Comments by "Yerris" (@yerri5567) on "Philippines removes Chinese ‘floating barrier’ in South China Sea" video.
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@jakerio8 "Actually much of the entire SCS. On what internationally compatible legal basis?"
Just because one supports the US, does not mean they support and agree with 100% of all US actions. Likewise, just because one supports China, it also does not mean they support and agree with 100% of Chinas actions.
'Why "protect" its unilaterally declared territorial claim and be a co-signor in agreement to the UNCLOS whose clause is to respect each state's EEZ?'
Hold up, since when are EEZs more important than sovereign territories? EEZs are DETERMINED OFF sovereign territory. Sovereign territory trumps over any economic zone of any sort any day.
When China declared the islands/reefs in the SCS as their sovereign territory, PH didnt even exist as a sovereign state. And the fact that you worded your wordings as such, shows exactly how much you know about international law, extremely limited. UNCLOS does NOT determine a states EEZ, it merely defines those boundaries. It didnt say PH has this, or China has that.
Moreover, just because China signed and ratified UNCLOS, that doesnt mean it contradicted Chinas SOVEREIGN claims over the islands/reefs.
'Your arguments appear to be needlessly hung up on specific definitions of "territory", whereas usage on EEZ was loosely meant for the purpose by claim and enjoyment of the term as defined. Hence "Exclusive"'
See, this is how I know you dont know what youre talking about. You accused me of being "hung up" on certain words, and yet here you are being "hung up" on the word "exclusive". Please, dont be a hypocrite. Law is law and needs to be defined and interpreted properly. Otherwise this is how dispute arises.
What happens when 2 of more countrys EEZ overlaps, what happens then? Its not so "exclusive" now hey?
"Side note: no other country of Earth brazenly stakes an entire sea as their own sovereign territory. 🤭 So the world continues to watch China's "legitimacy" acrobatics on this one"
Vietnam is half way there. They claim half of the SCS as their sovereign territory. And besides, there is no law that prohibits that action. If you want to talk about "legitimacy", whats the "legitimacy" on your US buddy invading and taking over North America?
Anything that happened prior to International Law existed is legitimate? Then Chinas claims over the SCS is also legitimate then since they made that claim prior to international law even existing.
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Wow...I almost TLDR this. Since you gave me the time to write for me, the least I could do is respond back.
"You didn't answer the question and digressed. You can remove the U.S. out of this..."
Oh I answered the question already. Its you that failed to comprehend words once again. Since it doesnt spell it out for you, I DONT AGREE THAT CHINA SHOULD CLAIM THE ENTIRE SCS.
Moreover, I can bring it whatever country I want into this if I wish to. If the US is not involved they why they sailing warships there all the time? Clearly they want to be involved.
"Your explanation is laughable. You keep on bringing in the sovereign claim and its importance over EEZ when the claim itself does not hold water (no pun)"
If youre the first country in the region to lay sovereign claims to the island, then its yours. So how does that not hold water? Its PH and the others that made sovereign claims over 3 decades AFTER Chinas sovereign claims.
"I never stated that UNCLOS "determined" the states' EEZ but read it again,,,It's not the wording that's inaccurate but your skill in reading/ comprehension"
You said "in agreement to the UNCLOS whose clause is to respect each state's EEZ". That, coupled with the fact that youre so adamant that Chinas within PHs EEZ, implies you meant the states EEZs are already "set" from UNCLOS.
If its not "set" then why you complaining Chinas in it? According to you NOW, its not "determined/set" by UNCLOS now right? If its not "set" by UNCLOS, then the 200NM from PH is NOT set in stone. If the 200NM EEZ from PH is not set in stone then why you complaining that Chinas supposedly "in it"?!
And here you are trying to mock me of my reading/comprehension skills when its YOU thats lacking in the comprehension and logic department.
"You just faceplanted on your attempt at acrobatics or diversion. How the heck does it NOT contradict??"
Not at all. Just because you dont understand doesnt mean it contradicts. UNCLOS is incompatible with sovereign claims, theyre 2 completely different things, and UNCLOS does not address that. You could say its a loophole.
"This is NOT an exacting analogy but let's try this..."
Yeh, poor analogy. You disregarded something called sovereignty. "People" cant claim territories. Its sovereign states that do. And when one sovereign state claims a piece of territory as theirs, it cannot be owned by another. Thats just how the world works.
'The word "Exclusive" is elementarily defined and is not contestible'
Oh yeh? So when 2 countries have overlapping EEZs what happens then? Some countries have split their overlapping EEZs into 2. What happened to "exclusive"? What you call "exclusive" has now been split!
And what happened to it being "uncontestible" then? Those that dont resolve the overlapping of EEZs will forever be in a dispute. There are many countries in this situation. Hows that for "not contestible"? Looks like it isnt me thats faceplanted themselves...
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"The limits or absence of inclusion in international law does not necessarily make it legal until universally chartered and ratified by all affected and witnessing bodies, or at the least recognizes it by a vast margin"
Theres a difference between "not legal" and "illegal". Theyre not necessarily the same. Much like, whats "not right" doesnt always make it "wrong", or whats "not g00d" doesnt always mean its "bad".
"There's no law prohibiting claiming the moon as China's 'territory' as soon as it steps on it, will it do it then since the U.S. passed on it? Pls. don't answer that, I haven't recovered from laughing 😅"
Like I said, just because you dont know, doesnt mean it doesnt exist. There IS law prohibiting claiming the moon as part of a countrys sovereign territory. Its called the Outer Space Treaty. You can continue laughing at your intelligence.
"I'll try to answer for you the main questions you've dodged from the beginning:
1. China didn't defend it in any court as any responsible global citizen would do because..."
Youre delusion if you think you or I can speak on behalf of another country. Why should I be representing China to be answering that question? Im not even Chinese.
"2. China has NONE of the historical, moral and legal authority to claim the SCS as 'sovereign territory"
Actually there ARE Chinese historical artifacts found on the Spratly islands. But no country can make claims based on historical evidence. As for "legal authority", you really dont know what youre talking about. China made their sovereign claims BEFORE international law even existed, just like how the US and every other power claimed their pieces of territory they didnt originally owned before. Got anything to say about their "moral and legal authority" to claim those territory?
"the natives surrounding the gulfs and larger bodies of water would have carved out large portions of the seas for themselves, but why hasn't anybody done it?"
Thats a g00d question. Why dont you ask them themselves? Oh wait, you already represented them to answer on their behalf...Im not so delusional to think I can represent others.
"I didn't learn anything new from you"
From our interaction, I can tell youre not a very bright learner.
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