‘Stubborn’ China not sticking to law in sea dispute — Palace

From the Daily Tribune (Jan 25): ‘Stubborn’ China not sticking to law in sea dispute — Palace

Contrary to China’s warning that the Philippine move bringing the South China Sea (West Philippine Sea) dispute to an international arbitral tribunal could “complicate” the issue, Malacañang yesterday maintained that the latest step is a legal approach to resolve the tension peacefully.

At the same time, presidential spokesman Edwin Lacierda, at a press briefing, cited Beijing’s “stubbornness” on its nine-dash line claims on South China Sea has prompted the Philippine government to take legal action.

“We have approached it from the diplomatic, from the political and now we’re availing of the legal approach. It does not take away the fact that in the diplomatic (track), we’re still part of the Asean (Association of Southeast Asian Nations). We are continuing to draft the Code of Conduct for the South China Sea. How does it complicate?” he asked. “Is it not better to elevate it to the arbitral tribunal?” the Palace official added.

Lacierda cited continuing talks between Manila and Beijing but China remained firm on its nine-dash line claims over the disputed sea, practically gaining ownership of the entire territory. “They have never moved back from the position of their nine-dash line theory. Every time we speak to them, they have always invoked the nine-dash line.

So how does one resolve a situation where they are firm and stubborn in claiming a nine-dash line theory which does not exist in international law?” Lacierda explained. “And so the best venue is to go to an arbitral tribunal, a third party where the rule of law and a rules-based approach to resolve the disputes can be made,” he added.

The Palace spokesman cited numerous diplomatic protests and note verbale, at least 18 of them, have been filed by the Department of Foreign Affairs (DFA) against China but the issue has not been resolved.

Lacierda also stressed the government will pursue the case it filed before the International Tribunal on the Law of the Seas (ITLoS) even if China would not agree to participate in the proceedings.
“The Philippines will pursue the procedures and remedies available under Annex 7 of UNCLoS (United Nations Convention on the Law of the Seas) to achieve the award outlined in the statement of claim. Annex 7 of UNCLoS provides for a compulsory proceeding with binding arbitration,” said Lacierda, citing the DFA position.

On Wednesday, Chinese Foreign Ministry spokesman Hong Lei was quoted as saying that “we hope that the relevant country honors its promises, and…does not take any action to complicate or expand the problem.”

Reacting also to a statement by China that the Philippines is illegally occupying the Spratly Islands, Parañaque City Rep. Roilo Golez, for his part, said the Spratlys and other reefs and shoals within the 200-mile exclusive economic zone (EEZ) of the Philippines have been part of the country’s territory since the 17th century while Beijing’s claim was made only some four decades ago.

China claimed that the Philippines does not have the legal personality to bring the issue to the artbitral tribunal of the UNCLoS. But Golez pointed out that the Philippine map which has been handed down by the Spanish government during its occupation would show that the disputed islands are indeed part of the country. He said that the delineation of the Philippine territory was even more strengthened by the establishment of the 200-mile EEZ.

The China claims were formulated in 1947 by the then Nationalist Government in a map with a nine-section, U-shaped demarcation encompassing the Paracel Islands east of Vietnam, the Spratlys west of the Philippines, and other uninhabited features such as the Scarborough Shoal.

Golez maintained that the islands being claimed by China, which include the Mischief Reef, which Beijing had already occupied, are “very, very far” from its shoreline.  He stressed it is China that is illegally occupying the Mischief Reef since 1995.

Golez said China should now abandon its plan of occupying the Spratly Islands and answer the issues raised by the Philippine government before the arbitral tribunal of the UNCLoS. The lawmaker said the House of Representatives has already approved a resolution supporting the actions of Malacañang and the DFA to bring the issue before the United Nations.

http://www.tribune.net.ph/