China’s despotic incursions in other country’s territory

Not being done yet bullying the Philippines and other sovereign countries in the region over territorial dispute in the South China Seas, China has shifted its sights and now is causing an uproar in Japan by telling its government to respect Beijing’s “indisputable sovereignty” over islands claimed by both countries in the East China Sea.

The islands referred to here are islands known as Senkaku in Japanese and Diaoyu in Chinese.

Like the contested Spratly Islands and Scarborough Shoal in the South China Seas, the Senkaku or Diaoyu also lies in rich fishing grounds and are thought to contain valuable mineral reserves.

Tokyo recognizes a private Japanese family as owner of the Senkaku Islands in Okinawa Prefecture, which the government intended to purchase, but claimed otherwise by China, thus, the intrusion into Japanese territorial waters by Chinese patrol vessels.

It has been reported that the owner of the islands is demanding that either the Japanese government or the Tokyo government, which is also vying to buy the islets, construct a naval base to secure Japan's sovereignty over them.

It will be remembered that the Senkakus were controlled by the US after World War II, but were returned to Japan together with Okinawa. Chinese claims over the islands emerged in the late 1960s, about the time that a UN survey revealed the existence of a big hydrocarbon deposit beneath them.

Again, as in the Spratly and Scarborough dispute, the Chinese government issued a statement, saying, that “the Diaoyu Islands and their affiliated islets have always been China’s territory since ancient times.”

Unlike the small and poor nation claimants in the South China Seas that is being bullied with impunity by China, the latter has to think twice its actions towards Japan since it has been confirmed by the State Department that the Senkakus, which lies between Okinawa and Taiwan, "fall within the scope of Article 5 of the 1960 US-Japan Treaty of Mutual Co-operation and Security".

But, the most important question now is: What can you do to a UN member who refuses to recognize international agreements such as the International Tribunal on the Law of the Sea and the United Nations Convention on the Law of the Sea, which were crafted to settle disputes?

It is even useless to bring the issue to the International Court of Justice (ICJ), which normally could settle questions of boundaries and questions of sovereignty, because China has said, time and again, that it would not agree to the jurisdiction of ICJ.

If China, in this regard, is dishonoring the UN charter and its preamble, how could an organization of lesser eminence, the 10 members of Southeast Asian regional body ASEAN, be able to stop China from making despotic incursions on other country’s territory?

It is for a reason, therefore, that Philippine Foreign Secretary Albert del Rosario sounded desperate when he denounced Chinese “duplicity” and “intimidation” in the West Philippine Sea (South China Sea).

“If Philippine sovereignty and jurisdiction can be denigrated by a powerful country through pressure, duplicity, intimidation and the threat of the use of force, the international community should be concerned about the behavior,” Del Rosario said in the recently concluded annual ministerial meeting of the Association of Southeast Asian Nations in the Cambodian capital of Phnom Penh.