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China criticizes Japan's move to seek compensation over 2010 ship collision

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What is the statute of limitation on such lawsuits brought forth by Japan?

Why does it take 4 years to accrue the general damages and possible loss of use on such coast guard vessel?

Why didn't then Japan's legal system file such complaint against the fishing boat captain and wait until now?

If there is no reasonable answer provided by Japan on the aforementioned question, then I have to ponder if this legal action is politically motivated to try to raise tension between China and Japan.

And if my assertion is correct, then instead of trying to mitigate the damage, Japan fanned the wind to the smoke. Its a silly move. A childish one at this point in time. Japan should've filed this lawsuit back in 2010 or 2011 or even early 2012. 4 years is a long time being dormant. What the heck were you waiting for?

-4 ( +8 / -13 )

Kids! Put your toys away and go to your rooms!!

3 ( +10 / -7 )

China and Japan had a semi-secret deal that they would both shut up about the issues concerning the Senkaku islands in the 60s. But now the Abe administration is ignoring that and trying to provoke China.

-12 ( +8 / -20 )

Eiji TakanoFeb. 13, 2014 - 03:15PM JST

China and Japan had a semi-secret deal that they would both shut up about the issues concerning the Senkaku islands in the 60s.

This is a news. Chinese Communist Party insists that there was an "undiscussed agreement" in 1972 between Chinese Premier Zhou and Japanese PM Tanaka that the Senkakus be kept as is. I have no idea how people can reach agreement without discussing, though. What is the "semi-secret deal" in 1960s that is completely new to me?

3 ( +12 / -9 )

Really, CH3CHO, you're nitpicking over whether it was in the 60s or the 70s? And there was an agreement, that's why nobody cared about the Senkaku islands until recently. There have always been Chinese sailors who would sail to the Senkaku islands, but they were always quietly returned to China without making a fuss.

-9 ( +4 / -13 )

Eiji Takano and CH3CHO, please do not address each other any further on this thread since all you are doing is bickering.

Highball. Yep it is one more punch in the political boxing game. Id call it an irritating left jab with no other purpose than to irritate and put a little political pressure on the Chinese. China is responding with wild swings but seem to have a hard time hitting the opponent. Yep Abe is showing whose boss in political trashing. Of course by getting involved Abe takes a risk of loosing the image of japan as the country with a peaceful and cool mind. I guess a chance to change the constitution may be worth it for Abe.

9 ( +9 / -0 )

They were mostly fishermen and activists, whatever.

In 1996 the Hong Kong based activist David Chan Yuk-cheung drowned while attempting to swim to one of the Senkaku islands. Since 2006, vessels from China, Taiwan, and Hong Kong have entered waters that Japan claims as part of its exclusive economic zone connected with the islands on a number of occasions. In some cases, the incursions have been carried out by Chinese and Taiwanese protesters, such as in 2006 when a group of activists from the Action Committee for Defending the Diaoyu Islands approached the islands; the group was stopped by the Japanese Coast Guard prior to landing.[112] In June 2008 activists from Taiwan, accompanied by Chinese Coast Guard vessels, approached within 0.4 nautical miles (740 m) of the main island, from which position they circumnavigated the island in an assertion of sovereignty of the islands.

http://en.wikipedia.org/wiki/Senkaku_Islands_dispute#Protests

Nobody cared about those incidents then.

-6 ( +1 / -7 )

The acts and repulsion by China antagonizes the whole global community. Are they stinko?

8 ( +10 / -2 )

Japan is more and more coming off as the instigator

-11 ( +5 / -16 )

I agree with you Sentiments. Using a civil lawsuit is clever. But it doesn't inflict any real damage, not even a scratch. I would relegate it to Nuisance value which when accrued in volume can inflict some minor damages.

Abe is basically trying to peel away a string at a time against this big gigantic Red Onion. While at the same time, Abe and Japan is suffering the sting and pungent aroma from this Onion and causing the rest of the people standing around this Onion to suffer as well. Its like he's firing a left jab as you say while being countered by a right hook by a stone cold puncher. The puncher can miss wildly but all he needs is that big one to land and its all over.

