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Monday, July 4, 2016

China, next global hub for higher education

With its varsities gaining better rankings, the most populous nation is set to become the world’s leading learning destination.



HIGHER education in China can perhaps be traced to the establishment of a Taixue (the Imperial Academy) in the capital city of China during the Western Han Dynasty (206BC to 9AD).

Before this there were no formal organised institutions of higher learning. Only private education was available. Thus taixue became the highest educational institution in imperial China.

The earliest taixue education was based on legalist and Confucian ideals and philosophies, but later it evolved into one that was mainly Confucian-based when Emperor Wu (141BC to 87BC) decided to adopt Confucianism as the state doctrine. Imperial University was the first Confucian-based institution established in 124BC.

The taixue system later evolved into what was known as Gouzijian (Directorate of Education or National Central Institute of Learning). This occurred during the Western Jin Period (265 to 316).

Under the gouzijian system, higher education was stratified and segmented.

The system of admission and enrolment of students to these different levels and segments was based on social standing.

This traditional system of higher education was in place for the next 2,000 years before it underwent structural reforms into “modern universities” that we know of today.

In the late 19th century, several traditional institutions of higher learning sought permission from the Emperor to “modernise”.

However, Peking University is generally regarded as the first “modern university” in the country.

This was in 1898 and the term daxue for such institutions was adopted.

The university was first known as the Imperial Univer-sity of Peking before it became the present Peking University.

The reformation came about when events that took place in China in the mid-1800s opened up the country to the rest of the world.

Varsities closed

Even so, these new centres of learning experienced a period of great turmoil during China’s Cultural Revolution of 1966 to 1969.

In the early months of the revolution, schools and universities were closed.

Though the revolution was officially over by 1969, its activities however continued until 1971 and most universities did not reopen until 1972.

From the 1980s onwards, higher education in China underwent further reforms.

In 1995, Project 211 was initiated to raise research standards of about 100 universities by the 21st Century, hence the term Project 211.

Project 985 launched in May 1998 by President Jiang Zemin, initially targeted 10 universities. They were given the necessary support to make them all world-class institutions. The number of such universities has now gone up to 39.

The project has also resulted in the creation of what is known as the C9 League of universities. The aim is to create a league that is equivalent to the Ivy League of the United States.

The C9 universities are Fudan University, Harbin Institute of Technology, Nanjing University, Beijing University, Shanghai Jiao Tong University, Tsinghua University, University of Science and Technology of China, Xi’an Jiaotong University and Zhejiang University.

China spends about 4% of her GDP on education and currently spends about US$250bil (RM1.03tril) a year on human capital development.

There are about 2,900 universities and colleges in China with a total enrolment of some 37 million students. Close to 380,000 international students from 203 countries studied in China in 2014.

The bulk of them were from South Korea, the US, Thailand, Russia, Vietnam, India, Indonesia, France and Pakistan.

Currently only about 10% of foreign students receive Chinese government scholarships and the rest are mainly self-funded.

However this is expected to change as China aims to attract 500,000 international students by 2020 and providing more scholarships is a way to support the target.

The 2016 Higher Education System Strength Rankings (by Quacquarelli Symonds - QS), placed China at eighth worldwide with China’s strongest score being in the economy metric.

The eighth place ranking is the highest for Asia with South Korea and Japan placed at the ninth and 10th position respectively.

The first seven places were taken by the US, UK, Germany, Australia, Canada, France and the Netherlands respectively. Malaysia is placed 27th, behind Taiwan, Hong Kong and Singapore.

This ranking is an assessment of the overall education system strength and flagship university performance, alongside factors relating to access and funding.

Also, according to the QS World University Rankings of 2015/16, of the world’s top 800 universities, four of the top 100 are in China.

They are Tsinghua University (ranked 25), Peking University (ranked 41), Fudan University (ranked 51) and Shanghai Jiao Tong University (ranked 70) with Tsinghua being third in Asia after the National University of Singapore and the Nanyang Technological University of Singapore (ranked 12th and 13th respectively).

Tsinghua is even ahead of universities in South Korea, Japan, Hong Kong and Taiwan. Xiamen University, placed 17th in China, fell in the 401-410 band.

For Malaysian public universities, Universiti Malaya (UM) is placed 146 while Universiti Sains Malaysia (USM) is ranked 289. Universiti Teknologi Malaysia (UTM) is at 303 while Universiti Kebangsaan Malaysia, 312 and Universiti Putra Malaysia, 331. None of Malaysia’s private universities appeared in the list.

According to the Times Higher Education World University Rankings of 2015-2016, two universities in China made it to the world’s top 100 out of the 800 listed.

The two were Peking University (ranked 42) and Tsinghua University (ranked 47), with Peking being ahead of universities in Japan, Hong Kong and South Korea.

Tsinghua was ahead of even the best in South Korea.

The best Malaysian university listed was UTM, placed in the number 401-500 band, similar to that of Xiamen University which has a branch campus in Sepang, Selangor.

Most of the British universities with branch campuses in Malaysia are within the world’s top 200.

Research performance

The Academic Ranking of World Universities (ARWU), also known as the Shanghai Jiao Tong World University Ranking, ranked 500 universities worldwide based mainly on their research performance.

For 2015, four universities in Japan did better than those in China.

The top university in Japan was the University of Tokyo (ranked 21) while the top four in China, according to alphabetical order, were Peking University, Shanghai Jiao Tong, Tsinghua and Zhejiang University. They were placed in the number 101-150 band.

Malaysia’s top university, according to ARWU, was UM, placed in the number 301-400 band, while USM, the next best, was placed in the number 401-500 band. Xiamen University was placed in the same band as UM.

In a span of about 120 years, from having only one “modern” university, there are now about 2,900 universities and colleges in China. Several are world-class and are ready to compete with the best in the US and the UK.

Within the next decade, two universities in China may be ranked among the world’s top 10.

To achieve this, the government is going to great lengths to attract leading scholars, especially overseas Chinese scholars, to take up academic appointments at its leading universities.

Many universities in China are not only focusing on developing technologies that are competitive, but are doing so in areas like business education. Improvements have been by leaps and bounds.

Under such a scenario, what effects would the above have on world higher education in general and the trend of higher education pursuits by the global Chinese diaspora in particular?

