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09.04.2019 09:42
In fact, however, no rights could come Antworten

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Looking into the Philippines' submission at the Arbitral Tribunal on the South China Sea, many confusing concepts aimed at denying China's historical rights have been found. But they only serve to expose the Philippines' ignorance and prejudice.


In its arbitration statement, the Philippines claimed that the United Nations Convention on the Law of the Sea (UNCLOS) has never mentioned historical rights.

The Philippines undoubtedly misinterpreted the content of the convention. In fact, many articles of the UNCLOS recognize the concepts of ""historic bays"" and ""historic waters.""

For example Esa Lindell Jersey , Article 15 of the convention states: ""The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.""

Some scholars believe that China's historical rights can be established from ""historic bays"" and ""historic waters"" in relevant articles of the UNCLOS.

Therefore, the UNCLOS offers strong support for China's stance Tyler Pitlick Jersey , but not on the contrary.


The Philippines claimed that the historical rights mentioned by China had been clearly denied and abolished by the UNCLOS makers, attempting to imply that none of historical rights should be included in the international law.

In fact, however, no rights could come into being instantly and those rights established in history undoubtedly should be respected by the international law.

Several precedents in judicial practices also reinforced the claim for historical rights. The most typical one was the fishery case between Britain and Norway in 1949 Devin Shore Jersey , which was related to historical rights.

The Norwegian royal family issued a decree in 1935, delimiting Norway's exclusive fishery area in accordance with Norwegian historical tradition, while Britain believed Norway's delimitation violated the international law and filed a law suit with an international court in 1949.

The court accepted the case as both Britain and Norway had agreed to accept the count's jurisdiction. In 1951, the court dismissed Britain's appeal and ruled that the Norwegian royal family's decree remained effective due to historical rights.

In addition Mattias Janmark Jersey , the continental shelf case between Tunisia and Libya, and the Gulf of Fonseca case between Salvador and Honduras, among others, dealt with historical rights.

Abundant judicial precedents have proven that ""historical rights"" have been a big factor in international judicial practices.


In its submission Radek Faksa Jersey , the Philippines said that China's Nine-Dash line in the South China Sea lacks a link to the history, claiming that China's historical rights were a new proposal it put forward in 2009.

In fact, China was the first country to discover, denominate John Klingberg Jersey , develop and control the South China Sea islands. The Chinese people's navigation and trade on the South China Sea and jurisdiction over the area has a history of more than 2,000 years, which provides firm evidence for China's hi. Cheap Jerseys Cheap Jerseys China Cheap Jerseys Cheap Jerseys Wholesale Cheap NBA Jerseys Cheap Air Vapormax Grey Cheap Nike Vapormax Mens Cheap Nike Air Max 90 Mens Cheap Nike Air Max 90 Leather Cheap Nike Air Max 90 Premium

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