Despite sea row, PH-Sino ties strong

From the Manila Standard Today (Jun 10): Despite sea row, PH-Sino ties strong

Despite ongoing tensions over territorial disputes, relations between the Philippines and China remain healthy and strong, the Palace said Sunday.

“Our relationship with our neighbor is multifaceted. There are other aspects of that relationship that we continue to develop and that we continue to move forward on,” said deputy presidential spokesperson Abigail Valte, as both countries marked the 38th anniversary of the establishment of diplomatic relations Sunday.

Since President Benigno Aquino III came to power, Manila and Beijing have locked horns over Chinese intrusions in Panatag Shoal and Ayungin Reef.

But Valte said the Aquino administration’s policy of not engaging the Chinese vessels remains.

“We have taken a deliberate policy of avoiding responding to any provocative action or statement that may be presented to us in the course of this dispute,” the Palace official said.

The Philippines has already filed several diplomatic protests and has sought arbitration before the United Nations Convention on the Law of the Sea.

China, however, has refused to acknowledge the protests and the UNCLOS case, maintaining a near-permanent presence in the territories that belong well-within the Philippines’ 200-nautical mile exclusive economic zone.

Administration officials said even if China does not agree to the arbitration case, the UNCLOS tribunal can still proceed with an ex-parte trial and make a binding decision.
The Philippines has designated Paul Reichler of Foley and Hoag LLP to be the country’s lead arbiter in the international case.

Under Article 3 of UNCLOS, if one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award.

Article 9 of the convention states: Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.

The award shall also be “final and without appeal” unless the parties to the dispute have agreed in advance to an appellate procedure. The Philippines is asking the tribunal to issue a decision that would, among others:

Declare China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS, including rights to an exclusive economic zone and extended continental shelf;

Declare China’s maritime claims in the South China Sea based on its so-called nine-dash line are contrary to UNCLOS and invalid;

Require China to bring its domestic legislation into conformity with its obligations under UNCLOS; and

Require that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea.

http://manilastandardtoday.com/2013/06/10/despite-sea-row-ph-sino-ties-strong/