Friday, 24 March 2017

About Muslim today



As of 2015, Islam has 1.7 billion adherents, making up over 23.4% of the world population.

I am unfamiliar with the Muslim practices, although I agree that fasting would be helpful to the body. Now I start a desk study and try to learn some of the reality of Muslims.

About terrorism and ISIS which was sadly created by the Iraq and other  wars, I think millions of ordinary Muslim people would be in a completely different place and context and have zero connection with terrorism, like Christians countered the Lord’s Resistance Army , or extremists like Dylann Roof, Anders Breivik, and Timothy McVeigh in US, or the Port Arthur massacre of 1996 in which 35 people were killed and 23 wounded in Australia. How can  a few hundred radicals represent 1.7 billion Muslims ?

It seems that in Islam, like Christians, there are many different messages and muslims take them to mean different things. Religious arguments are said to be common with each party quoting his or her own sura with commentary by different imams supporting one side or another.

How should we humans communicate with each other today ?

Bill

Muslims which are united in their belief in God and the Prophet Muhammad. It is said that they have widely differing views about many other aspects of their faith, including how important religion is to their lives, who counts as a Muslim and what practices are acceptable, according to a worldwide survey by the Pew Research Center’s Forum on Religion & Public Life.

Sunni and Shiite Muslims have been at odds for almost the entirety of Islam's history,  the sectarian divide in the Muslim world is almost as old as the religion of Islam itself. The split occurred after the death of the Prophet Muhammad in the early 7th century. Abu Bakr ,a companion of Muhammad , His followers are now known as Sunni Muslims. The prophet’s son-in-law and cousin, Ali, should take on that leadership role while supporters of Ali are known as Shiite Muslims. It is said that the Shia were a movement - literally "Shiat Ali" or the "Party of Ali". They claimed that Ali was the rightful successor to the Prophet Muhammad as leader (imam) of the Muslim community following his death in 632.

Sunnis argue that the prophet chose Abu Bakr to lead prayers, however, Shiites claim that Muhammad, after his last pilgrimage stood before his companions and named Ali as the “spiritual guide and master of all believers,” , the BBC reports.

The great majority of the world's more than 1.5 billion Muslims are Sunnis - estimates suggest the figure is somewhere between 85% and 90%. In the Middle East, Sunnis make up 90% or more of the populations of Egypt, Jordan and Saudi Arabia.

 Most Shiite Muslims (between 68 percent to 80 percent, as of 2009) live in just four countries: Iran, India, Iraq and Pakistan. Shiite Muslims make up about 90 percent of the population of Iran. About one-fifth of the world’s Muslims live in a country where Islam is not the major religion.
Shia Muslims are in the majority in Iran, Iraq, Bahrain, Azerbaijan and, according to some estimates, Yemen. There are also large Shia communities in Afghanistan, India, Kuwait, Lebanon, Pakistan, Qatar, Syria, Turkey, Saudi Arabia and the UAE.
BBC reported that in countries which have been governed by Sunnis, Shia tend to make up the poorest sections of society. They often see themselves as victims of discrimination and oppression. Sunni extremists frequently denounce Shia as heretics who should be killed.
Shiite Muslims often group those into three daily prayers and are also identifiable by the small tablet of clay (often from Karbala, the site of Hussein's death) used during prayer, which they rest their forehead on during prostration.
There are three main branches of Shia Islam today - the Zaidis, Ismailis and Ithna Asharis (Twelvers or Imamis).

In Syria, Iranian troops, Hezbollah fighters and Iranian-backed Shia militiamen have been helping the Shia-led government battle the Sunni-dominated opposition. Sunni jihadist groups, including Islamic State (IS), have meanwhile been targeting Shia and their places of worship in Syria and neighbouring Iraq.


Sunnis and Shia: Islam's ancient schism - BBC News
http://www.bbc.com/news/world-middle-east-16047709

Throughout history Muslim cultures have been diverse ethically, linguistically and regionally. Other Muslim cultures have also emerged in countries throughout the world where Muslims constitute the minority segments of the population.

Indonesia declared independence in 1945, it became the second largest Muslim-majority nation in the world; following the separation of Bangladesh from Pakistan in 1971, it emerged as the most populous Muslim country in the world. Today about 88% of Indonesia's 235 million people is Muslim. Indonesia is constitutionally a secular state (but the government officially recognises only six formal religions), with Islam being the dominant religion in the country.  Eventually, "Indonesia adopted a civil code instead of an Islamic one". In the New Order years (Suharto's presidency), there was an intensification of religious belief amongst Muslims. Under the Suharto regime, all Islamic parties were forced to unite under one government-supervised Islamic party, the Partai Persatuan Pembangunan (Party for Unity and Development or PPP).[7] With Suharto's resignation in 1998, "the structure that repressed religion and society collapsed".
Muslim Indonesians in urban areas are uncomfortable to see women wearing burqa/niqab. When Soekarno, Hatta, and other founding fathers of Indonesia were trying to decide the future of the country in mid-1940s, realized that there were native Christians and Hindus in Indonesia too, and they did not want an Indonesia to be a country where non-Muslims are perceived as second-class citizens. It seems that  Muslim Indonesians are also among the most tolerant Muslims in terms of accepting religious pluralism, with many not identify with, nor sympathize with the Sharia law.
Just on March 24, 2017, Indonesian police fired tear gas to disperse hard-line Muslims protesting against the construction of a Catholic church in a satellite city of the capital Jakarta.
Several hundred protesters from a group called Forum for Bekasi Muslim Friendship demonstrated in front of the Santa Clara church in Kaliabang.

Islam and violence
Mainstream Islamic law stipulates detailed regulations for the use of violence, including the use of violence within the family or household, the use of corporal or capital punishment, as well as how, when and against whom to wage war.

Globalization
Muslims across the 39 countries and territories surveyed differ significantly in their levels of religious commitment, openness to multiple interpretations of their faith, and acceptance of various sects and movements.
Outside of the Middle East and North Africa, the distinction between Sunni and Shia appears to be of lesser consequence. In many of the countries surveyed in Central Asia, for instance, most Muslims do not identify with either branch of Islam, saying instead that they are “just a Muslim.” A similar pattern prevails in Southern and Eastern Europe, where pluralities or majorities in all countries identify as “just a Muslim.” In some of these countries, decades of communist rule may have made sectarian distinctions unfamiliar. But identification as “just a Muslim” is also prevalent in many countries without a communist legacy. For example, in Indonesia, which has the world’s largest Muslim population, 26% of Muslims describe themselves as Sunnis, compared with 56% who say they are “just a Muslim” and 13% who do not give a definite response.
The World’s Muslims: Unity and Diversity | Pew Research Center
http://www.pewforum.org/2012/08/09/the-worlds-muslims-unity-and-diversity-executive-summary/

Muslims and ISIS
A few hundred radicals can't represent 1.6 billion Muslims.
Some especially in western context , said the Muslims dissociate themselves from ISIS. They therefore argue that many of the practices of ISIS are completely un-Islamic, even anti-Islamic and cannot be justified by the legal traditions that have been developed over many centuries.
A  Muslim leader  in Cambridge said  ‘They’re just a bunch of Marxists.’ And  Ben Macintyre wrote  ‘ISIS owes more to the Kremlin than the Koran,’ and argued that ‘Stalin is the godfather of Islamic State.’
 However, It would be more accurate to say that ISIS has a lot to do with Islam, but is an extreme expression of one particular kind of Islamism. The rank and file of ISIS fighters from all over the world have joined the movement for a whole variety of motives—related to idealism and the search for identity, meaning and adventure—and probably have minimal understanding of Islam. But the leadership says so clearly that it is trying to imitate some of the practices of the first generation of Muslims during and immediately after the life of the Prophet. And in interpreting the Qur’an, they use the principle of abrogation, which enables them to say that later verses calling Muslims to wage war on unbelievers abrogate, or cancel out, earlier verses which call for patient endurance of opposition, as in a document by Abu Bakr Naji that comes out of ISIS called ‘The Management of Savagery’.  I think only other Muslims may explain why they believe ISIS is completely wrong in its interpretation and application of Islamic sources.

