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China's Claim ‘A Gigantic Historical Fraud’ - SC Justice; China's invasion of the Spratly's is based on fake basis
Topic Started: Tue Jun 10, 2014 11:30 am (1,102 Views)
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photo credit: West Philippine Sea / Scarborough Watch page

SC justice says China's claim ‘a gigantic historical fraud’

By MARK MERUEÑAS, GMA NewsJune 9, 2014 8:35pm

Saying disputed territories like the Spratly Islands and the Scarborough Shoal never figured in maps of China before 1947, a senior justice of the Supreme Court called the Asian power's claim over almost all of the territories in the South China Sea “a gigantic historical fraud.”

In a speech at the De La Salle University Friday, Senior Associate Justice Antonio Carpio said China's claim based on its nine-dashed line theory covers almost 90 percent of the total area of the South China Sea, and encroaches on 80 percent of the Philippines’ 200-nautical mile exclusive economic zone (EEZ) and 100 percent of its 150-nautical-mile extended continental self (ECS).

"(But) it is clear, patent obvious from all these ancient Chinese maps, whether made by Chinese authorities and individuals or by foreigners, that the southernmost territory of China has always been Hainan Island. Throughout the Chinese dynasties, China's territory never included the Spratlys and Scarborough Shoal," Carpio said.

Carpio said teaching Chinese leaders and citizens after 1947 that China has "historical rights" to the South China Sea was part of a propaganda that Chinese people now consider as "historical facts." China's nine-dashed line map was said to have been drawn that year.

In his presentation entitled, "Historical Facts, Historical Lies, and Historical Rights in the West Philippine Sea”, Carpio presented dozens of ancient Chinese and Philippine maps made either by Chinese, Filipinos, and foreigners to support the Philippines' claim over the West Philippine Sea.

"There is not a single Chinese map, whether made by Chinese or foreigners, showing that the Spratlys and Scarborough Shoal were ever part of Chinese territory," Carpio said.

Carpio noted that as late as September 29, 1932, the Chinese government through a note verbale to the French government officially declared Hainan Island as the southernmost part of the Chinese territory.

Carpio said this would mean Scarborough Shoal, which is 500 nautical miles from Hainan Island, "is not part of, and could never have been part of, Chinese territory."


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The claim made by China under the 9-dashed line map is "glaringly false... and an egregious lie, and patently contrary to indisputable historical facts." He added: "China's 9-dashed line claim is on its face a gigantic historical fraud.”

According to China's nine-dashed line map, its southermost part territory is not Hainan Island but James Shoal, 50 nautical miles from the coast of Bintulu, Sarawak, Malaysia.

In the nine-dashed line map, Scarborough Shoal or Huangyan Island to the Chinese is the Nanhai island that 13th century Chinese astronomer-engineer-mathematician Guo Shoujing allegedly visited in 1279.

Carpio, however, said an official Chinese document published in January 30, 1980 titled "China's Sovereignty Over Xisha and Zhongsa Islands Is Indisputable" states that the Nanhai island visited by Shoujing was actually not Scarborough Shoal but Xisha or the Paracels, which are 380 nautical miles from Scarborough Shoal.


Carpio said it was physically and legally impossible for Scarborough Shoal to be Nanhai Island, because the Nanhai that Shoujing described was large enough for the 27 Chinese observatories that he installed on the island.

The Scarborough Shoal is composed of a "few barren rocks that barely portruded above water at high tide," Carpio said.

China has repeatedly invoked this "historical claim" over the South China Sea but Carpio had insisted, as he had repeatedly done in past speeches that the UNCLOS, the United Nations Convention on the Law of the Sea, had extinguished all historical rights of other states within the 200-nm EEZ of the adjacent coastal state.


Carpio and the West Philippine Sea issue

Since last year, Carpio has taken a clear stand on the West Philippine Sea issue in a number of his public speeches.

In August last year, Carpio, before the Philippine Bar Association, expressed his fear that territorial claims over disputed areas of the South China Sea could end up being dictated by naval strength and not by the Rule of Law.

