International Law in News

Vietnam took its dispute with China to the legal venue when HaQRL ¿OHG D IRUPDO VXEPLVVLRQ ZLWK the arbitration tribunal challenging a position paper that Beijing submitted on December 7th. In its paper, Vietnam’s foreign ministry rejected China’s legal objections WR DQ DUELWUDWLRQ FDVH ¿OHG E\ WKH Philippines, accusing the country of exploiting Philippine-owned waters and thus undermining the United Nations Convention on the Law of the Sea.

Vietnam and the Philippines expressed support for each other this week against claims made by China in the hotly disputed South China Sea area. The battle over a cluster of resource-rich islands and strategic maritime territories in Southeast Asia is now being fought before an arbitration tribunal in The Hague, Netherlands.
Vietnam took its dispute with China to the legal venue when Ha-QRL ¿OHG D IRUPDO VXEPLVVLRQ ZLWK the arbitration tribunal challenging a position paper that Beijing submitted on December 7th. In its paper, Vietnam's foreign ministry rejected China's legal objections WR DQ DUELWUDWLRQ FDVH ¿OHG E\ WKH Philippines, accusing the country of exploiting Philippine-owned waters and thus undermining the United Nations Convention on the Law of the Sea.
0DQLOD ¶V ¿UVW DUELWUDWLRQ FODLP against Beijing has now opened the door for other countries, such as Vietnam, to challenge China.
The messy back-and-forth among the three nations has grown more complicated as the Philippines and Vietnam pile on criticism of China.
The Vietnamese Foreign Ministry representative, Le Hai Binh, said that it is Vietnam's consistent position to fully reject China's claim over the Hoang Sa and Truong Sa archipelagos and adjacent waters as well as China's claiming of 'historic rights' to the waters, sea-bed, and subsoil within the dotted-line that unilaterally stated by China. And for that Vietnam's position, the Philippines Department of Foreign Affairs said that it is helpful in terms of promot-LQJ WKH UXOH RI ODZ DQG LQ ¿QGLQJ peaceful and nonviolent solutions to the South China Sea claims. An US State Department Report examined the historic, geographic, and legal basis for China's vast claims in the strategic region, concluding that they do not accord with the international law of the sea, based on UN treaty that China has signed. Then report then drew a sharp response from China's foreign ministry.
Spokesperson Hong Lei said that China's rights and claims in the sea are formed by history and upheld by Chinese governments so the report has violated US commitment of taking no sides in the South China issue. China's territorial claims in the South China Sea are outlined in maps containing the nine-dash line, a boundary that encloses water, islands, and other features of the resource-rich sea. This includes territory that has been claimed by other nations, including Vietnam and the Philippines, for a long time.
Philippines has appealed for international arbitration in the dispute under UNCLOS and China, XQWLO 'HFHPEHU KDV GHIHQG its position even though Beijing has already signaled that it will not participate in the process. In a government report, Beijing made the case that the territorial GLVSXWHV PXVW ¿UVW EH ZRUNHG RXW between the nations before any international arbitration can move forward. China has long rejected having the United Nations or other international body to help adjudicate the dispute, preferring to deal with the disagreements with other nations.
The study by the US State Department's Bureau of Oceans and ,QWHUQDWLRQDO DQG 6FLHQWL¿F $Ifairs, said that China, in backing its claim, is using maps that date back to 1947, but the maps 'lack precision' and are too inconsistent to form as the basis for its historical claim to the waterway. The study also said that there is no 'Chinese law, declaration, procla-PDWLRQ RU RWKHU RI¿FLDO VWDWHPHQW describing and putting the international community on notice of a historical claim to the waters within the dashed line'. It said that China's historical claim fails to meet the legal tests used in international law for addressing these kinds of disputes.
Carl Thayer, a professor at the Australian Defense Force Academy, said while the Chinese pa-SHU VHHNV WR LQÀXHQFH MXGJHV LQ the arbitration case without direct engagement, the US study presses &KLQD IRUFHIXOO\ IRU FODUL¿FDWLRQ on its territorial claims.
The US study also said that China's claims are contrary to the provisions on maritime zones of UNCLOS, which were accepted by China as a signatory to the convention. Those provisions favor sovereign rights of a coastal state over historical claims. It concluded that China cannot use the ninedash line to unilaterally establish maritime boundaries with other countries and that China needs to 'clarify' its claim. (AFY)