It is an open secret that China encourages successful overseas Chinese to return to China to help in its development.

Even though the country is now the world’s second largest economy, there are still many spheres that need to be developed before China can claim to be at par with developed nations of the West.

One strategy would be to attract the best foreign students to study in China.

Upon graduation, these students can then be enticed to stay on to help develop the country.

Even if the graduates decide to return to their home country, their positive experiences while in China and the local Chinese network of friendship (guanxi) that the students have established are assets that will to some extent, influence their home countriesfavourably in their dealings with China.

Having foreign students on campus also has the added benefit of excha-nge and enrichment of experiences and ideas between local students and those from different parts of the world.

Such a strategy is not new as it has been practised by countries of the West even though these countries have their own bright students.

That is one reason why the West is now so strong and advanced, especially in the area of science and technology.

This approach of attracting the best foreign students can only be successful if an excellent system of higher education is in place, and China is doing just that.

As a start, China is also increasing the number of scholarships for foreign students.

For example during the 18th ASEAN-China Summit held in Kuala Lumpur last November, China’s Premier Li Keqiang made a commitment that China will increase the number of government scholarships for Asean countries by a thousand over the next three years.  

Incentives

On a global scale such efforts may not seem much, but China might introduce innovative incentives to attract the best foreign students to its shores.

The country might just be waiting for the right moment to do so.

Like all other projects launched, once a decision is made and the time is right, China would go all out to implement the idea in a big way.

The soft power strategy outlined above, if introduced, would have a greater impact in countries with a large overseas Chinese population - especially in countries where these students are marginalised with limited access to higher education.

Together there are close to 27 million overseas Chinese living in the Asean region. This is about half the total number of overseas Chinese worldwide.

China may have the edge over the West in attracting these overseas Chinese students as many of these students would be familiar with China’s culture and language.

However it must also be highlighted that presently in China, some university courses are already being taught in English.

From the economic perspective, the cost of higher education in China is relatively cheap compared to those in the West.

Depending on the programme of study, the location of the institution, the type of accommodation sought, and the food consumed, the cost can be as low as US$4,000 (RM16,000) per year.

However it can also be at US$10,000 (RM40,000) per year, making it less affordable to those from poorer nations.

Nonetheless, even now, , studying in China is already a good option.

Doing so not only allows one to receive a world-class education at an affordable cost, it also provides the opportunity for one to establish vast professional and business networks.

These networks are certainly beneficial in a world that has predicted that China would be the largest global economy and a superpower in the not too distant future.

By Dr Lim Koon Ong

The writer is a former Universiti Sains Malaysia deputy vice-chancellor, and is presently an emeritus professor there.

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Sunday, July 3, 2016

Critical time for DAP leader, Penang Chief Minister Lim Guan Eng



There has been widespread sympathy for Penang Chief Minister Lim Guan Eng but he is under pressure to walk the talk and take leave while he clears his name in court.


IT was almost 7pm but the sky was still bright when a convoy of cars emerged from the underground car park of Komtar, Penang.

The only hint that this was no ordinary caravan of vehicles was the flashing lights and siren from an accompanying police car.

The moment had finally come after weeks of speculation. Penang Chief Minister Lim Guan Eng had been arrested and was being escorted to the MACC headquarters to be charged in court the next morning.

It has been a spectacular fall from grace for the DAP leader who rose to power on an awesome wave of popular support and who is known as “Tokong” among the Penang people.

Lim has claimed trial to two charges, one of which pertains to using his position to benefit his wife Betty Chew and himself in the rezoning of a piece of land belonging to a private company known as Magnificent Emblem in 2014.

Another charge is related to his purchase of a bungalow from businesswoman Phang Li Koon a year later at below market value.

Phang, a mysterious figure until thrust into the media spotlight, was charged with abetment in the property transaction.

Gossip and speculation about the nature of the charges have been brewing among the cafe society but everything should be clearer when hearing begins towards the end of the year.

Lim is not the first political head of state to have waded into troubled waters.

Former Selangor mentri besar Dr Mohd Khir Toyo is now on parole after spending six months in jail for purchasing an under-valued “Balinese palace” from a company that had business links with the state government.

Another former Selangor mentri besar, Tan Sri Muhammad Muhammad Taib, also lost his job following the Australian Gold Coast affair that saw him charged with possessing undeclared foreign currency.

The late Datuk Seri Harun Idris was forced by Umno to resign in the 1970s after he was charged for corruption.

Lim is also not the first to resist taking a leave of absence after being charged in court.

Former Sabah chief minister Tan Sri Joseph Pairin Kitingan clung on after being charged for corruption. He was eventually found guilty but his penalty was not great enough to cost him his seat.

But Pairin’s time was old politics and this is supposed to be the era of new politics.

The DAP central executive committee has given Lim a ringing endorsement to stay on in his job on grounds that “there is no question of conflict of interest as Lim has no influence or control over the prosecution”.

It is only expected of DAP to stand by their top leader because if the top man falls, the party will become shaky.

But it also means that DAP is unable to walk the talk. The party is famous for asking others to step down over issues big and small but is unable to live up to the same principle when it involves one of their own. It will be hard for the party to judge others from now on.

It has put DAP figures like their Selangor chairman Tony Pua in an awkward situation. Shortly after the bungalow issue erupted, Pua had said there was no need for Lim to go on leave unless charges were brought against him.

He was quoted in a pro-Pakatan Harapan news portal as saying: “When charged, then (the person) should take time off.”

But legally speaking, the Chief Minister does not need to go on leave even with these kind of charges hanging over his head.

According to a Selangor judicial figure, forcing him out would be pre-judging him.

“He can still chair meetings, make decisions over land and development and sign documents. He can even go on with that tunnel thing.

“But having said that, a politician’s life is not only about legalities but also perception. He is representing a party that lectures others what to do. Can they still do that?” said the judicial figure.

Moreover, the Chief Minister’s focus, said the judicial figure, will now be divided between his case and running the state. There will be complications as the court case drags on.

Lim may not have influence or control over the prosecution but as the Chief Minister, he has control over the civil servants who may be called to testify in his case.

It will be awkward for potential witnesses who are his subordinates because not many people would be comfortable going to court to testify against their boss.