Three months before that, Carpio spoke before law students of the Pamantasan ng Lungsod ng Maynila where he tackled the same subject. He said that under the United Nations Charter, a winning state in a decision by the International Court of Justice can ask the Security Council to enforce the decision.

Carpio's practice of taking on the issue of the controversial territorial dispute was expected especially since he was the magistrate who penned the Supreme Court decision that unanimously affirmed the constitutionality of the Philippine Archipelagic Baselines law of 2009.

The Baselines Law was passed to beat the deadline of the UN Convention on the Law of the Seas (UNCLOS). Under the UNCLOS, a country's 200-nautical-mile exclusive economic zone (EEZ) is determined to extend outward from that country's baselines. -NB/KG, GMA News

http://www.gmanetwork.com/news/story/364910/news/nation/sc-justice-says-china-s-claim-a-gigantic-historical-fraud


JUSTICE ANTONIO T. CARPIO

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Born in Davao City, Philippines, Justice Antonio T. Carpio was sworn in as member of the Supreme Court on October 26, 2001. Justice Carpio obtained his law degree from the College of Law of the University of the Philippines where he graduated valedictorian and cum laude in 1975. He placed sixth in the 1975 Bar Examinations. He earned his undergraduate degree in Economics from Ateneo de Manila University in 1970.

In his student days, Justice Carpio was Chairman of the Editorial Board of the Philippine Law Journal of the U.P. College of Law. He was Editor-in-Chief of The Guidon, the school paper of Ateneo de Manila University. He also served as Managing Editor of the Philippine Collegian, the school paper of the University of the Philippines.

Fresh out of law school, Justice Carpio went into private practice and founded the Carpio Villaraza and Cruz Law firm. He was a Professorial Lecturer of the U.P. College of Law from 1983 until 1992 when he was appointed Chief Presidential Legal Counsel, Office of the President of the Philippines.

Justice Carpio was a member of the Board of Regents of the University of the Philippines from 1993 to 1998. He was a member of the Technology Transfer Board of the Department of Industry from 1978 to 1979. He served as Special Representative of the Department of Trade for textile negotiations from 1980 to 1981. He was elected President of the Integrated Bar of the Philippines, Pasay-Makati Chapter (1985-1986), Director of the U.P. Law Alumni Association (1984-1989), and Director of the Philippine Bar Association (1989-1990).

For his "distinguished and exemplary service" to the Republic, Justice Carpio was awarded in 1998 the Presidential Medal of Merit by then President Fidel Ramos. In 1991, Justice Carpio received the Outstanding Achievement Award in Law from the Ateneo de Manila Alumni Association. In 2002, he was also the recipient of the Distinguished Alumnus Award from the Ateneo de Davao Alumni Association. In 2009, he was conferred a Doctorate of Laws, honoris causa, by the Ateneo de Davao University.

Justice Carpio is the Chair of the Second Division and Chair of the Senate Electoral Tribunal.
http://sc.judiciary.gov.ph/aboutsc/justices/j-carpio.php



Related stories:

Chinese Scholars Call For The Elimination Of Baseless Claim Of U-Shaped Line
http://w11.zetaboards.com/NDSFP/topic/10183853/1/

China's Claim to the Spratly's Is Invalid
http://w11.zetaboards.com/NDSFP/topic/9151714/1/

China's Bullying in The West Philippine Sea
http://w11.zetaboards.com/NDSFP/topic/9802884/1/

China's invasion of Panatag shoal
http://w11.zetaboards.com/NDSFP/topic/9347650/
Edited by Flipzi, Tue Jun 10, 2014 11:51 am.
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Justice Carpio debunks China’s historical claim of South China Sea

JUNE 7, 2014

By ELLEN T. TORDESILLAS

USING China’s very own ancient maps, Justice Antonio T. Carpio debunked the Asian superpower’s ownership claims of almost the whole of South China Sea based on “historical facts.”

