PHL brings territorial dispute with China to int'l arbitration

From the Philippine News Agency (Jan 22): PHL brings territorial dispute with China to int'l arbitration

The Philippines has formally notified China that it is bringing their long-standing territorial dispute over parts of the resource-rich West Philippine Sea (South China Sea to China) to a United Nations tribunal for a peaceful and internationally-accepted resolution, Foreign Affairs Secretary Albert del Rosario said on Tuesday.

The Philippines handed a note verbale (diplomatic note) to Chinese Ambassador Ma Keqing on Tuesday afternoon to notify China of its decision to elevate its complaint to the Arbitral Tribunal, an option provided for by the UN Convention on the Law of the Sea (UNCLOS), Del Rosario said. “To this day, a solution is still elusive,” Del Rosario told a press conference. “We hope that the arbitral proceedings shall bring this dispute to durable solution.”

The move to bring the disputes to the UN is Manila’s latest attempt to end its long-running maritime row with China, which has gone nowhere as both sides refused to back down from their hardline positions. Cases handled by international tribunals on maritime disputes normally take three to four years to resolve, according to DFA.

Attached to the note verbale is the Philippines’ Notification and Statement of Claim, which challenges China’s so-called nine-dash claim to almost the entire South China Sea, including Manila’s territories in the West Philippine Sea. China’s nine-dash line is a U-shaped map that covers nearly 90 percent of the waters and overlaps with the sovereign territories of its Asian neighbors like the Philippines, Vietnam, Malaysia, Brunei and Taiwan.

Manila’s complaint also demands China “to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines” under the UNCLOS. UNCLOS gives maritime nations the right to manage, explore and exploit features in areas within a 200-nautical mile limit from its coast.

The Philippines, Vietnam and China have particularly figured in separate fresh altercations in 2011 and in 2012 that have sparked Asian and international concerns over a possible major armed clashed that could threaten access to and the passage of commercial and cargo ships in the busy waters.

“We strongly believe that this action is the appropriate response to put our diplomatic relations in its proper context,” Del Rosario said. “We hope that China would join us in this aspiration.”

The Chinese embassy in Manila maintained its long-held position that China “has indisputable sovereignty over the islands in South China Sea and its adjacent waters.” “The Chinese side strongly holds the disputes on South China Sea should be settled by parties concerned through negotiations,” Chinese Embassy spokesman Zhang Hua said.

The South China Sea is dotted with islands, shoals, cays, reefs and rock formations and is believed to be rich in oil and natural gas. Many have feared the conflicts could be Asia's next flashpoint. To assert its claim, Beijing has established a new city called Sansha under its southern Hainan province to politically administer its claimed territories in the disputed waters, including areas within Philippine sovereignty.

Then in November, China came up with an enforcement law wherein Chinese authorities can interdict foreign vessels that would enter within 12 nautical miles of Hainan province. Del Rosario said the Philippines wants the tribunal to declare that China must conform with the UNCLOS.

Manila also hopes the tribunal would denigrate China’s nine-dash claim and dismiss it as “invalid” and for Beijing “to bring its domestic legislation into conformity with its obligations” under the international treaty.

The Philippines believes its case against China has solid basis as it is “founded in fact and law.” “We believe we have a very good case under international law,” a DFA statement said, adding arbitration is a “friendly and peaceful” means to resolve disputes. “We expect international law to be the great equalizer.” “Having exhausted all possible initiatives, we feel the time to act is now. If we do not act now, we will be in default,” the DFA said.

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