His presence would also bring uncertainty to the state and investors do not like uncertainty.

Still, it is his call and he has the full support of his party including that of party doyen Dr Chen Man Hin whose reputation is impeccable.

The charges against Lim are quite serious and it is only natural that he is doing what it takes to defend himself. Being Chief Minister will give him that much needed clout and back-up to face the complications ahead.

Besides, there is talk of new charges in the works related to the Taman Manggis land and also involving a company with links to “Miss Phang”, as she is known.

But there is also another side to the story why DAP is reluctant to have an acting Chief Minister take over from Lim.

Lim’s deputies are Deputy Chief Minister I Datuk Rashid Hasnon from PKR and Deputy Chief Minister II Dr P. Ramasamy from DAP.

Either one of them could act in Lim’s place if he goes on leave. But the sentiment in this Chinese-dominated party is that senior state executive council member Chow Kon Yeow should be the acting Chief Minister.

DAP would look terrible if Chow leap-frogs over the two deputies. It would only reinforce the perception that DAP is a Chinese chauvinist party.

However, if either Rashid or Dr Ramasamy takes over, the party’s right-wing Chinese base would be badly affected. Caught between the devil and the deep blue sea, DAP probably thought it would be better for Lim to remain at the top.

DAP leaders have slammed the charges as baseless and an attempt to topple a democratically elected leader. It is quite clear they intend to approach this as a political trial and to win over the court of public opinion.

A lot of Lim’s time will be spent convincing the public that he is innocent and a victim. Events like “Walk with Guan Eng” and “Session with the People” have been planned for today.

His supporters have tried to liken his dilemma to what Datuk Seri Anwar Ibrahim went through in 1998. It is not the best of comparisons given that Anwar was able to galvanise a whole generation of young Malays who flooded the streets in anger.

What DAP may have failed to take note of was that many Chinese intelligentsia have been wary of Lim’s leadership since the Mercedes-Benz episode. Lim had opted for a Mercedes S300L as his official car a mere three months after the state purchased a new fleet of Toyota Camry for the state leaders.

This was evident in comments by the Huazong chairman of Negri Sembilan, Lau Zhi Wen, who is as anti-Barisan Nasional as one gets and has often run down the 1MDB issue.

Lau’s comments in the wake of the court case have gone viral among the Chinese-speaking circle.

He recalled the early days when Lim flew economy class and provided hope for change and greater transparency. He said the people had longed for another Datuk Nik Abdul Aziz Nik Mat who was respected for his simple lifestyle.

But Lau said that Lim changed after winning by a bigger majority in 2013.

“Many said you grew arrogant, others still deify you. You changed cars, flew business class and bought a RM5mil bungalow for RM2.8mil,” he said.

Lau said he had high expectations of the Penang Chief Minister but would no longer speak up for him.

The Chinese vernacular press that would have once defended him to the hilt was also visibly neutral. The thing is Lim does not have as many friends in the Chinese media as when he started out as Chief Minister.

The Chinese vernacular media was instrumental in helping to propel DAP to power. They put Lim on a pedestal but now, eight years down the road, many of them have stories to tell about how they were treated by Lim and his staff and they are not pleasant stories.

The same goes for some of the lawyers watching the drama at the Penang courts on Thursday. A few years ago, they would have come out for him but on that day, their response was: “Let justice take its course.”

DAP is hopeful and confident that the court case will swing sympathy and support towards Lim and arrest the resurgence of support for Barisan.

They are painting their secretary-general as a victim of selective prosecution. Lim has also been trying to tug at the heartstrings with famous sayings that he would prefer to die standing than live on bended knees, and playing up his overnight detention at the MACC headquarters.

The court case proper has yet to start but the court of public opinion is already in session.



By Joceline Tan



Who's is who?


Judge: Judicial Commissioner Datuk Azmi Arifin

Accused: 1. Lim Guan Eng 2. Phang Li Koon

Prosecution:
1. Attorney-General Tan Sri Mohamed Apandi Ali 2. DPP Masri Mohd daud 3. DPP Mohd dusuki Mokhtar 4. DPP udiman lut Mohamed 5. DPP Mohd Ashrof Adrin Kamarul 6. DPP Mohd Zain Ibrahim 7. DPP Muhammad Fadzlan Mohd Noorbr

Lim Guan Eng’s counsel:
1. Gobind Singh Deo (lead) 2. Ramkarpal Singh 3. R.S.N Rayer 4. M. Kulasegaran 5. P. Subramaniam 6. M. Manoharanbr

Phang Li Koon’s counsel:
1. Datuk K. Kumaraendran (lead) 2. Dev Kumaraendran 3. Raj Shankar 4. Chetan Jethawanibr />

Saturday, July 2, 2016

US containing a rising Chinese power

Might the rush to arbitration be nothing more than a US provocation to provide an excuse for military engagement? asks Shannon Ezra


 
The most effective way to halt China's global rise is to exert control over its gateway to the sea, through which it conducts 80 percent of its trade, says the writer. File picture: Eugene Hoshiko. Credit: AP



Video: South China Sea Is Indisputable Part of China

Video: 8th China-U.S. S&ED & 7th CPE


Johannesburg - If the containment of China is one of the key strategic pillars of US foreign policy, the impending outcome of The Hague’s arbitration on the South China Sea dispute is of critical importance to the US.

Even though China disregards the arbitration process as illegitimate, the decision of the tribunal, which is due in the next 10 days, will ratchet up tensions in one of the world's most hotly contested bodies of water. It will set the stage for what could degenerate into a serious conflagration, as the US pulls out all the stops to encircle China, and China takes measures to assert its sovereignty.

America’s objective is to contain a rising power, which presents itself as a major challenge to US global hegemony. Geo-strategically, the most effective way to impede China’s rise is to exert control, through proxies, over China’s gateway to the sea, through which it conducts 80 percent of its trade and transports its energy supplies.

This strategic waterway has turned into a game of chess between China, which claims sovereignty over four main archipelagos, and some of its neighbours along the South China Sea, which have made a series of territorial claims and are backed by the US.

