abusing history_ _ the diplomat
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7/31/2019 Abusing History_ _ the Diplomat
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1. The sover eignty of the territories conc erned belongs to China.
2. When conditions are not ripe to bring about a thorough solution to t erritorial dispute, discussion on theissue of sov ereignty may be postponed so that the dispute is set aside. To set aside dispute does not meangiving up sover eignty . It is just to leave the dispute aside for the time being.
3. The territories under dispute may b e developed in a joint way .
4. The purpose of joint development is to enhance mutual understanding through cooperation and c reate
conditions for the ev entual resolution of territorial ownership.
These four points make it clear that instead of shelving the territorial disputes, the idea of jointdevelo pment is Chinas way of imposing its claims of sovereignty ov er the other party . Chinese sover eignty is the stated desired outcome o f any joint development. No wonder that no c ountry has taken China up onits proposal.
Perhaps because of the conflict between historical claims and the UNCLOS, other Chinese scholars are now calling for a rev iew of the Law of the Sea.
Li Jinming, a professor at the Center for Southeast Asia Studies at Xiamen University , say s that ther e areshortc omings in UNCLOS and, as a result, China should c onsider its own situation before enforc ingUNCLOS. That is to say , ev en though China has ratified the treaty , which has been in effect for 1 7 y ears,Beijing shouldnt abide by its prov isions unless the convention is somehow rev ised to support Chinasterritorial claims.
Beijing, it appears, wants to be made an exc eption in international law. It wants to have its cake and eat it.But law is law. What is the po int of having international law when it is no longer internat ional, and when it isno longer law?
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