I too support the change in article 9. Its an inevitable change but its not going to pass. Too much baggage and social sensitivity surrounding the possibility of a militaristic revival. Pushing hard for this can rally some sentiment that might worry even the LDP. I think deep down among the LDP, its a 60/40 split. But its a good topic to be raised as precedent for future considerations.

-2 ( +3 / -5 )

@ CH3CHO The shelving of the Senkaku dispute between China and Japan should not be news, it was agreed when the two countries reestablished diplomatic ties in the 1972 and former chief Cabinet Secretary, Hiromu Nonaka, who was personally present at the discussions has testified this fact. http://www.japantimes.co.jp/news/2013/06/05/national/japan-china-agreed-to-shelve-senkaku-row-in-1970s-nonaka-says-in-beijing/#.Uvx4n_aJr44

1 ( +3 / -2 )

I think that Abe's stance is incredibly stupid. Japan has the de facto claim towards the Senkaku islands. China is fine with that, as long as Japan keeps it quiet. But Abe is making that claim seem incredibly weak by making it a big deal. China can't back down because that would make their party seem weak to their own people.

What Abe is doing is not good for Japan.

-10 ( +2 / -12 )

Hellokitty123Feb. 13, 2014 - 04:52PM JST

@ CH3CHO The shelving of the Senkaku dispute between China and Japan should not be news it was agreed when the two countries reestablished diplomatic ties in the 1972

What was news was, if true, the comment that it was in 1960s when Okinawa was under US occupation.

Yet, I still do not buy the story that 2 countries agreed on Senkakus in 1972, because it is clearly recorded that China declined to talk about Senkakus. You cannot agree without talking about it.

6 ( +10 / -4 )

Japanese media cited Transport and Construction Minister Akihiro Ota as saying the government would sue for compensation of 14.29 million yen in the Naha district court on Okinawa.

The Chinese don't really care about the rule of law. They blew off ITLOS and the Philippines. They were also a no show at the Spanish court that charged them with genocide in Tibet. The Chinese will ignore any judgment that the Okinawan court hands down as well. They invaded Tibet and East Turkestan and continue to occupy them illegally. Seriously, what would the rule of law mean to a country like that? Answer: Nothing.

8 ( +10 / -1 )

Seeking compensation through civil law suit is a peaceful way of solving problems. China got upset, because "rule of law" is something incompatible to Chinese values of "rule of power". I would like to see the case solved peacefully though a law suit. That would set a good precedent for friendly relationship of the 2 countries.

5 ( +10 / -5 )

The trawler's captain has gone foreverer! Where to send that 14.29million yen bill?

4 ( +4 / -0 )

Japan, why do you always take the low road???

-4 ( +5 / -9 )

“The boat-ramming incident in 2010 in waters near the Diaoyu islands was a serious invasion of China’s territorial sovereignty by Japan, which damaged Chinese fishermen’s legitimate rights,” Hua told a daily news briefing. “Japan’s detention of Chinese fishermen and fishing boats, its investigation and any judicial measures are illegal and invalid,” Hua added.

Such a shame that the rest of the world doesn't see these as your waters though.

6 ( +7 / -1 )

The incident sparked a nationalist frenzy in both countries and put a severe strain on diplomatic ties.

Wait a second, so the Japanese were rioting at the behest of the Japanese government also? I didn't see anything like what was coming out of Communist China.

If I was sleeping during the protests in Tokyo will someone please point out when they happened?

The only nationalistic frenzy that I saw or read about came out of Communist China.

Hey, whatever happened to the 1000 ship flotilla that Communist China sent to the Senkaku Islands?

It's been a few years since Communist China's propaganda machine said they had launched, I think they got lost on the way there.

12 ( +15 / -2 )

The incident sparked a nationalist frenzy in both countries and put a severe strain on diplomatic ties.

Rubbish. The way this reads it implies that the frenzy was equal in intensity in both countries. That's rubbish. The black van nutters marched and made a noise but the Chinese protesters as we all know were extremely violent, even breaking the back of a (Chinese) driver who happened to be at the wheel of a Toyota. And remember the Audi dealership with the banner that all Japanese must die?