At the other extreme there are many Christians—who believe that ISIS is much nearer to the spirit and practice of early Islam than moderate Muslims of today. They point to particular verses in the Qur’an (e.g. about beheading, crucifixion and slavery) and passages in Hadith literature, the biographies of Muhammad and legal texts to show the connections between the brutalities of ISIS and early Islamic texts.
 Tim Winter of Cambridge said that Islamist interpretations generally ignore the consensus in the Islamic legal tradition which developed over many centuries and insist on going directly back to the Qur’an and the example of the Prophet. Winter believes that the legal traditions of the four main theological schools (the madhhabs) are like a telescope that enables us to see the stars clearly which has been ignored by the Islamists.

ISIS: Un-Islamic or True Islam? | Zwemer
http://www.zwemercenter.com/isis-un-islamic-or-true-islam/#

The evidence also appears to debunk repeated claims by former PM Tony Blair that IS began in the Syrian civil war and not Iraq, positioning the brutal group’s rise clearly within Iraq’s borders.
The Chilcot findings were backed up by serving Foreign Secretary Phillip Hammond. He told The Foreign Affairs Committee “many of the problems we see in Iraq today stem from that disastrous decision to dismantle the Iraqi army and embark on a program of de-Baathification.”
The documents show that by 2006 –  UK intelligence chiefs were increasingly concerned about the rise of Sunni jihadist resistance to the Western-backed regime of Shia President Nouri Al-Maliki.
A March 2007 JIC report" AQ-I will try to expand its sectarian campaign wherever it can, declared the establishment of the notional ‘Islamic State of Iraq’ (including Kirkuk).”

Chilcot: Intelligence reports confirm Iraq war created ISIS
https://www.google.com.au/amp/s/www.rt.com/document/577e0f88c3618845228b457d/amp


There, they are one part of a horrendously complicated regional conflict involving multiple countries, ethnicities, and religious affiliations.
You do know there are major conflicts within Islam, right? Iran is a major Shia power, which makes it just as much an enemy and target for ISIL, who are Sunni extremists, as you and me. More so, in fact, because Iran is a major player in the fight. We may not trust their motives and their influence in Iraq, and they may only be doing just enough to let ISIL remain a credible threat because it helps legitimize Bashar’s actions in Syria, but you asked what Muslims are doing to counter ISIL. Well, Iran is Muslim, and they’re fighting ISIL.

To say isis are muslim is just like saying that he lords resistance army is christian or https://en.wikipedia.org/wiki/Irgun was jewish.

To liken christianity to islam, you could read this :
" 7When you hear of wars and rumors of wars, do not be alarmed; this must take place, but the end is still to come. 8 For nation will rise against nation, and kingdom against kingdom; there will be earthquakes in various places; there will be famines. -mark 13:7,8 "
and conclude that christianity.

But  you could read this and come to the opposite conclusion-
" 3Indeed, we live as human beings, but we do not wage war according to human standards; 4for the weapons of our warfare are not merely human, but they have divine power to destroy strongholds. We destroy arguments - corinthians 10:3,4"

islam is the same way, there are many different messages and muslims take them to mean different things. among religious muslims, religious arguments are common with each party quoting his or her own sura with commentary by different imams supporting one side or another.

 https://www.quora.com/Is-ISIS-Muslim



Friday, 17 March 2017

介绍八段錦

介绍八段錦

不觉間,年近六旬八了。
半年前发现有腰、颈椎退化,L4-L5初步移位。宝芝兄介绍做八段錦。

八段錦是一種優秀的中國傳統保健氣功,網上很多介绍。它動作較簡單易行,功效顯著。 通過練習可以達到拉伸經筋、調理內臟、運動血脈的作用,進而達到延年益壽的效果。

当然是需要認真学习,多做(平均每天活動筋骨一小時以上)才有效的。每個動作做三組練習。 我和太太选用了癌症基金會 的视频來练习,
八段錦入門 - 完整練習 (12分鐘) - YouTube
https://m.youtube.com/watch?v=Bewk1ML6WIE


練八段錦對脊椎,腰椎都很有幫助。八段錦的上、下、左、右、前、後與水平面練習原則,利用等張與等長運動的肌肉訓練,進行脊椎保健,強化與伸展肌肉,椎間韌帶與軟組織能對稱復位,減緩脊椎的歪斜帶來的疼痛與不適。


我覺得任何功夫都有好处,都有門派及变化。练习最好有師傅,但最重要是多学多做。還是实踐最重要。練功當然有基本要求,中正圓,提肛收尾膂,沉肩坐馬等等。

八段錦之站式:
a. 預備式之一自然站直,全身放鬆。
b. 預備式之二 :左腳開步,兩腳分開與肩同寬,微微屈膝,雙掌抱於腹前(好像自己正抱著一個大汽球於腹前),含胸拔背,呼吸自然(可想像自己正吸納天地林木之正氣),口齒輕閉,臉露微笑,心神寧靜,意守丹田(收納天地正氣於小腹丹田處).                                                
1. 雙手托天理三焦lZ自然站立,全身放鬆,兩腳仍是兩腿微屈,與肩同寬。
*兩手插掌,掌心向上,雙手姆指接連,兩腿緩緩伸直,雙掌從腹前至胸前如「托天」狀慢慢向上托起(吸氣),兩掌在臉前一翻,繼續上托,肘關節完全伸直,全身伸直,直至托到不能再高時,便閉氣停頓,維持此舒展動作數秒——做到「力從腳跟起,貫到泥丸宮」(泥丸宮即頂門,嬰兒頭骨未合處)。
*要注意托天期間臉部不應上仰,而是應眼望前方,口齒輕閉,舌抵上顎。[2]
*然後回復自然呼吸,雙手與身體重心緩緩下降,手臂自然向兩邊鬆垂下來,兩腿回復微屈狀,全身放鬆。
*此為八段錦第一式,此式共做八次,完成後稍歇一會,再做下一式。

2. 左右開弓似射鵰.                             含胸拔背,馬步站立做到「三平」。「三平」,即小腿與地面垂直,大腿與小腿連成直角,身背又與大腿垂直,做到「三平」很難,年老與體虛的人,可根據自己的身體條件,適當站立即可,不可強求。
    * 站好後,左手虎口張開,食指上指,其它四指如握弓背狀,右手如拉弓弦,從胸前用暗勁左右拉開。左手向左一直伸展,同時目視左前方,如欲射大雕狀。左手完全伸展後,左右手依舊用暗勁一個伸,一個拉,左手向左再頂八次,然後自然鬆開、收回,同時全身放鬆,鬆一口氣。稍歇一會兒後,再換向右方做一遍,也頂八次。如此左右各做八遍。
    * 注意向左右用暗勁頂時,伸直的手臂不能彎曲或來回收縮,始終用的是暗勁,從外表上看不出來。