In lecture at De La Salle University “Historical Facts, Historical Lies and Historical Rights in the West Philippine Sea,” Carpio took up China’s invitation to look at the “historical facts” by examining not only Chinese ancient maps but also maps of Philippine authorities and other nationalities.

Carpio said “All these ancient maps show that since the first Chinese maps appeared,the southern most territory of China has always been Hainan Island, with its ancient names being Zhuya, then Qiongya, and thereafter Qiongzhou. “

“Hainan Island was for centuries a part of Guangdong Province until 1988 when it became a separate province,” he added.

Carpio said that after the Philippines filed in January 2013 its arbitration case against China before an international tribunal, invoking UNCLOS (United Nations Convention on the Law of the Sea ) to protect the Exclusive Economic Zone of the Philippines, China stressed “historical facts” as another basis for its maritime claims in the South China Sea.

Carpio said Chinese diplomats now declare that they will not give one inch of territory that their ancestors bequeathed to them.

He quoted General Fang Fenghui, Chief of Staff of the People’s Liberation Army, during his recent visit to the United States saying, “territory passed down by previous Chinese generations to the present one will not be forgotten or sacrificed.”

Carpio said “Historical facts, even if true, relating to discovery and exploration in the Age of Discovery (early 15th century until the 17th century) or even earlier, have no bearing whatsoever in the resolution of maritime disputes under UNCLOS. Neither Spain nor Portugal can ever revive their 15th century claims to ownership of all the oceans and seas of our planet, despitethe 1481 Papal Bull confirming the divisionof the then undiscovered world between Spain and Portugal. The sea voyages of the Chinese Imperial Admiral Zheng He, from 1405-1433, can never be the basis of any claim to the South China Sea. Neither can historical names serve as basis for claiming the oceans and seas.

The South China Sea was not even named by the Chinese but by European navigators and cartographers. The Song and Ming Dynasties called the South China Sea the “Giao Chi Sea,” and the Qing Dynasty, the Republic of China as well as the People’s Republic of China call it the “South Sea” without the word “China.” India cannot claim the Indian Ocean, and Mexico cannot claim the Gulf of Mexico, in the same way that the Philippines cannot claim the Philippine Sea, just because historically these bodies of water have been named after these countries.”

Carpio said in the early 17th century, Hugo Grotius, the founder of international law, wrote that “the oceans and seas of our planet belonged to all mankind, and no nation could claim ownership to the oceans and seas. “

This revolutionary idea of Hugo Grotius later became the foundation of the law of the sea under international law.

To download Carpio’s complete speech please go to https://dl.dropboxusercontent.com/u/18010607/The%20Historical%20Facts%20in%20the%20WPS.pdf

- See more at: http://verafiles.org/justice-carpio-debunks-chinas-historical-claim-of-south-china-sea/#sthash.PqbtT7hz.dpuf
Edited by Flipzi, Tue Jun 10, 2014 12:11 pm.
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Facepalm on China from Germany

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PHOTO: 1735 Chinese Map: German Chancellor Angela Merkel presents Chinese President Xi Jinping with a map of China from the 18th century at the Chancellor's Office on March 28, 2014 in Berlin.

GERMAN LEADER MERKEL PRESENTS TO CHINESE LEADER XI JINPING A 18TH CENTURY MAP THAT DOENST INCLUDE TIBET, THE SPRATLYS, THE PARACELS, SCARBOROUGH AND THE REST OF THE SOUTH CHINA SEA

Maybe Heads of State Shouldn’t Give Maps as Presents

TIME MAGAZINE time.com,
Emily Rauhala / Beijing @emilyrauhala April 2, 2014

When German chancellor Angela Merkel gave Chinese president Xi Jinping an antique map of his country as a gift, during his recent visit to Berlin, she couldn’t have known what a stir it would cause

***

Chancellor Merkel probably meant well. In Berlin last week, she gave her guest, Chinese President Xi Jinping, a 1735 map of China made by esteemed French cartographer Jean-Baptiste Bourguignon d’Anville (1697–1 782). The map, part of a series by d’Anville, was based in part on information gleaned by Jesuit missionaries. It was well-regarded at the time and republished for decades to come.

