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Notification about PCA Case number 2013-19
Notification about “The Republic of Philippines v. The People's Republic of China”

Published on 6 May 2016
The Re-establishing government of Japan Empire

To Respected Judges: Judge Thomas A. Mensah of Ghana, Judge Jean-Pierre Cot of France, Judge Stanislaw Pawlak of Poland, Professor Alfred Soons of the Netherlands, and Judge Rüdiger Wolfrum of Germany.

This is the Government of Japanese Empire and named the Re-establishing government of Japan Empire speaking.

The Government was formed by UN NGO RCJE (Rescue Committee for the people of Japan Empire) on World Day of Social Justice of 2014, with declaration of respecting, accepting and complying with all Geneva Conventions (1949) and their three additional protocols.
(http://www.regovje.org/index.php/en/profile/re-establishing-government )

The Government in all territories subjects to the Jurisdiction of International Court of Justice(ICJ), Permanent Court of Arbitration(PCA) and International Criminal Court(ICC).

The Government brings forward this notification about Case “The Republic of Philippines v. The People's Republic of China” (PCA Case number 2013-19).

Notification
The argued areas in PCA Case number 2013-13 belong to the Japanese Empire.
Japanese Empire’s Spratly Islands and Paracel Islands are fully entitled to Territorial Sea, Exclusive Economic Zone (EEZ) and Continental Shelf.
All the things that Japan (MacArthur Constitution) renounced belong to Japanese Empire.


Details
1.    Spratly Islands and Paracel Islands are listed in “TREATY OF PEACE WITH JAPAN” which is also named “San Francisco Peace Treaty (hereinafter referred to SFTP).”
SFPT Article 2 f. states “Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.”
SFPT Article 25 states “Subject to the provisions of Article 21, the present Treaty shall not confer any rights, titles or benefits on any State which is not an Allied Power as herein defined; nor shall any right, title or interest of Japan be deemed to be diminished or prejudiced by any provision of the Treaty in favor of a State which is not an Allied Power as so defined.”
SFPT Article 21 states “Notwithstanding the provisions of Article 25 of the present Treaty, China shall be entitled to the benefits of Articles 10 and 14 a. 2.; and Korea to the benefits of Articles 2, 4, 9 and 12 of the present Treaty.”

China didn’t sign SFPT neither one of the Allied Powers. China can only be entitled to the benefits of Articles 10 and 14 a. 2., and not like Korea be entitled to the benefits of Articles 2.

Obviously, China cannot be entitled to the benefits of Spratly Islands and Paracel Islands.


2.    SFTP 1 b. states “The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.”
This Article defined that Japan which signed SFPT is not the Japan (Japanese Empire) surrendered to Allied Powers but the Japan who was independent on 3 May 1947 with MacArthur Constitution under military occupying.
“Transferring sovereignty under military occupying” violated Laws of War. This is maybe another topic about USA’s aggression of war crimes. The government has brought forward the denouncement against illegal MacArthur Constitution in the document”平成27年 天長節 感恩文告” or in English “proclamations on forever god celebration 2015” dated on 20 December 2015. (http://www.regovje.org/files/20151223S.pdf in Chinese)

The Charter of the United Nations Article 2 paragraph 4 states “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”.

According to The Charter of the United Nations, the Japanese Empire surrendered on 2 September 1945 shall still keep her territorial integrity or political independence.

Peace Treaty is Only for Peace but not for transferring sovereignty of territories,
SFPT Article 2 helped the Japan (MacArthur Constitution) to distinguish her executive power, legislative power and jurisdiction from Japanese Empire (Meiji Constitution).
(See “Jurisdiction over Formosa and Pescadores” http://www.rcje.org/files/Jurisdiction_over_Formosa_and_Pescadores.pdf  in English / Chinese )

All the things that Japan (MacArthur Constitution) renounced in SFPT belong to Japanese Empire.


Conclusion
The Charter of the United Nations Article 2 paragraph 4 states “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”

The Japanese Empire shall still keep her territorial integrity or political independence.

SFPT Article 2 helped The Japan (MacArthur Constitution) to distinguish her executive power, legislative power and jurisdiction from Japanese Empire (Meiji Constitution).

All the things that Japan (MacArthur Constitution) renounced in SFPT belong to Japanese Empire.


Yours sincerely,

Selig S.N. Tsai 蔡  世能
(Sec.) Prime Minister
Re-establishing government of Japan Empire

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