3。調理脾胃雙臂舉
    * 全身放鬆,自然站立,兩腳分開與肩同寬。兩手手指自然分開,相向,從腹前開始,右手掌心向上,向上慢慢托舉;左手掌心向下,向下慢慢按壓。右手托到頭一側時,掌心自然向外翻轉,逐漸上舉如「托天」狀,手臂一直伸到不能再伸時,左手也下壓,中指尖自然指向前方,壓到不能再壓時,腰帶動上半身向左轉,轉到不能再轉時,兩手用暗勁一個向上舉,一個向下壓,同時兩眼用力瞧右腳跟。這樣舉、壓、瞧,一、二、三、四、五、六、七、八,連續做八次後,兩手鬆回,上半身也轉正,同時全身鬆一口氣。稍歇一會兒,再換過左手舉,右手壓。如此反覆左右側各做八遍。
    * 傳統上這兩段分開來做。我多年的實踐,證明這兩段合起來做,效果更好。做這兩段動作時,兩腿始終是站直的,不能稍打彎曲。腰也不能來回扭動,而是始終朝一個方向轉。
4五勞七傷向後瞧
    * 自然站立,雙腳與肩同寬,雙手自然下垂,寧神調息,氣沉丹田。先做左手向上。兩手一前­一後提起,左手掌心向上至胸前;右手往後,手背貼向背脊凹位(命門穴),由兩手提起時­開始要一直吸氣,左手至胸前反轉再向上,盡量伸直掌心向天,指尖向右,腰身同時向右轉­,不要用腰胯遷就,盡量用頭向後180度望,吸氣至滿,呼氣還原原位,循環做八次,再­轉右手上舉身向右左轉,再做八次完成。
    * 功用:可以消除疲勞,健腦安神,防治肩頸酸痛。
5搖頭擺尾去心火
    * 全身放鬆站立,兩腳分開,比肩略寬。以腰帶動上半身,如太極拳之「摟膝拗步」向右轉,同時右手向右劃,左手向右前方推,右腳、左腳以腳跟為圓心,自然外擺、內扣,兩腿自然曲成弓步。左手推到不能再推時,右手自然向下壓在體一側。接着左手再用暗勁向前推八次。再用太極拳之「摟膝拗步」法,左手從體前向左側劃,右手向左前方推,以腰帶動上半身亦向左側轉來,注意此時頭即上半身應儘量轉向左側,左腳、右腳自然外擺、內扣,這才是真正的「搖頭擺尾」。右手推到不能再推時,用暗勁向前再推八次。如此左右反覆,各做八次。
    * 有的傳授教人做這一節時,搖搖頭,擺擺屁股就完了,這不能達到真正「去心火」的目的。收功後,全身鬆一口氣,休息片刻,再進行下一個動作。
6兩手攀足固腎腰
    * 全身自然站立,放鬆;兩腳分開與肩同寬。兩手用暗勁向後、向上、向前、向下連續慢慢劃弧,指尖伸向足前;
    * 手臂向下劃弧時,上半身帶同腰也一齊下劃。手伸到不能再伸時,依勢用暗勁向足前下壓八次,然後全身鬆開,恢復原站位,同時鬆一口氣,稍休息一會兒,再做下一遍動作。共做八遍。
    * 這一段運動中,兩腿始終是直的,不能打彎;兩臂也不能彎曲。有的人身子缺乏運動,比較僵硬,開始「攀」不到足,但鍛煉久了循序漸進,也可漸漸「攀」到足。
    * 有的人身子軟活,手能很容易地「攀」到足,此時可用兩手壓足前的地面,或手臂稍曲,以兩肘「攀足」,使兩腿與腰部有繃緊的感覺,即可達到鍛煉的效果。
    * 這一段還有兩個要領必須掌握,即「兩手攀足」時,頭頸必須完全放鬆,腦袋如垂瓜一般,兩手臂也要完全放鬆。下壓「攀足」時,不能上下屈伸,而是用暗勁依次向下壓。
    * 有人認為,這樣依法運動,不但能「固腎腰」,還能有效預防「腦猝中」,即腦血栓一類的疾病,因為這一套運動可使腦血管保持通暢,對健身強體大有益處。
    * 但老年人做這套運動時,儘可能慢一點,以身體感覺舒暢為度,慢慢達到要求的標準。也可在起床前,兩手指肚(不可用指甲)緊貼頭皮,從前到後梳頭50次,使血液通暢,再下床做這套運動,則更覺適宜了。
7攢拳怒目增氣力
    * 馬步站立,含胸拔背,上身、大、小腿做到「三平」;兩手如卷餅式握拳,並以內勁緊貼腰間,拳心向上;兩目怒視前方;用暗勁將右拳慢慢衝出,拳心自然翻轉向下。
    * 衝到不能再沖時,手臂已直,依勢用暗勁再向前沖八次。然後全身鬆開站立,自然鬆一口氣。稍休息一會兒後,換為左手沖拳。如此左右各做八遍。
    * 如卷餅式握拳,也是暗勁,這樣拳才能攢得緊。不但「攢拳」要「怒目」,「兩手托天」、「左右開弓」、「單手舉」、「往後瞧」以及後面要解說的「搖頭擺尾」、「起踮」等,也要「怒目」。「怒目」,能提起全身精神,使一身精、氣、神貫足,也鍛煉了眼睛視力。戲劇大師如梅蘭芳他們的眼神,也都是經過了鍛煉的。「怒目」二字,不可忽視。
8背後七顛百病消
    * 全身放鬆站立,兩腳自然分開,與肩同寬。身體緩緩上引,腳跟自然離地,引到不能再引時,用兩腳尖支撐全身站立,直到不能支持時,腳跟緩緩着地,隨即鬆一口氣,如此共做八遍。
    * 此段過去作「背後七顛百病消」,用腳跟提起頓地,連做七次。這個方法不好,腳跟頓地容易使腦部受到震盪。我將「七顛」改為「起踮」,並改了運動的方式,如此才有益於健康。[原
https://zh.m.wikipedia.org/zh-hant/八段锦

Saturday, 25 February 2017

參加了苗圃的''行路上廣州''

各位:

經思颖兄推介,我倆剛參加了苗圃每年一度的初三至初七的''行路上廣州''活动,31/1 to 3/2,  我每天步行 约25, 13, 22,12 km. 我倆从廣東開平南樓開步, 經赤崁鎮,新會玉湖,中山,顺德大牌樓 ,西滘文化公園,顺峰山五行橋,至南海禪城。
它还有很多其他活动,如挑戰十二小時,助學長征,茶馬古道助學,大家可以一起参加。
我们的年纪大了,更需要活动筋骨。我大概比較幸運,在悉尼有一班朋友們經常带领運動。汝川兄經常组织行山及騎單車,继沛兄推动楊家太極亦十多年了。宝芝兄又推介八段錦。苗圃又是运动,又是行善;苗圃是一个十分嚴謹,和認真的团队。

據悉:苗圃行動於 1992 年在香港註冊成立,是以促進中國教育為宗旨,透過一系列實際行動,籌募所得的善款百分百用於助學用途,每年均舉辦「挑戰12小時」、「行路上廣州」、「助學長征」、「茶馬古道助學行」、「童樂行」及「單車助學行」等大型籌款活動,積極推廣助學訊息。自成立至今,苗圃在內地已援建1,300所學校和師生宿舍,資助逾29.9萬人次的中小學生及1,292名大學生,培訓超過2.97萬名教師,營運1所女子高中及2所兒童福利院,資助孤兒學校1所及籌備新設兒童福利院1所,總資助金額逾4億7仟萬人民幣。http://www.sowers.org.hk/about.php

http://jsnews.jschina.com.cn/xz/a/201702/t20170208_39938.shtml?from=timeline&isappinstalled=0