A perfect gift for a visiting dignitary, right? You would think so. But ever since the exchange, China’s Internet has been buzzing about the gift. Why did Merkel choose this particular item? What was the message in the map?

For students of Chinese history, the date jumps out. This was the height of the great Qing Dynasty, specifically the year when the Qianlong Emperor ascended to power. He presided over a military expansion west and north, but his death, in 1799, is associated with the period of decline that followed.

And then there are the boundaries. Armed Forces of the Philippines 1735 d’Anville map shows “China proper” as a land mass separate from areas like Xinjiang, Tibet, Mongolia and Manchuria. The island of Hainan is drawn in a different color, as is Taiwan. This depiction is utterly at odds with how history is taught here.

Chinese students learn that these areas are inalienable parts of China, and that they have been for a long, long time. One netizen described the map as a “slap” from Merkel. “We always say some regions are inalienable parts of China since ancient times, but Merkel told us that even in 18th century those regions still did not belong to China.”

Another reasoned that it was the map-makers, not Chancellor Merkel, who messed things up. “Merkel has no special connotation,” they wrote. “At that time German priests [sic] were not allowed to travel in such areas.”

To complicate the matter, at least two different versions of the map have been circulating online. State news wire Xinhua seems to have published an entirely different version of the map, prompting an entirely different set of theories.

Tibetan activist and blogger Tsering Woeser spotted the difference and pointed it out on her Facebook page. To express her dismay at the deception, she used a Chinese idiom that might be translated as “they are so good at perpetrating fraud!” More literally, the phrase means “to steal the beams and pillars and replace them with rotten timber.”

The lesson: Maps mean different things to different people. And history is made of shaky stuff.

http://time.com/46414/angela-merkel-xi-jinping-china-germany-map/

http://w11.zetaboards.com/NDSFP/topic/10183853/
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Spratlys, Scarborough Shoal not in China's ancient maps - Justice Carpio

MANILA, Philippines - China has been using a “historical lie” to insist on its claim over the whole South China Sea, and ancient Chinese maps never claimed the area, including the disputed Spratly Islands and Scarborough Shoal, as Chinese territory, according to a senior Supreme Court justice.

In a recent talk at the De La Salle University, titled “Historical Facts, Historical Lies and Historical Rights in the West Philippine Sea,” Supreme Court Associate Justice J. Antonio Carpio noted China has used its 9-dashed line argument to claim the whole South China Sea as its territory, even though “there is nothing “historical” or “right” about China’s 9-dashed line claim.”

Carpio presented several ancient Chinese maps, some dating as far back as 960 AD, which showed that China’s territory reached only as far south as Hainan island.

“Since the start of the Song Dynasty in 960 AD until the end of the Qing Dynasty in 1912, a period of 952 years or almost a millennium, the southernmost territory of China has always been Hainan Island based on all official and unofficial maps of China,” said Carpio. "Even after the establishment of the Republic of China in 1912, the Chinese government’s constitutions from 1912 to 1946 “consistently declared that the territory of the Republic of China remained the same as the Qing Empire.”

Even in a September 1932 Note Verbale to France, wherein Beijing protested the French occupation of the Paracel Islands, “China has been telling the world that its southernmost border was Hainan Island.”


Not historical facts, but lies

The 9-dashed line claim of China, Carpio emphasized, “is based on not historical facts but on historical lies.”
China had earlier invited various groups to look into historical claims by examining the ancient maps of China made by Chinese, ancient maps made by foreigners, and ancient maps of the Philippines made by Filipinos and westerners.

“All these ancient maps show that since the first Chinese maps appeared, the southernmost territory of China has always been Hainan Island, with its ancient names being Zhuya, then Qiongya and thereafter Qiongzhou,” Carpio explained, “Hainan Island was for centuries a part of Guangdong Province until 1988 when it became a separate province.”