An Audi dealer for goodness' sake! That's how sick it gets.

http://img.gawkerassets.com/img/17zhxbf0n0w2hjpg/ku-xlarge.jpg

5 ( +7 / -1 )

Watch the video, the Chinese ship clearly rammed the Japanese vessel. Angle of attack all on video , regardless of who says who on who's waters the Chinese vessel put lives at risk.

8 ( +10 / -2 )

Never argue with a hooligan and a thug. They only know and recognize fists. When the time comes to teach them a lesson do it swiftly and punch really hard; something they will regret and never forget.

0 ( +0 / -0 )

The 2010 incident was caused by the Chinese Government. All Chinese trawlers that enter Senkaku waters d so on the orders of the Eat China Sea Fisheries Research Institute, a government organization which while claiming to only be interested in accumulating "fisheries data" through realtime communications, is considered part of China's maritime territorial expansion program by Western intelligence. No Chinese fishing boasts go to the Senkakus without orders from the Chinese government. China exposed some of this in articles where they threatened to send 1000s of fishing boats there. Anyone who has seen the full 6 part video of the ramming knows that the Chinese trawler actually chased the JCG vessels and struck them, twice no less. Japan should never have returned the captain without prosecution but the DPJ administration at the time was unaware of the change in China's belligerence level, and thought appeasement would put the matter to rest as usual. China of course treated thins drunk captain, who would have been prosecuted by his own country anywhere else, as a "hero". Japan should just go ahead and suit China for the damages, win by default and lien any Chinese government assets to cover the amount. Time to show China how "civilized" countries behave.

5 ( +8 / -3 )

Japan is just going through procedures of rule of law. China shouldn't take this personally.

4 ( +7 / -3 )

An inexecutable lawsuit could do nothing but hurt the authority of the Law.

-4 ( +2 / -6 )

Wow, China and Japan's relationship is like that of two people who've been married for farrrr too long. China is just looking for reasons to be at Japan's throat!

2 ( +3 / -1 )

It seems like they're overcompensating for the meek response by the Kan Administration at the time of the incident.

2 ( +3 / -1 )

Once again we see that in China facts don't matter. A fishing boat rammed a Japanese coast guard ship and now they demand that they get compensated? China is lucky that Japan let the fishermen go. They should start to keep them as exchange for Japanese CEOs who are arrested for made up charges while doing business in China. China is acting the bully and the world knows this to be so. China is wrong on the Senkaku, wrong on the south china sea, and wrong for Tibet. China needs to apologize to the world.

2 ( +5 / -2 )

Agreed that in China the facts don't much matter but I don't see how seeking compensation for this is going to help with the larger issue of China pushing the neighbors around. So the court in Naha will award compensation; so what? Does anybody think China will pay up? It becomes a moot point. Plus there's nothing gained by this, unless haveing Hua look like an idiot spouting drivel is a victory.

It would be better if Abe were visiting the Philippines and Viet Nam and working on a mutual position to counter Chinese aggression.

1 ( +2 / -1 )

yosunFeb. 13, 2014 - 11:44PM JST An inexecutable lawsuit could do nothing but hurt the authority of the Law.

There's no such thing as an inexecutable lawsuit. There are unenforceable judgments. .

6 ( +7 / -1 )

It's probably debatable who was at fault for the collision, especially since the Chinese was only a finishing ship and the Japanese officials then also boarded the ship. Asking the Chinese to pay for collision damage seems rather petty, and probably only serves to make the Chinese feel angry, with no real benefit to Japan.

-6 ( +2 / -8 )

Chinese Foreign Ministry spokeswoman Hua Chunying said Wednesday that the islands belonged to China, and it was Japan that should be providing compensation.

Care to get ICJ to back up that baseless claim China? Seeing as how you're so confident and all, I should imagine that you'll take the case up with ICJ tomorrow. Oh, but you won't. You refuse to acknowledge the authority of ICJ, thereby impeding this case. The Senkakus are Japanese. They can back up that claim, China can't.