活動消息 - 苗圃茶馬古道助學行2017
http://teahorse.sowers.org.hk/2017/

Monday, 28 November 2016

Questioning the timeline of Humanity


Dear All

The conventional  history of humanity considers that  the New Stone Age, and the Agricultural Revolution (between 8000 and 5000 BCE) was the first signs of a “civilized” society appearing on this planet when the  Homo sapiens had the Neolithic Revolution  and domesticated animals for their subsistence beginning in Africa
But the timeline of Humanity is questionable and  contentious as there are many  unsolved mysteries arising from Evolutionary bias, racial prejudices, and religious insistence, etc. 
National Geographic informs that  Humans have walked the Earth for 190,000 years, a mere blip in Earth's 4.5-billion-year history.   Since modern humans emerged in the Cenozoic era, this planet has seen an incredible series of changes which include 50 to more than 90 percent of all species on Earth have disappeared as new species evolve to fit ever changing ecological niches, older species fade away in a geological blink of the eye, an extraterrestrial impact is most closely linked to the Cretaceous extinction event. The melt off of ice at around  20,000 years ago had caused  the ocean levels rose of more than 100 metres during the last ice age. Massive floods of lava erupting from the central Atlantic magmatic province about 200 million years ago may explain the Triassic-Jurassic extinction. About 20 percent of all marine families went extinct, as well as most mammal-like creatures, many large amphibians, and all non-dinosaur archosaurs. An asteroid impact is another possible cause of the extinction, though a telltale crater has yet to be found. 
Today,  National Geographic echoes a sixth mass extinction is under way which is due to  human activities such as pollution, land clearing, and overfishing.
http://science.nationalgeographic.com/science/prehistoric-world/mass-extinction/
Several  pseudoarchaeological theories arose and  tries to convince that prehistoric and ancient human societies were aided in their development by intelligent extraterrestrial life, such as Swiss author Erich von Däniken in books  Chariots of the Gods? (1968) and Italian author Peter Kolosimo such as Atlantis, and  Graham Hancock in his Fingerprints of the Gods (1995).  However, pseudoarchaeologists are critiqued that they only  use  "generalized cultural comparisons," taking various artefacts and monuments from one society, and highlighting similarities with those of another to support a conclusion that both had a common source—typically an ancient lost civilisation like AtlantisMu, or an extraterrestrial influence.    In this regard,  Stanley Hall with his Tayos Cave system in Ecuador and its legendary golden library has not been proven.  Likewise, the Bosnian Pyramids  claim is considered  a cruel hoax on an unsuspecting public and should have no place in the world of genuine science.
There has been Conferences  to examine pseudoarchaeological beliefs from a variety of academic standpoints, including archaeology, physical anthropology trying to establish  a dialogue  between evolutionary biologists and creationists or between astronomers and astrologers. https://en.m.wikipedia.org/wiki/Pseudoarchaeology#Conferences_and_anthologies
And the Smithsonian Institution eventually endorsed the Egyptian Cave in the Grand Canyon  on display at the Smithsonian Institute at Washington DC -Jun 25, 2013.
Regards
Bill
 There are the submerged cities of Dwarka, the new pyramids found at Giza and the ancient tunnels in Europe, arguing that human civilisation would be more than 20,000 years. 
1.  Dwarka  is rated as one of the seven most ancient cities in India,  it  was said to be the dwelling place of Lord Krishna which is a major Hindu deity  as the greatest warrior who never lost any battle that he fought. According  to Hindu legend the god Krishna built a city which was ultimately destroyed by rising sea levels. Astrophysicist Dr. Narahari Achar, a physicist from the University of Memphis, found a submerged city in the sea near Dwarka. 
Dr. Rao has excavated a large number of Harappan sites including the port city of Lothal in Gujarat and  discovered in the late 1980s the archaeological l structures under the seabed off the coast of modern Dwarka in Gujarat. Now archaeologists and Indian Navy divers are investigating underwater ruins at Dwarka on India's western coast, said to be Krishna's city. Traditional Hindu scholars referencing ancient Hindu scriptures believe the location to be very ancient, originally built many thousands of years ago. 
Since 1983 the Marine Archaeology Unit of the National Institute of Oceanography in India was engaged in the offshore exploration and excavation of the legendary city of Dwaraka. The  strongest archaeological support comes from the structures discovered under the sea-bed off the coast of Dwaraka in Gujarat,  artifacts recovered from this two cities thus far place the city at around 32,000 years old. 
 The City at Dwarka is not an isolated incident. 
Highly Advanced Ancient Underwater City Discovered to be 32,000 Years Old :: The Un-Silent Majority
http://www.unsilentmajoritynews.com/highly-advanced-ancient-underwater-city-discovered-to-be-32000-years-old/

Ancient Explorers | Unearth the Past. Discover the Future.
http://ancientexplorers.com/
 2. Two Ukrainian researchers, Manichev and Parkhomenko , focus on the deteriorated aspect of the body of the Sphinx, have proposed that  the Great Sphinx at Giza is 800,000 years old. Previously,  the  Great Pyramid of Giza on the basis of potassium-argon dating and stratigraphic studies, were found to be only 4830 to 5700 years old according to radiocarbon dating of accompanying charcoal. The debate over when the Giza complex was constructed is still ongoing.
http://www.ancient-code.com/scientists-geological-evidence-shows-the-great-sphinx-is-800000-years-old/
3. Ancient Tunnels in Turkey 

Archaeologists uncovered thousands of Stone Age underground tunnels  stretching across Europe from Scotland to Turkey, perplexing researchers as to their original purpose.  

12,000 year old massive underground tunnels stretch from Scotland to Turkey.

While the reason behind these sophisticated tunnels remains a mystery, many experts believe that this old network was built as a protection against predators and other dangers 12,000 years ago. Some experts believe that these mysterious tunnels were used as modern-day highways, allowing the transition of people and connecting them to distant places across Europe.
'In Bavaria in Germany alone we have found 700 metres of these underground tunnel networks. In Styria in Austria we have found 350 metres,' he said. 'Across Europe there were thousands of them - from the north in Scotland down to the Mediterranean. While some of the tunnels are relatively small- some of them measure over a meter in width, there are other tunnels that have been found with underground chambers and storage areas.
http://www.ancient-code.com/12000-year-old-massive-underground-tunnels-are-real-and-stretch-from-scotland-to-turkey/
Extensive Ancient Underground Networks Discovered Throughout Europe | Ancient Origins

http://www.ancient-origins.net/news-history-archaeology/extensive-ancient-underground-networks-discovered-throughout-europe-00540

Take a look at this video on YouTube:

https://youtu.be/m3TMeKjiQmk


4)  Stanley Hall who passed away some years ago , in 1976  he and a  team of explorers claimed that they have found the legendary golden library and other mysterious treasures in the Tayos Cave system in Ecuador. 
The team did claim to have samples of at least one of the metal books, one golden plate and several small statues that they will be submitting to professional testing, however,  the team has only announced their findings onto a radio show.

The team announced that they accidentally found some hidden tunnels that were obviously dug out artificially sometime in the ancient past while inside one of the main chambers. The team was able to follow one of these tunnels for approximately ½ mile and came upon a large room containing the golden library and various other treasures. Below is a list of what the explorers claimed to have found in this chamber:

1. A library with thousands of metal books.  Each page had symbols and strange writing on them.
2. Individual plates with writing on them and strange symbols that looked to be made of gold.
3. At least several hundred statues of insects, animals and humans spread throughout the large chamber.
4. Lots of metal bars thought to be both gold and/or silver. Also found were various children’s toys and jewelry items made from gold or silver.
5. One large sarcophagus containing one human skeleton decorated with jewels and golden jewelry.
6. The team also found at least three doors that could be more tombs but were sealed completely shut.
As of right now, the team has only announced their findings onto a radio show and no other announcements have been made so the jury is still out as too whether their claims are completely true.
The team did claim to have samples of at least one of the metal books, one golden plate and several small statues that they will be submitting to professional testing so hopefully this will give us answers shortly.

The history of this alleged discovery and legend is haunted by shady characters, but still attracting many interests.

Legendary Metal Library Found in Tayos Cave in Ecuador
http://www.treasurenet.com/forums/inca-treasures/385845-legendary-metal-library-found-tayos-cave-ecuador.html
5. The Bosnian Pyramids  claims is not true 
https://en.m.wikipedia.org/wiki/Bosnian_pyramid_claims

In 2005 Dr. Semir Osmanagić, head of Anthropology at the American University in Bosnia-Herzegovina, travelled to the town of Visoko, northwest of Sarajevo, Bosnia. He   began excavations at the site of the hill – some 220 meters high, and claimed   that it was a full blown pyramid. But a pantheon of archaeologists disagrees,  a number of professional archaeologists from Europe considered that it is   a cruel hoax on an unsuspecting public and should have no place in the world of genuine science.
6. Kincaid' Cave in the Grand Canyon
On April 5, 1909,  an archaeological expedition in the heart of the Grand Canyon funded by the Smithsonian Institute had resulted in the discovery of Egyptian artefacts. This Egyptian Tunnel City was named Kincaids Cave for G.E. Kincaid who first entered the Cave when he was working for S. A. Jordan as a Archaeologist.
The original story goes that the team found an underground network of tunnels, various ancient artefacts, statues and even mummies.  But the story gets weirder when the Smithsonian stated that it had no Kinkaid or Jordan on record. In one enquiry from 2000, the institution replied: “ The Smithsonian’s Department of Anthropology, has searched its files without finding any mention of a Professor Jordan, Kincaid, or a lost Egyptian civilization in Arizona. ” 
The Smithsonian Institute reported on Jan 2014  that the Tunnel is presently on Cliff Wall 395 feet above the present flow of Colorado River in the Grand Canyon. Archaeologist estimate the Man Made Cavern is around 3,000 years old. The Man made Cavern is over Five Hundred feet long and has several cross Tunnels to large Chambers.
This was the lowest level and last Egyptian Tunnel City they built in the Grand Canyon. Since the time that this Egyptian Tunnel City was made, Archaeologist estimate the Colorado River has eroded another 300 feet lower.
Smithsonian Archaeologist have studied the Egyptian Hieroglyphs on the Walls to this Man made Cave and they are identical to the Hieroglyphs for some Kings in Egypt.
It was estimated that about 50,000 Egyptians had inhabited the Grand Canyon at one time. This Shrine was identified as a Shrine for Seteprene - King Akhenaten’s Son that began his Rule in Saqqara Egypt in 1336 BC but only lasted 10 Years 
Smithsonian Institution | CNY Artifact Recovery
https://cnyartifactrecovery.wordpress.com/tag/smithsonian-institution/