Based on the same ancient maps, he said the Spratly Islands and Scarborough Shoal never appeared in any Chinese dynasty maps. The Spratlys are more than 600 nautical miles from Hainan Island and Scarborough Shoal is 500 nautical miles – “both are at the other end of the South China Sea.”

On the other hand, numerous ancient maps, made by both Westerners and Filipinos form 1636 to 1940, “consistenly show that Scarborough Shoal… has always been part of Philippine territory,’ Carpio said. “Scarborough Shoal has never appeared in a single ancient Chinese map throughout the long history of China.”

China had insisted that Scarborough Shoal is Nanhai Island, where Chinese explorer Guo Shoujing built a celestial observatory in the year 1279, but Carpio described this as a “double lie.” Carpio said in 1982, China itself officially declared that Nanhia Island was in the Paracel Islands – more than 380 nautical miles away from Scarborough Shoal.

Carpio argued it is physically impossible to build an observatory on Scarborough Shoal “when it was just a rock, with no vegetation and did not even have enough space to accommodate an expedition party.”

“It is quite ridiculous to claim that the famous Chinese astronomer-engineer -mathematician would visit and write for posterity about a few barren rocks that barely protruded above water at high tide,” he quipped, adding that there is no historical record of a Chinese expedition to Scarborough Shoal.

“In contrast, the Spaniards and the Americans extensively surveyed Scarborough Shoal during the time they were the colonial powers in the Philippines,” he added. “China has no historical link whatsoever to Scarborough Shoal.”

http://www.interaksyon.com/article/88736/historical-lie--spratlys-scarborough-shoal-not-in-chinas-ancient-maps-justice-carpio
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ANCIENT CHINESE MAP DOESN'T INCLUDE SPRATLY'S AND SCARBOROUGH, AND EVEN IF TRUE IT HAS NO BEARING UNDER INTERNATIONAL LAW

“There is not a single ancient Chinese map, whether made by Chinese or foreigners, showing that the Spratlys and Scarborough Shoal were ever part of Chinese territory. To repeat, in all these ancient Chinese maps, the southernmost Chinese territory has always been Hainan Island,” Carpio said.

No bearing on sea disputes

China has cited its so-called historical rights to uphold its 9-dash line, a demarcation mark it uses to claim virtually the entire South China Sea.

“Even if true,” however, Carpio said these historical rights have no bearing on maritime disputes under the United Nations Convention on the Law of the Sea (UNCLOS).

Full Story http://www.rappler.com/nation/60167-top-philippine-judge-carpio-chinese-maps-china?utm_source=facebook&utm_medium=referral
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A MUST READ ARTICLE ON CHINA'S LIES ABOUT THEIR CLAIM ON THE SPRATLY'S AND SCARBOROUGH

click here http://www.scribd.com/fullscreen/228921680?access_key=key-7fi4KSgJPFuH7BKZobAU&allow_share=true&escape=false&view_mode=scroll

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Get Real

Justice Carpio tears down China’s historical lies

By Solita Collas-Monsod
Philippine Daily Inquirer
12:09 am | Saturday, June 21st, 2014

The country owes Justice Antonio Carpio a debt of gratitude for his recent lecture, titled “Historical Facts, Historical Lies, and Historical Rights in the West Philippine Sea,” in De La Salle University. Its 62 pages (about 40 of which contain maps dating from 1136 AD during the Song Dynasty and through the Yuan, Ming and Qing Dynasties) provide the most lucid and exhaustive exposition of those topics I have come across. Brilliant.

Given its importance to current and future generations of Filipinos—put simply, China’s 9-dash-line claim deprives the Philippines of 80 percent of its exclusive economic zone (EEZ) and 100 percent of its extended continental shelf (ECS) in the West Philippine Sea—I strongly suggest that Education Secretary Armin Luistro and Commission on Higher Education Chair Tati Licuanan make sure it is required reading in all schools. The rest of us, including the Chinese-Filipino community, can access it from the Internet, but it should be published as a monograph. Knowledge is power.