The US claims its interest in the South China Sea is to protect the freedom of navigation as US trade through this waterway is worth $1.2 trillion (R17.6 trillion) annually. To date, China has posed no threat to international navigation in the waters of the South China Sea and also seeks to protect its annual $5 trillion worth of trade.

Despite the tug of war, the situation was under control prior to 2009. When President Barack Obama took office in that year, he announced his keystone foreign policy undertaking as a “strategic pivot to Asia” or rebalancing strategy to the Asia-Pacific. The entire region intuitively recognised that the rebalance was, and is, about China.

A new determination emerged within the US administration to support the territorial claims in the South China Sea of China’s neighbours. It was in this way that the US was arguably the invisible hand behind the rising tension in the region since 2009.

From the Chinese perspective, it was the US that plotted behind the scenes the arbitration of its South China Sea dispute with the Philippines. There have been allegations that the US staffed a team of lawyers to lead the Philippines through the arbitration process, and encouraged them to launch their arbitration case when a Japanese national was president of the International Tribunal for the Law of the Sea. The Japanese national in question had been previously opposed to China’s positions in previous cases and became one of the five arbitrators in the case.

From the time that the Philippines took the unilateral initiative of taking the South China Sea arbitration to the tribunal in January 2013, China has refused to accept or participate in the arbitration. It maintains that territorial sovereignty issues are beyond the purview of the UN Convention on the Law of the Sea (UNCLOS).

As for maritime delimitation, China made an exclusion declaration in 2006, thereby lawfully excluding itself from any compulsory dispute settlement procedure by a third party. Apart from China, more than 30 other countries, including the UK, France, and Russia have made the same exclusion declaration.

China also maintains that, together with the Philippines, they have reaffirmed settling the South China Sea dispute through bilateral negotiations. This is in keeping with the Declaration on the Conduct of Parties in the South China Sea, signed between China and the Association of South-east Asian Nations, which explicitly states that the parties concerned should undertake to resolve their disputes through consultations and negotiations.

From the perspective of the Philippines, there have been a number of exchanges of views with China since 1995, which led to no resolution. But China argues that the two states have never engaged in any serious negotiations on the dispute. According to UNCLOS, China has the right to choose the means of dispute settlement, which means it cannot be forced to accept dispute settlement which is imposed on it, including a third-party settlement. But this has not stopped the arbitration from continuing without China’s participation.

What kind of consequences could the rush to arbitration, encouraged by the US, result in? Would China withdraw from UNCLOS and expand its Air Defence Identification Zone over all its territories in the South China Sea?

This was always a likely scenario, which begs the question of whether the US is keen to provoke a military confrontation as part of its containment strategy. Why else would it be deploying 60 percent of its naval fleet and 60 percent of its overseas air force to the South China Sea by 2030?

By Shannon Ebrahim who is the foreign editor for Independent Media http://www.iol.co.za/

Related:

  http://t.cn/R5R1nar 
http://english.cntv.cn/2016/07/01/VIDEFqZVHU17UA77AL1fVaQZ160701.shtml



The nine-dashed line was first discovered and owned by China. It is a maritime boundary line formed after China’s long-term jurisdiction and development of the South China Sea islands.

China holds sovereignty and jurisdiction rights within the nine-dashed line. Other countries’ ships have the right to freedom of navigation and their aircraft enjoy rights to fly over the territory.
There had been no problem with the nine-dashed line before the 1970s, but with Vietnam, the Philippines and other countries pushing further territorial claims, more governments are beginning to deny legitimacy of the nine-dashed line.

The United States and other countries have intervened in the South China Sea issue; using the so-called freedom of navigation in the South China Sea to deny the nine-dashed line to disregard China’s territorial rights.

Xi eyes joint bid to boost Manila ties
Beijing would like to improve relations with Manila through joint efforts, President Xi Jinping told the Philippines' new president, who was sworn in on Thursday.
 
South China Sea arbitration nothing more than a political farce: People’s DailyGiven the lack of legal validity of the arbitral tribunal of the South China Sea case, China does not accept any propositions or actions based on the...


Duterte's inauguration can put ties on new track

Immediately prior to Rodrigo Duterte's inauguration as the new Philippine leader, The Hague-based Permanent Court of Arbitration announced it would deliver a ruling on July 12 in the Philippines' case against China over their South China Sea dispute.


 More support for China against arbitration

Tribunal arbitration escalates sea tensions

The tribunal’s involvement goes against the principles of the convention.

Wednesday, June 29, 2016

South China Sea arbitration abuses international law, threatens world order

A seminar on the South China Sea Arbitration and International Rule of Law was held on Sunday in the Hague, the location of the Permanent Court of Arbitration's arbitral tribunal. At the seminar hosted by both Chinese and Dutch academic institutions, experts from various countries warned that the unilateral filing of the South China Sea arbitration case by the Aquino administration of the Philippines and the arbitral tribunal’s overreach and abuse of power is a desecration of the spirit of the rule of law and pose a threat to current international order.

Exclusive interview: Limitation of UNCLOS Dispute Settlement System

A legal expert at the University of Oxford has published a paper on resolving disputes in the South China Sea. It relates to the arbitration unilaterally initiated by the Philippines against China.

With this move, the Philippines is just adorning itself with borrowed plumes. First of all, estoppel is a basic principle of international law. As is known to all, China and ASEAN countries, including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC) in 2002, in which all sides agreed to settle disputes over the South China Sea through friendly negotiation and consultation by parties directly concerned.

Experts call for reasonable and effective dialogue on China South Sea issue

A group of experts on international law have called the arbitration that was unilaterally filed by the Philippines against China over the South China Sea "questionable".

In 2011, the Philippines and China issued a joint statement, reiterating their respect and observation of the DOC. However, just two years later, the Aquino administration unilaterally submitted the South China Sea case for arbitration in spite of its previous commitments.

Secondly, the Philippines ignores basic historical facts by presumptuously claiming that the Chinese people never lived or conducted activities in the South China Sea region, thus bearing no sovereignty over the islands in the region.

Cambodia criticizes arbitration filed by Philippines

Cambodia's ruling party has spoken out against the arbitration court's upcoming decision over the South China Sea issue.

Yet no one can deny the historical fact that those islands have been part of China’s territory since ancient times. Successive Chinese governments have continued to govern the islands through multiple approaches including setting administrative divisions, military patrols and conducting salvages at sea.

