamation activities in the Nansha Islands have violated and what forceful coercion China's engineering ships have done to neighboring countries.
By claiming both China and the Philippines need to accept the decision of the arbitral tribunal, Russel has deliberately misguided public opinion. Despite joining the UN Convention on the Law of the Sea, China submitted a declaration in 2006, stating that China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in Article 298 of the Convention, which includes territorial disputes. Thirty-six countries, including South Korea, have made similar statements.
It's perfectly legal for China not to accept the arbitral tribunal's decision; in fact, forcing China to accept or abide by the arbitration result is illegal. Russel claimed the South China Sea issue has caused serious conflict between China and the US. But it needs to be pointed out that the conflict is at China's door, which is 12 time zones away from Washington. The conflict is actually imposed by Washington on us.
There are numerous claimants to the Nansha Islands. It's impossible for China to give up its sovereign claim; however, it didn't attempt to militarily expel Manila and Hanoi from the islands they illegally occupy. The Philippines deliberately stranded an old navy ship in China's Ren'ai Reef in 1999. It initially pledged to salvage the ship, but later on rascally reneged on this by reinforcing the ship. China has exercised restraint over the years. But Washington openly supports Manila's occupation of Ren'ai Reef. Where is the justice?
Chinese people never actually bank on Washington's neutrality, which doesn't exist at all. The US's South China Sea strategy serves its geopolitical purpose. Through lending support to Manila and Hanoi, it can realize its rebalance to the Asia-Pacific. South China Sea claimants have maintained the peace despite conflicts. The future situation will depend on how Sino-US competition develops, especially what intentions the US has in the South China Sea. As long as Washington doesn't want the tension to escalate, there will be hope for peace.
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