“The boat-ramming incident in 2010 in waters near the Diaoyu islands was a serious invasion of China’s territorial sovereignty by Japan, which damaged Chinese fishermen’s legitimate rights,” Hua told a daily news briefing.

China's imaginary sovereignty you mean? Back up the claim or back off. Prove me wrong and I'll apologize.

“Japan’s detention of Chinese fishermen and fishing boats, its investigation and any judicial measures are illegal and invalid,” Hua added.

Ramming a Cost Guard vessel of any country is a criminal offense. Therefore, there was nothing illegal or invalid about the trawler Captain's detention. Time to go to Law School Hua Chunying.

“We demand that Japan compensates, and apologizes to, China for this incident. We urge Japan to cease its provocations and admit to, and correct, its errors.”

I demand that China shuts up, stops provoking Japan, stops making up lies, stops breaking international law, stops escalating tensions, admits to its own wrong doings, and starts to actively build ties with Japan, instead of severing them. Take the Senkaku debate to ICJ and accept the inevitable defeat. Stop the militarism, stop the expansionism, and stop brainwashing. Japan has no errors to correct in this matter. China is entirely at fault.

7 ( +8 / -1 )

China is acting the bully and the world knows this to be so. China is wrong on the Senkaku, wrong on the south china sea, and wrong for Tibet.

That's just a start. Then there is India, Vietnam, et.al. Even the US (though the idiot pilot involved in that one paid with his life). But to be fair, I think you need to do a full replace of 'China' with 'CCP' - that's much closer to the real situation. All this crazy stuff is an effort to distract their own people from the massive socio-economic-environment problems they have.

It's probably debatable who was at fault for the collision, especially since the Chinese

Only for those who refuse to view the 'replay'.

5 ( +5 / -0 )

What a load of crap. neither the Chinese or the Japanese politicians really care about this conflict. They just want to look tough for their nationalist audience at home. This is all just posturing. It would serve both nations to stop the pretense and start cooperating constructively.

-7 ( +1 / -8 )

I'm not sure anyone here saw the picture of the incident. Two Japanese coast guard ships Sandwiched the fishing boat. Somehow the fishing boat is responsible for it.

-6 ( +2 / -8 )

TrulyChineseFeb. 14, 2014 - 10:03AM JST I'm not sure anyone here saw the picture of the incident. Two Japanese coast guard ships Sandwiched the fishing >boat. Somehow the fishing boat is responsible for it.

There are 6 videos, In two of them the Chinese trawler chases after the JCG vessel and in both cases rams them in the aft quarter of the hull. Either you never saw the videos or you are simply denying realty to support the Chinese dictatorship.

-1 ( +3 / -4 )

Japan needed to do this because this aggressive unlawful action occurred in a Japan territory with the hard evidence with video tapes. Otherwise, it would have been the same as saying to the world the area were not governed by Japan.

2 ( +4 / -2 )

ChamkunFeb. 15, 2014 - 06:28AM JST Japan needed to do this because this aggressive unlawful action occurred in a Japan territory with the hard evidence with video tapes. Otherwise, it would have been the same as saying to the world the area were not governed by Japan.

Why did JCG captured the Chinese fishing boat? 1997 fisheries agreement allows both sides' fishermen to operate free of regulation around the islands. So it's not clear why the Japanese coast guard needed to stop the Chinese boat. The Japan-China fisheries agreement, which was concluded in 1997 and took effect in 2000. However, the agreement made no decision about regulating operations in the area of the sea around the Senkaku Islands. The 1997 Japan-China fisheries agreement, concerning the Senkaku Islands and vicinity, within the provisional area, the fishing boats of either country can operate without permission from the other and either country has regulatory rights only over its own fishing boats.

-2 ( +0 / -2 )

Why did JCG captured the Chinese fishing boat?

Because it rammed a Coast Guard vessel. That's a criminal offense. That is why the trawler was captured. There is no dispute over the right to fish. The dispute is that a Chinese trawler rammed a Japanese Coast Guard vessel. That is what Japan wants compensation for, but China is denying the felony as such, and dragging the Senkaku issue into the matter as though that has anything to do with it.

3 ( +3 / -0 )

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