Respecting historical fact is an important principle of international law. Through its lack of respect for the facts, the South China Sea case violates this principle.

Chinese Foreign Ministry condemns Japan

Chinese Foreign Ministry spokesman Hong Lei has condemned Japan's remarks over the South China Sea arbitration unilaterally launched by the Philippines. He urged for Japan to stop making such irresponsible remarks.

Moreover, the Philippines’ interpretation of the legal status of the islands and reefs in the South China Sea is not in line with the United Nations Convention on the Law of Sea (UNCLOS) and other international laws.

South China Sea FAQ ep12: Why does Beijing reject Manila's arbitration case?

The requests raised by the Philippines in the arbitration case are, in essence, about territorial sovereignty and maritime demarcation.

The Southeast Asian nation claims that the Huangyan Island and the Nansha islands cannot be considered islands as such no one can establish exclusive economic zones or claim the continental shelves there. Such an argument flies in the face of objective reality.

  • South China Sea FAQ ep13: China's solution for resolving the disputes

  • South China Sea FAQ ep13: China's solution for resolving the disputes. As tensions in the South China Sea region continue, China continues to insist on a dual-track approach to resolve disputes. This is governed by the Declaration on the Conduct of Parties in the South China Sea made in 2002 between China...

The Philippines deliberately misrepresented factual information about the islands and reefs in the South China Sea during the trial and carelessly negated the integrity of the Nansha islands as well as the island status of Taiping Island and other large islands in area. However, its claims are not only inconsistent with reality, but also incompatible with UNCLOS and other international laws.

The legal representatives of the Philippines also withheld necessary information concerning other islands in the South China Sea (not included in its arbitration request) on purpose, and refused to present them to the court. It is safe to say that the Philippines’ argument concerning the South China Sea islands and reefs lacks basic credibility.

Taking this into consideration, the arbitral tribunal has clearly violated UNCLOS, abused the UNCLOS settlement procedure and exceeded its jurisdiction by accepting the unilateral request of the Philippines and even trying to deliver a verdict on the South China Sea issue. Its self-proclaimed “jurisprudence” and “normative power” demonstrate great irony.

The core of the South China Sea issue between China and the Philippines are territorial and maritime delimitation disputes. Territorial issues do not fall within the scope of UNCLOS authority. Additionally, as early as 2006, China has excluded compulsory settlement procedures from maritime delimitation disputes in accordance with Article 298 of UNCLOS.

As a temporary institution founded on UNCLOS, the tribunal has zero jurisdiction over this case. Arbitration and other international judicial methods to resolve disputes means resorting to third-party settlement. However, this option has already been excluded by internationally binding bilateral agreements between China and the Philippines.

The tribunal chose to ignore these binding documents and breached the premises, exclusions and exceptions for compulsory settlement procedure stipulated in UNCLOS to establish jurisdiction on its own.

The tribunal’s blatant disregard for the agreement China and the Philippines made concerning settling disputes has irresponsibly broken the consensus reached between the two states and has seriously violated China’s right as a sovereign state and UNCLOS signatory to choose its own dispute settlement method.

What’s more, by repeatedly referencing UNCLOS and extending the convention’s coverage to all maritime issues, the tribunal has in fact turned a blind eye to conventional international law.

Any practitioner of international law is aware that articles in UNCLOS are a summary of the historical maritime practices and common will of all countries. UNCLOS shows nothing but respect to conventional international law. However, the tribunal today has discredited all previous practices, contradicting the basic purpose and spirit of UNCLOS.

International law has played a significant role in maintaining a relatively stable international order after World War II. In the decades after the war, hundreds of international treaties were drafted to regulate the conduct of states and people’s lives.

From the planet where we live to outer space, from security to arms control, from economic development to environmental protection, from human rights to judicial cooperation and other areas, these international laws are ubiquitous. The diplomatic actions of every county call for international law. In other words, it is a commonly recognized standard for the international community. The world would fall into chaos without it, and the law of the jungle would once again dominate.

Therefore, the abuse of international law by the Philippines and the tribunal has undermined the authority of the law, which will in turn greatly impact the stability of international order.

It is worth mentioning that the US, a country outside the region, has been eager to play a hand in the issue. Those who are familiar with the “America-style” of dealing with international affairs know that “safeguarding the integrity of international law” is a catchphrase for the country when it comes to international dealings.

However, as a country that attaches such importance to the protection of international law, why has the US supported the illegal acts of the Philippines and the tribunal? The answer is simple: The US only protects those international laws that benefit itself. In the eyes of the US, any illegal act can be considered “an act that protects international law” so long as it benefits its own strategic interests.

A scholar at the seminar pointed out that what the Philippines has done to China today could happen to other countries in the future. If the tribunal comes to a conclusion that does not conform to the facts and the law, then the same twisted logic could be misapplied to other countries with territorial disputes.

Such apprehension is not without merit. If the irresponsible actions of the Philippines, the US and the arbitral tribunal are not faced head on, they will severely affect the authority of international law. From this perspective, China's fight against the abuse of international law is not only the country safeguarding its territorial sovereignty, but also a contribution to lasting peace and stability in the world. - People daily


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Tuesday, June 28, 2016

Young adults in developed countries rent, we buy houses for good

While young adults all over the world are renting homes, successful Malaysians and Singaporeans prefer to own homes instead of cars, as soon as they get their first pay cheque.

Instead of blowing their cash on pricey gadgets, young Malaysians are saving up for their first home.


While most Gen Y shy away from owning property in developed countries and big cities, demand from millennials here is still holding, especially with parents assisting them with the downpayment, Real Estate and Housing Developers’ Association Malaysia (Rehda) president Datuk Seri F.D. Iskandar said.

(Gen Y, also known as millennials, are commonly referred to those who are born in the early 1980s to 2000s. They are sometimes referred to as the strawberry generation).

Demand from first-time buyers, including the younger generation, remains strong although housing affordability is a challenge, said Bank Negara.

The central bank added that they accounted for 75% of 1.47 million borrowers.

Owning and investing in a house remains a priority for many Malaysians.

This is reflected in the household borrowing trend where the buying of homes continues to be the fastest growing segment of household lending, with annual growth sustained at double-digit levels (11% as at end-March 2016), said Bank Negara in a statement.

