December 15, 2014 was the deadline for Beijing to formally file a written response to the arbitration case the Philippines filed against her under UNCLOS. She chose to ignore it.
Instead, she publicly announced her "legal arguments” to the court of
public opinion last week.
Which is the
international due process equivalent of choosing to rant in a public park with
a megaphone instead of appearing under oath in front of a judge.
Which did not
really come as a surprise to the international community.
It is common knowledge
that Beijing's claims in the South China Sea have no basis at all in
international law.
Its
claim of "ancient historical rights" over the entire South China Sea will
quickly unravel the moment legal experts try to trace back Chinese history -
and point out the obvious fact that the current Chinese
Republic was only born in 1911.
Before that, China was ruled by the Manchurian Chings. A race of people which is not only not
Chinese, but has virtually been culturally “erased” in present-day Chinese life (and is
maybe a hint to the peoples of Southeast Asia on the fate that awaits them
should they fall under the control of Beijing too).
This will
be further compounded by the fact that, in the 300 or so years the Manchurian
Chings ruled China, they have never made any claim of sovereignty over the
entire South China Sea. Nor does it
appear in any Manhurian Ching map that the entire South China Sea is part of
Manchurian China.
Which
again is not surprising. The Manchurian Chings
were no fools. If they publicly made
that claim, they would have been the butt of ridicule of the European Powers -
whose navies ruled the waves at that time.
And who, in the first place, were the ones who named these waters “South
China Sea”. Not the Manchurian Chings or
any other previous rulers of China. Ethnic
Chinese or otherwise.
So this
snub by Beijing of the Hague-based UNCLOS arbitration tribunal is really a big moral
and psychological victory for the Philippines.
Avoidance is always associated with guilt in any arbitration situation.
But
more importantly, it demonstrates to the whole world that Beijing substantially
marches to the beat of its own drum. And merely pays lip service to international laws and agreements which
she is a party to.
She
will take what she wants. And it is either
her way or the highway!
The Gentle Giant Panda is in reality a Honey Badger…
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