China, what law is it?

Wandering for so long but never touching this issue, I’m trying to find out what law China refers to — UN Convention on the Law of the Sea (UNCLOS) or something else — that it banks on or argues in justifying its aggression, bullying, and barbaric behavior in the West Philippine Sea (WPS). Nil.

With brute force and superior military might, Imperial China overwhelms our weak and minuscule maritime assets, making us unable to stop its illegal acts. They loiter, drive us away, seize maritime features, and build military bases in our Exclusive Economic Zone, claiming them as their own. Despite many so-called talks and arrangements between the parties in conflict to reduce tension and avoid unnecessary or untoward incidents, Emperor Xi merely continues to blabber and does the reverse. Simply put, they are double-talking.

At every opportunity, in any incident, Imperial China argues that its illegal and bullying activities comply with international law. Huh! But as we said — what international law? Under what article, section, or paragraph do you refer to, Emperor Xi, in justifying your illegal acts in the WPS?

What I understand is that they not only misapply but flagrantly violate international law — UNCLOS — on the disputed waters. At the same time, they insist on historical points, imposing a nonexistent and imaginary so-called nine-dash line, which stretches down past Vietnam and the Philippines toward Indonesia, encompassing virtually all of the South China Sea to delineate their claims. Wow!

There’s nothing in international law that gives Imperial China any legitimate claim over the WPS. In fact, China’s submitted position — even though they didn’t show up at the International Tribunal, which heard and litigated the case — was trashed for having no legal basis. Now, it is clear that the so-called nine-dash line is a mere excuse.

Without any legal justification, Chinese leaders rely more on a vague historical argument, citing their interaction with the South China Sea as far back as the Western Han Dynasty during the 2nd century BC (before the birth of Christ). They claim that Chinese people were in the South China Sea for fishing and other commercial or trading activities with other peoples.

Were the Chinese the only nationality in that historical period? I don’t and can’t believe so. Filipinos, per Chinese records, were indicated to have traveled to China even before the Chinese arrived in the Philippines, aside from trading with neighbors — including the Chinese.

That’s one reason why scholarly studies have also indicated the doubtful nature of this historical argument. Besides, UNCLOS does not grant signatories the right to make claims based on historical legacy, and the concept of a “historic claim” lacks a clear basis in international law. Hence, the International Tribunal in 2016 rejected their argument.

My thinking tells me that the claim by the Chinese on a nonexistent or unidentified international law and the imaginary nine-dash line are mere cosmetics to disguise their real aggressive and expansive actions designed to seize and control the WPS with sheer might. They think no one can stop them, and that is quite obvious from what we see with our bare eyes.

The world’s largest China Coast Guard vessel, CCG 5901, which is 165 meters long, stands by near the Zambales shores. What else does that mean?

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