Those who cannot afford it themselves, and do not have parents to help, turn to their friends.

In his 30s, Daryl Toh, and two of his college mates own a condominium in Penang; they pooled their resources to purchase the unit five years ago.

“It’s in a premium area and since we couldn’t afford a place on our own – at least not prime property, we became joint owners.”

Financial adviser Yap Ming Hui said it makes perfect sense to own.

“Of course the Gen Y here are still keen on buying. You pay the instalments and eventually own a home. Only those who can’t afford to buy are forced to rent.”

Association of Valuers, Property Managers, Estate Agents and Property Consultants in the Private Sector of Malaysia adviser Wong Kok Soo said property prices in Hong Kong have escalated beyond the purchasing power of the Gen Y but the trend hasn’t caught on here – yet.

Wong, who is also a consultant with the National House Buyers Association, however, said there were signs that the Gen Y could no longer afford to live in big cities like Kuala Lumpur, Penang Island, Johor Baru and Sabah.

“Parents are chipping in for the downpayment. And, commuting from the suburbs to the city centre is still an option.

“But when prices get inflated far beyond their means, the same will happen here (as in Hong Kong),” said Wong, who, however, felt that even if demand dropped, it would not be substantial.

Iskandar agreed, saying that although the property market was slow now, the drop was manageable. “Like everything else, it’s cyclical. “The property market goes up for years and after some time, begins falling before rising again.”

He said the market would pick up with the completion of infrastructure development and public transportation facilities.

Rehda, he said, was working closely with the Government to find ways to facilitate home acquisition especially among first-time buyers.

“We proposed a review of the financing guidelines that have negatively impacted buyers’ ability to secure financing,” he said. - The Star/Asia News Network

Demand from first-time buyers still strong despite affordability challenge


PETALING JAYA: Instead of blowing their cash on pricey gadgets, young Malaysians are saving up for their first home.

While most Gen Y shy away from owning property in developed countries and big cities, demand from millennials here is still holding, especially with parents assisting them with the downpayment, Real Estate and Housing Developers’ Association Malaysia (Rehda) president Datuk Seri F.D. Iskandar said.

(Gen Y, also known as millennials, are commonly referred to those who are born in the early 1980s to 2000s. They are sometimes referred to as the strawberry generation).

Demand from first-time buyers, including the younger generation, remains strong although housing affordability is a challenge, said Bank Negara.

The central bank added that they accounted for 75% of 1.47 million borrowers.

Owning and investing in a house remains a priority for many Malay­sians.

This is reflected in the household borrowing trend where the buying of homes continues to be the fastest growing segment of household lending, with annual growth sustained at double-digit levels (11% as at end-March 2016), said Bank Negara in a statement.

Those who cannot afford it themselves, and do not have parents to help, turn to their friends.

In his 30s, Daryl Toh, and two of his college mates own a condominium in Penang; they pooled their resources to purchase the unit five years ago.

“It’s in a premium area and since we couldn’t afford a place on our own – at least not prime property, we became joint owners.”

Financial adviser Yap Ming Hui said it makes perfect sense to own.

“Of course the Gen Y here are still keen on buying. You pay the instalments and eventually own a home. Only those who can’t afford to buy are forced to rent.”

Association of Valuers, Property Managers, Estate Agents and Property Consultants in the Private Sector of Malaysia adviser Wong Kok Soo said property prices in Hong Kong have escalated beyond the purchasing power of the Gen Y but the trend hasn’t caught on here – yet.

Wong, who is also a consultant with the National House Buyers Association, however, said there were signs that the Gen Y could no longer afford to live in big cities like Kuala Lumpur, Penang Island, Johor Baru and Sabah.

“Parents are chipping in for the downpayment. And, commuting from the suburbs to the city centre is still an option.

“But when prices get inflated far beyond their means, the same will happen here (as in Hong Kong),” said Wong, who, however, felt that even if demand dropped, it would not be substantial.

Iskandar agreed, saying that although the property market was slow now, the drop was manageable.

“Like everything else, it’s cyclical.

“The property market goes up for years and after some time, begins falling before rising again.”

He said the market would pick up with the completion of infrastructure development and public tran­sportation facilities.

Rehda, he said, was working closely with the Government to find ways to facilitate home acquisition especially among first-time buyers.

“We proposed a review of the financing guidelines that have negatively impacted buyers’ ability to secure financing,” he said. - By Christina Chin The Star

A pricey priority



Wary of big, life-changing purchases, the ‘Strawberry Generation’ – those ‘easily bruised’, coddled young people in their 30s – prefers to rent, global reports say. Malaysians, however, are bucking the trend despite steep property prices. Mainly thanks to supportive parents, it seems.

BEST friends Leh Mon Soo, 38, and Brandy Yu, 39, are finally buying their first home.

After months of serious scouting, the two managers found units that matched their budget and needs, coincidentally, in the same condominium in Petaling Jaya. Leh is getting a three-bedroom unit while Yu is happy with a 48sqm studio apartment.

Yu feels that the RM365,000 she’s paying is affordable as she can still save about RM1,700 monthly after paying the loan instalment.

“I’m only paying RM400 more a month than what I’ve been forking out for rent. And unlike the rental, this unit will be mine one day,” she says.

Leh ended up forking out a whopping RM690,000 even though she dreads the long-term commitment. While “not a bargain, and at the upper limit of what I can afford”, she says that it’s still a pretty good price, as other, smaller, units were going for higher prices.

“I was only willing to pay RM500,000 initially. Then I saw a two-bedroom in the same condominium going for RM680,000. So I bit the bullet and got this. Property prices won’t be dropping any time soon and our ringgit’s shrinking. It’s now or never. I’ll have to cough up even more later if I don’t get a place now,” she says pragmatically.

The soon-to-be neighbours think property is still in demand, even among Gen Y-ers, aka Millennials (those born in the 1980s and 1990s, typically perceived as brought up and very familiar with digital and electronic technology).

But they’re more privileged because their parents have either already invested in property for them or are helping them buy it, Leh offers. Renting is not for the long-term, she says firmly, and even the younger ones know that.

The Malaysian mindset, Yu quips, is that everyone must own at least one property.

