Sunday, July 26, 2020

1909 Ottoman maps of Singapore, Borneo provide an Islamic worldview of the South China Sea: Are China's South China Sea claims based on its concept of Tian Xia on a collision course with the Muslim world,and the Malay Muslim concept of Nusantara

by Ganesh Sahathevan



China has justified its claims over all of the South China Sea by reliance on a worldview based on the Chinese concept of Tian Xi(all under heaven/天下). In doing so China has attempted to provide an alternative to international law and norms(see article below) even as it seeks to be part of that international system.

Meanwhile, China has ignored the Malay Muslim worldview, which is illustrated in part by these Ottoman maps(click to enlarge): 


                                                          Singapore and surrounds



                                                            Borneo

The Ottoman maps above are of Singapore and Borneo, and define in green and red the demarcations of the Anglo-Dutch Treaty of 1824.
The maps, which are presented in the original as one, describe in Arabic land masses that encompass the South China Sea.

Written in Arabic they appear to describe Islamic lands under colonial rule. Consequently could it be argued that the Muslim world, in which the Ottomans were at that point the leading "superpower", recognised the Malay Nusantara, including both land and sea, as part of the Muslim world? Could it not then be argued that this worldview challenges the Chinese concept of
Tian Xia(all under heaven/天下), and the Chinese claim to the South China Sea that flows from it?


TO BE READ WITH

Monday, July 13, 2020


Chinese academic publication justifying China's claims over the South China Sea based on notions of Chinese racial superiority : Implications for all of China's other territorial claims

by Ganesh Sahathevan


Map of the South China Sea Islands of China, 1935

This, believe it or not,  is the conclusion to a legal analysis of China's claims over the South China Sea by Chinese legal academic Zheng Zhihua and Wu Jingnan

China has suffered great challenges and humiliation, inflicted by colonial powers since the outbreak of the Opium Wars in the mid-19th century. Since 1864, China has tried to learn and use the concept of Western International Law to defend its territorial integrity. As Joseph Levenson put it:

“The history of modern China is a journey from Tian Xia(all under heaven/天下)to a nation-state.” [45] “Tian Xia is a civilization order concept based on the sharing of Chinese culture and ethical order.” [46]

Under the order of Tian Xia system, countries are not separated by concrete boundaries but united by culture and moral appeal. The Western vocabulary of sovereignty, nation-state and boundary is ill-suited for the traditional Chinese worldview.

The 1935 map (see above) has not only significant value in proving China’s territorial sovereignty of the islands in the South China Sea, but also profound meaning as a facilitator of China’s transition into a modern nation-state, defining its geographical boundaries and safeguarding China’s maritime rights and interests today.


The author assumes that Chinese culture and order is something that non-Chinese would want to be part of.That seems to be the underlying thesis. Clearly, that is not the case, not even among the people of  South East Asia. The notion that all must want to "share" in Chinese culture and ethical order is inherently racist and cannot possibly be the basis of international law and norms.The above provides a basis for rejecting all of China's territorial claims. 

Thursday, July 23, 2020

Concerns over HK as a forum for arbitration, but arbitration lawyers would rather go to Paris, London ,Singapore and avoid Australia: Australian lawyers losing valuable work, but will still not admit that they have a Malaysian type Eusoffe Chin problem

by Ganesh Sahathevan






Japan Times has reported (quoting Bloomberg): 
International companies are increasingly avoiding Hong Kong as a jurisdiction for settling disputes through arbitration, one of the clearest signs yet that China’s tightening grip on the financial hub has eroded trust in its legal system.
Businesses are instead choosing rival hubs like Singapore, Paris and London, according to interviews with arbitration lawyers, a shift that has accelerated since the Chinese government bypassed Hong Kong’s legislature to impose a sweeping national security law.
While it is true that Hong and Singapore have been the preferred forums for arbitration due to proximity to the parties, the fact that parties and arbitration lawyers would prefer far away Paris and London to Australia given the current concerns about Hong Kong raises the question: why are arbitration lawyers and parties avoiding Australia, despite this being a well established, English speaking common law jurisdiction?
The matter of Australian judges ignoring precedent and instead using their courts and public standing to promote personal agendas, no matter how noble, is quite likely a factor