Thursday, 20 October 2016

Our hiking in Switzerland



Our hiking in Switzerland
In Sept.2016, we Joined Peter Look's Swiss hiking group ( with appreciation) from 30/8 to 22/9, hiking and touring around  Montreux, Interlaken, and  Grindelwald. While we only see the Canton of Vaud, Valais and Bern in the mid portion; the main group took 8 weeks to cover also Geneva, 
Chamonix to view Mont Blanc in the south/west, also Matterhorn  and  Zermatt further south to feel the  Glacier. 
We all enjoyed and appreciated the deep valleys, gorges, glaciers and mountains. 
Notes of my  hiking tour are enclosed below. 
Regards 
Bill

The Swiss turned  a vision into reality by starting  the Construction of the Jungfrau railway at 1896, 
built into the Eiger and Mönch mountains; and not completed  until 1912. We visited the Jungfrau Railway - A Pioneering Work - YouTube
https://m.youtube.com/watch?v=K7JFlTkZbfA.
The Jungfrau railway station is at 3,454 m, the highest in Europe and and is close to the summits of the Eiger, Jungfrau and . A complex of tunnels connects the railway station to the Top of Europe building, also to the summit of the Sphinx and viewing platforms, with views over the Aletsch Glacier.
Switzerland is a mountainous Central European country, home to numerous lakes, villages and the high peaks of the Alps. Its cities contain medieval quarters, with numerous landmarks , also known for its ski resorts and hiking trailsWhile the mountain peakswere once difficult to access, the Swiss makes it accessible by trains, cable cars and helicopters with splendid technology and detailing. 
Switzerland is home to the majority of the 4000m peaks in the European Alps. It is surrounded by mountains, with  24 mountains are above 4000 m, 64 above 3500 m, 208 above 3000 m. The highest of all being Mont Blanc (4807M) that lies on the French-Italian border.
Switzerland is known for many things: reliability, high quality service, hospitality, punctuality and precision. That preciseness extends to how the Swiss define their highest mountain. For a mountain to be known as Switzerland’s highest mountain the criterion used is that the mountain must be entirely within Switzerland’s borders. Monte Rosa straddles the Swiss/Italian border  and therefore is disqualified! Switzerland’s highest mountain is therefore the Dom (4,545 m ) summit, it is the third highest mountain in the Alps and the second highest  in Switzerland  and it is entirely Swiss. 

Switzerland was founded in 1291, and a population of about 8 million, with 26 cantons. Mountains are part of the identity of Switzerland. The Alps and their foothills cover 2/3 of the country, with the main range- and its 48 peaks forming Europe's watershed. The mountains have become a focus for visitors, who are drawn by the peace, fresh air, clean water, breathtaking landscapes, and the natural affinity for climbing and skiing. 

Montreux, a municipality  in the canton of Vaud in Switzerland,  the French- speaking portion of Switzerland, a population of  nearly 90,000 in the agglomeration as of  2014.   It was in the Roman road from Italy over the Simplon Pass.   Under Bernese rule (1536–1798), it belonged to the bailiwick of Chillon. The Reformation made the region around Montreux and Vevey an attractive haven for Huguenots from Italy, who brought their artisanal skills and set up workshops and businesses.  In 1798, Napoleon liberated the region from the Bernese. 
Starting in the 19th Century there were three independent municipalities, each municipality had its own taxes and a mayor. During the Thirty Years' War, Switzerland was a relative "oasis of peace and prosperity" in war-torn Europe. Switzerland's emergence as one of the most prosperous nations in Europe—the "Swiss miracle". Switzerland maintained multicultural heritage, strong sense of national identity, and long tradition of direct democracy and civil liberties. In 1930s, The Swiss press vigorously criticized the Third Reich, often infuriating German leaders. Switzerland was an important base for espionage by both sides in the conflict and often mediated communications between the Axis and Allied powers.
Switzerland's most important exports during the war were precision machine tools, watches, jewel bearings (used in bombsights), electricity, and dairy products. During World War Two, the Swiss  franc was  the only remaining major freely convertible currency in the world, and both the Allies and the Germans sold large amounts of gold to the Swiss National Bank. Between 1940 and 1945, the German Reichsbank sold 1.3 billion francs worth of gold to Swiss Banks in exchange for Swiss francs and other foreign currency.
During World War II, Germany considered invading, but never attacked. Switzerland remained independent and neutral through a combination of military deterrence, economic concessions to Germany, and good fortune as larger events during the war delayed an invasion. In 1963, Switzerland joined the Council of Europe. Switzerland's role in many United Nations and international organizations helped to mitigate the country's concern for neutrality. In 2002, Switzerland voters gave 55% of their vote in favour of the UN and joined the United Nations. This followed decades of debate and its previous rejection of membership in 1986 by a 3-1 popular vote.
Refugee issues in Switzerland is not that serious than other EU countries as it has the high mountains surrounding the boundaries which minimises the influx of refugees. 

Notes on Our Trip 2016
31 Aug - In Montreux, we take train to  Rochers de Naye  at 2042 m, site seeing then afternoon walk to Gouge du Chauderon. 
1 Sep we take train to Gstaad, in Vaud; then bus to Col du Pillon, thenchairlift to Peak Walk by Tissot - Glacier 3000.
2 Sep  8:30 take bus 201 to Chateau Chillon. Castle to 11 am. Then to Veytauxstation to St Saphorin. After lunch, vineyard walk. Afternoon visited Chaplin Musee at Vevey. 
3 Sep, take Golden Pass;  from Montreux to Kandersteg ;Stayed at Hotel Blumlisalp ; 
4 Sep - hiking at Leukerbad; ,  take  cable car  at  Sunnbüel  (1,934 m),  walk Gemmi Pass at 2270 m for 10 km; stunning views.
5 Sep. Rainy, change plan; take train to Bern, see Clocktower, city tour, Einstein place; then train to Thun to see the city. 
 6 Sep. take train from Kandersteg to Spiez, then Grindelwald; 
2 holiday apartments Monica + 4 ladies; we go by Bus 123; 11 rooms; Then We stayed in Grindelwald  (6/Sep - 13/Sep), 
7/9 - 9:47 train to Kleine Scheidegg 2061),then  Visit Jungfraujoch  (3454m) by train from Grindelwald (1034m). 
The Jungfrau Railway - A Pioneering Work - YouTube
https://m.youtube.com/watch?v=K7JFlTkZbfA
8/9 ---9.00 am train station.  Take 9.17 train  to Kleine Scheidegg station (2061) - Eigergletscher station (2320) to see Eigergletscher Glacier.  then continue walk down to Alpiglen station (1616m). Walk from Kleine Scheidegg, then walk down to Alpiglen station. 
9 Sep. take cable car to Grindelwald First(2168); Walk Cliff Walk;  then to lake Bachalpsee (2265), Lunch time; - see Oberammergau Gletscher by bus to Hotel Wetterhorn, then walk to Cable car at Pfingstegg. 
10/9 Rainy;  8.47 am to Grund, then cable car to Mannlichen (2230), to peak Tschuggen (2520) 4.4 km, then walk to  Kleine Scheidegg 2061), then take train , afternoon visit Gletscher Schlucht  Glacier Cannon - the gorge cave is located at where the glacier used to be, even continued another 500 metres 150 years ago.   https://m.youtube.com/watch?v=LPQVKs-d2lI
11/9  8.45 am  take bus no. 61 and cable car to Bussalp (1792)  then walk 15.5 km; to Grosse Scheidegg;
12/9  Interlaken Lake tour;  
13/9   9.49 am at Rail Station, To Wengen 4 days.Holiday apartment, 
14/9 8.45 am at Wengen Rail station for 9.03 am  to Lauterbrunnen, then take bus To Schilthornbahn, then take ecable car to  Burren, Then Schilthorn  Back at 12,   the Schilthorn is a 2,970 metre high summit of the Bernese Alps in Switzerland, it overlooks the valley of Lauterbrunnen in the Bernese Oberland, and is the highest mountain in the range lying north of the Sefinenfurgge Pass. Stunning touring infrastructures attracting tourists all year round, despite its emphasis of  the 1969 James Bond movie.
15/9 8.45 am at Wengen Rail station;  for 9.03 am  to Lauterbrunnen, then take bus To then Grutschalp  station; Schilthornbahn, planned to take cable car to  Murren, 6.30 pm buffet dinner together at Gary's Hotel. ( Sue missed the group; I walked to Mirren station; then Winteregg , then to Lauterbrunnen, then to Wengen, nice walk. ) 
八月十五是中秋,歐洲山川眾同游,電訉手信傳天下,足下心思份外明。
16/9  see Cattle show.  Then 1 pm. Take train to Mannlichen , then route 34, dinner 7 pm 
17/9. 10 am at station. Interlaken  City Hotel at 11.56 am. Afternoon cable car to Harder Klum.  Bus 324 & 325 
18/9   Interlaken - City Hotel Bus 105 to Wilderswil , then train  50 min. to Schynige Platte(1967);   walk along the  Alpine Garden which is a botanical garden located at an altitude of about 2,000 metres, near the summit of the Schynige Platte mountain in the Bernese Oberland region of Switzerland; enjoy the Alpine horn used by mountain dwellers in Switzerland ; 
19 Sep checkouut before 9 :45. Take train to Brienz (566) at 10:54.  to hotel then Take train to Rothorn ( 2266),  at 14.58  hr. , then cable car to Rothorn Kulm, rainy and misty; cancel hiking;  Back at 5.40 pm 
20 Sep (Tue) 9.15 am take bus to Ballengberg , Take bus 151 to museum - Swiss Open Air museum. 12.10 pm take bus; afternoon  1.25pmat Station  to Gough,  Aare Schlucht  in Meiringen , see River Aare  and waterfall; 
21/9   9.am take train then cable car to Rothorn Kulm, Sightseeing from Brienz (city tour); see Jobin Living Museum (woodcarve)
22 Sep. leaving to Madrid, Spain. 

