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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
Phl to pursue arbitration amid China's call for bilateral talks - Palace
By Louis Bacani (philstar.com) | Updated February 26, 2014 - 3:42pm
Last Edit: 由 zt.
PH to pursue arbitration 2014-03-02 23:55 #2
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
China slams Philippines' SCS court application 2014-03-26 2014-03-29 22:51 #3
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.
China slams Philippines' SCS court application 2014-03-26 2014-03-29 23:29 #4
Philippines looks to international court to press island claims
By Erik Slavin
Stars and Stripes
Published: March 24, 2014
China warned PH of consequences: Alunan
Posted at 03/25/2014 11:45 AM | Updated as of 03/25/2014 4:08 PM
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
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.
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.)
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
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
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
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
The Republic of the Philippines v. The People’s Republic of China
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
Rules of Procedure www.pca-cpa.org/showfile.asp?fil_id=2504
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
菲律宾 世界日报 World News
Last Edit: 由 zt.
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
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
China rejects Philippines' arbitral request
Updated: 2013-02-19 20:33
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.
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
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
Statement of Secretary Albert F. del Rosario on the Submission of the Philippines’ Memorial to The Arbitral Tribunal
30 March 2014
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
PH files 4,000-page ‘memorial’ vs China before int’l court
By Kristine Angeli Sabillo
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
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
Last Edit: 由 zt.
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
2014年03月31日 07:00:36 来源： 环球时报
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
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
US Pressure Statement:
Philippines: South China Sea Arbitration Case Filing
Deputy Department Spokesperson, Office of the Spokesperson
March 30, 2014
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
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
China insists on bilateral talks on disputes on South China Sea
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.
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
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.
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 18:20 #20
Japan backs Philippines' legal move vs. China
By Camille Diola (philstar.com) | Updated April 1, 2014 - 5:15pm
Phl, Germany share same values on territorial integrity, says minister
By Pia Lee-Brago (The Philippine Star) | Updated April 2, 2014 - 12:00am
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
《 人民日报 》（ 2014年04月01日 06 版）
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 18:34 #22
China's Position on the Territorial Disputes in the South China Sea between China and the Philippines
--by Zhang Hua
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)
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
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
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
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)
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
Manila's scheme abuses law
Updated: 2014-04-01 07:42
By China Forum (China Daily)
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
'US, UN, Asean will not protect Philippines in sea row'
By Camille Diola (philstar.com) | Updated March 31, 2014 - 12:23pm
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
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
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)
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
强盛 威严 博爱 之中国