TO BE READ WITH 

Sunday, February 16, 2020


Australia's legal profession faces its Eusoffe Chin moment, but will Australians show the same courage as Malaysians did in seeking judicial reform? For details of the problem in Australia see documents on NSW Dept Of Justice website

by Ganesh Sahathevan




















Judge Gibson described defamation proceedings as a "trial by ambush" that may actually prevent the truth from coming out.

"That's not a system of law that is going to attract admiration and respect from other countries or large companies wanting to do business in Australia."
Judge Gibson is calling on her profession to be more courageous and agitate for legal reform.
"If we don't affect changes, we are going to have a significant loss of faith in the courts as the significant provider of justice, and that is a matter of great concern."



Judge Gibson's warning would not be unfamiliar to lawyers in Malaysia who can recall former Chief Justice Eusoff Chin's gross distortion of Malaysia's defamation laws, which then led to a number of other questionable decisions, and consequently loss of faith in Malaysia's courts. 


The situation in Australia's courts today, especially in the State Of NSW, is as bad if not approaching that of Malaysia under the reign of Eusoffe Chin.An analysis of how bad may be found in an submission by this writer that can be found on the Department Of Justice NSW website at the links below:


Ganesh Sahathevan [PDF, 125kb] · Gary Duffy [PDF, 645kb] · Google [PDF, 142kb] · John O'Shannassy [PDF 30kb] · Law Council of Australia ...



The Australian Bar and the Law Society Australia have been frequent and forceful critics of judicial corruption in Malaysia'. It is left to be seen whether they are going to be as forceful as courageous as their Malaysian counterparts in removing their Eusoffe Chins.

END












Posted by at 4:48 PM 

College Of Law vs College Of Law for a share of Singapore''s legal training market- Singapore Law Society's joint offering with Australia's College of Law gets ever more curious, but silence prevails

by Ganesh Sahathevan


                                 College Of Law CEO Neville Carter & SLS President Gregory
                                                  Vijayndran SC . 



The Singapore Law Society entered into an agreement with the College Of Law to offer legal training to lawyers in Singapore in 2018. So, it came as a bit of a surprise to this writer when he discovered an article from 2012 headlined:

Upon closer inspection it was discovered that the Singapore Law Society's agreement was with the College Of Law Ltd of Sydney, Australia; while the 2012 article referred to an agreement entered into between the  College of Law of the UK,  and the  Singapore Institute of Legal Education (SILE).

However, just as the mystery appeared to have been solved, it was discovered that a leading light of the UK legal education market, Professor Nigel Savage, represented the  College of Law UK in the SILE  deal.



Neither the SLS nor the SILE will say if they are in competition and why they might want to be in competition., or if they are competing against one another  with products from the same provider. 




TO BE READ WITH 

Thursday, June 11, 2020


Let it not be said that the Singapore Law Society does not have a sense of humour: On the SLS' legal training MOU with Australia's College Of Law

by Ganesh Sahathevan




                                 College Of Law CEO Neville Carter & SLS President Gregory
                                                  Vijayndran SC   


In 2018 Gregory Vijandran SC ,speaking as President of the Singapore Law Society had this to say of of the  College Of  Law Australia


“The Law Society could not have asked for a better partner to build expertise among Singaporean lawyers, given the College’s track record, pedigree and brand."
In 2014 the Australian legal industry newsletter Justinian reported: 

Slicing-up the pie for the post-admission legal education market ... Lots of loot at stake as College of Law tries to push the NSW Law Society off a cliff ... Constitutional amendment ... Getting out from under the skirts 
IT'S dreadful to have to report an unhappy stand-off between the Law Society of NSW and its love child the College of Law. 