Best Regards


Bill

Wednesday, 10 August 2016

Philippines v China in the South China Sea 2016 : some limitations of the Arbitration under UNCLOS


Dear all
Settlement  of disputes involving interpretation and application of the UNCLOS  is provided in  Part XV of the 1982 Convention. It asks State Parties to settle any disputes between them, by “peaceful means".  States are basically free to choose the procedural means to settle as in Article 287  "at any time", the parties are obliged under article 283 to “exchange views”.
I like to discuss the followings regarding to Philippine's choice :


1. Philippines choice of Arbitration  is arbitrary.
The Philippines took the view that “UNCLOS supersedes and nullifies any ‘historic rights’ that may have existed prior to the Convention”, and thus requested the Tribunal in terms of its Submissions 1 and 2 to declare that China is not entitled to claim rights “beyond those permitted” by the Convention.57 It is of the view that “the Philippines’ Submissions 3, 4, 6, and 7 reflect a dispute concerning the status of the maritime features and the source of maritime entitlements in the South China Sea”.58
China considered The South China Sea as  a contiguous zone together with the sovereignty of the Islands/ Rock, arguing that according  to international law, the entity that enjoys maritime entitlements is the State that owns maritime features, rather than the maritime features themselves.

Some precedence of disputes are noted here , the Tribunal in the 2006 arbitral award in Barbados v. Trinidad and Tobagofound that negotiations related to the delimitation of the exclusive economic zone and the continental shelf over the course of roughly 25 years that failed to result in an agreement between the States   ;  in the  maritime boundary delimitation in the Bay of Bengal between Bangladesh and India, the parties were engaged in negotiations for nearly 40 years before the matter got resolved through arbitration. Under the circumstances, one would think it is not only open but would have been appropriate for the Tribunal to have insisted that the Parties actually engage in negotiations over the proper subject matter of the dispute including the various Submissions made by the Philippines, even if it felt that there is no immediate bar for exercising its jurisdiction.42

 It is apt, in this connection, to recall the observation of the International Court of Justice in the North Sea Continental Shelf Cases (1969). In that landmark case, the Court noted that:
“the parties are under an obligation to enter into negotiations with a view to arriving at an agreement, and not merely to go through a formal process of negotiation as a sort of prior condition for the automatic application of a certain method of delimitation in the absence of agreement; they are under an obligation so to conduct themselves that the negotiations are meaningful, which will not be the case when either of them insists upon its own position without contemplating any modification of it […] 45

The  arguments of the Philippines on jurisdiction turn on two essential assumptions. One that holds that none of the 750 maritime features in the Scarborough Shoal and the Spratly features are capable of “generating an EEZ and continental shelf entitlement”, suggesting thereby that they are “rocks” and low tide elevations or other insular features not amounting to land or islands, capable of appropriation by way of assertion of “historic rights”.62 The other assumption is that Philippines is entitled to 200 mile EEZ and continental shelf and most of these features fall within its EEZ or the continental shelf which do not have any potential overlap with the true maritime entitlements of China under the same UNCLOS.  Both assumptions appears unrealistic in reality.

The South China Sea Arbitration (The Philippines v. China): Assessment of the Award on Jurisdiction and Admissibility
http://chinesejil.oxfordjournals.org/content/early/2016/06/21/chinesejil.jmw019.full


2. Tribunal has not proved  its authority on additional meaning of island / Rock under Article 121

PCA has gone through the details of the numerous reefs and has differentiated the   High and low tide feature  for the purposes of Article 121. PCA  took the maritime entitlements as a common rights of all States and not a sovereignty issue which would be correct in the public sea with no sovereignty argument.  While PCA  accepts that the travaux préparatoires of Article 121( 3) are an imperfect guide in interpreting the meaning of that Article, PCA has added meaning to rocks/ island and that is different from the ordinary meaning but have not proved its validity in law.

It is noted that what became Article 121(3) of the Convention had been a compromise of  opinions of different States, as such PCA judgement is in itself subjective to the Philippines'  request and is difficult to serve as a  precedent which is a principle or rule established for a court or other tribunal when deciding subsequent cases of the UNCLOS.

PCA' s interpretation of islands/ Rock is therefore an opinion which may not be compatible to the issues. It is then a direct interference of sovereignty and It's position not to  "first decide questions of sovereignty " would be  arbitrary and  outside its jurisdiction.

China believed that each maritime entitlement is explicitly tied to the State that it belongs to. In its provisions on territorial sea, contiguous zone, exclusive economic zone, and continental shelf, the UNCLOS explicitly grants the maritime entitlements to the “coastal State” of relevant maritime zones in question. It is meaningless to separate from State sovereignty ( paragraph  479 ).

It is further noted in 538 that  "repeated attempts during the Conference to define or categorise islands or rocks by reference to size were all rejected. These included proposals to include “size” on a list of “relevant factors”;579  proposals that made distinctions based on whether the surface area of a feature. In this respect, the representative of United Kingdom recalled that “there were large islands which were largely or completely uninhabited and small ones with dense populations which depend heavily upon the sea.”583 Representatives of small island States, such as Micronesia, Fiji, Tonga, and Western Samoa, also argued that it was inequitable to deprive features of their maritime entitlements on the basis of size.584
 PCA has imposed criteria over the feature itself sustain human habitation or economic life , such as  " possess an economic life of its own",  And in 547  "clearly excludes a dependence on external supply" would be subjective, argumentative, and depending on many different factors such as population, need and purpose of the human habitation. PCA's assessment may therefore be subjective and incomplete.
( Paragraph 453, 493) In an explanatory note to its proposal, China promised the general obligation of good faith in Article 300 of the Convention, agreed to take  into account the overall interests of the international community, and  not to  encroach upon the Area as the common heritage of mankind.