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European Union has stated the importance of international community to work together towards the sustainable use of oceans, to promote sustainable development, and to face up to the major threats confronting our marine environment. This message was delivered in UN General Assembly during a debate on two resolutions relating to the Law of the Sea and Sustain-

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The EU and its member states continue to believe that the UN-CLOS represents the consitution of the oceans and establishes the overarching legal framework within which all activites in oceans and seas must be carried out. The EU also strongly supports the UN Fish Stock Agreement. This shows that EU has a strong commitment towards UN as responsible maritime power. (BAI)

Jakarta to Build Sea wall to Combat Floods
http://www.thenational.ae/world/southeast-asia/jakarta-to-build-sea-wall-to-combat-ÀRRGV Jakarta has launched a multibillion-dollar scheme to build a KXJH VHD ZDOO WR FRPEDW ÀRRGLQJ as the Indonesian capital sinks.

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NLORPHWUH ZDOO DFURVV WKH Bay of Jakarta off the city's northern coast, is the centrepiece of a project.
The aim of the sea wall is to SUHYHQW ÀRRGV LW LV KRSHG XS WR one million people will live and work on the islands, and help take pressure off a crowded city notorious as one of the world's most uninviting urban sprawls. Jakarta has long been hit by ÀRRGV GXULQJ WKH UDLQ\ VHDVRQ when tropical downpours cause rivers to burst their banks and deluge inadequate drainage systems, forcing tens of thousands out of their homes.
As Jakarta has rapidly grown to a population of about 10 million, increased water extraction for drinking has caused the ground to compact and parts of the city to sink.
Parts of coastal north of Jakarta, which is built on soft clay, are sinking as fast as 14 centimetres a year, which means they could be metres below sea level in a few decades, according to those behind the sea wall project.

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ÀRRGV ZKLFK forced hundreds of thousands out RI WKHLU KRPHV RI¿FLDOV VFUDPEOHG to come up with a plan.
Work will then begin on the main wall, which will sit 6 to 8km from the coast and be 7km above sea level. The construction of the ZDOO ZLOO EH ¿QLVKHG E\ A huge reservoir will be created between the islands and sea wall, where water from downpours can be stored so it does not ÀRRG WKH FLW\ DQG LQWR ZKLFK ULY-HUV ZLOO EH DEOH WR ÀRZ IUHHO\ Plans are also in progress to slow the land subsidence by providing piped water to Jakarta from other areas and stop extraction of ground water. (MRA)

New Species of Deep-Sea Coral Discovered Off California
http://www.nbcnews.com/news/us-news/new-species-deep-sea-coral-discovered-FDOLIRUQLD Q The scientists have discovered a new species of deep-sea coral in underwater canyons off the Northern California coast, the National Oceanic and Atmospheric Administration (NOAA) in San Fransisco. A NOAA research team were using small submersibles found the coral in September near national marine sanctuaries off the coast of Sonoma County to found the species.
The coral found were from the genus Leptogorgia and discovered DERXW IHHW GHHS LQ WKH ¿UVW LQtensive exploration of underwater canyons near the Gulf of Farallones and Cordell Bank national marine sanctuaries.
The scientists were collect data on the 4-inch-long white and red coral will help scientists determine the ecological importance of deep sea communities in the area and the threats they face.
In the two months before the research expedition, the scientists knew little about the marine life in the area. After multiple dives in the area, researchers also found a «highly unusual» nursery area for catsharks.(MRA)

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A squadron of Russian warships has passed through the English Channel in what the Royal Navy described as a «routine» movement. The Russian warships was conduct military exercises.
The Ministry of Defence (MoD) said that the ships had been escorted out of UK waters by Royal Navy warship HMS Tyne. NATO reported increased incursions by Russian military vehicles following months of tension over Ukraine.
The UK Royal Navy and the )UHQFK 1DY\ VDLG WKDW LW¾V QRW XQusual to have Russian warships transiting through the Channel.
In a statement released to the Russian news agency RIA Novosti, the Russian Northern Fleet said that its vessels were led by the Severomorsk destroyer and were anchored in French waters wait-LQJ IRU D VWRUP WR SDVV 7KH ÀHHW LV now north of the Normandy coast.
NATO spokesman said the ships are not exercising in the Channel. NATO indicates that the ships are transiting and have been delayed by weather conditions, An MoD said that they are aware about four Russian naval ships have passed through the Dover Strait from the North Sea into the English Channel, which all ships have the right to do under international law. (MRA)