The COL wants to break its ties with the society and has pressed for a change to its constitution so as to remove the Law Soc's power of veto over major decisions.

Last month Joe Catanzariti, the chairman of the College of Law, wrote to the Law Society asking that the relationship between the two bodies be terminated. The COL claims that the Law Society's role on its board of governors is conflicted because it also engages in continuing legal education, one of the COL's core businesses. 


Quoting the then CEO of the NSW Law Society Michael Tidball , Justinian reported:

"It is understood that the College of Law is currently losing market share in the PLT market, and it may well be that there are potential commercial openings for the law Society of NSW in pursuing the growth of new streams of business activity. Done in a strategic way, this development could strengthen our membership retention in the years ahead." 


Meanwhile the SLS has refused to answer queries about its MOU with the College Of Law. The College has previously said that it was expending into Asia via its College Of Law Asia (also referred to as the College Of Law Asai Pacific. The latter two entities were said by the College to be headquartered in Kuala Lumpur, and led by a director, one Peter Tritt. SLS has refused to say which entity it had signed the MOU with.
The question is not academic, a trick question on an a company law or contract exam; as reported last year in the investigative news site New Malaysia Times, Tritt has left Kuala Lumpur ,without a replacement, leaving very many questions about the College's MOU with the Malaysian Bar Council:


TO BE READ WITH






Bar Council education ‘JV’ must be clarified

By  , in Scandal on July 19, 2019 . Tagged width:  ,  , 

KUALA LUMPUR, July 19 – The Malaysian Bar Council launched its first education venture, a LLM in Malaysian Legal Practise (LLM), last year in collaboration with the College Of Law Australia.
The LLM does not seem to have the approval of Malaysia’s Legal Professional Qualifying Board (LPQB) but the website for the course, which is hosted in Australia, prominently displays the Bar Council crest.
bar council
The crest has not been used before to promote a course of study, and queries put to Bar Council President Fareed Gafoor about the use of the crest have been acknowledged but remain unanswered.
NMT has however sighted an email from Fareed dated Friday, May 24, 2019 with regards the LLM and the use of the crest where he states:
Dear Rajen,
We can’t remain silent on this.
Abdul Fareed Bin Abdul Gafoor
Sent from my iPad
It is understood that “Rajen” refers to  Rajen Devaraj, Chief Executive Officer of the Bar Council Secretariat in Kuala Lumpur.
The Bar has remained silent for nearly 2 months since.
Key person suddenly retired during extensive query
The College of Law used to be represented in Malaysia by its Director, Peter Tritt. Tritt have been queried extensively about the LLM and about the College’s business in Malaysia but has refused to provide answers. Tritt has been based in Kuala Lumpur since 2017 but announced on Friday that he had “retired” from the College on 30 June 2019.
It is understood that Tritt has forwarded queries sent him to his head office in Sydney and hence it appears that Tritt is under orders from his Chief Executive, Neville Carter, to remain silent.
Questionable advertising claims?
In advertising on the College’s website Carter has claimed that he had established a Professional Legal Training course for Malaysian Law students seeking admission to practise in Malaysia. There seems to be no evidence of such a course, or of any national level training course for the existing Certificate of Legal Practise.
Carter has also claimed to have produced the “inaugural” Handbook in Legal Practise for Malaysia, in the late 80s. A search of the main law libraries in Malaysia directed by the Chief Registrar, Federal Court Malaysia, has not found any such handbook.
He has also claimed to have, during that time to have identified and addressed “gaps” in Malaysian legal practise, but not even those in practice during that period and since have ever heard of him. Nor are senior practitioners aware of  “gaps” that needed that to be addressed by external consultants.
As CEO of the College Carter  has ultimate responsibility for the College’s Malaysian operation headed by Tritt and variously named the “College Of Law Asia Pacific” and the “College Of Law Asia”. A search by NMT has not revealed any entities registered under those names in Malaysia or in Australia, not even a foreign entities registered to conduct business in Malaysia.
Meanwhile the College, in collaboration with the Bar Council continues to sell its LLM and other courses in Malaysia, deriving a fee income from Malaysian courses.
-NMT
SEE ALSO
MOU between Law Society and College of Law (Australia)Law Society and the College of Law
(Australia) (“COL”) signed a Memorandum of Understanding (“MOU”) on 19 March 2018 for an initial period of 5 years to jointly develop legal education and training programmes for the legal profession in Singapore. COL is the largest provider of practice-focused legal education in Australia and New Zealand, and this is very much aligned to our approach towards CPD activities. This collaboration will allow our members to be prepared for a future where lawyers will need deep expertise not just in their practice areas, but in business and marketing as well. Besides developing joint training programmes, there will also be many opportunities for both organisations to work together on thought leadership initiatives in practice management, lawyers’ well-being/self-care, crossborder legal practice. This exciting collaboration with an institute of higher learning is a first for the Law Society, as we seek to strengthen our training capabilities to cater to the different learning needs of our members. For a start, a series of e-learning programmes from COL will be added to Law Society’s existing e-learning programmes. Members can look forward to an expanded list of e-learning programmes to assist them in fulfilling their CPD requirements for 2018. Do keep a lookout for our e-mailer or visit our CPD portal for more information: http://www.lawsoc.org.sg/en-gb/elearning.aspx