During the 15th Session of the International Seabed Authority in June 2009, China raised the issue of rocks under Article 121(3) in the context of particular continental shelf submissions and “argued that the International Seabed Authority was the right forum to discuss matter since it  had the mandate to protect the common heritage of mankind.” ( Paragraph 456)

The views of some States against special distinction of a coastal features over the provision that became Article 121(3) which took place during the Second Session of the Third UN Conference in Caracas in 1974 ;
"Some States opposed the introduction of special distinctions because they believed it was a “practical impossibility” to arrive at a workable formula.559 The representative of the United Kingdom pointed out various practical problems with distinguishing entitlements based on the size, population, or remoteness or geographical proximity of a feature in relation to the coastal or other States.560 The representative of Mexico agreed it would be “difficult, if not impossible,” to draft specific regulations to cover the “immense diversity of island situations” and therefore suggested that the “basic norm must reflect . . . that the marine space of an island must be measured in accordance with the same provisions as were applicable to other land territory. However, exceptions based on principles of equity could be accepted.”561"


 Award of Philippines v. China case by the  Permanent Court of Arbitration (PCA) at The Hague on July 12, 2016.
https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf

3. On the Status of Itu Aba, Taiping Dao [Itu Aba],

The  Tribunal has taken a passive and negative view "that significant cultivation would be difficult beyond the larger and more vegetated features of Itu Aba and Thitu".  PCA  also decided that human habitation is just temporary, even for extended periods. In this instance, PCA verdict  ( pages 251 to 254 of the Award)  is harsh  and disregard the long history of Chinese cultural and developmental activities, its decision appears to be political than factual.

In this regard, THE CHINESE (TAIWAN) SOCIETY OF INTERNATIONAL LAW  has described the current status of Taiping Island; explains why Taiping Island is an island within the meaning of Article 121(1) of the UNCLOS; And can sustain human habitation and economic life of its own. Tai Ping currently sustains the habitation of hundreds of people; has a longstanding history of human habitation;  has an abundant natural supply of fresh water; the island has existed for more than a thousand years, and is capable of supporting indigenous vegetation and agricultural crops.

On the Law of the sea on the issue of the feat... - Embassy of the Republic of China (Taiwan) in the Kingdom of Swaziland 駐史瓦濟蘭大使館
http://web.roc-taiwan.org/sz_en/post/2164.html


(c) China’s Position on the Status of Itu Aba, Taiping Dao [Itu Aba]

China and  Taiwan Authority’s statements “stressing that Taiping Dao [Itu Aba] meets the definition of island according to UNCLOS and is therefore eligible for possessing exclusive economic zone, continental shelf and other maritime rights and interests.” China’s remarks:

The Nansha Islands including Taiping Dao have been China’s territory since ancient times. Chinese people have long been living and working there continuously. China takes the Nansha Islands as a whole when claiming maritime rights and interests, and Chinese people across the Strait all have the responsibility to safeguard the property handed down from our ancestors. China is firmly against attempts of the Philippines to unilaterally deny China’s territorial sovereignty and maritime rights and interests in the South China Sea through arbitration. 510


 In paragraph 595.  A 1947 Chinese study discusses two types of soil on Itu Aba and concludes that the more rich is “lush with morning glories; the coconut and banana trees are doing well, but not many have been planted; the castor oil plant grows very well and is unusually prosperous.”635 The same study notes that “approximately 250 meters to the east of the radio station and slightly to the north, in the Barbados nut shrubs, there is a small vegetable patch of only slightly over 2 mu [1,333 square metres]; the vegetables are growing decently but there is pest damage.”636

 The Tribunal accepts the point that the capacity for such cultivation would be limited and that agriculture on Itu Aba would not suffice, on its own, to support a sizable population, as in 596.  For the Tribunal, the criterion of human habitation is not met by the temporary inhabitation of the Spratly Islands by fishermen, even for extended periods.



Saturday, 30 July 2016

A few points about the Arbitration of Philippines v. China on South China Sea

Dear All,
I  just start reading the Philippines v. China case by the  Permanent Court of Arbitration (PCA) at The Hague on July 12, 2016.   At this stage, I think the PCA's additional definition of Article121 Regime of islands  is a direct interference on sovereignty and as such would be outside its jurisdiction. However, court proceedings is still a peaceful means, fairness needs to be appreciated and exercised by all parties.

International laws intends to govern fairly the conducts of the States, its key principles are to consider traditional notions of sovereignty, consent, and positivism.
The Preamble of  the UNCLOS states " with due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans......." Article 15  also spells out the importance of historic title or other special circumstances and asks for mutual agreement of the two countries. Similar consideration are shown  on Delimitation of the exclusive economic zone in Article74,  Delimitation of the continental shelf in Article83.

I would like to make notes of the followings, to share.
1.  The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court "in the traditional sense", but rather a bureaucracy that provide services of arbitral tribunal to resolve disputes between member states, international organizations, or private parties arising out of international agreements.[2][3] The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is not a United Nations agency, but a separate organization comprising 119 member states.[4][5][6]

Permanent Court of Arbitration - Wikipedia, the free encyclopedia
https://en.m.wikipedia.org/wiki/Permanent_Court_of_Arbitration

The United Nations says it has no position regarding either legal merits or procedural merits of the case. [153][154] The UN's International Court of Justice says it has no involvement in the case either.[155]

2. CHINA REFUSES TO ACKNOWLEDGE ARBITRAL AUTHORITY
China issues a Note Verbale stating that “it does not accept the arbitration initiated by the Philippines” and therefore will not participate in the proceedings;  August 1, 2013.
Deeming the case as a political farce played in the name of law by Manila, China has repeatedly reiterated its stance of non-acceptance and non-participation, and still advocates for a settlement to the dispute through negotiations. China claimed that by mid-June, the number of countries that expressed support for China’s stance had risen to 60, and is still growing.
China considers that by filing the arbitration case, the Philippines has shut the door to negotiations for dispute settlement, and has breached the solemn pledges it once made. In the past 20 years, the Philippines reached and signed at least six statements and agreements with China on peaceful settlement of the South China Sea disputes through negotiations.
http://www.chinausfocus.com/foreign-policy/why-china-refuses-to-accept-arbitration-filed-by-the-philippines/

3. US RELEASES "LIMITS IN THE SEAS" REPORT in December 2014
The United States Department of State issues a Limits in the Seas report  on China’s Nine-Dash Line claim.
In the report, the State Department examines three different possible rationales for China’s Nine-Dash Line claim and examines the legality of each under UNCLOS and customary international law. In its examination of the legality of a historic waters claim, the report notes that numerous claimants in the South China Sea participate in activities that demonstrate that there is not an “effective” or “continuous exercise” of Chinese sovereignty in the region.

https://assets.documentcloud.org/documents/1376464/us-limits-in-the-seas-dos-no143-china-in-scs-12.pdf

4. In December 2014, The PRC’s Ministry of Foreign Affairs issues a position paper on the arbitration case. In the document, China reiterates comments made in the Note Verbale in February 2013 by outlining its arguments for why the case does not fall within the scope of UNCLOS’s compulsory dispute mechanism. The paper argues that the arbitration ultimately deals with sovereignty over disputed islands, a claim which the Philippines claims is contradicted by their initial Notification and Statement of Claim. China states that its own sovereignty over the maritime features in question has never been determined by an international body, so the Arbitral Tribunal, which is unable to rule on issues of sovereignty, cannot determine the extent of China’s maritime rights. China refuses to comment on whether or not some of the disputed features are indeed low-tide elevations, even though these features figure prominently in the Philippines’ case. China also argues that by signing the 2002 ASEAN-China Declaration of Conduct for Parties in the South China Sea, the Philippines agreed that bilateral negotiations were the only acceptable means of resolving such disputes.


5. PCA's Further definition  on Island and rock.
UNCLOS PART VIII. REGIME OF ISLAND,  Article121. Regime of islands
1. An island is a naturally formed area of land, surrounded by water, which is above water at high tide.
2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of an island are determined in accordance with the provisions of this Convention applicable to other land territory.
3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.

