China rejects Philippines’ arbitration move
Print Edition
CHINA yesterday denounced the Philippines for attempting to challenge its territorial claims over the South China Sea through an “international arbitration case” over disputed waters.
It issued a document outlining arguments against the jurisdiction of the Permanent Court of Arbitration at The Hague to take up the case filed by the Philippines last year.
“The Philippines’ underlying goal is not to seek peaceful resolution of the South China Sea issue, but rather, by resorting to arbitration, to put political pressure on China, so as to deny China’s lawful rights in the South China Sea through the so-called ‘interpretation or application’ of the Convention,” China’s foreign ministry said.
China prefers to settle its disputes in discussions with the countries directly involved.
However, after China took control of a disputed shoal following a naval standoff with the Philippines, Manila filed a case early last year with a tribunal operating under the UN Convention of the Law of the Sea. The tribunal gave China until December 15 to reply.
Xu Hong, director general of the foreign ministry’s treaty and law department, said the Philippines was “obstinately pushing forward arbitration procedures” and urged it to negotiate with China instead.
He said China was committed to rejecting and not participating in the arbitration proceedings.
Arbitration “won’t change the history or the facts of China’s sovereignty over the South China Sea islands as well as the adjacent waters,” Xu said.
The document elaborates on China’s previous arguments that territorial sovereignty is beyond the scope of the tribunal. It said China’s rejection of arbitration is in line with international law and that China and the Philippines had previously agreed to settle territorial disputes through negotiation.
“Some people, who do not know the truth, have questioned China’s position of not accepting or participating in the arbitration,” Xu told a news conference. “Some others, who harbor ulterior motives, have made one-sided and misleading readings of the rules of international law, and, on that basis, made accusations or insinuations that China does not abide by law and perversely brand China a ‘challenger’ to international rules.”
He accused the Philippines of lying when it said it had discussed arbitration with China, and of failing to respond to Chinese proposals for talks.
“The Philippines is keenly aware of the importance of addressing the issue through peaceful negotiations. But it still unilaterally initiated a compulsory dispute settlement procedure. Of course China cannot accept this,” Xu said.
China’s participation is not required as the tribunal is not meant to resolve the dispute but address the validity of China’s “nine-dash line” as well as the classification of various features under the UN convention.
China’s claim is represented on its maps by a nine-dash line that loops out from its coast.
The Philippine government will study the document and may issue a response later, said foreign affairs spokesman Charles Jose.
Xu said its publication was not linked to the deadline but had just taken time to draw up.
The document notes that the issue of the South China Sea involves a number of states. Its final resolution demands patience and political wisdom from all parties, it says. They should engage in dialogue and cooperation to preserve peace and stability in the South China Sea, enhance mutual trust, clear up doubt, and create conditions for eventual resolution.
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