Tuesday, July 21, 2020

Stan Grant Has Missed Everything From From Suzhou-Temasek to CCCC-1MDB: Perhaps An ASPI Strategic Vision 2020 Special On How Professor Grant Missed Some Of China 's Biggest Financial Scandals In South East Asia & Their Consequences For Australia?

by Ganesh Sahathevan






The Australian Strategic Policy Institute (ASPI)  is presenting a series of "in depth discussions" hosted by the newly minted Australian "global affairs" specialist , Professor Stan Grant. 

Professor Grant has in the past  found work with CNN in Hong Kong, Beijing, and Abu Dhabi as a senior international correspondent. He is considered an expert on the rise of China.

He has had much to say about China , mostly about how wrong the rest of us have been about China's inevitable rise) . Despite all that Professor Grant has had nothing to say about the very many financial scandals that have plagued China and businessmen who have attempted to do business in China.
These are not trivial matters. From the Suzhou-Temasek scandal of the 90s to the Belt&Road-CCCC--1MDB theft and cover-up of 2010s and much in between, billions have been lost, and with consequences for the governments of South East Asia.The economic and political consequences for China and South East Asia are immense.

An ASPI  Strategic Vision 2020 special  about how, and possibly why Professor Grant missed all that has the potential to reveal much about China, its methods, and its prospects.

END


If the NSW LPAB can accept law degrees from Zhu Minshen's HK listed Top Education Institute, it can also accept law degrees from Asia's best Common Law schools

by Ganesh Sahathevan
7-1
Zhu Misnhen, second from right, welcoming the Chinese Consul 
and others to his Top Group Law School Moot Court 


The NSW LPAB's decision to grant Zhu Misnhen his "very unique" and "one and only" license to issue law degrees that qualify holders for admission to practise law in NSW and in Australia raises the question: why not then degrees from the top law schools in this region, which are  in common law jurisdictions?

The list would include the law faculties at the National University Of Singapore, University Of Malaya, University Of Hong Kong and India's National Law University.


These are all common law jurisdictions in which English is the first if not second language, and where the legal systems were established by the British more than a century ago, with the assistance of lawyers and judges from the United Kingdom.

While the common law has of course developed differently in each jurisdiction the methods of legal research and scholarship are essentially the same, as would most if not all  the primary English cases on  which their precedents are based.

Given advances in technology a good grounding in online legal research methods is all that a lawyer trained in a common law jurisdiction requires  to practise law in any other  common law jurisdiction.
It is a fact that legal research and drafting from even the US is being outsourced to Indian companies the specialise in legal work.