PCA's Interpretation of Article 121(3)

Paragraph 487, p208,
487. The Tribunal considers that the ordinary meaning of “sustain” has three components. The first is the concept of the support and provision of essentials. The second is a temporal concept: the support and provision must be over a period of time and not one-off or short-lived. The third is a qualitative concept, entailing at least a minimal “proper standard”. Thus, in connection with sustaining human habitation, to “sustain” means to provide that which is necessary to keep humans alive and healthy over a continuous period of time, according to a proper standard. In connection with an economic life, to “sustain” means to provide that which is necessary not just to commence, but also to continue, an activity over a period of time in a way that remains viable on an ongoing basis. 
489. In the Tribunal’s view, the use in Article 121(3) of the term “habitation” includes a qualitative element that is reflected particularly in the notions of settlement and residence that are inherent in that term. The mere presence of a small number of persons on a feature does not constitute permanent or habitual residence there and does not equate to habitation. Rather, the term habitation implies a non-transient presence of persons who have chosen to stay and reside on the feature in a settled manner. Human habitation would thus require all of the elements necessary to keep people alive on the feature, but would also require conditions sufficiently conducive to human life and livelihood for people to inhabit, rather than merely survive on, the feature.

6. Disputes heard. The case submitted by the Philippines to the International Tribunal on the Law of the Sea (ITLOS) concerns eight maritime features that are currently under the control of China.
The first four are low tide elevations that are completely submerged: Mischief Reef, which is 130 nm from Palawan, Kennan Reef (180 nm), Gaven Reef (205 nm) and Subi Reef (230nm). The other four are rocks or reefs that are, at most, entitled to only 12 nm. These are Scarborough shoal, 120 nm from Luzon, Johnson reef 180 (nm from Palawan), Cuarteron reef (240nm from Palawan) and Fiery Cross reef (255 nm from Palawan).

Taiping Island, the largest of the Spratly Islands in the South China Sea, has an area of 46 hectares and the Republic of China in Taiwan stations a Cost Guard garrison there. It has a dock being enlarged to berth a 3,000-ton Cost Guard cutter, an airport that accommodates C-130 cargo planes, a weather station, a park and a temple.

Scholars comments on the Role of the arbitral tribunal
* Legal scholar Anthony Carty of University of Hong Kong states in a published book that the case has been criticized and the arbitration tribinal now faces a claim which is not justiciable.[75]
* Chinese Society of International Law, explains in a published report that the Award for the case is completely erroneous. It's against the principle of international law.[5]
* Abdul G. Koroma, former judge of the International Court of Justice, states that a tribunal is not allowed to pass judgement on a territorial and boundary dispute since a tribunal doesn't have competence nor power to judge such matter.[76]
* Wu Shicun, president and senior research fellow of the National Institute for South China Sea Studies, says that China’s claims are based on historic evidence. Philippines' occupation of South China Sea islands is illegal. The arbitration is against international law, and the only way for a peaceful resolution is to respect the commitment to negotiations.[77]
* Stefan Talmon, director of the Institute of Public International Law at the University of Bonn, states that the Permanent Court of Arbitration does not have jurisdiction over territorial issues which are governed by customary international law, not UNCLOS.[78]
* Antonios Tzanakopoulos, associate professor of public international law at the University of Oxford, states in his published paper that the dispute of the case is obviously about sovereignty and maritime delimitation. Sovereignty and maritime delimitation are beyond the stipulation of the UNCLOS.[79][80]
* Tom Zwart, Professor of Law, Utrecht University, and director of the Cross-Cultural Human Rights Centre, states that the case breaks down the culture of harmony in Asia. To bring people together, tea should be offered, not a sword. In Asia, the award will be considered as the fruit of a poisonous tree. The case has so many actors and can affect many interests, justice can never be rendered, the dispute should not be handled by a judicial tribunal. The United States should be prevented from getting involved because it is not a direct stakeholder of this issue.[81][82]
* Australian international lawyers Rothwell[who?] and Stephens[who?] wrote in a published book that “[t]he Part XV dispute settlement mechanisms ... do not have jurisdiction over disputes arising under general international law”[5]
China's nine-dashed line
* Kuen-Chen Fu, dean of South China Sea Institute, Xiamen University, chief editor of China Oceans Law Review, states that in contract, a gesture like the nine-dashed line does not constitute an offer. China demarcated the u-shaped line with the help of the United States legal office in 1947. Countries including the Philippines and the United States were acknowledged the existence of the nine-dashed line. The US requested permission to visit the Spratly Islands in 1960.[21]
* Ted L. McDorman, professor at the Faculty of Law, University of Victoria, states in a published book that historic waters are not regulated under UNCLOS. The ICJ in the 1982 Tunisia/Libya case clearly stated that historic rights of waters are governed by customary international law, not UNCLOS.[84]
* John Norton Moore, director of the Center for National Security Law and the Center for Oceans Law and Policy, said that the China's nine-dash line claim is illegal and has no basis in the UNCLOS.[85] He also asserted that the nine-dashed line is not in China's interest, saying: "“If others were to do the same thing around the world, that China has done in the nine-dash line, it would be extremely harmful to the interests of China around the world.”[86]
* Wu Shicun, president and senior research fellow of the National Institute for South China Sea Studies, stated that the China's nine-dash line came almost half a century ahead of the UNCLOS, there is no reason to ask the nine-dash line to conform to a later convention. The non-retroactivity is a basic principle of international law, the existing facts of the past cannot be overwritten [clarification needed] by today's law.[87]
Claims by the Philippines
* Heydarian wrote that the country is "engaged in a crucial effort to ensure all claimant states align their claims in accordance to prevailing international legal regimes," but also noted that "the Aquino administration may have placed too much emphasis on its inherently uncertain lawfare at the expense of much-needed bilateral dialogue with its powerful neighbor, which seems determined to snub and defy the ongoing hearing at The Hague at all costs."[88]
* Zou Keyuan, Harris Professor of International Law at the Lancashire Law School of the University of Central Lancashire, United Kingdom, states in his published book that possible EEZ of the Spratly Archipelago is ignored in the Philippines' unilateral EEZ claim. Sovereignty over land territory always controls maritime jurisdiction. The Philippine argument of EEZ in the case may be an effort to muddy the juridical water and to try gain some international support for its weak sovereignty claim.[89]
* Kuan-Hsiung Wang, a professor at the Graduate Institute of Political Science, National Taiwan Normal University, has characterized the claims by the Philippines as "Dubious", opining that the Philippines is undermining efforts to resolve disputes and promote stability.[90]
* ce?]
Philippines v. China - Wikipedia, the free encyclopedia
https://en.m.wikipedia.org/wiki/Philippines_v._China

Manila made  15 submissions to PCA tribunal,  in particular whether Scarborough Shoal and low-tide areas like Mischief Reef can be considered islands. PCA tribunal set aside seven pointed claims mainly accusing Beijing of acting unlawfully. On 29 October 2015, the PCA tribunal ruled that it had the power to hear the case.
 On 19 February 2013, China officially refused to participate in the arbitration because, according to China, its 2006 declaration under article 298[6] covers the disputes brought by the Philippines and that this case concerns sovereignty, thus it deems the arbitral tribunal formed for the case has no jurisdiction over the issue.[7]
On 12 July 2016, the tribunal ruled in favor of the Philippines against China over territorial disputes in the South China Sea;[11][12] in its major ruling, the tribunal ruled that China has "no historical rights" based on the "nine-dash line" map.[11][12] China has rejected the ruling, as have Taiwan.[13][14]
The United Nations holds no position on the case, and the International Court of Justice has had no involvement.

Philippines v. China - Wikipedia, the free encyclopedia
https://en.m.wikipedia.org/wiki Philippines_v._China


UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
AGREEMENT RELATING TO THE IMPLEMENTATION OF
PART XI OF THE CONVENTION
UNCLOS and Agreement on Part XI - Preamble and frame index
http://www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm

Article15
Delimitation of the territorial sea between States
with opposite or adjacent coasts
Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured. The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith.


PART XV. SETTLEMENT OF DISPUTES
Article 298. Optional exceptions to applicability of section 2. 1.
When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following categories of disputes:
(a) (i) disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises subsequent to the entry into force of this Convention and where no agreement within a reasonable period of time is reached in negotiations between the parties, at the request of any party to the dispute, accept submission of the matter to conciliation under Annex V, section 2; and provided further that any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission;

https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf