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主题: 系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS

系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-03-02 23:53 #1

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www.philstar.com/headlines/2014/02/26/1294792/phl-pursue-arbitration-amid-chinas-call-bilateral-talks-palace

Phl to pursue arbitration amid China's call for bilateral talks - Palace
By Louis Bacani (philstar.com) | Updated February 26, 2014 - 3:42pm

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PH to pursue arbitration 2014-03-02 23:55 #2

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www.scmp.com/news/china/article/1437621/philippines-rejects-china-deal-disputed-shoal-china-denies-making-any

Philippines 'rejects China deal on disputed shoal' - as China denies making any such offer
Raissa Robles in Manila and Teddy Ng in Beijing
PUBLISHED : Saturday, 01 March, 2014, 3:40am
UPDATED : Saturday, 01 March, 2014, 1:56pm

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China slams Philippines' SCS court application 2014-03-26 2014-03-29 22:51 #3

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news.xinhuanet.com/english/china/2014-03/26/c_126320488.htm

China slams Philippines' South China Sea court application
English.news.cn | 2014-03-26 22:35:50 | Editor: Mu Xuequan

BEIJING, March 26 (Xinhua) -- Chinese Foreign Ministry spokesman Hong Lei on Wednesday urged the Philippines to stop wrongdoing on the South China Sea dispute.

According to media reports, the Philippines will formally submit the dispute to the international court of justice in the coming days.

Hong told a routine press briefing that China will neither accept the unilateral action of the Philippines nor be present in the international arbitration.

China's stance is in line with the international law, he said.

Hong urged the Philippines to be fully aware of the complexity and sensitivity of the South China Sea dispute and come back to the right track of negotiations and consultations as soon as possible so as to avoid further harming bilateral relations.

China's determination to safeguard sovereignty and territorial integrity is unswerving, the spokesman added.

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China slams Philippines' SCS court application 2014-03-26 2014-03-29 23:29 #4

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www.stripes.com/philippines-looks-to-international-court-to-press-island-claims-1.273939#.Uza6Mc7w9tN
Philippines looks to international court to press island claims
By Erik Slavin
Stars and Stripes
Published: March 24, 2014

www.abs-cbnnews.com/nation/03/25/14/alunan-warns-vs-china-sanctions-possible-sabotage#.UzKHaHa8J2c.twitter
China warned PH of consequences: Alunan
ABS-CBNnews.com
Posted at 03/25/2014 11:45 AM | Updated as of 03/25/2014 4:08 PM

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 09:30 #5

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www.abs-cbnnews.com/nation/03/26/14/philippines-insists-rule-law-china-dispute

Philippines insists on rule of law in China dispute
by Ria de Fiesta, ABS-CBNnews.com
Posted at 03/27/2014 12:00 AM | Updated as of 03/27/2014 12:00 AM

MANILA – An official of the Department of Foreign Affairs (DFA) on Wednesday said Philippines is advocating rule of law in its arbitration case against China with regard to the dispute over the West Philippine Sea.

DFA spokesman Charles Jose told ANC Primetime that the Philippines, in pursuing a principled foreign policy based on international law, is hoping for a peaceful settlement of the dispute without resorting to force.

“In this effort to resolve the dispute, we have been following three tracks,” Jose said.

Jose said the first, which is the diplomatic track, involves working with China in trying to find a solution to the problem.

“Since the April 2012 standoff in Panatag shoal, we have had about 50 meetings with China but unsuccessful,” he said.

The second track, according to Jose, is the political track, wherein the Philippines is working closely with its Association of Southeast Asian Nations (ASEAN) partners for the implementation of the 2002 Declaration of Conduct of the Parties in the South China Sea, which was signed between the regional bloc and China.

The third is the legal track, Jose said, and this involves the case that the country has filed against China before the arbitration tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) comes in.

“So alongside these tracks, we are also trying to have a minimum defense posture or capability so we are trying to get the help and support of our treaty allies, and also trying to establish networks with our partners and neighbors in our region to have a stronger defense alliance,” Jose said.

According to Jose, the country has a strong case, which will be submitted before the tribunal on March 30.

“We believe we have very good arguments in our favor, because we are challenging, essentially, the maritime claim of China represented by this nine-dash line, which encompasses the whole South China Sea,” Jose said.

Jose said that the Kalayaan group of islands, Panatag shoal, and Ayungin shoal are all within the 200 nautical miles or the country’s continental shelf.

“So it’s very clear these land features are under our exclusive sovereign rights and jurisdiction so they cannot be claimed as part of another country’s territories,” he said.

Noting that the International Tribunal for the Law of the Sea (ITLOS) has no enforcing power, Jose said it would be up to the international community to make China realize that if it wants to be seen as a responsible member of the international community, then it has to abide by the decision of the arbitral tribunal, whatever it may be.

www.abs-cbnnews.com/focus/03/27/14/philippines-ignores-china-request-delay-filing-memorial-vs-9-dash-line

Philippines ignores China request to delay filing of Memorial vs 9-dash line
By Ellen T. Tordesillas, VERA Files
Posted at 03/27/2014 3:26 PM | Updated as of 03/27/2014 4:20 PM



Despite Chinese requests to delay it, the Philippines is filing on March 30 its memorandum challenging before the United Nations China’s territorial claims over the South China Sea.

The memorandum, called a Memorial in international law, will be filed with the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands, contesting China’s 9-dash line territorial rule.

Under the 9-dash line rule, China claims almost the whole of the South China Sea as part of its territory, but the Philippines and three other Southeast Asian nations are staking various claims to parts of the area.

Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

A delay in the filing would be seen as an indication of Philippine willingness to improve ties with China, a source quoted a Chinese official as saying.

China has informed the Philippines it will reciprocate accordingly, and will withdraw its ships from Bajo de Masinloc (Panatag Shoal to Filipinos, Huangyan island to the Chinese) to restore the relationship to where it was before April 8, 2012.

The source said China considers the suit, filed in January 2013, as an obstacle to improving its ties with the Philippines.

“We don’t expect the Philippines to withdraw the suit because we understand that national pride is at stake,” a Chinese official reportedly told counterparts in the Philippines, the source said. “But we hope you can delay it.”

The Chinese official reportedly added, “In our culture, bringing someone to court is like assaulting him.”

SOUTH CHINA AIR ZONE

China also said that if the Philippines delays filing the claim, it would not establish a South China Sea Air Defense Identification Zone (ADIZ) like it did in the East China Sea which included air space over the Japanese-controlled Senkaku islands.

An ADIZ is airspace in which the country that imposed it requires identification, location and control over civil aircraft passing through that zone, in the interest of national security.

China also said once the “obstacle” is removed, the Philippines can expect increased economic opportunities, including the promotion of the Philippines as a tourist destination.

Philippine-China ties have been strained since April 8, 2012, when the lone Philippine warship BRP Gregorio del Pilar apprehended Chinese fishing vessels in the Bajo de Masinloc area, 124 nautical miles off Zambales, prompting China to send Chinese Marine Surveillance (CMS) ships to the area.

At the height of the 57-day standoff, more than 80 Chinese vessels surrounded two Philippine ships--one from the Philippine Coast Guard and the other from the Bureau of Fisheries and Aquatic Resources—that had replaced the Gregorio del Pilar.

On June 4, 2012, the Philippines pulled out the two ships and never sent any back to the area but China kept three there.

On Jan. 27, 2014, the Armed Forces of the Philippines reported that Filipino fishermen were sprayed with water when they got near the Chinese Coast Guard ships.

China’s request was discussed in a Jan. 30 special cabinet meeting, where the President gave Solicitor General Francis Jardeleza a free hand in handling the case.

In a media briefing at the UP Law Center last month, Jardeleza disclosed that the Arbitral Tribunal acceded to the Philippine request not to separate the jurisdiction aspect from the merits of the case.

“Jurisdiction and merits will be discussed in the Memorial together,” Jardeleza said, adding that this will gave the Philippines the “tactical advantage.”

“We are very strong on the merits and by discussing the merits more and more you gain an advantage hoping to convince the tribunal that they should take the case and rule that they have jurisdiction,” he said.

TERRITORIAL OR MARITIME DISPUTE?

Legal experts are concerned that the UNCLOS Arbitral Tribunal would consider the issues raised by the Philippines as territorial disputes. The Tribunal decides only on disputes on overlapping maritime zones, while the International Court of Justice (ICJ) decides on territorial disputes.

In the ICJ, however, both parties would have to agree to submit the dispute to the Court. China has refused to participate in the case filed by the Philippines.

Justice Antonio T. Carpio, in a speech before the Philippine Women’s Judges Association early this month said, “The Philippines’ arbitration case against China is solely a maritime dispute and does not involve any territorial dispute.”

Carpio added, “The Philippines is asking the tribunal if China’s 9-dash line can negate the Philippines’ Exclusive Economic Zone (EEZ) as guaranteed under UNCLOS. The Philippines is also asking the tribunal if certain rocks above water at high tide, like Scarborough Shoal, generate a 200 nautical mile (NM) EEZ or only a 12 NM territorial sea. The Philippines is further asking the tribunal if China can appropriate low-tide elevations (LTEs), like Mischief Reef and Subi Reef, within the Philippines’ EEZ. These disputes involve the interpretation or application of the provisions of UNCLOS."

Jardeleza said the Philippines in the Memorial will not ask the court to say who owns Panatag shoal. “We are arguing that they are within our Economic Exclusive Zone and therefore under the rules of UNCLOS we have exclusive rights to fish within that area,” he said.

Jardeleza summed up the Philippine line of argument in the Memorial to convince the Tribunal that it has jurisdiction: “Our claim is a very narrow one, land dominates the sea. This is not a case about land; this is a case about the maritime waters which is perfectly under UNCLOS.”

Jardeleza said he expects the Court to give China time to respond before it starts the hearing. It may call for oral arguments or ocular inspection. He said it may take the Tribunal three years to decide from the date of the filing in January 2013.

'SMALL PHILIPPINES PLANS TO WIN BIG'

The Arbitral Court panel of judges is headed by Thomas Mensah from Ghana. Members are Rudiger Wolfrum from Germany, Stanislaw Pawlak from Poland, Jean-Pierre Cot from France, Alfred Soons from The Netherlands.

The Philippine legal team is headed by Paul Reichler, a Washington-based lawyer from the Foley Hoag law firm, British law professors Philippe Sands and Alan Boyle, and Bernard Oxman from the University of Miami's Law school.

Jardeleza said the public declarations of Southeast Asian countries, the United States, and even the European Union against the 9-dash line strengthens the Philippine case.

“We are a small country but we plan to win big in this,” Jardeleza said.

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for truth.)


www.abs-cbnnews.com/nation/03/28/14/philippines-prepared-china-backlash-palace

Philippines prepared for China backlash: Palace
by RG Cruz, ABS-CBN News
Posted at 03/28/2014 7:35 PM | Updated as of 03/29/2014 12:27 AM

MANILA (UPDATE) - Malacanang is prepared for the any actions from China after the government files the Philippine memorial on the arbitration case on the West Philippine Sea before the International Tribunal for the Law of the Sea (ITLOS).

This was the Palace's reaction following reports China will impose sanctions on the Philippines if it files the memorial.

"It would be best to ask China what their intended plans are moving forward. But at least for the Philippine government, we can say that all factors have been taken into consideration when the discussions were being had on the matter of arbitration," Deputy Presidential spokesperson Abigail Valte said Friday.

The memorial will contain the Philippine position on the matter of the China's "nine-dash line" claim that covers all of the West Philippine Sea.

Valte said a favorable ruling from the ITLOS will add weight to the Philippine position.

It was her response to a question on how a favorable ruling may help the country when the ITLOS has no powers to enforce its ruling.

"Assuming that a favorable decision is rendered, then that is additional weight for the Philippine position when it comes because that is a tribunal that is empowered really to pass judgment on these things based on international law, which is upheld by most countries that subscribed to it," she said.

Manila is to file as scheduled its "memorial," or formal pleading on Sunday, which would allow the UN arbitral tribunal to study the Philippine argument that the Chinese claim covers parts of Philippine territory, officials said.

China claims most of the strategically important body of water as well as islets and reefs which border major sea lanes and are reputed to sit on vast oil and gas reserves.

The Philippines, whose forces are dwarfed by its giant neighbor in an increasingly tense stand-off over some reefs and shoals, sought UN arbitration in January 2012 to settle the dispute, but China has rejected the move.

China's foreign ministry spokesman Hong Lei warned the Philippines on Wednesday against proceeding with the UN case.

"China will never accept nor participate in the international arbitration unilaterally initiated and pushed by the Philippines, and China's position has a solid basis in international law," Hong told a news conference in Beijing.

"We hope that the Philippine side... returns to the right track of resolving the dispute through negotiation and consultation as soon as possible, (and) stops going any further down the wrong track so as to avoid further damage to bilateral relations."

The Philippine case alleges that Chinese claims to areas of the West Philippine Sea and its seabed cover areas as far as 870 nautical miles (1,611 kilometers) from the nearest Chinese coast, and are thus illegal under the UN Convention on the Law of the Sea.

Both countries are signatories to the 1982 treaty.

In the latest hostile encounter between the two, Chinese coastguard ships this month blocked two Filipino-flagged vessels headed for Second Thomas Shoal in the Spratly group, around 200 kilometers (125 miles) from the western Philippine island of Palawan.

The Philippines said the vessels were bringing supplies to Filipino marines aboard a decrepit navy ship that it beached on the shoal in 1999.

The Philippine has also accused China of firing water cannon at Filipino fishermen near Scarborough Shoal, another South China Sea outcrop. - with a report from Agence France-Presse

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 09:31 #6

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www.reuters.com/article/2014/03/27/us-philippines-china-tribunal-idUSBREA2Q23720140327

Manila raises stakes with Beijing, seeks arbitration over South China Sea
By Greg Torode and Manuel Mogato
HONG KONG/MANILA Thu Mar 27, 2014 4:34pm EDT

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海牙 仲裁庭 网站发布的菲律宾诉中国仲裁案消息 2014-03-30 10:12 #7

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www.pca-cpa.org/showpage.asp?pag_id=1529

菲律宾诉中国仲裁案:
The Republic of the Philippines v. The People’s Republic of China

Press Releases
First Press Release (English), dated 27 August 2013  www.pca-cpa.org/showfile.asp?fil_id=2311
First Press Release (Unofficial Mandarin Chinese translation), dated 27 August 2013 仲裁庭确定程序规则及初步时间表 仲裁庭确定程序规则及初步时间表  www.pca-cpa.org/showfile.asp?fil_id=2313

Documents
Rules of Procedure  www.pca-cpa.org/showfile.asp?fil_id=2504

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 11:13 #8

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worldnews.net.ph/assets/uploads/pdfs/2014-03-29/pdf_file.pdf

菲律宾 世界日报 World News
2014年3月29日 worldnews-press@yahoo.com;worldnewsads@yahoo.com.
網址:
www.worldnews.net.ph
(星期六)

菲明向國際海洋法庭提交答辯書
總統府:準備好應對中國反制

  【本報訊】對於中國在菲政府就西菲律濱海的領海糾紛向國際海洋法庭(ITLOS)提交訴訟後可能做出的行動,馬拉干鄢表示已做好了應對的準備。
  總統府在有關報告指出:一旦菲律濱提出訴訟,中國將對之進行制裁行動後做出該反應。
  總統府副發言人描地女士週五說:“最好去問中國意欲進行何種行動。但至少對菲律濱政府來說,當初在討論提出訴訟時就已考慮過各種可能因素。”
  該訴訟還包括菲律濱對中國將整個西菲律濱海劃在“九段線”內的立場。
  描地說,一旦ITLOS做出有利菲律濱的判決,那將堅定菲律濱的立場。
  當被問及由於ITLOS沒有執行權,那麼該有利判決將如何幫助菲律濱時,描地做出該答覆。
  她說:“假設它做出了有利的判決,那麼它將進一步穩固菲律濱的立場,因為它是法庭的判決,該法庭是由多個成員國根據國際法賦予的權力來對這些事件進行裁決。”
  馬尼拉將於週日按計劃提出該“訴訟狀”,它將要求聯合國仲裁法庭研究菲律濱所提出的,中國將部分菲律濱領土劃入其轄區的指控。
  中國聲稱擁有該海域的大部分戰略性重地,其中包括位於各主要海域分界線的小島和島礁,這些地方據稱蘊藏著大量石油和天氣氣。
 菲律濱在這些島礁的局勢越加白熱化後,因其防禦能力較該強勢的鄰國來說不足為道,轉而尋求聯合國仲裁法庭介入調解該糾紛,但
中國一直拒絕應訴。
  洪磊在北京舉行新聞發佈會時說:“中國永遠不會接受或參與該由菲律濱單方面提出的國際仲裁,而且中國的立場在國際法中有理可循。”
  他說:“我們希望菲律濱方面......應盡快返回談判桌,通過談判及協商,才是解決糾紛的正確途徑,(並)不要執迷不悟,以免進一步傷害雙方的關係。”
  菲律濱方面指控中國將西菲律濱海及其海底領域劃入其轄區,該海域距最近的中國海岸約870海哩(1,611公里),因此認定它違反聯
合國海洋法。
  兩個國家都是該1872年公約的簽署國。
  兩國之間最新的衝突是中國海警船隻於本月份阻止兩艘菲船隻前往亞尤銀礁(仁愛礁),該地區離菲西部島嶼巴拉灣約二百公里(125哩)。
  菲律濱說,該兩艘船欲前往於1999年在該地區附近坐灘的菲海軍軍艦,為船上的海軍成員送去補給品。
  菲律濱同時指責中國在黃巖島附近用水炮驅逐菲籍漁民。

---------------
若法庭作出有利於菲裁決
路透社:其他聲索國或傚仿菲

  【路透社岷里拉二十八日電】下週,菲律濱將把它與中國在有爭議的南海的爭執交給海牙的國際法庭仲裁,使北京首次必須為
這個海域不斷緊繃形勢接受國際法律的審查。
  由美國人及英國人組成的律師小組稱:岷里拉尋求根據聯合國海洋法公約確認它在其二百海里專屬經濟區領海內的權利。
  專家表示,雖然國際法庭沒有警察權力執行它的裁決,但由五名法官組成的該國際法庭的判決將能促使南海其他主權聲索國向北京提出同樣的挑戰。
  以九段線地圖把南海的約百分之九十海域劃歸其版圖的中國已拒絕參加這起訴訟案。
  菲律濱、越南、馬來西亞、汶萊及台灣也聲索南海的部份主權,這片廣袤的海洋據稱蘊藏有豐富的能源。
  聯合國海洋法公約賦與每一個國家有十二海里的領海控制權。在其二百哩範圍內有探勘、開採及管理其自然資源的主權。但中國卻聲索岷里拉專屬經濟區海域內的數個島嶼及灘礁的主權。
  菲律濱法律組的首席律師賴克勒告訴路透社說:為了趕上國際法庭規定的三月三十日的期限,菲法律組已定於週日把陳情書電傳給法庭仲裁,早在二零一三年一月,岷里拉已把它的初步訴狀呈交給法庭。賴克勒是美國霍格法律公司的律師。
  法律專家表示,國際法庭需要數個月的時間審理此案。
  外交官及專家稱:雖然受到來自中國的推遲把訴狀及陳情書提交給國際法庭的壓力。但岷里拉不會理會北京的這個要求。
  設於堪培拉的澳洲防務力量學院的卡爾 ̇塞耶說:“雖然在爭執激化期間,岷里拉受到撤銷訴訟的壓力,但菲政府堅持他們要走的途徑。”
  菲律濱外交部長黎 ̇羅沙溜說:仲裁的結果將可厘清岷里拉在它的專屬經濟區範圍內是否有捕魚開發資源及執法的權力。
  黎 ̇羅沙溜在最近舉行的商業座談會上說:“我們認為交給國際法庭仲裁是友好及可永久解決糾紛的一個公開的方法。”
  中國於本週重申它不會參與這起訴訟案件。
  中國外交部發言人洪磊週三在記者會上說:“我們要求菲律濱停止這種錯誤的行動,進一步走在這條錯誤的路上,將拿傷害兩國的雙邊關係。”
  洪磊強調:“中國捍衛主權及領土完整的決心是不會動搖的。”
  一名地區外交官說:“中國隱約在幕後施加壓力,嘗試在東盟成員國之間孤立菲律濱。”
  由於問題的敏感性,而要求不透露姓名的這名外交官說:“中國讓我們知道它很憤怒,它傳達的信息,明顯要求不要支持菲律濱的做法。”
  越南的外交人士告訴路透社:中國曾向河內施壓不要加入這個訴訟案。越南外交部一名發言人上個月說:河內保留它要使用所有必須及適當的和平方法來捍衛它的主權的權力。
  馬來西亞政府也沒有表示他們要在國際法庭要求仲裁的計劃。

----------------------
[社论]国际法庭将如何仲裁

  明天是三月三十日,這是聯合國海洋法法庭接受菲方提出的南海主權仲裁案“答辯書”的最後日子,菲律賓政府日前表示,將如期向國際法庭提出該檔。總統副發言人描地夫人昨天表示,菲方已經做好中國作出任何行動的準備。
  針對南海領土主權的爭執,菲律賓於二零一二年一月二十一日向聯合國海洋法法庭要求仲裁。中國外交部發言人洪磊三月二十六日答記者問時表示:“中方對菲律賓單方面提起並強推仲裁堅持不接受、不參與的立場,這一立場有著充分的國際法依據。”洪磊發表這番談話後,菲律賓一名官員透露說,根據他獲得的消息,如果菲方向國際法庭提出“答辯書”,中方將對菲方實施制裁,如禁止菲律賓香蕉對華進口,等等。
  關於南海島嶼主權的爭執,中方主張雙方通過談判解決。菲方認為,中國這麼強大,通過談判無法得到希望得到的東西,因此拒絕中方的建議,於去年單方面要求國際法庭進行仲裁。對菲方向國際法庭“求救”,中方表示反對,採取“不接受、不參與”的立場。
  那麼針對這場“獨腳戲”,聯合國海洋法法庭將如何處理?
  目前聯合國海洋法法庭的庭長是日籍柳井俊二,已受理了這個案子。根據程式要求菲方提出立場書。經過審議後國際法庭將作出裁決。不過,由於中方採取不接受仲裁的立場,即使國際法庭作出裁決,也沒有任何約束力。
  國際法庭作出的裁決沒有約束力這一點菲方是知道的,那麼,為什麼繼續向國際法庭提交“答辯書”呢?菲方的算盤是,即使沒有約束力,只要法庭作出對菲方有利的決定,可以加強菲方的立場,有利於它繼續對南海島礁的聲索。描地夫人昨天在答記者問時說,國際法庭的有利裁決將加強菲方的立場。
  對南海島嶼主權的聲索,現在菲律賓的主要依據是,根據《聯合國海洋法公約》關於二百海裡專屬經濟區的規定,這些島嶼位於菲律賓二百海裡專屬經濟區內,因此是菲律賓領土。那麼這是不是說,由於黃岩島、仁愛礁等島嶼位於菲律賓二百海裡專屬經濟區內,這些島嶼就屬於菲律賓?這一點難說,如果這些島礁早有歸屬,二百海裡專屬經濟區的規定並不能作為領土主權的依據。
  聯合國海洋法法庭最終將會作出如何的裁決呢?
  不外是兩個可能:一是作出對菲方有力的決定,認為這些島礁是菲律賓的領土;一是作出對中國有利的決定,認為這些島礁是中國的固有領土。如果國際法庭作出前一項決定,菲方可以此裁決大做文章;如果作出後一項決定,菲方會接受嗎?這一點描地夫人沒有說明。鑒於涉及領土主權的問題複雜,除了根據聯合國海洋法公約外,還必須照顧到歷史和現實等因素,國際法庭作出何種裁決難說。不過,由於國際法庭已經強制受理了這個案子,目前中國的處境比較被動。

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 11:20 #9

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www.fmprc.gov.cn/mfa_chn/fyrbt_602243/t1141109.shtml

2014年3月26日外交部发言人洪磊主持例行记者会
2014/03/26

  2014年3月26日,外交部发言人洪磊主持例行记者会。

  问:菲律宾将于本周末正式将中菲南海争议提交国际仲裁。中方对此有何评论?

  答:中方对菲律宾单方面提起并强推仲裁坚持不接受、不参与的立场,这一立场有着充分的国际法依据。中方维护国家主权和领土完整的决心和意志坚定不移。希望菲方充分认识到南海问题的复杂性和敏感性,尽快回到通过谈判协商解决争端的正确轨道上来,不要在错误的道路上越走越远,以免给两国关系带来进一步的损害。

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 12:40 #10

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www.chinadaily.com.cn/china/2013-02/19/content_16238133.htm

China rejects Philippines' arbitral request
Updated: 2013-02-19 20:33
( Xinhua)
Comments Print Mail Large Medium Small

BEIJING - The Chinese government has rejected a Philippine move to take their dispute regarding sovereignty issues in the South China Sea to the United Nations for arbitration, a Foreign Ministry spokesman said Tuesday.

"Chinese Ambassador to the Philippines Ma Keqing had an appointment with officials from the Philippines' Foreign Ministry on Tuesday and returned a note and related notice after expressing China's rejection," spokesman Hong Lei said at a daily press briefing.

"The note and related notice not only violate the consensus enshrined in the Declaration on the Conduct of Parties in the South China Sea (DOC), but are also factually flawed and contain false accusations," Hong said.

China is committed to addressing the dispute through bilateral talks, Hong said, noting that the consensus in the DOC states that disputes should be solved through talks between the nations directly involved.

Hong reiterated that China has sufficient historical and jurisprudential evidence to support its claim to the Nansha islands, which are located in the South China Sea, and their adjacent waters.

"China hopes the Philippines will honor its commitment by not taking any action that could complicate the issue, positively respond to China's proposal to establish a bilateral dialogue mechanism on maritime issues and work to solve the issue through bilateral negotiations," Hong said.

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 12:44 #11

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world.huanqiu.com/exclusive/2014-03/4938545.html

菲方不顾中国警告将继续对南海提起主权诉讼
2014-03-28 17:13 环球网 我有话说 字号:TT

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新闻系列:菲律宾提交争端给联合国海洋法公约仲裁法庭 PH to pursue arbitration 2014-03-30 13:25 #12

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worldnews.net.ph/post/5036

“中國想怎樣做請便”
總統府連續第二天發聲:
大標題
本島
2014年03月30日

  【本報訊】由於得到國際的支持,馬拉干鄢週六表示,政府已做了準備不論它的巨人鄰國要怎樣對待菲律濱,它都堅持把與中國的領土爭執交給聯合國仲裁。
  岷里拉已決定於週日(岷里拉時間)在聯合國挑戰北京的以九段線聲索幾乎整個南海的主權,包括菲律濱專屬經濟區範圍內的部分地區。
  總統副發言人描地在政府的DZRB電台說:“只要是對的事,政府將盡力去做,為了國家及人民,政府會堅持做對的事。”
  她補充說:“關於領土爭執,菲律濱會做它認為對的事,而中國也可以做它喜歡的事。”
  外交部長黎˙羅沙溜分別會見了美國國務卿克里及日本首相安倍晉三,兩人都表示支持菲律濱把與中國的爭執交給聯合國仲裁。
  描地說:“雖然我們得到國際社會的支持,每個人都同意任何海洋上的爭執都需要以和平方法來解決。”
但,描地表示,儘管岷里拉挑戰北京對南海的主權聲索,應該不會對兩國多方面關係造成損害。
  描地說:“我們希望不會發生損害,我們的立場是鄰國之間會有問題及糾紛,但同時,我們也有多方面的關係。”
  她補充說:“雖然有這樣的爭執,然而我們的友誼是多方面的。”
  當被問及,在面對來自中國的壓力下,政府是否會期待東盟其他的成員國會支持菲律濱的仲裁訴訟,描地對這個問題沒有明確的回答。
  描地說:“以我們的立場而言,為了國家的利益,我們將堅持到底。”

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 17:20 #13

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www.dfa.gov.ph/index.php/2013-06-27-21-50-36/dfa-releases/2460-statement-of-secretary-albert-f-del-rosario-on-the-submission-of-the-philippines-memorial-to-the-arbitral-tribunal

Statement of Secretary Albert F. del Rosario on the Submission of the Philippines’ Memorial to The Arbitral Tribunal
30 March 2014

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 17:27 #14

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PH files 4,000-page ‘memorial’ vs China before int’l court
By Kristine Angeli Sabillo
INQUIRER.net
1:19 pm | Sunday, March 30th, 2014
Read more: globalnation.inquirer.net/101265/ph-sends-memorial-vs-china-to-intl-court#ixzz2y640u4tF

Phl submits papers vs China
By Pia Lee-Brago (The Philippine Star) | Updated March 31, 2014 - 12:00am
www.philstar.com/headlines/2014/03/31/1307100/phl-submits-papers-vs-china

Philippines Sues China to Assert Claim Over Gas-Rich Waters
By Joel Guinto and Norman P. Aquino Mar 31, 2014 11:10 AM GMT+0800
www.bloomberg.com/news/2014-03-30/philippines-calls-china-threat-to-security-over-isles-squabble.html

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 17:43 #15

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news.xinhuanet.com/mil/2014-03/31/c_126334143.htm
菲律宾闯礁告状闹南海 四千页状纸挑战九段线
2014年03月31日 07:00:36 来源: 环球时报

online.wsj.com/news/articles/SB10001424052702304157204579470951200661852.html
Philippines Seeks Arbitration at U.N. Over China's Claims in South China Sea
By James Hookway
Updated March 30, 2014 11:31 a.m. ET

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 18:00 #16

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US Pressure Statement:
Philippines: South China Sea Arbitration Case Filing

Press Statement
Marie Harf
Deputy Department Spokesperson, Office of the Spokesperson
Washington, DC
March 30, 2014
www.state.gov/r/pa/prs/ps/2014/03/224150.htm

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 18:04 #17

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www.fmprc.gov.cn/mfa_chn/fyrbt_602243/t1142318.shtml

外交部发言人洪磊就菲律宾向中菲南海争端仲裁庭提交诉状答记者问
2014/03/30

  问:据报道,3月30日,菲律宾外交部在马尼拉举行新闻发布会,菲外长德尔罗萨里奥在会上发表声明,称菲方按照中菲南海争议国际仲裁庭《程序规则》的规定,已于当日向仲裁庭提交了诉状。请问中方对此有何评论?

  答:中国在南海问题上的立场是明确的、一贯的。中国对南沙群岛及其附近海域拥有无可争辩的主权。

  中方已多次表明不接受菲方就中菲南海争端提起的国际仲裁。这一立场不会改变。对于岛礁主权争议和海域划界问题,中方始终坚持与有关当事国直接谈判解决争议。这是中国与东盟国家共同签署的《南海各方行为宣言》的明确规定,也是中菲双方在一系列双边文件中达成的共识。菲方有义务履行自己的承诺。

  不论菲方对其诉状如何包装,中菲之间争议的直接原因,是菲方非法侵占中国南海的部分岛礁,问题的实质是双方围绕岛礁主权和海域划界的争端。2006年,中国依据《联合国海洋法公约》作出声明,已将上述争端排除出仲裁程序。中国拒绝菲方提出的仲裁有充分的国际法依据,中国作为《公约》缔约国的合法权利理应得到尊重。

  中方敦促菲方全面、有效落实双方多次确认的共识和《南海各方行为宣言》,重新回到通过双边谈判解决争议的正确轨道上来。

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 18:06 #18

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www.chinausfocus.com/china-news/china-insists-on-bilateral-talks-on-disputes-on-south-china-sea/
China insists on bilateral talks on disputes on South China Sea
Xinhua News
March 31, 2014

China on Sunday urged the Philippines to stick to their consensus and the Declaration on the Conduct of Parties in the South China Sea (DOC) and return to the correct path of bilateral talks in resolving disputes.

China will not accept international arbitration filed by the Philippines on the South China Sea, Chinese Foreign Ministry spokesman Hong Lei said in a statement, and gave his explanation.

He said that China holds a clear and consistent stance that it has indisputable sovereignty over the Nansha Islands and its adjacent waters.

China has always adhered to direct bilateral negotiations with relevant country to solve dispute of sovereignty over islands and maritime demarcation, Hong said.

He added that the position is in line with the Declaration on the Conduct of Parties in the South China Sea (DOC) signed by China and the ASEAN nations as well as the consensus reached by China and the Philippines in a series of documents.

He urged the Philippines to fully and effectively implement the consensus that has been repeatedly confirmed by both sides and the DOC and come back to the right track of bilateral negotiation.

The direct cause of the disputes between China and the Philippines on South China Sea is the Philippines illegally occupied some Chinese islets, Hong said, noting that the nature of the issue is bilateral disputes on sovereignty over islands and maritime demarcation.

Hong stressed that China has made a statement in accordance with the UN Convention on the Law of the Sea (UNCLOS) in 2006, pointing out that relevant disputes does not apply to arbitration procedure.

China's stance is in full compliance with international law, Hong said, noting that its legitimate rights should be respected.

The Philippines on Sunday filed a formal plea to an international tribunal on South China Sea dispute.

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 18:11 #19

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english.people.com.cn/90883/8584641.html

Commentary gives China's reasons for refusing arbitration on South China Sea issue
(Xinhua) 07:30, April 01, 2014

BEIJING, April 1 -- China will neither accept nor participate in international arbitration unilaterally pushed forward by the Philippines on the South China Sea disputes, said a commentary published on Tuesday's People's Daily.

The act of the Philippine side is against the international law and the historical truth as well as against morality and basic rules of international relations, said the commentary.

On January 22, 2013, the Philippines presented a note to China, saying it would submit the South China Sea dispute to the compulsory dispute settlement mechanism under the UN Convention on the Law of the Sea (UNCLOS).

On Sunday, the Philippines filed a formal plea to an international tribunal on the dispute.

The Chinese government had reiterated on several occasions that the core of South China Sea dispute between China and the Philippines is about the sovereignty over part of the isles of the Nansha Islands and overlapping claims of jurisdiction of waters in the South China Sea, said the commentary.

The dispute over territory sovereignty does not apply to the UNCLOS, the commentary said. In addition, China had made a statement in accordance with the UNCLOS in 2006, noting that such disputes as ocean boundary and historical rights are not subject to UNCLOS compulsory dispute settlement mechanism.

As is widely known, the South China Sea Islands, including the Nansha Islands, have long been China's territory since ancient times, a fact that has been accepted or acquiesced in by many countries including the Philippines.

In the 1970s, the Philippines sent troops and invaded some of these islands, severely violating the Charter of the United Nations and the international norms.

Instead of withdrawing from the invaded Chinese territory, as China had been requesting, the Philippines further provoked China and pushed forward the so-called international arbitration, a move that is both illegal and unreasonable, the commentary said.

China has consistently contended that the disputes surrounding the South China Sea should be solved through consultations and negotiations of directly involved parties, a consensus also agreed on by the Philippine side.

The attempt to push forward the dispute to the arbitration by the Philippines is an act lacking credibility, the commentary said.

By doing so, the Philippines attempted to solicit international sympathy through disguising itself as a small and weak country, it said.

Meanwhile, the Philippines tried to defame China by allegedly safeguarding the international rule of law, and attempted to legalize its invasion of Chinese islands through the arbitration.

The Chinese government has firm resolution to safeguard its sovereignty, and it is in accordance with the international law that China refuses to accept the arbitration, the commentary said.

While the Philippine side tried to shut the door of bilateral talks by unilaterally pushing forward the arbitration, China has kept its door of negotiations open all the time.

China urges the Philippine side to correct its mistake, adhere to its promises, and come back to the right track of bilateral negotiations, said the commentary.

The arbitration move pushed by the Philippines will not impair China's determination and willpower to safeguard national sovereignty and maritime interests and rights, nor will it change China's constant stand and policy in dealing with the South China Sea issue, said the commentary.
(Editor:LiangJun、Yao Chun)

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www.philstar.com/headlines/2014/04/01/1307607/japan-backs-philippines-legal-move-vs.-china
Japan backs Philippines' legal move vs. China
By Camille Diola (philstar.com) | Updated April 1, 2014 - 5:15pm

www.philstar.com/headlines/2014/04/02/1307772/phl-germany-share-same-values-territorial-integrity-says-minister
Phl, Germany share same values on territorial integrity, says minister
By Pia Lee-Brago (The Philippine Star) | Updated April 2, 2014 - 12:00am

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 18:33 #21

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opinion.people.com.cn/n/2014/0401/c1003-24787989.html
人民日报评论员:滥用国际法律程序的图谋不可能得逞
——评菲律宾在南海问题上之妄诉

本报评论员
2014年04月01日07:16 来源:人民日报

  2014年3月30日,菲律宾政府不顾中国政府不参与、不接受国际仲裁的立场,向国际仲裁庭单方面提交了所谓诉状。菲方还利用媒体大肆炒作,歪曲事实,曲解法律,对中国进行不实指责。中国政府理所当然加以拒绝。菲律宾滥用国际法律程序,对中方施压的政治图谋不可能得逞。

  中国为什么不接受菲单方面提起的仲裁

  2013年1月22日,菲律宾照会中方,将中菲南海争议提交《联合国海洋法公约》强制争端解决程序。对此,中方多次指出,中菲南海争议的核心是南沙群岛部分岛礁的领土主权争议和管辖海域主张重叠争议。领土主权争议并不是《公约》规范事项,不属于《公约》解释或适用的争端,因而《公约》的强制争端解决程序不能适用。至于中菲在南海部分海域还存在管辖海域主张重叠问题,中国作为《公约》缔约国,早在2006年就根据《公约》有关排除性条款做出声明,将包括海洋划界、历史性权利等争端排除于《公约》的强制争端解决程序之外。因此,中菲间的海域划界等问题,菲方不能在未经中方同意的情况下单方面提交仲裁。

  众所周知,包括南沙群岛在内的南海诸岛自古以来就是中国领土。二战结束之后,根据战后一系列国际文件的规定,国民政府于1946年从日本侵略者手中收复了这些岛礁。战后相当长一段时间里,包括菲在内的国家,都承认或默认南海诸岛属于中国的事实。直到上世纪70年代,菲律宾才觊觎南沙群岛,并派兵悍然侵占中国的部分岛礁。这些侵占行为严重违反《联合国宪章》和国际关系基本准则,中国政府历来坚决反对,并多次要求菲律宾从侵占的中国领土上撤出。菲不但不改正错误,反而进一步挑衅,提起所谓国际仲裁,是非法的、无理的。

  对于南海争议的解决途径,中国政府一贯主张由直接当事方协商和谈判加以解决。这既是中菲双方在一系列双边文件,如从2000年5月中菲关于21世纪双边合作框架的联合声明到2011年9月的中菲联合声明等文件中所达成的重要共识,也是2002年中国和包括菲律宾在内的东盟国家共同签署的《南海各方行为宣言》的一项重要原则。中方和绝大多数的签字方始终积极推动落实《宣言》。显然,菲方背弃了双边共识和《宣言》承诺,是一种严重缺乏国家诚信的行为。

  菲方及其背后势力煞费苦心,欲强行拖中国进入仲裁,利用《公约》相关机制的缺陷,在仲裁庭组成和程序规则方面大做手脚,欲陷中国于不利地位。由此可见,菲方单方面将南海争议提交国际仲裁,既违反了包括《公约》在内的国际法,又违背基本的历史事实,既背弃了国际道义,又背离了国际关系的基本准则。中国政府坚持不接受、不参与仲裁,于情有理,于法有据。

  菲律宾瞎打“官司”何以欺世盗名

  菲律宾自知将中菲南海争议付诸《公约》规定的争端解决程序面临无法逾越的法律障碍,于是就采取歪曲事实,曲解法律的手段,企图绕过2006年中国所做出的排除性声明,将岛礁主权和划界争议包装成国际仲裁庭可以受理的《公约》解释或适用的争端。这似乎是在竭力告诉人们,中菲之间的南海争议,既不关乎岛礁争议,也不关乎海域划界。但揭开这层包装,人们一眼就能看出中菲南海争议的核心和实质。正如外交部发言人多次所阐明的,中菲之间争议的直接原因,是菲方非法侵占中国南海的部分岛礁,问题的实质是双方围绕岛礁和海域划界的争端。为了达到其目的,菲方采取了偷梁换柱,避实就虚的伎俩,诡称菲方的诉求不涉及岛礁主权归属和划界问题,只请求仲裁庭就中国驻守的有关礁是岛、礁、还是水下地物作出裁决,并裁定这些岛礁能否拥有200海里的专属经济区和大陆架。然而,根据“陆地统治海洋”的原则,领土或岛屿主权是海洋权益的前提和基础,海洋权益是领土岛屿主权所派生。岛礁归属及其可主张的海洋权益原本是一个问题的两个方面,两者密不可分,前者是根本。如果岛礁的归属未定,如何确定其海洋权益,包括其在海洋划界中的作用?而菲律宾为了将中菲南海争议包装成表面上符合仲裁庭受理标准的“争端”,故意将它们割裂开来。对此,人们不禁要问:皮之不存,毛将焉附?

  菲方如此费尽周折,其目的无非有三:一是以小国弱国形象骗取国际同情;二是以维护国际法治的所谓“正面”形象抹黑中国;三是通过提起仲裁“暗度陈仓”,企图将侵占岛礁的行为合法化。但是,菲律宾不要忘记,中国自古以来就对南沙群岛行使主权和管辖权,南沙群岛是全中国人民在抗日战争的浴血奋战中夺回的国土,包括南沙群岛在内的南海诸岛的主权早在二战后就已经在法律上和事实上完全回归了中国。菲方应把非法侵占的中国岛礁还给中国。中国政府维护主权的决心坚定而明确,中国不接受仲裁拥有充分的国际法依据。菲律宾机关算尽,最后的结果只能是竹篮打水一场空。

  协商谈判才是解决中菲南海争议的真正途径

  中国政府历来主张以协商和谈判的方式解决陆地和海上争议。多年来,中国同陆上邻国通过平等友好谈判,解决了大部分陆地边界问题,也通过谈判公平解决了与越南在北部湾的海洋划界问题。国际实践表明,协商谈判是解决此类问题的最佳道路。

  当前,在中国和大多数东盟国家的努力下,南海形势总体稳定,从中菲关系和东南亚地区和平稳定大局出发,中方一贯致力于通过协商和谈判同菲方解决争端。双方也达成了“循序渐进进行合作,最终谈判解决双方争议”的重要共识,在这方面中菲间曾有过很好的合作。

  中方愿继续为维护南海和平稳定做出努力,为中菲关系得到改善和发展做出努力。中方有决心、有信心、有耐心推进与菲方的直接谈判。菲方虽然单方面提起仲裁,企图关闭双边谈判的大门,但中方谈判协商的大门始终是敞开的。中方敦促菲方纠正错误做法,恪守承诺,早日回到双边谈判解决争议的正确轨道上来。

  俗话说,有理不在声高。对于菲方强行推动的仲裁,中国既不理亏,也不惧怕。菲提起的仲裁撼动不了中国维护国家主权和海洋权益的决心和意志,也改变不了中国处理南海问题的一贯立场和做法。

  《 人民日报 》( 2014年04月01日 06 版)

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ph.china-embassy.org/eng/sgdt/t1143881.htm


China's Position on the Territorial Disputes in the South China Sea between China and the Philippines
--by Zhang Hua
(2014/04/03)

On March 30, the Philippine Department of Foreign Affairs stated that it submitted its Memorial to the Arbitral Tribunal that is hearing the case it brought against China under the United Nations Convention on the Law of the Sea in January 2013. A lot of media friends ask for comments on this issue. In order that China's position is clearly understood, I would like to elaborate on the following issues.

1. The Philippines' initiation of and push for international arbitration has undermined China-Philippines relations.

Under normal circumstances, submission of dispute to international arbitration requires an agreement reached between the two parties concerned. Yet, the Philippine side had failed to notify the Chinese side, not to mention seeking China's consent, before it actually initiated the arbitration. After the Philippine side initiated the arbitration, the Chinese side promptly made its position clear that China does not accept the arbitration. The Philippine side, in disregard of China's position, has insisted on going ahead with the arbitration. What the Philippine side did seriously damaged bilateral relations with China. We find it very hard to understand these moves of the Philippines and we are deeply disturbed by and concerned with the consequence of such moves.

2. Why does China not accept the arbitration?

First, China is committed to resolving its disputes with the Philippines through bilateral negotiations.

China and the Philippines have between them territorial and maritime disputes. And it is just natural that disputes might exist between neighbors. What is important is how to resolve the disputes.

In both international law and international practices, direct negotiation between countries concerned is the most common and preferred way to resolve such disputes. Negotiations may well take time, but agreement reached through negotiations is acceptable to both parties, and is hence the most equitable and durable. International justice or arbitration is one way of settling international disputes, but it does not offer a solution to all problems. In reality, there have been quite a number of cases where international judicial or arbitral bodies passed a ruling, but relevant issues still remained unresolved.

It is advisable to note that to resolve disputes over territory and maritime rights and interests through negotiations by the sovereign states directly concerned is an important consensus contained in the Declaration on the Conduct of Parties in the South China Sea signed by China and all ASEAN countries, the Philippines included. Now that the document is signed, all parties should honor their commitment. Moreover, China and the Philippines also have reached explicit consensus at the bilateral level on settling disputes through negotiations. In the joint statement on the issue of Nansha Islands released in August 1995, China and the Philippines agreed that "a gradual and progressive process of cooperation shall be adopted with a view to eventually negotiating a settlement of bilateral disputes". In the Joint Statement Between China and the Philippines on the Framework of Bilateral Cooperation in the 21st Century issued in May 2000, the two sides agreed "to promote a peaceful settlement of disputes through bilateral friendly consultations and negotiations in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea". In September 2011, China and the Philippines issued a joint statement, in which leaders of the two countries "reiterated their commitment to addressing the disputes through peaceful dialogue."

China has had rich practices in successfully settling boundary, territorial and maritime disputes through negotiations. China's 14 land neighbors all have vastly different national conditions. On the basis of respecting historical facts and international law and in the spirit of equality and mutual understanding, China has conducted peaceful and friendly negotiations and consultations with these countries and settled most of the boundary and territorial issues in an equitable and reasonable way. China has so far successfully solved the boundary issues with 12 of its land neighbors, and delineated and demarcated 20,000 kilometers of boundary, which accounts for 90% of China's total land boundary with neighbors. China's position and practices are the same concerning maritime disputes, which came up at a relatively later time. In 2000, China and Vietnam equitably delineated the maritime boundary in the Beibu Gulf and, along with it, signed the Agreement on Fishery Cooperation in the Beibu Gulf. We see no reason why China should abandon such successful practices that it has upheld for long.

Second, China's refusal to accept the arbitration is an exercise of its right under international law.

According to international law, China has every right not to accept the arbitration initiated by the Philippines. This is also in conformity with international practice.

The Philippines' initiation of arbitration is based on the United Nations Convention on the Law of the Sea. However, the framework of the Convention is not applicable to all maritime issues. First, the disputes between China and the Philippines are principally territorial disputes over islands, which are not covered by the Convention. Second,according to the Convention, in case of disputes over territory, maritime delineation and historic title or rights, a signatory to the Convention may refuse to accept the jurisdiction of any international justice or arbitration as long as it makes a declaration. So far, 34 countries have made such declarations based on this provision. China made its declaration back in 2006. So why can't China exercise its lawful right?

In international practice, when their major national interests or positions are involved, many countries have taken the position of not accepting the jurisdiction nor enforcing the rulings of related international litigation or arbitration. Among them are both big countries like the United States and small and medium-sized countries. This is a commonplace practice.

To accuse China of disobeying international law on the ground that it has not accepted the arbitration is an act of applying "double standards". This is not fair to the Chinese side. And it does not conform to the true spirit of international rule of law. In fact, and much to the contrary, China's refusal to accept the arbitration submitted by the Philippine side is an act truly in keeping with the law.

Third, a resort to arbitration does not meet people's expectations for friendship in both China and the Philippines.

Territorial and maritime disputes are not the entirety of the China-Philippines relationship. The underlying trend of this relationship remains good-neighborliness and friendship. China-Philippines friendship has a long and profound history and enjoys strong and extensive public support. It also meets the practical need for both countries to pursue common development. For the Chinese people, to avoid lawsuit is part of the Chinese culture and tradition. And the Philippine people also value friendship and good faith. We see every reason for both sides to sit down and resolve problems through negotiations instead of taking the issue to court.

3. It is China's sincere wish that the disputes between China and the Philippines will be settled through bilateral negotiations.

China has long exercised sovereignty over the Nansha Islands. After the Second World War, China recovered the Nansha Islands occupied by Japanese aggressors in 1946 and took a series of steps to confirm and reaffirm its sovereignty over the Nansha Islands. At that time, the Philippines, an independent country already, made no objection to China's moves. It was only after oil reserves were discovered in the 1970s in the waters surrounding the Nansha Islands that the Philippines began to claim sovereignty over these islands and sent troops to occupy some of the islands and reefs. The Chinese side has for many times made diplomatic representations with the Philippine side over its behavior and demanded that the Philippines stop infringing upon China's sovereignty and jurisdiction.

Meanwhile, acting in the larger interest of China-Philippines relations and peace and stability in Southeast Asia, and proceeding from China's consistent approach in handling such issues, China has adhered to resolving its disputes with the Philippines through negotiations. Starting from the 1970s, the two sides have exchanged views many times on relevant disputes and made some positive progress. In 1988, in his meeting with then Philippine President Corazon Aquino, Chinese leader Deng Xiaoping put forward the constructive approach of pursuing "joint development " in handling the disputes, which received positive response from the Philippine leader. The two sides have also made some headway in this respect and carried out some maritime cooperation, which was widely welcomed and applauded internationally.

To put the negotiations and consultations between China and the Philippines on a more institutional basis, China officially proposed to the Philippine side establishment of a "regular consultation mechanism on maritime issues" in 2010. The Philippine side indicated that it would study the proposal, but has since given no reply. In 2012, China proposed that the "CBM Working Group" established in 1999 be restarted, but has not received any response from the Philippine side. The Chinese side has found it very hard to understand why the Philippine side should unilaterally shut the door to negotiations and consultations.

I would like to emphasize that China's stance of neither accepting nor participating in the arbitration does not change and will not change. Forcing the arbitration is not conducive to the settlement of the disputes on the South China Sea between China and the Philippines, it will not change the fact that China has sovereignty over the Nansha Islands, nor will it shake China's will and resolve to safeguard its national sovereignty. We hope that the Philippine side will correct its mistake and come back to the right track of resolving the disputes through bilateral negotiations.

4. China's Basic Position on the Issue of the South China Sea

The core of the South China Sea issue rests with the territorial disputes on islands and reefs, and overlapping claims on maritime rights and interests in waters of the South China Sea, which are caused by the illegal occupation of some islands and reefs of China's Nansha Islands by some coastal countries. Formed in the long historic course, China's sovereignty and relevant rights in the South China Sea have solid historic and legal basis, and have been upheld by successive Chinese governments.

The basic guidelines for China's neighboring diplomacy is to build good-neighborly relations with and bringing harmony, security and proseprity to neighboring countries, and concentrate on the concept of amity, sincerity, mutual benefit and inclusiveness. This conforms to the traditional Chinese culture, and is the strategic option of China. As a coastal country of the South China Sea, China has always been a staunch force for maintaining peace, stability and promoting cooperation and development. China is the last country that hopes to see any turbulence in its neighborhood, including in the South China Sea, which does not meet the common aspiration and interests of all parties including ASEAN countries.

Proceeding from the overall interests of safeguarding regional peace, stability and prosperity, and on the basis of respecting historic facts and international laws, the Chinese side has always adhered to resolving relevant disputes with sovereign states directly concerned, including the Philippines, through consultations and negotiations. This has been the consistent position of the Chinese side, and conforms to the consensus that China and ASEAN countries reached in the DOC.

In September 2013, China and ASEAN countries held the Sixth Senior Officials' Meeting and Ninth Joint Working Group Meeting on the Implementation of the DOC in China. All parties exchanged views on the full and effective implementation of the DOC and enhancement of maritime cooperation. Consultations on the COC were also held under the framework of implementing the DOC. The Tenth Joint Working Group Meeting on the implementation of the DOC recently held in Singapore by China and ASEAN countries scored progress in the COC consultation process. This is in sharp contrast with the consistent provocations on the South China Sea issue by the Philippine side, and fully reflects the utmost good-will and sincerity of the Chinese side's continuous commitment to peace and stability in the South China Sea.

5. The Nature of China-Philippines Disputes in the South China Sea

China has ample historic and legal basis for its sovereignty over the Nansha Islands and their adjacent waters. China was the first to discover, name, develop and operate on the Nansha Islands. It is also the first country that exercised and has been exercising sovereign jurisdiction over the islands, which has been long recognized by the international community including the Philippines. China resolutely safeguards national territorial sovereignty, sovereign rights and interests, and remains committed to maintaining regional peace and stability.

The Philippines' territory was determined by a series of international treaties, including the Treaty of Peace between the United States and Spain in 1898, the Treaty between the United States and Spain for Cession of Outlying Islands of the Philippines in 1900 and the Convention between the United States and Great Britain Delimiting the Boundary between the Philippine Archipelago and the State of North Borneo. All these documents state that the border line of the western part of the territory of the Philippines is 118° East in longitude. China's Nansha Islands and the Huangyan Island of the Zhongsha Islands do not lie within the boundary of territory delimited by any of the above treaties or conventions. Moreover, the 1935 Constitution of the Republic of the Philippines, the Treaty of General Relations between the Republic of the Philippines and the United States of America in 1946, the Mutual Defence Treaty between the the Republic of the Philippines and the United States of America in 1951, the Republic Act No. 3046, an act to define the Baselines of the Territorial Sea of the Philippines in 1961, the Republic Act No. 5446, an act to amend Section One of Republic Act No. 3046 in 1968 reiterated the legal effect of the above three treaties or conventions and reaffirmed the scope of the Philippine territory.

In a long period of time after the WWII, there were no such South China Sea disputes between China and the Philippines, and the Philippine side never raised objection to the Chinese government's exercise of sovereignty over the Nansha Islands and their adjacent waters. Before the 1970s, there were neither legal documents nor speeches by national leaders of the Philippine side which mentioned that the Nansha Islands lied within the scope of the Philippine territory.

At the beginning of the 1970s, the Philippine side started to make territorial claims on certain islands and reefs of China's Nansha Islands. In violation of the Charter of the United Nations and the basic norms governing international relations, the Philippine side conducted military operations four times respectively in 1970, 1971, 1978 and 1980, and illegally occupied 8 Chinese islands and reefs, namely: Mahuan Dao/Nanshan Island, Feixin Dao/Flat Island, Zhongye Dao/Thitu Island, Beizi Dao/Northeast Cay, Nanyao Dao/Loaita Island, Xiyue Dao/West York Island, Shuanghuang Shazhou/Loaita Nan and Siling Jiao/Commodore Reef. The territorial disputes between China and the Philippines over certain islands and reefs of Nansha Islands thus came into being. This is the most fundamental and direct cause of relevant disputes in the South China Sea between the two countries. The Chinese side has always been firmly against the illegally infringement and occupation by the Philippine side, and has solemnly demanded the Philippine side over and again to withdraw all its personnel and facilities from China's islands and reefs.

On 11 June 1978, then Philippine President Ferdinand Marcos issued Presidential Decree No. 1596, which announced major parts of Nansha Islands as Kalayaan Islands Group of the Philippines in an attempt to provide legal basis for its illegal claims and put approximately 65,000 square kilometers of waters adjacent to Nansha Islands under the Philippines' claims. In April 2012, the Philippine warship harassed the Chinese fishing boats and fishermen conducting regular operation by force, and inflicted severe inhuman treatment on the Chinese fishermen. The Chinese side has made resolute reaction against that.

The Philippine side willfully initiated the arbitration under UNCLOS, regardless of China's legal rights as a party to the UNCLOS, and ignoring the fact that the essence of the disputes between China and the Philippines is the territorial disputes caused by Philippines' illegal occupation of the islands and reefs of China's Nansha Islands. The Philippines' arbitration proceeding completely confuses right and wrong, distorts the fact and diverts attentions. The aim of its move is to cover up the illegal nature of Philippines' infringement and provocative behaviour by the "Abuse of Process" against China, and to defraud the international community of its sympathy and support. Recently, by submitting the memorial to the arbitial tribunal, the Philippine side has launched a "Media Campaign" to smear the Chinese side by playing up the South China Sea issue and the arbitration proceeding. All these willful acts exposed the real motive of the Philippines' pushing for the arbitration proceeding.

The real purpose of the Philippine side's attack on the South China Sea dashed lines is to attempt to deny China's sovereignty over Nansha Islands and their adjacent waters, and cover up the illegality of the Philippines' occupation of some islands and reefs of China's Nansha Islands, which the Chinese side will never accept. No matter how the Philippine memorial is packaged, the direct cause of the disputes between China and the Philippines is the latter's illegal occupation of some of China's islands and reefs in the South China Sea. At the heart of the matter are the disputes between the two sides on the sovereignty over islands and reefs. The most effective approach is to resolve the disputes through friendly consultations and negotiations.

China has never thought of taking the Philippine territory. It is actually the Philippines that occupies China's islands and reefs. Some people believe that these islands and reefs are closer to the Philippines, and therefore they belong to the Philippines. This has no basis in international law. Geographical proximity has never been a criterion that determines the ownership of territory. Many countries in the world possess territories far away from their mainland or closer to other countries. All countries, big or small, should abide by the rules and stick to the truth.

As for what has happened in the South China Sea in recent years, all were provoked by the Philippines. Take the 2012 incident at Huangyan Island as an example, the Philippines harassed unarmed Chinese fishermen with a Navy ship around China's Huangyan Island, and forced them to take off clothes and stand exposed under the scorching sun. Do you think it is China that bullies the Philippines? Another example is the Ren'ai Reef. A Philippine navy ship was "grounded" off the reef in 1999, over which the Chinese side has never stopped making representations. Initially, the Philippines stated that the ship was "grounded" due to "technical malfunction", and promised to tow it away. However, 15 years have passed, instead of carrying out its promise, the Philippines is now trying to transport rebar and cement in order to build facilities on the reef. The Chinese side certainly can not just sit idly by.

6. The Consensus between China and the Philippines on the South China Sea Issue

As early as in the 1980s, the Chinese side proposed "shelving disputes and seeking joint development" to the Philippine side, which reflects China's sincerity and good faith and its adherence to international laws and practices. It has gained wide approval of the international community. However, the Philippine side did not take it seriously, nor make any positive responses.

There was clear consensus of solving disputes through bilateral negotiations between the Chinese and the Philippine sides. It is stated in the Joint Statement-PRC-RP Consultations on the South China Sea and on Other Areas of Cooperation in August 1995 that a gradual and progressive process of cooperation shall be adopted in a view to eventually negotiating a settlement of the bilateral disputes, and disputes shall be settled by the countries directly concerned. The Joint Statement between China and the Philippines on the Framework of Bilateral Cooperation in the Twenty-First Century in May 2000 states that the two sides "agreed to promote a peaceful settlement of disputes through bilateral friendly consultations and negotiations in accordance with universally-recognized principles of international laws, including the 1982 United Nations Convention on the Law of the Sea. The leaders of the two countries reiterated to address the disputes through peaceful dialogue in the Joint Statement in September 2011.

In 2002, China and the ASEAN countries including the Philippines signed the Declaration on the Conduct of Parties in the South China Sea (DOC), and the Section 4 stipulates that the parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea.

With the active facilitation by the Chinese side, China and the Philippines exchanged views on relevant disputes, and made some progress. In September 2004, with the approval of both governments and witnessed by the two heads of states, China National Offshore Oil Corporation and Philippine National Oil Company signed the Agreement for Joint Marine Seismic Undertaking in Certain Areas in the South China Sea, which was expanded into China-Philippines-Vietnam trilateral agreement in March 2005. In order to further institutionalize relevant negotiations and consultations between China and the Philippines, the Chinese side officially proposed to the Philippine side to set up a Regular Consultation Mechanism on Maritime Issues. However, the Chinese side has not received any reply from the Philippine side until today. After the Philippine side provoked the Huangyan Island incident, the Chinese side took measures safeguarding sovereignty. The Chinese side then suggested again to restart China-Philippines Consultation Mechanism for Confidence-Building Measures. So far, there has been no reply from the Philippine side. At a time when bilateral peaceful means to settle the disputes are yet to be further explored, the Philippine side shut the door for bilateral negotiations on the excuse that they have exhausted other peaceful means and the arbitration is the only option.

7. The Issue of Huangyan Island (Scarborough Shoal)

The Huangyan Island is China's inherent territory. The Philippines once clearly stated that the island is not within its territory. First, a series of international treaties defining the domain of the Philippine territory provide that the Huangyan Island is outside the territory of the Philippines. The then Philippine ambassador to Germany explicitly stated in 1990 in his letter to German radio amateurs that the Huangyan Island is not within the territory of the Philippines. The documents issued in 1994 by the Philippine National Mapping and Resources Authority as well as the Philippine Amateur Radio Association all confirmed that the Huangyan Island is outside the Philippine territorial boundary. The Philippine official map issued in 2011 also marked the Huangyan Island outside the Philippine territorial border limits.

It is absolutely justified for the Chinese side to enforce the law in its own territory and waters. The Chinese side never bullies other countries, but we stick to the principle of "not to attack unless attacked". If certain countries are tolerated to create new territorial disputes in the 21st century, would there be any rules in the world? We urge the Philippine side to stop any provocative action at the waters off Huangyan Island, so as to avoid undermining peace and tranquility of the waters.

8. The Issue of Ren'ai Reef (Second Thomas Shoal)

In 1999, a Philippine Navy vessel illegally "grounded" off the Ren'ai reef of China's Nansha Islands under the pretext of "stranding". The Chinese side has been repeatedly making representations to the Philippine side, urging the latter to tow away the ship. The Philippine side claimed that they did not tow away the ship due to "lack of spare parts". The Philippine side stated that it had no plan to build facilities on the reef, and it was not prone to provocation. Since 2003, the Chinese side has repeatedly made representations to the Philippine side, and the Philippine side claimed that as a signatory to the DOC, it would not and was not willing to become the first one to violate the DOC, and that the Philippine side had not built any construction on the reef, and posed no threats to any parties.

However, the Philippine side has not yet towed away the vessel. To make matters worse, the Philippine side has kept taking actions in an attempt to build facilities on the reef. Recently, the Chinese government vessels on routine patrol in waters off the Nansha Islands found again that the Philippine side, under the cover of reprovision to the "grounded" vessel, sent ships to transport rebar and cement in order to reinforce the facilities on the reef. There is no way for the Chinese side to accept this.

The statement released by the Department of Foreign Affairs of the Philippines on March 14 openly stated that the vessel "grounded" 15 years ago was actually meant to occupy the reef, which proves that the Philippine side has been lying for 15 years. The sitting Philippine government was not the one 15 years ago, but as a country, the Philippines is obliged to honor its commitment. A public denial of its own promise will make it lose credibility to the international community. Recently, the Philippine side has been playing up the issue of Ren'ai Reef, playing cards of sympathy everywhere, and including the issue into the so-called international arbitration, with an aim to gather sympathy and trust of the international community and legalize its occupation of the Ren'ai Reef. The Chinese side is steadfast in defending its territorial sovereignty and maritime interests and rights. The Philippines' plot is doomed to fail.

9. Freedom and Safety of Navigation

For a long time, there has been no such a problem of freedom and safety of navigation in the South China Sea. Freedom and safety of navigation in the South China Sea has not been affected by disputes of Nansha Islands, nor will there be any problem in the future. The South China Sea is the main sealane for China's trade and transportation of imported energy. To ensure freedom and safety of navigation in the South China Sea is equally important for China. The Chinese government has always maintained that the freedom of navigation of all countries in the South China Sea should be safeguarded, and has actively participated in the maritime safety cooperation in this region. The actions taken by China in safeguarding its sovereignty and maritime interests in the South China Sea do not affect other countries' freedom of navigation and overflight which are conducted in accordance with the international law. It is with ulterior motive to play up the concept of "freedom of navigation in the South China Sea". It is neither in favour of peace and stability of the region, nor conducive to efforts of defending freedom and safety of navigation.

China has the right to establish Air Defence Identification Zone (ADIZ), which is not related to and should not be linked to disputes on territorial sovereignty, maritime rights and interests, and bilateral relations. Whether to establish ADIZ or not depends on the threats to air safety and the degree of such threats. All aspects should be comprehensively taken into consideration, so this is a complicated and systematic project. The present situation in the South China Sea is generally stable. China and ASEAN countries are committed to implementing the DOC in a comprehensive and effective manner, and safeguarding peace and stability in the South China Sea. Relevant differences and disputes should be properly resolved through negotiations and consultations by countries directly concerned.

10. China is Committed to a South China Sea of Peace, Friendship and Cooperation

For a long time, the Chinese side has stayed committed to implementing the DOC together with parties concerned to safeguard peace and stability of the South China Sea, to resolve relevant disputes through negotiations and consultations with parties directly concerned, and has been upholding the proposition of "shelving disputes and seeking joint development". China has proposed a series of measures that aim to promote maritime cooperation. In November 2011, the Chinese side set up the China-ASEAN maritime cooperation fund with RMB 3 billion, in view of promoting maritime cooperation between China and ASEAN countries in the fields of environmental protection on the sea, maritime science and techono1gy, maritime connectivity, safety of navigation and rescue, as well as combating transnational crimes, and etc. In May 2013, China and relevant ASEAN countries announced the initative of the establishment of China-ASEAN maritime emergency rescue hot-line. China and relevant ASEAN countries are in close communication on the approach to properly handle the South China Sea issue. Positive progress has been achieved in maritime issue consultations and mutually beneficial cooperation. So long as all parties earnestly implement relevant consensus, adhere to consultations and negotiations, promote practical maritime cooperation and joint development, the South China Sea will become a sea of peace, friendship and cooperation.

(Zhang Hua is the Spokesperson of the Embassy of the People's Republic of China in the Republic of the Philippines)

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 19:01 #23

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www.nst.com.my/opinion/columnist/philippines-might-be-knocking-on-the-wrong-door-1.537361#

Philippines might be knocking on the wrong door
By B.A Hamzah

Read more: Philippines might be knocking on the wrong door - Columnist - New Straits Times www.nst.com.my/opinion/columnist/philippines-might-be-knocking-on-the-wrong-door-1.537361##ixzz2y6RgjQtF


菲状告中国或敲错门 中国划九段线时还没海洋法

2014-04-01 09:12

环球网

  【环球军事报道】据马来西亚《新海峡时报》3月29日报道,原题:《菲律宾可能敲错了门——联合国仲裁法庭或无权受理菲律宾诉求》,作者:国际知名海洋问题专家哈姆扎。

  文章说,位于海牙的联合国仲裁法庭让菲律宾在2014年3月30日之前提交中菲领土争端案的证据。菲律宾向法庭提出了13点请求,其中一点就是请求法庭要求中国的国内法必须和《联合国海洋法公约》(下文简称《公约》)这部多边条约保持一致。

  文章称,中国和菲律宾都是《公约》的缔约国。在向仲裁法庭提出诉求的过程中,菲律宾做了一件不合常规的事,即它假定法庭对其诉求有管辖权,而根据惯例,法庭对一个案件是否有管辖权,应该由法庭决定,而非由当事方决定。

  中国先后于2013年2月和8月通知菲律宾和仲裁法庭,中国既不应诉,也不接受仲裁决定。

  文章说,事实上,早在2006年,中国就根据《公约》第298条发表了排除性声明,指出对于《公约》第298条第1款(a)、(b)和(c)项所述的任何争端,中国不接受《公约》第15部分第2节规定的任何国际司法或仲裁管辖,而且中国将这一点通知了联合国。

  文章称,中国非常自信地认为法庭对该案缺少管辖权,因为该案涉及主权问题,而主权问题不在法庭考虑范围之内。

  菲律宾向法庭提出了三点有争议的请求:宣布中国在南中国海的海洋权利必须只能以《公约》为基础;宣布中国的“九段线”主张违反《公约》,是无效的;宣布中国应停止“这些非法活动”。

  文章表示,很多人都发现,菲律宾诉求中的一大软肋在于,它宣称中国只能根据《公约》来主张权利,却没有提到《国际法院规约》第38条的规定。

  《公约》不处理主权问题。此外,中国划“九段线”时还没有《公约》。

  文章认为,菲律宾上述照会和诉状内容太宽泛,向法庭提出的请求太模糊。无论菲律宾如何回避主权问题,其在“九段线”内攫取某些岛礁主权与管辖权的意图是非常明显的。

  一位国际法权威说:“菲律宾提出的13点请求,既不在《公约》的适用范围内,又不在仲裁法庭的管辖权范围内,仲裁法庭无权处理。”

  中国不出庭,也不承认法庭关于主权事务的审理与裁决。未经一国同意,不得让其参与国际仲裁或到庭,这在国际法上是一种既定的、根本的准则。尽管如此,文章称,法庭的裁决还是备受关注的。

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 19:07 #24

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english.people.com.cn/98649/8586579.html

Philippines push for arbitration is doomed to failure
(People's Daily Online) 13:51, April 02, 2014

In spite of China's opposition, the Philippines filed a formal plea to an international tribunal on the South China Sea dispute last Sunday. However, this legal move is doomed to failure.

Firstly, the Philippine government is attempting to circumvent the limitations of international law. The Philippine government knows perfectly well that without China's consent, the International Tribunal for the Law of the Sea (ITLOS), organized under the UN Convention on the Law of the Sea (UNCLOS), has no right to hear the sovereignty dispute over islands and reefs between China and the Philippines. China has already made a statement in accordance with the Article 298 of the UNCLOS back in 2006, pointing out that such disputes as ocean boundaries and historical rights are not subject to the UNCLOS compulsory dispute settlement mechanism.

The Philippine government has therefore racked its brains to put together its 4000-word plea. It makes no direct request for the arbitration tribunal to give a ruling on the ownership of the islands and reefs and waters of the South China Sea, but attempts to "demonstrate" that China's claim to such disputes does not meet the provisions of the Convention, so as to undermine the legal basis for China's claim on the South China Sea.

Secondly, the Philippine government is attempting to close the door to bilateral dialogue. According to Article 286 of UNCLOS, the prerequisite for submitting a maritime dispute to international arbitration tribunal is that the dispute remains unsolved after bilateral dialogue. After the Philippines provoked the Huangyan Island issue, it repeatedly emphasized its willingness to resolve the South China Sea dispute through political, diplomatic and legal channels. But it appears that the "legal" channel is a resort to international arbitration. The Philippines has no genuine intent to solve the dispute through political and diplomatic channels; on the contrary, it has snubbed China's positive responses.

In fact, China has made two proposals - to establish a regular consultation mechanism over maritime issues and to restart the confidence-building measures mechanism between the two countries - in March 2010 and January 2012 respectively. The two countries also have a history of earlier consensus, and have agreed to the Declaration on the Conduct of Parties in the South China Sea.

Thirdly, the Philippine government is living in misguided hope. The Philippines must be aware that it has no prospects of winning its case through international arbitration and it knows well that China will neither accept nor participate in the process over the South China Sea dispute. Its move is intended to create an impression that China has refused to accept the jurisdiction of the international rules and international law, in order to elicit international sympathy. The Philippines is hoping to entice international public opinion to take its side and put pressure on China. The whole process of internationalization of the South China Sea issue is a charade.

The Philippines is confident that it will rally support to its cause. It has already recruited a cheerleader in the person of the U.S. Over the past few years, the U.S. has given constant support to the Philippines in a variety of ways. But both the Philippines and the U.S. must understand that the direct cause of the dispute is the Philippines' illegal occupation of some Chinese islets.

By pushing for international arbitration, the Philippines are attempting to disguise the illegal nature of their occupation of Chinese territory. This legal ploy, though carefully devised, is doomed to failure.

For the Philippines, a pathway of dialogue and cooperation is the only sensible one.

The article is edited and translated from《菲律宾强推仲裁注定徒劳》, source: People's Daily Overseas Edition, author: Jia Xiudong (Senior Researcher at the China Institute of International Studies)

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 19:08 #25

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europe.chinadaily.com.cn/opinion/2014-04/01/content_17394014.htm

Manila's scheme abuses law
Updated: 2014-04-01 07:42
By China Forum (China Daily)

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-06 19:57 #26

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www.philstar.com/headlines/2014/03/31/1307220/us-un-asean-will-not-protect-philippines-sea-row
'US, UN, Asean will not protect Philippines in sea row'
By Camille Diola (philstar.com) | Updated March 31, 2014 - 12:23pm

www.abs-cbnnews.com/nation/04/01/14/philippines-confident-support-sea-row
Philippines confident of support on sea row
By Aurea Calica, The Philippine Star
Posted at 04/02/2014 2:53 AM | Updated as of 04/02/2014 2:53 AM

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-04-07 09:32 #27

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中国主张南海主权和行使南海管辖权比国际海洋法早得很,所以我觉得国际海洋法面对十一段线(九段线)应该是苍白的。

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-05-25 23:40 #28

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www.sunstar.com.ph/manila/local-news/2014/04/04/phl-refutes-china-you-started-it-336606
PHL refutes China: You started it

Friday, April 4, 2014

AFTER the Philippines' submission of its memorial to the United Nations (UN) Arbitral Tribunal, the word war continues between Manila and Beijing over the territorial dispute in the South China Sea (West Philippine Sea).

This developed after the Department of Foreign Affairs (DFA) refuted the Chinese Foreign Ministry claim that the Philippines is provoking trouble in the region by filing its memorial (written argument) to the UN body.

In a statement, Foreign Affairs Secretary Albert del Rosario rejected claims of Chinese Foreign Ministry spokesman Hong Lei that the Philippines is out to "create trouble in the South China Sea."

"The Philippines makes clear that it will continue to exercise self-restraint and will not raise tension in the South China Sea. The Philippines is not the country that has greatly increased its naval and maritime presence in the South China Sea. Nor has it challenged freedom of navigation. Nor has it blockaded nor forcefully intimidated any other country in the South China Sea," said del Rosario.

"Countries should be judged by their actions, not by their words," he added.


To recall, several protests, through note verbale, have been raised by the Philippines against China over various incidents involving Chinese government vessels and their Philippine counterparts.

The latest incident involved the Chinese coast guard trying to block a Philippine vessel that was set to deliver food, water and fresh troops to the Second Thomas Shoal.

On the contrary, the DFA chief said the actions undertaken by the Philippines by bringing the case to the UN tribunal is anything but trouble-seeking.

"We reiterate that arbitration is a peaceful, friendly and a durable settlement mechanism under international law… By going to arbitration, the Philippines has signaled its fidelity to international law," said del Rosario.

Last Sunday, the Philippines submitted its memorial to the UN tribunal bearing the evidences and claims it has against China.

Through the case, the Philippines is seeking clarification of China's claim of indisputable sovereignty over nearly the entire South China Sea on the basis of the "nine-dash line."

The Philippines believes the "nine-dash line" is an excessive and expansive claim by China and is in gross violation of international law.

China reiterated its refusal to participate in the UN proceedings and instead accused the Philippines of creating trouble in the region through the case. (HDT/Sunnex)

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系列:菲律宾提交南海争议国际仲裁 PH pursue SCS dispute arbitration to ITLOS 2014-05-27 12:56 #29

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我觉得,在菲驴宾此次无理取闹过程中,中国的反应态度过于消极,忘记了“攻击是最好的防守“的明智做法,尤其是在以下两个方面做得不足:

1. 中国驻菲驴宾记者缺乏捍卫国家利益的明确意识,没有主动出击当面质问菲方新闻发言人:既然菲方执意控告中国,是否意味着菲方无论判决结果如何都会尊重那个结果?假如仲裁结果没有支持菲方的诉求,那么菲方是否承认侵犯了中国,并立即将侵占的中国岛礁予以归还?

2. 中国南海海军部队没有采取坚决行动抢在美国总统访问菲驴宾之前收复中业岛,致使菲方认为中国的胆怯软弱,反而狗仗人势更加肆无忌惮地挑衅中国,使局面不断恶化。

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强盛 威严 博爱 之中国
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