Australia and especially the NSW LPAB, and the Law Council Australia have decided that even an unknown private company may join the ranks of its best law schools. There is no reason then why lawyers from the best universities in this region should not be admitted to practise here.

TO BE READ WITH
by Ganesh Sahathevan

The  English translated version of Top Education's new Chinese website refers specifically to approval from the Law Council Of Australia:

2015 is of great significance to our school. The Legal Profession Admission Board (LPAB) and the Law Council of Australia of the Australian Government ’s Department of Justice have officially approved the provision of legal education in this school. This school is the first private higher education institution in Australia to obtain certification in teaching law. Having formal legal education means that students can apply to become a professional lawyer after graduation.


This is in variance with the NSW LPAB's version of events; the NSW  LPAB refers only to consultation with the Law Council Of Australia and other state LPABs, in the process of granting Zhu and Top's application.
The reference to the  "Australian Government ’s Department of Justice may be reference to the Commonwealth Attorney General's Chambers, or the NSW Department Of Justice.

From the new TOPEEDUCHINA.COM website:

8bb0d27e0fb0fc41841e4dfc2450c5c8.png
Since its establishment in 2001, the University has been committed to providing high-quality higher education, especially undergraduate and master's degrees in accounting, finance, and international business. It has gradually become a leader in private institutions of higher education in Australia. In 2010, the school established the Sydney City School of Law (SCSL), and in 2013, it was formally accredited by the Australian Higher Education Quality and Standards Authority (TEQSA).
2015 is of great significance to our school. The Legal Profession Admission Board (LPAB) and the Law Council of Australia of the Australian Government ’s Department of Justice have officially approved the provision of legal education in this school. This school is the first private higher education institution in Australia to obtain certification in teaching law. Having formal legal education means that students can apply to become a professional lawyer after graduation.
Why choose our school of law?
• Australian Government Department of Justice Legal Professionals Accreditation Board (LPAB) accredited educational institution
• Focus on practical ability training, make graduates become strong competitors in line with the market
• Small classes, focusing on students' individual differences, classroom participation and interaction
• Strong teachers, rich domestic and foreign experience, and good at using innovative and friendly teaching methods
• New Moot Court, best-in-class teaching aids and technology
• 12,000 legal e-books for students to read anytime, anywhere
• First-rate student services

自2001年成立以来,本校一直致力于提供高品质的高等教育,尤其是会计、金融、国际商务领域的本科和硕士教育成绩卓著,本校因此逐渐成为澳洲高等教育私立机构的领先者。2010年,本校成立了法学院(Sydney City School of Law,简称SCSL),并在2013年,得到了澳大利亚高等教育质量与标准管理署(TEQSA)的正式认证。
2015年对于本校来说意义重大,澳大利亚政府司法部法律专业资格准入委员会(Legal Profession Admission Board,以下简称LPAB)以及澳大利亚法律委员会(Law Council of Australia),正式批准本校提供法律课程教育,这意味着本校是澳大利亚第一个获得提供法律教学认证的私立高等教育机构。接受正规的法律课程教育,意味着学生毕业后就可以申请成为专业律师。
为什么选择本校法学院?
• 澳大利亚政府司法部法律专业资格准入委员会(LPAB)认证教育机构
• 注重实践能力培养,让毕业生成为与市场接轨的有力竞争者
• 小班授课,注重学生的个性差异、课堂参与和互动
• 师资力量强大,拥有丰富的国内外经验,并善于运用创新、友好的教学方式
• 全新的模拟法庭、一流的辅助教学设备和技术
• 12,000册法律电子书籍,可供学生随时随地阅览
• 一流的学生服务项目

END 

Monday, July 20, 2020

China's South China Sea challenge to Malaysia published in The Star leaves the Malaysian Government with no choice but to pursue its own claims against China before the Permanent Court Of Arbitration, or the ICJ

by Ganesh Sahathevan



Chinese academic publication justifying China's claims over the South China Sea based on notions of Chinese racial superiority : Implications for all of China's other territorial claims
Map of the South China Sea Islands of China, 1935


The Chinese Embassy in Malaysia has issued a statement which clearly challenges Malaysia to assert its rights over the South China Sea. In its statement, which has been published as a letter in The Star, states: 

China confines its oil and gas development and fishing activities in the South China Sea strictly within waters under China’s jurisdiction, which is in accordance with relevant international laws including United Nations Convention on the Law of the Sea and China’s domestic legislations. China has exercised great restraint over oil and gas development in the disputed waters in the South China Sea. None of the working drilling oil rigs among the thousands of rigs in the disputed waters in the South China Sea is China’s. 



With regard to the South China Sea arbitration and the so-called Award, China has made clear its position on many occasions. No matter how the relevant disputes are deliberately packaged as mere issues concerning the interpretation and application of the Convention, the essence of the subject-matter of the arbitration is the territorial sovereignty and maritime delimitation. Territorial issues are not subject to the Convention and the maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China’s 2006 Declaration. It is apparent that the Tribunal has no jurisdiction over the case and acted ultra vires.

"Strictly within waters under China’s jurisdiction" means anything within the Nine Dash Line, which is essentially all of the South China Sea.



"The so-called Award"  is better known as the South China Sea Arbitration The Republic of the Philippines v. The People's Republic of China  heard before the Permanent Court Of Arbitration. Malaysia is a contracting party of the PCA and its maritime boundaries in the South China Sea have been disputed by China.

China's statement issued publicly in Malaysia and in particular the parts above in bold appear to have been designed to  force  Malaysia to challenge China's claims publicly, and not via the usual diplomatic channels. If the Malaysian Government does not respond publicly the perception, particularly among its citizens of Chinese origin, is likely to be that Malaysia has acquiesced to China's claims.  

So as to avoid doubt, Malaysia's only real option is to take China before the Permanent Court Of Arbitration and seek an Award, as did the Philippines.  If China then refuses to abide by the decision it would prove yet again that China is unwilling to abide by international law and norms. 


TO BE READ WITH



The Star
Monday, 20 Jul 2020





On July 13, the United States Secretary of State Mike Pompeo issued a statement on the South China Sea issue. The statement deliberately distorted facts about the South China Sea and international laws including the United Nations Convention on the Law of the Sea, claiming that “Beijing’s claims to offshore resources across the most of the South China Sea are completely unlawful, ...Beijing uses intimidation to undermine the sovereign rights of Southeast Asian coastal states in the South China Sea, bully them out of offshore resources, assert unilateral dominion, and replace international law with might makes right.” The US side also demands the Chinese side accepts and recognises the Award of the Arbitral Tribunal in 2016 and instigated the regional countries to oppose the maritime claims from China. In this context, I would like to expound on China’s position and emphasize the following points:

Firstly, China always addresses the South China Sea issue by a dual-track approach and upholds the principle that all countries are equal, no matter big or small.

It is a traditional ethic in China that “the strong should not oppress the weak and the rich should not bully the poor”, and China has always pursued a good-neighbourly foreign policy and insists that all countries, big or small, rich or poor, strong or weak, should be all equal. By sticking to the principle of mutual respect and equality, China has solved border issues through negotiations with her 12 land neighbours.

China is always committed to the dual-track approach to the South China Sea issue, according to which specific disputes are to be peacefully resolved through negotiation and consultation by countries directly concerned on the basis of respecting historical facts and international law, and peace and stability in the South China Sea be jointly upheld by China and Asean countries. With the joint efforts of China and Asean countries, the situation in the South China Sea has been improving overall.

China confines its oil and gas development and fishing activities in the South China Sea strictly within waters under China’s jurisdiction, which is in accordance with relevant international laws including United Nations Convention on the Law of the Sea and China’s domestic legislations. China has exercised great restraint over oil and gas development in the disputed waters in the South China Sea. None of the working drilling oil rigs among the thousands of rigs in the disputed waters in the South China Sea is China’s. China never stirs up trouble, but when our maritime rights are infringed, we have to make necessary reactions, even so the reactions are all moderate. We never seek to build a “maritime empire” in the South China Sea.

