p*e
发帖数: 6785 | 1 【 以下文字转载自 Military 讨论区 】
发信人: dnb (大牛笔), 信区: Military
标 题: 菲律宾将在美国控告中国占用毁坏南海索赔1770亿美元！
发信站: BBS 未名空间站 (Mon Jul 18 18:19:13 2016, 美东)
看好了，有人在福布斯给菲律宾“支招”， 计算中国占用和毁坏南海，可以向中国索
赔177 billion，也就是1770亿美元。
如果中国拒绝支付，菲律宾可以在中国政府拥有资产的美国等国法院起诉中国。如果官
司打赢后，法院将强制用中国在美国等国的债权直接抵扣。
这下都傻眼了吧？
China May Owe The Philippines $177 Billion In South China Sea Rent & Damages
China owes the Philippines and other countries more than $177 billion in
rent and damages for the South China Sea fiasco. The Permanent Court of
Arbitration found on Tuesday that Mischief Reef is a low-water elevation and
within Philippines’ exclusive economic zone. This gives the Philippines’
indisputable legal rights to the reef. But since 1995 when China occupied
the reef, China irreparably harmed the reef’s delicate marine ecosystem by
dredging and building an artificial island there, including a military
garrison and air-strip. By my estimate, China owes the Philippines $12.4
billion in rent and damages for Mischief Reef alone. Considering other
Chinese island-building, the country owes the Philippines and other claimant
countries more than $177 billion. If China doesn’t want to pay, the
Philippines can sue in the courts of the U.S. and other countries where
China holds property.
Here is how to calculate what China owes. In 2015, the U.S. paid $1.97
million to the Philippines for 0.58 acres of coral reef destroyed when the
USS Guardian went aground. That is a key reference point for environmental
claims. Rent is even more costly. In 1988, the Philippines demanded $1.2
billion from the U.S. in rent for 6 military bases — $200 million each per
year in 1988 dollars. The U.S. refused and got evicted.
[The view of C.H. Tung, the former First Chief Executive of the Hong Kong
Special Administrative Region, on the issue can be found here.]
By those metrics, the Philippines could sue China for about $4.6 billion of
environmental damages to Mischief Reef in 2016 dollars, plus the requirement
to pay $7.8 billion in rent. If China refuses to pay the combined $12.4
billion, the Philippines could seek redress in foreign civil courts to
attach China’s offshore assets — of which there are plenty.
But China is liable for much more. China occupied six additional features
in 1988 in the Spratleys claimed by the Philippines, plus Scarborough Shoal
in 2012.
The Philippines did not resist because they justifiably feared violence on
the part of China. In 1988, Vietnam claims that China killed 64 Vietnamese
soldiers who resisted on Johnson South Reef in the Spratley’s. China
disputes the claim, but according to historian and BBC reporter Bill Hayton,
“Strangely, a propaganda film released by the Chinese Navy in 2009 to
celebrate the navy’s 60th anniversary gives more credence to the Vietnamese
version. The video, now available on YouTube, was shot from one of the
Chinese ships and shows the Vietnamese force standing knee deep in water as
the tide rises over the reef. Huge spouts of water then erupt around the
Vietnamese troops as the Chinese ships open fire. Within seconds the thin
line of men has completely disappeared and 64 lie dead in the water: the
machine guns are Chinese and the victims Vietnamese. The Chinese won the
battle of Johnson Reef with a turkey shoot.”
China occupied six features within Philippines’ claim in 1988: Hughes Reef,
Johnson South Reef, Gaven Reef, Subi Reef, Fiery Cross Reef, and Cuarteron
Reef. China has since dredged and built on all these reefs. Based on
Philippines’ 1988 demand for rent from the U.S., each of these six features
should yield (in 2016 dollars) about $10.3 billion for 29 years of use — a
total of $62 billion.
China occupied Scarborough Shoal in 2012, but has not yet built there. There
are no known environmental damages to the shoal, but rent for five years
should be about $1.8 billion (inclusive of 2012 and 2016).
By my count, and including the $7.8 billion in rent for Mischief Reef, China
owes the Philippines about $71.6 billion in rent for occupation of all 8
China-occupied features in the Philippines’ claimed part of the South China
Sea.
In addition, the Court found that China destroyed a total of 48 square miles
in the South China Sea through illegal dredging and artificial island
building. Based on the $1.97 million paid by the U.S. to the Philippines in
2015 for the grounding of the USS Guardian, an international court could
levy a $105 billion fine on China for ecological destruction of all 48
square miles, payable to the Philippines and other claimant states.
Should China refuse to pay, the Philippines and other claimants can bring
civil suits in the U.S. and any other locations where China holds
substantial assets. The total levy on China for rent on Philippine-claimed
features, plus ecological damage to the entire South China Sea, should be
about $176.6 billion: 65% of Philippines’ annual GDP, and about 2% of China
’s GDP. That doesn’t include rent payable to other claimants, which should
also be paid.
When China vacates its artificial islands in the South China Sea and pays
this fine, plus rent to other claimants and any additional payments to the
families of those killed, most attentive citizens will consider justice to
have been done. Until then the international ruling in favor of the
Philippines, as China has said, is just a sheet of paper.
http://www.forbes.com/sites/peterlyon/2016/07/15/pokemon-go-is-still-pokemon-no-in-its-home-of-japan/#1f92dde91e1d | p*e
发帖数: 6785 | 2 给每个菲佣发辆车
Damages
【在 p*e 的大作中提到】
: 【 以下文字转载自 Military 讨论区 】
: 发信人: dnb (大牛笔), 信区: Military
: 标 题: 菲律宾将在美国控告中国占用毁坏南海索赔1770亿美元！
: 发信站: BBS 未名空间站 (Mon Jul 18 18:19:13 2016, 美东)
: 看好了，有人在福布斯给菲律宾“支招”， 计算中国占用和毁坏南海，可以向中国索
: 赔177 billion，也就是1770亿美元。
: 如果中国拒绝支付，菲律宾可以在中国政府拥有资产的美国等国法院起诉中国。如果官
: 司打赢后，法院将强制用中国在美国等国的债权直接抵扣。
: 这下都傻眼了吧？
: China May Owe The Philippines $177 Billion In South China Sea Rent & Damages
|
|
