来源： 作者：蔡家声 时间：2016-05-06 18:41:46 点击：45
Dr Ka Sing Chua
Read below article for an impartial view of the South China Sea dispute by a Canaisdian lawyer
American Aggression against China
7 February 2016
On January 30th the United States committed a deliberate act of aggression against China when it sent the guided missile destroyer USS Curtis Wilbur within the 12 nautical mile territorial limit of
one of the Paracel Islands in the South China Sea. The islands are claimed historically by China, though Vietnam also has filed claims to the islands under the Law of the Sea Convention. The
Americans state that Taiwan also claims the islands but since Taiwan is just a province of China I will ignore that claim here.
The Chinese have the superior historical and present claim and the islands have long been administered by China. Chinese forces, either Kuomintang or communist, have occupied them since 1946. The
Chinese have both civilian and military facilities located on the largest of them, Woody Island, including a hospital, a bank schools, an airport, a seaport and a town hall and have built a large sea
port on Duncan Island. The islands are also popular with Chinese tourists.
The territorial disputes were settled long ago when the French tried to incorporate the islands into their Vietnamese territories but after the Sino-French War of 1884-85 France recognised the
islands, as well as the Spratly Islands, as Chinese territories. In 1933 the French stabbed China in the back and seized the islands but were then displaced by the Japanese in 1938.
The islands reverted to Chinese control at the end of the Second World War. There was a brief war between Vietnam and China over the islands in 1974 but the Chinese succeeded in maintaining their
control of the islands. The Vietnamese still contest this but the fact is that China’s historical claim and influence on the islands dates as far back as the 7th century A.D. and has been continuous
since that time.
The law that applies in this situation is the United Nations Convention on the Law of the Sea (UNCLOS) which was negotiated between 1973 and 1982 and came into full force in 1994. Almost every
country in the world has become a party to the Convention except for the United States which has refused to sign due to concerns it has about certain sections dealing with deep sea mineral mining.
However, the United States has always recognised the Convention as a codification of customary international law and therefore has accepted the 12 nautical mile territorial limit, allowed all
nations, including itself, as the law.
It is well to keep in mind that in 1988, President Reagan issued a proclamation extending American territorial waters to 12 nautical miles for national security purposes. Further, the United States
was a party to the negotiations regarding modifications to the treaty that were made in 1994 and once again affirmed, at that time, that it recognised the Convention as general international law.
In May 2007, President Bush recommended that the US Senate ratify the Convention. In January 2009 at her senate confirmation hearing, Hillary Clinton argued, before the Senate, that the Convention be
ratified. She argued for it again before the US Senate Committee on Foreign Relations in 2012 and both the Chairman of the Joint Chiefs of Staff, Martin Dempsey and the Secretary of Defence, Leon
Panetta, joined her in urging a quick ratification of the Convention, as did several senior generals and admirals. However, the Republicans succeeded in blocking ratification until today, on the
grounds that any law that limits the ability of the United States to do what it wants in the world is against American “interests.”
Nonetheless, the point is that the United States recognises that all nations are entitled to claim a 12 nautical mile territorial limit as China claims over the Paracel Islands. Even if the competing
claim by Vietnam was valid the limit still applies. Yet the Americans now arrogantly claim that they can go where they please and do as they like and that these limits do not apply with respect to
these islands, or, in fact, to any Chinese borders.
The American government, as reported by CNN, stated that it sent its war ship into the 12-mile limit to challenge “excessive maritime claims that restrict the rights and freedoms of the US and
others.” Who the others are was not stated. The statement was absurd on its face since no nation can send its war ships into another nations 12-mile limit without permission of that nation. To do so
is considered a hostile act, an act of war.
An American military spokesman for the US government, Commander Bill Urban, told CNN, “This operation demonstrates, as President Obama and Secretary Carter have stated, the United States will fly,
sail and operate anywhere international law allows. That is true in the South China Sea, as in other places around the globe.”The absurdity of his statement and the American position lies in the fact
that international law does not permit them to send their warships inside any other nations 12 mile limit without permission of that nation and they know it. Once again, the Americans display a
contempt for international law, and an arrogance towards the rest of the world, that seem to be without limit.
The American government and media bragged about the fact that “neither China, nor Vietnam was notified of their (US) intention to send their war ship inside the 12 mile limit.” The only right foreign
ships, and in particular foreign military vessels, have to pass inside the 12 mile limit is in a case of “innocent passage” that is when a ship is merely transiting the area and it must be with the
permission of that nation. But no war ship can pass inside territorial waters in a show of power or for any hostile reason whatsoever. But this is exactly what the American ship did, crossed into
Chinese territory with hostile intent.
So, while the Americans blow hard about complying with international law it is they who, once again, vigorously violate it. The Chinese government has rightly and strongly protested this hostile act.
Foreign Ministry spokesman, Lu Kang, stated the next day that the “United States is …pursuing maritime hegemony in the name of “freedom,” which was opposed by all developing countries and added that
the American action was “both dangerous and irresponsible.”
The United States is pushing China to respond to its aggression but the Chinese have exercised a great deal of restraint over the years in the face of a series of American provocations from spy
planes over-flying its air space to a series of naval exercises in the Pacific and South China Sea that are clearly aimed at China and are all part of America’s “pivot to the Pacific,” a shifting of
the concentration of its military forces to confront China, in fact a preparation for war on China. The question is how far the Americans are willing to push.
But they are pushing everywhere, like bullies on a drunk, roaming down a street beating and shoving aside anyone they meet. Recently the Iranians detained two small American patrol craft attached to
the American fleet in the Persian Gulf that entered Iranian waters. The presence of those boats in those waters at that time has given rise to a lot of speculation about their purpose but no answers,
except the obvious one of preparing for hostilities of one type or another. The Americans continue to press Russia in the Black Sea using both naval and air forces and are openly committing
aggression against Syria by sending their military units into Syria, allegedly to fight ISIS, without the permission of the Syrian government.And, at the same time as their ship violated Chinese
territorial waters, the Americans blasted Russia by claiming Russian planes had violated Turkish airspace, a claim the Russians vehemently denied and labelled the claim what it was, a
The double standards, the hypocrisy, the constant barrage of absurd statements by American officials about international law as they ravage it, are enough to make anyone doubt their sanity. But
unless we can talk about a national psychopathy with respect to the United States and the elite that governs it, and there is a lot of evidence that we can, we are forced to realise that the world is
faced by the threat of a gangster nation, a nation that lives for one purpose only, conquest and domination of the planet.
Once again the United Nations proves itself either a useful tool of the United States and its dependencies or completely irrelevant to what is going on. Once again democracy is shown to be an
illusion as the desire of all the peoples of the world for peace and cooperation among nations is ignored and worse, the desire for peace is called unpatriotic or treasonous; and the puppets in the
mass media are as guilty as their puppet masters as they manipulate the minds of the citizens they claim to inform and stir up the hot blood of war.
And so we wait, sweat dripping off our brows, our faces grim, our muscles tensed wondering where the next blow will fall, when the next provocation will take place, when the fuse will finally blow
and annihilate us all.
Christopher Black is an international criminal lawyer based in Toronto, he is a member of the Law Society of Upper Canada and he is known for a number of high-profile cases involving human rights and
war crimes, especially for the online magazine “New Eastern Outlook”.
From the Editor
The dispute of Senkaku or Diaoyui islands' ownership between China and Japan is concerning many people in Asia and around the world. On one hand Japan claims that she has the sovereignty over them
because they have been under her legal administration since the end of World war 2. While China claims that they belongs to China from the historical perspective. Japan under the Peace Treaty at
the end of World War 2, supposed to return the ownership of these islands back to China. But for some unforeseen circumstances, with the eruption of China civil war, China failed to claim them back
formally from Japan.
Who actually owns this island is the burning issue.
We hope that it will be resolved one way or the other through peaceful negotiation. Failing that, we suggest that the case be decided in the International Court and tribunal. It is better that way
than trying to fight it out militarily. It is not worth having the war to determine the ownership of these islands. As the destruction will be far worse than the benefit for either side. Moreover if
a war is declared , its implication will be unmeasurable in term of its influence with the development of China and Japan. Its disastrous effect will not only affect China and Japan but will extend
to all Asia countries and the world like Europe and US etc. No one is an island anymore. The war will bring enormous economic disaster, humanity hardship and suffering for many many people,
not confined to the Chinese and Japanese.
Cover design for this issue was done by our webmaster James Yin. Thank you James.
Let us hope that the leadership of China and Japan are wiser than that.
we are looking for a bilangual Editor and Assistant Editor to assist us in compiling our regular Emagazine etc. It is voluntary contribution without monetary remuneration. If you are interested,
please contact Dr Ka Sing Chua at firstname.lastname@example.org or email@example.com
I would like to take this opportunity to again thank my special assistant Dr Yit Seng Yow for patiently help to compile our Emagazine and many other voluntary contributors. Without them, we would not
have our regular Emagazine for you to enjoy.
The Abe administration’s arrogance of power moment
BY KOICHI NAKANO AND NANCY SNOW - SPECIAL TO THE JAPAN TIMES - JUL 16, 2015
On the cusp of the 70th anniversary of the end of World War II when Emperor Hirohito made his historic speech of surrender, the Abe government is attempting to drive through the Diet 11 security
bills that will forever alter the landscape of Japan’s postwar history. The nation that does not wage war will be no more if it gets its way.
Guided in its efforts is a military-industrial complex that is salivating to get Japan to share the burden of fighting with its closest ally, the United States. Japan has recently expressed interest
in joining the North Atlantic Treaty Organization missile-building consortium, a move in seamless alliance with this New Normal for Japan, a normal that we believe threatens global security.
As scholars from Japan and the U.S., we oppose the new security bills and call on anyone who is unfamiliar with what’s happening to get informed. What we have here is legislation without
representation; at its worst, tyranny.
In clear violation of Article 9 of the Constitution, which famously renounces war as a sovereign right of the nation and the threat or use of force as a means of settling international disputes,
these bills would provide for Japan’s Self-Defense Forces to cooperate actively with U.S. and other foreign military operations overseas. If adopted, Japan will be able to use military force even
when it is not attacked, under the name of collective self-defense. Let us not mince words: this spells the end of Article 9 without ever formally amending it according to due process of law.
We cannot believe any assurances from a prime minister who thinks nothing of the constitutional ban and popular opposition that these security bills will strictly limit Japan’s military role. This
legislation opens the door to virtually unfettered government discretion over the use of force that violates Japan’s fundamental principle over six decades of an exclusively self-defense posture.
The Japanese people, having been the only population to suffer atomic bombs, are overwhelmingly in support of maintaining peaceful relations with the world. They wish to protect the sanctity and
heritage of Article 9. A nation that renounces war is part of Japan’s peace national brand, and has allowed Japan to develop as a world class economic and culture power with a strong mandate for
humanitarian assistance, disaster relief and development aid.
Should these security bills get passed, Japan will no longer be able to advocate for a peace and nonviolence paradigm in national security. Our view is that Japan’s peace Constitution should not be
altered but should continue to serve as a model for other countries. It should certainly not be “reinterpreted” arbitrarily by the government of the day.
Article 23 of the Constitution guarantees academic freedom, and it is within this guarantee that we, as public scholars in Japan and signatories to the Association of Scholars Opposed to the
Security-related Bills, are speaking out. One of us is an Abe fellow at Keio University and former Fulbright scholar at Sophia University; the other is a political scientist at Sophia University who
received the Friend of the Free Press award this spring from the Foreign Correspondents’ Club of Japan.
We stand with the growing political protests from scholars, students, lawyers, workers and mothers that are coalescing against a government displaying total disregard for democratic speech and
assembly. Japan is the closest Asian ally to the U.S. and we take this binational alliance of democracies literally and to heart. We oppose this government fait accompli that refuses to listen to
citizen debate, discussion, or dialogue. We call on the Abe government to observe the democratic and constitutional due process before it does irreparable damage to the national character of postwar
The Abe government has shown no concern for the Japanese people. It is attempting to circumvent the Constitution by ramming the security bills through the Diet without the constitutionally mandated
process for a constitutional revision (Article 96) requiring a two-third majority of both houses of parliament and a majority support from the people in a special referendum.
We write, backed as we are from thousands of scholars and millions of Japanese who share our opposition, to object to the security bills in principle and process. Our objections are marinated with
affection, concern and care for Japan and the Japanese people.
Prime Minister Shinzo Abe’s administration cannot claim to have a popular mandate for imposing these changes, even if we leave aside the unconstitutionality of the bills. It has a large majority in
both houses only because of record-high voting abstention rates, a divided opposition, a muzzled media, the bias of the first-past-the-post system, and the enormous disparity of the value of the vote
that has been repeatedly ruled to be in a state of unconstitutionality by the courts.
In reality, only one in four voters actively voted for Abe’s Liberal Democratic Party. The prime minister has, nevertheless, said that within 20 to 30 years he will be vindicated; thus, public
opinion, which he seems to view with disdain, is dismissed. We believe that the Japanese people deserve more credit and respect than what they are being shown by their government.
These security bills stand against Japan’s well-deserved human security reputation in the world. Human security puts people’s needs and rights first, and views security within the prism of a
multidisciplinary understanding of the world that involves development studies, education, science and technology for good, and peaceful international relations.
The United Nation’s Human Development Report of 1994 argues that global human security is about promoting “freedom from want” and “freedom from fear” for all people. With Japan’s growing poverty
indices, aging population and record-breaking national debt, these security bills, if passed, will likely lead to greater insecurity just at the time when Japan itself is seeking to become a bigger
player again on the world stage. Before Abe flexes his military muscles, indulges himself in historical revisionism and preaches to China about the rule of law, he should observe the principle of
rule of law at home.
By turning a blind eye on Abe’s arrogance of power moment, the U.S. risks not only aggravating the regional tension and rivalry in Asia-Pacific, but also antagonizing the Japanese public, who came to
embrace the postwar values of constitutionalism, democracy and peace.
Koichi Nakano is a professor of political science at Sophia University. Nancy Snow is an Abe fellow and a visiting professor at Keio University.
China warns Japan against ‘crippling regional peace’ after passage of security bills
AFP-JIJI, JIJI - JUL 17, 2015
BEIJING/SEOUL – China on Thursday urged Tokyo to avoid “crippling regional peace and security” after the Lower House passed bills that could see Japanese troops fight abroad for the first time since
World War II.
“It is fully justified to ask if Japan is going to give up its exclusively defence-oriented policy,” China’s foreign ministry spokeswoman Hua Chunying said in a statement.
“We solemnly urge the Japanese side to … refrain from jeopardising China’s sovereignty and security interests or crippling regional peace and stability,” Hua said in the statement posted on the
Hua described the passing of the bills as “an unprecedented move since the Second World War.
Japanese forces launched a full-scale invasion of China in 1937 and the wartime history between the Asian powers still heavily colors their relations today.
Beijing — which is also embroiled in a territorial row with Tokyo over disputed islands in the East China Sea — regularly accuses the government of Prime Minister Shinzo Abe of showing insufficient
contrition for the conflict.
Hua referred to the 70th anniversary of Japan’s defeat in its conflict with China, which Beijing calls “the Chinese People’s War of Resistance Against Japanese Aggression.”
“We solemnly urge the Japanese side to draw hard lessons from history,” she added.
The vote on Japan’s military marks a victory for Abe and other nationalists, who have ignored popular anger in a bid to break what they see as the shackles of the U.S.-imposed Constitution.
China’s official Xinhua news agency condemned the move, saying it meant “a nightmare scenario has come a step closer for Japanese people and neighbouring nations.
If passed, the bill will “tarnish the reputation of a nation that has earned international respect for its pacifist Constitution over a period of nearly seven decades,” it said.
Meanwhile, South Korea also reacted to the passage of the bills — although in a muted manner.
A South Korean Foreign Ministry spokesman on Thursday called on Japan to stick to its Constitution.
Japan should conduct discussions on its defense policy while adhering to the spirit of the pacifist Constitution, and in a way to contribute to regional peace and stability and in a transparent
fashion, the spokesman said at a press conference.
The spokesman reiterated Seoul’s stance that actions that could affect security conditions on the Korean Peninsula and the national interests of South Korea should not be taken without consent from
But the spokesman stopped short of directly making a comment criticizing the Lower House approval of the security bills or showing concerns over the development.
South Korea hopes to continue close consultations with Japan while keeping a close watch on upcoming deliberations on the bills at the Upper House.
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This edition of the Huaren magazine is by far the best of any production I have seen globally.
Obviously, the standard of the magazine, as judged by the caliber of the authors and the content, is sophisticated and intellectual, has jumped leaps and bounds.
Please accept my personal congratulations to a publication, now in the leading edge of the Chinese Diaspora. Keep the standard up and keep it coming.
Congratulations, once again and well done.
Dr Anthony Pun,
Cbinese Community Council of Australia.l
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Previous Huaren E-Magazine
E-Magazine September 2011
E-Magazine May 2011
E-Magazine January 2011
E-Magazine, May, 2010
E-Magazine - January, 2010
E-Magazine - September, 2009
E-Magazine - May, 2009
E-Magazine - Jan, 2009
E-Magazine - Sep 2008
E-Magazine - May 2008
E-Magazine - January 2008
E-Magazine - Sep 2007