On the contrary, certain major power outside the region has been constantly flexing its muscles in the South China Sea by sending advanced warships and fighter planes to the region and conducted excessive military drills with its aircraft carrier battle groups. In the guise of “freedom of navigation”, this country has frequently approached and illegally entered waters and airspace of China near the relevant reefs in South China Sea, threatening the sovereignty and security of China. It is quite clear who is seeking to build a “maritime empire” and playing power politics in the South China Sea.

Secondly, the arbitral tribunal itself was established on an unlawful basis. It willfully expanded its power to exercise jurisdiction and make an award, which is null and void. China does not accept or recognise that.

China is a staunch supporter of the international law. As a state party of the Convention, China values the rules and regulations set by the Convention, upholds the Convention in a careful and responsible manner, but we do not accept the act of exaggerating the role of the Convention and abusing the international maritime law by some parties.

With regard to the South China Sea arbitration and the so-called Award, China has made clear its position on many occasions. No matter how the relevant disputes are deliberately packaged as mere issues concerning the interpretation and application of the Convention, the essence of the subject-matter of the arbitration is the territorial sovereignty and maritime delimitation. Territorial issues are not subject to the Convention and the maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China’s 2006 Declaration. It is apparent that the Tribunal has no jurisdiction over the case and acted ultra vires.

Certain country declines to join the Convention and eludes the responsibilities set forth in the Convention, yet somehow it quotes the Convention all the time, urging the Chinese side to accept and recognise the Arbitration in 2016. The legal norms are only part of the tools used by this country, out of its self-interest, rather than a desire to uphold the Convention and international justice. It outright breaks its promise that it takes no stand on sovereignty disputes in the South China Sea and goes back on its words. It looks like that this country is taking Asean countries’ side, yet in fact it is provoking confrontation and undermining the relationship between Asean countries and China. In absolute disregard of the considerations and the interests of Asean countries, this country tries its very best to seek its selfish geopolitical gains and to constrain China. We should be clear that it is not to the common interests of China and Asean countries if the South China Sea falls to confrontation because of this political scheme. China and Asean are neighbours that will always live with each other. We should unite and cooperate, taking the matter into our own hands and together settle it properly, leaving no chance of meddling and intervention from powers outside the region.

Third, there do exist some disputes over territorial sovereignty and maritime rights in the South China Sea, nevertheless China has been committed to addressing the differences through friendly negotiations and consultations with related parties including Malaysia, so as to maintain the peace and stability in the South China Sea.

All the geographical features such as islands, reefs, shoals and their waters in the South China Sea are natural components of the archipelago. The status of the component features of Nansha Qundao cannot be addressed separately. China always treat Nansha Qundao as a whole unit, claims territorial sovereignty and enjoys maritime entitlements. This is totally consistent with the international law and practices of other countries.

Due to historical reasons, there exist some disputes over territorial sovereignty and maritime rights in the South China Sea. Although China and Malaysia hold different positions and have overlapping claims in relevant waters, thankfully the governments of both sides have handled the disputes and managed the differences properly through dialogues and consultations, with goodwill and sincerity. The peace and stability over the South China Sea are of common interests of China and Malaysia. China is always ready to cooperate with Malaysia, to deepen our mutual trust, and to continue to properly settle the relevant issues through bilateral friendly consultations. It is our expectation that both sides can work together to fully implement DOC and push forward the consultation on COC, so as to safeguard the peace and stability over the South China Sea. Before the disputes are settled, China will continue to work with relevant parties including Malaysia to put aside differences, promote common development on oil and gas resources and advance the cooperation on maritime environment protection and fishing resources preservation, in order to build the South China Sea into a sea of peace, friendship and cooperation.

Spokesperson of the Chinese Embassy to Malaysia