Carpio demolishes, point by painful point, the Chinese government’s assertion that “historical facts” justify its 9-dash-line claims, by citing actual historical facts based on China’s own (a) historical maps, (b) constitutions, and (c) official pronouncements, which are all “glaringly inconsistent” with China’s current position.

Item: Maps. Carpio shows 16 maps drawn by Chinese authorities or individuals, from 1136 to 1933. These maps show that Hainan Island is the southernmost territory of China. He also shows three maps drawn between 1700 and 1833 by foreigners showing the same thing. What does this have to do with us? Simply, “There is not a single ancient Chinese map, whether made by Chinese or foreigners, showing that the Spratlys and Scarborough Shoal were ever part of Chinese territory.”

Carpio also shows 34 maps drawn between 1636 and 1933 by Philippine authorities and foreigners, all showing Scarborough Shoal, named or unnamed (Punto de Mandato, Panacot, Bajo de Masinloc), as part of the Philippines.

Another point on Scarborough: It was used from the 1960s-1980s as an impact range for US and Philippine warplanes (pictures of wreckages of dummy ordnances in the waters). Neither China nor any other country protested these bombing practices, despite worldwide prior notices to mariners, through the International Maritime Organization of the United Nations, for them to keep away from Scarborough Shoal during the practices. If the Philippines can bomb a shoal repeatedly over decades without any protest from neighboring states, it certainly must have sovereignty over such shoal.

Item: Constitutions. Carpio quotes from five constitutions of China since the fall of the Qing Empire in 1912, which reiterates that its territory remained the same as the territory of the Qing Dynasty (which means that Hainan Island is China’s southernmost territory).

Carpio then shows that under international law, the territory of the Republic of China as of the effectivity of these constitutions is limited to the territory of the Qing Dynasty (with Hainan Island as its southernmost territory).

Item: Official pronouncements. As late as 1932, China was telling the world that its southernmost border was Hainan Island (now including the Paracels), and Carpio quotes from a note verbale issued to the French government on Sept. 29, 1932, protesting the French occupation of the Paracels: “These groups lie 145 nautical miles from Hainan Island, and form the southernmost part of Chinese territory.”

If Hainan Island and the Paracels constitute the southernmost part of Chinese territory per the official declaration of the Chinese government in 1932, asks Carpio, how can Scarborough Shoal, which is 380 NM from Paracels and 500 NM from Hainan, be part of Chinese territory?

Yet, that is what China’s 9-dash-line claim asserts. And China’s basis for this is “historical facts and international law,” as stated by its foreign minister. Carpio demonstrated that actual historical facts belie China’s claim.

But even if the historical facts were consistent with China’s 9-dash-line claim, it still would not be enough. Historical facts have no bearing whatsoever under the United Nations Convention on the Law of the Sea (Unclos). In the same way that the 1481 Papal Bull, which divided the undiscovered world between Spain and Portugal, has no legal effect today; and the sea voyages of Chinese Admiral Zheng He from 1405 to 1433 cannot be a basis for China’s claim to the South China Sea, which is where it has its 9-dash line. Furthermore, Zheng He’s voyages did not result in any claims of sovereignty, or colonies or anything. South China Sea was used as trade routes by the Austronesians a thousand years before Zheng He. (Carpio makes an interesting point about Filipino traders in balangay sailing between the Philippines and China 400 years before Zheng He, and Visayan caracoa’s pillaging the Fukien coast of China).

Unfortunately for China, international law is also against its 9-dash-line claim. Under the Unclos, countries have 12 NM of territorial sea, 200 miles of EEZ, and another 150 miles of ECS. Under China’s claim, James Shoal, the southernmost territory is 950 NM from China (within Malaysia’s EEZ). Moreover, it is a fully submerged reef, 22 meters underwater. Ridiculous.

Thank you, Justice Carpio, for showing us that the emperor has no clothes.

A question, though: Where are our historians, political scientists and China watchers, who should have done this research?

Read more: http://opinion.inquirer.net/75794/justice-carpio-tears-down-chinas-historical-lies#ixzz35TUE3wX4
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