Comments on: US must stay off South China Sea dispute; claimants can negotiate quietly https://citifmonline.com/2016/05/us-must-stay-off-south-china-sea-dispute-claimants-can-negotiate-quietly/ Ghana News | Ghana Politics | Ghana Soccer | Ghana Showbiz Wed, 18 May 2016 19:35:00 +0000 hourly 1 https://wordpress.org/?v=6.0.8 By: Jose Rizal https://citifmonline.com/2016/05/us-must-stay-off-south-china-sea-dispute-claimants-can-negotiate-quietly/#comment-2780 Wed, 18 May 2016 19:35:00 +0000 http://citifmonline.com/?p=215304#comment-2780 US back off so that might is right? I don’t think so thank you. If china really had rights it would not be a problem for them to go to court. Obviously, their claims are fabricated. And the author wants the US to back off. He thinks there will be peace. Really? Does he understand resentment that can build up. Then he would have the peace hit the fan. What a dufus.

]]> By: Jose Rizal https://citifmonline.com/2016/05/us-must-stay-off-south-china-sea-dispute-claimants-can-negotiate-quietly/#comment-3464 Wed, 18 May 2016 19:35:00 +0000 http://citifmonline.com/?p=215304#comment-3464 US back off so that might is right? I don’t think so thank you. If china really had rights it would not be a problem for them to go to court. Obviously, their claims are fabricated. And the author wants the US to back off. He thinks there will be peace. Really? Does he understand resentment that can build up. Then he would have the peace hit the fan. What a dufus.

]]> By: britbob https://citifmonline.com/2016/05/us-must-stay-off-south-china-sea-dispute-claimants-can-negotiate-quietly/#comment-2779 Wed, 18 May 2016 18:15:00 +0000 http://citifmonline.com/?p=215304#comment-2779 Effective sovereignty Argument: A case that supports this view of effective sovereignty is relevant is the Minquiers and Ecrehos Case, France/UK of 17th November 1953. In this case both the UK and France had requested the ICJ to determine which country held sovereignty over the uninhabited Islets and rocks in the Minquiers and Ecrehos. France had claimed sovereignty because of historic sovereignty going back to the Dutchy of Normandy in the 11th century while the UK claimed that Jersey had historically exercised administrational jurisdiction on them. The Court decided that in the absence of valid treaty provisions, they considered the argument that the British government has exercised effective control to be superior, so that sovereignty control over the Minquiers and Ecrehos belonged to the UK. (the UK had protested to the French government when a French national had intended to build a house on one of the islats and any deaths occurring on the islets were dealt with by inquests held on Jersey). ICJ Minquiers & Ecrehos Judgment, 17 Nov 1953, p28, paras 6 & 12.

No delimitation between states with opposite or adjacent coasts may be affected unilaterally by one of those states. For some interesting judgments on territorial seas and to gain an understanding as to how the world court deals with such disputes:

https://www.academia.edu/10574593/Falklands_Islands_Territorial_Waters

]]> By: britbob https://citifmonline.com/2016/05/us-must-stay-off-south-china-sea-dispute-claimants-can-negotiate-quietly/#comment-3463 Wed, 18 May 2016 18:15:00 +0000 http://citifmonline.com/?p=215304#comment-3463 Effective sovereignty Argument: A case that supports this view of effective sovereignty is relevant is the Minquiers and Ecrehos Case, France/UK of 17th November 1953. In this case both the UK and France had requested the ICJ to determine which country held sovereignty over the uninhabited Islets and rocks in the Minquiers and Ecrehos. France had claimed sovereignty because of historic sovereignty going back to the Dutchy of Normandy in the 11th century while the UK claimed that Jersey had historically exercised administrational jurisdiction on them. The Court decided that in the absence of valid treaty provisions, they considered the argument that the British government has exercised effective control to be superior, so that sovereignty control over the Minquiers and Ecrehos belonged to the UK. (the UK had protested to the French government when a French national had intended to build a house on one of the islats and any deaths occurring on the islets were dealt with by inquests held on Jersey). ICJ Minquiers & Ecrehos Judgment, 17 Nov 1953, p28, paras 6 & 12.

No delimitation between states with opposite or adjacent coasts may be affected unilaterally by one of those states. For some interesting judgments on territorial seas and to gain an understanding as to how the world court deals with such disputes:

https://www.academia.edu/10574593/Falklands_Islands_Territorial_Waters

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