Gym owner Chip Ang, 26, agrees. He got the keys to his new 78sqm unit in Shah Alam last week.

Although it was his parents who suggested he get the RM168,000 place under the Selangor Government’s affordable housing scheme, Ang says property ownership is always a hot topic between him and his friends. Young professionals want to own property. The issue is affordability, he thinks.

“Many are unrealistic. They want their ideal home in the ideal place. Of course that’s unaffordable. Most affordable homes are in up and coming townships, not prime locations.”

The experience of getting his own place was a “blur” because it happened so fast, he says, though he does recall that, “because it’s affordable housing, I had to fulfil a number of requirements including proving that I’m a bachelor”. While the RM700 monthly mortgage payment is doable, he’s still nervous about being “tied down”.

Writer Teddy Gomez, 29, doesn’t think people have given up on owning property but sees a new trend emerging.

“Buying property is still big here but I see more renters because it’s cheaper and more flexible,” says Gomez, who got “a little help” from his dad buying a 83sqm apartment in Kuala Lumpur last year. Although the cosy RM400,000 unit is “not really affordable”, he says it’s time to leave the nest.

Like Gomez, a blogger who only wants to be known as Robyn, 24, thinks it’s nice to have your own space. She’s moving into an apartment in Petaling Jaya soon. The fresh graduate admits being lucky because her dad’s the owner. She’s getting the three-room unit for less than RM140,000 although it’s valued at over RM750,000.

“For the next three years, I’ll pay the RM3,800 monthly loan instalments. Now, I’m only contributing RM2,000 because I just started working. Dad’s helping until I can afford to take on the full amount myself.”

She knows she’s better off than most her age and is thankful for her family’s support – many of her friends are also looking for properties to buy but are resigned to living outside the city in places like Bangi and Kajang in Selangor. Still, with a RM200,000 budget, they’re willing to travel and own property rather than pay rent indefinitely.

Federation of Malaysian Consumers Association (Fomca) secretary-general Datuk Paul Selvaraj says it’s unfair to tell consumers to live on the outskirts of city centres because public transportation is still a problem in the Klang Valley. Unless the homes are accessible, living far away from the workplace isn’t practical.

National House Buyers Association (HBA) honorary secretary-general Chang Kim Loong sees a very strong demand for affordable properties in Malaysia because of our young population and urban migration.


For instance, the Government’s First House Deposit Financing (MyDeposit) scheme that was launched on April 6 received more than 6,000 online registrations within a week, a sure sign that Malaysians are still keen on owning property.

Fomca’s Selvaraj says property is a priority for most Malaysians because it’s a sound investment. They just can’t afford it in most urban areas.

“If you’re living on bread and water after paying your loan, then the house is unaffordable. For most young families, RM300,000-plus is affordable but it’s RM600,000 homes that are being built.”

Property is the best hedge against inflation so demand will always be strong, says HBA’s Chang. But there’s a “serious mismatch” between what’s classified as affordable by developers and the rakyat’s definition. To developers, an affordable property for first-time buyers is RM500,000. For upgraders, it’s up to RM1mil. Definitions on the ground are much lower. First-time buyers deem RM150,000 to RM300,000 affordable while those looking to upgrade can only pay between RM300,000 and RM600,000.

But if you can afford it – with family help, perhaps – M. Rajendran, 53, says invest early. The air traffic controller got his double-storey home in Kajang 21, Selangor, years ago for RM146,000. It’s worth at least RM600,000 now.

“If I hadn’t bought it then, I definitely wouldn’t be able to afford it now with the financial commitments I have. And at my age, no bank is going to give me a loan. Buy when you’re young because it’s cheaper and you can settle your loan faster.”

However, he warns that current economic challenges could result in a rise in the number of abandoned projects, so those looking at new properties should be cautious and do their homework.

“Scout around. Choose locations with infrastructure and amenities so that the potential for property prices to appreciate is higher.” - By Christina Chin The Star

Don’t bank on the banks


RELAXING lending conditions won’t help more people buy their own homes. It will only worsen the situation as developers increase prices further to match the lending surge, predicts Chang Kim Loong, honorary secretary-general of the National House Buyers Association (HBA).

Datuk Paul Selvaraj also doesn’t think it’s a good idea. The Federation of Malaysian Consumers Association secretary-general says home ownership is a right, and it’s the Government’s responsibility to make it a reality. The Government, he stresses, must either build more affordable housing or force developers to cater to the neglected market. It’s wrong to force banks to take bigger lending risks by calling on them to relax lending conditions, he feels.

“Banks will only lend money if they can get it back. It’s unfair to expect them to do otherwise. Also, if the borrowers cannot pay, they themselves will end up with a big headache.”

Banks are rightly stringent as times are uncertain, says Wong Kok Soo, an adviser to the Association of Valuers, Property Managers, Estate Agents and Property Consultants in the Private Sector of Malaysia and consultant to the HBA.

Lenient policies encourage purchases that are beyond one’s means and are not a good idea; instead, the margin of financing should be increased or the loan tenure extended, for first home buyers. For existing loans, there should be some flexibility in extending tenures and adjusting debt servicing ratio, he feels.

Last year, housing in Kelantan, Penang, Sabah, Sarawak and Selangor, as well as Kuala Lumpur, were listed as severely unaffordable by market experts. Nationwide, only Malacca made the affordable category with housing in the other states deemed either seriously or moderately unaffordable.

Bank Negara’s “Financial Stability and Payment Systems Report 2015” showed an increasing supply of homes above RM500,000 while those priced below RM250,000 accounted for less than 30% of the total launches in the first nine months of last year.

Deputy Urban Wellbeing, Housing and Local Government Minister Datuk Halimah Mohamed Sadique has since called on developers to build more houses priced at RM300,000 for Malaysians.

The next generation won’t be able to own property without financial help from their parents unless concrete measures are taken to increase the supply of properties costing between RM150,000 and RM300,000 and to stem the steep rise in existing property prices due to excessive speculation, says HBA’s Chang.

A Khazanah Research Institute report reveals that Malaysia’s housing market is considered to be “seriously unaffordable”, with a median house price of more than four times the median annual household income. This problem, Chang notes, surfaced a little under a decade ago but if prices continue to soar, the situation could worsen.

Not that there aren’t affordable schemes and funding plans in place to help – in the last 50 years, scores have been introduced but information on them is scarce, he observes. Details of projects by developers, state agencies and federal bodies must be available in a public database, he suggests. And a single umbrella body under the Federal Government must coordinate the distribution and availability of such units.

Chang stresses also that there’s no place for racial profiling when it comes to housing. Whoever deserves a house must get a house, he insists.

There’s never a wrong time to buy property but one must balance the risk of buying with renting, he advices. Owning a house is riskier as buyers take on enormous debts, sign multi-year loan agreements and become responsible for homeowner costs, he cautions.

“Flip through the newspapers – you’ll see many proclamations of sales of units for public auction that are below RM50,000. Some even dip below RM10,000. On bank websites, you’ll find property foreclosure cases.”

A list of properties put up for auction by CIMB bank showed 35 units in Selangor at reserved prices of less than RM42,000 – that’s the price of a new low-cost unit, notes Chang.

Low-cost units auctioned off for half of the purchase price is an alarming trend, he says. Unfortunately, there aren’t any official statistics on how many low income earners have lost their homes or are struggling with their monthly loan commitment. Where do these homeowners and their families end up living, Chang wonders.

Foreclosures can devastate a family’s economic and social standing, possibly leaving them poorer than before they bought the property. Financiers, local authorities and communities benefit from homeowners being better informed of their rights and responsibilities as borrowers. Ensuring that lower income households have sufficient personal financial management skills and support is crucial.

It’s not enough just to provide homes for the low- and medium-income group. Chang recommends that a homeownership education programme be set up to raise financial literacy and prepare households for the responsibilities of owning a home.

“Manuals, advice or information given via telephone, workshops or counselling to help households maintain their homes and manage their finances must be given before first-time buyers sign the sale and purchase agreement. Public housing schemes are only successful if buyers can hold on to their property.”

Specifically, Chang says education should cover:

> Pre-purchase period – understanding the various types of available housing, the process of buying a house, loan process, and financial preparation needed; and evaluating household needs.

> Post-purchase period – budgeting monthly expenses; making payments promptly; avoiding loan defaults; living within a community; social responsibility; property taxes, assessments, insurance, service charges and sinking fund; home maintenance; and handling problems with the property.

Educate yourself and learn from the mistakes of others to avoid being disappointed or, worse, becoming “house poor” (when most of your income goes towards home ownership), Chang advises. Aspiring buyers must get something that’s within their budget. It could be an older or smaller unit but start small and slowly increase your property portfolio, he says.

“Don’t let friends or family influence you into getting something that’s above your budget, as home ownership is a long term investment. You must be able to service the loan while maintaining an acceptable standard of living.”

The majority may prefer to rent while waiting for the market to soften but it’s better to have your own shelter, says HBA consultant Wong.

The average Malaysian, he insists, can still own property. Consider buying at auctions. Research is a must, though, as inspections aren’t allowed at auctions. It’s an “as is, where is” bid, he stresses. Find out about the surrounding units and the neighbourhood, he suggests.

Better to own but...


PROPERTY investment helps maintain our socioeconomic well-being and must be encouraged, says Datuk Seri F.D. Iskandar, president of the Real Estate and Housing Developers Association Malaysia (Rehda).

Property – a wealth-creation instrument without the volatility of stock markets – has consistently out-performed traditional investment options like bonds, he points out.

But to invest, one must study the property and its market potential. With the right location and strategy, property can be a very profitable investment. The value will appreciate over time, he says.

To many, the most important aspect of owning property is to secure a home. In current conditions, most developers are coming up with attractive packages to close the deal, so it’s a good time to buy. Securing a bank loan now, though, is one of the biggest barriers, he says.

Rehda’s recommendations to the Government and Bank Negara are:

> Encourage innovative home financing packages like the developers interest bearing scheme (better known as DIBS).

> Allow flexible or accelerated tiered payments (longer loan tenure so you pay less now but more later when your salary has increased).

> Relax loan approval criteria with higher financing margins (up to 100%).

Also, banks, he says, shouldn’t just focus on a loan applicant’s current net income; future prospects of higher salaries and other incomes and bonuses must be taken into account.

He dismisses talk that the average Malaysian has been priced out of owning his or her first home.

There’s still a range of prices and options in both the primary and secondary property markets, he says.

With new launches, developers usually offer special incentives, rebates or discounts that will help buyers reduce their initial payment. In the secondary market, however, what you see is what you get. Depending on what you’re looking for, factors like location, surroundings, facilities, transportation and infrastructure will help you decide.

“Property prices in city centres are high because of land value but there are many cheaper options in less-urbanised areas. There are many affordable houses, including those by PR1MA (the 1Malaysia People’s Housing Scheme). The average Malaysian can definitely afford these.

“With an improving transportation system and connectivity, these places are now easily accessible from city centres.”

We are paid enough

 
Property price and value to Income per country in SEA 20014

WAGES are rising in tandem with the country’s consumer price index (CPI), which is a broad measure of inflation and our productivity.

Both criteria are used to determine wages here, says Datuk Shamsuddin Bardan, executive director of the Malaysian Employers Federation.

While Malaysians lament how their salaries aren’t enough to cope with soaring costs of products and services, their grouses aren’t reflected in the low CPI numbers, he says.

“Measured against the CPI, our average salary growth isn’t lagging. In the region, our salaries are second only to Singapore. Of course, you must consider the currency exchange. Singaporeans earn an average of S$3,000 (RM9,000) while Malaysians take home RM2,800 monthly.

“But bear in mind that the productivity of Singaporeans is 3.8 times higher than ours. Their per unit cost of production per employee is lower than us. In the United States, the productivity level is seven times higher than ours. So when you say we aren’t earning enough, you have to consider our productivity level too,” he states, pointing to how in some of our neighbouring countries, the average salary is less than US$100 (RM400).

However, he acknowledges that houses are beyond the reach of most – and fresh graduates in particular – and adds that even when both husband and wife work, they still may not have enough for the down payment and are forced to rent.

It’s tough, he admits, even for those who have already been working for a decade, to own a house now without financial support from parents.

Related: Renting is OK too

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