Friday, July 15, 2016

WATCH | Bilateral talks with China must be based on PCA ruling: SolGen Calida

From InterAksyon (Jul 16): WATCH | Bilateral talks with China must be based on PCA ruling: SolGen Calida



A decision invalidating China's vast claims in the South China Sea was a "crowning glory" that renews faith in international law, the Philippines' top lawyer said on Friday, in Manila's strongest comment yet on its sweeping win.

The remarks by Solicitor General Jose Calida follow two days of carefully calibrated responses from the Philippines and are almost certain to irritate China further.

Manila has so far been keen not to rock the boat in the hope of starting dialogue towards Beijing allowing it to exercise what the Permanent Court of Arbitration (PCA) in The Hague ruled were its sovereign maritime rights.

"It confirms that no one state can claim virtually an entire sea. The award is a historic win not only for the Philippines ... it renews humanity's faith in a rules based global order," Calida told a forum on the South China Sea.

"The award opens a horizon of possibilities for all stakeholders. The award is a crowning glory of international law."

Speaking at a meeting of Asian and European officials in Mongolia, Philippine Foreign Affairs Secretary Perfecto Yasay said Manila "strongly affirms its respect for the milestone decision" while reiterating his call for "restraint and sobriety".

Watch a News5 video report by Carla Lim:

[Video report]

China has refused to recognize Tuesday's ruling and did not take part in its proceedings. It has reacted angrily to calls by Western countries for the decision to be adhered to.

China's Foreign Ministry on Friday said Beijing's position on the case had the support of Laos, the current chair of the Association of South East Asian Nations (ASEAN), a regional bloc long dogged by discord over how to deal with China's maritime assertiveness.

The verdict was discussed on Thursday between Chinese Premier Li Keqiang and Lao Prime Minister Thongloun Sisoulith ahead of a regional summit in Mongolia.

"Thongloun said that Laos supports China's position, and is willing to work with China to maintain peace and stability in the South China Sea region," the ministry said in a statement.

The statement did not elaborate. Laos' foreign ministry did not respond to Reuters' request for comment and its state media made no mention of Thongloun's comments to Li.

Land-locked Laos, which is boosting economic ties with China, will be hosting a security meeting later this month at which the South China Sea issue is expected to dominate. ASEAN has not issued a statement about the ruling and its members have not said why.

China's foreign ministry later said Cambodia's Prime Minister Hun Sen had told Li that Cambodia would uphold a "fair and objective stance" on the South China Sea issue and work to maintain friendly China-ASEAN relations, according to a statement.

Asked about Cambodia's position, Foreign Affairs Minister Prak Sokhonn told Reuters: "We are not involved in this arbitration case and just wish to stand by our policy of neutrality."

Cautious approach

China has previously said it has widespread support for its rejection of the case but many countries have stuck to cautious comments about resolving disputes peacefully and respecting international laws.

China claims much of the South China Sea, through which more than $5 trillion of trade moves annually. Brunei, Malaysia, the Philippines, Taiwan and Vietnam have rival claims.

Philippines' President Rodrigo Duterte ended his unusual silence at a private function late on Thursday and said he wanted dialogue with China and was considering sending former President Fidel Ramos to Beijing to get the ball rolling.

"War is not an option," he said. "So, what is the other side? - Peaceful talk."

But Calida, who has given his recommendation to Duterte after scrutinizing the 500-page ruling of the PCA, said any bilateral talks with China should be based on the decision of the UN arbitral tribunal.

“We will not concede any of the awards given to us. The negotiation must respect the decision,” Calida said.

Regarding the possibility of joint exploration with China in the South China Sea, Philippine Supreme Court Senior Associate Justice Antonio Carpio explained that the Duterte administration cannot enter into an agreement for joint development of the areas or resources within the country’s exclusive economic zone because the Philippine Constitution prohibits this.

Carpio said China cannot ignore the PCA decision.

"The UNCLOS is a package deal. You cannot take which portion of UNCLOS you want to comply. And if China says ‘we will not comply with the ruling of UNCLOS tribunal but we have four permits from the International Seabed Authority, we will continue to explore the seabed

with these licenses’, that's cherry picking," Carpio said.

Immediately after the ruling, the normally brash and outspoken Duterte privately told his ministers to be magnanimous and not to pique Beijing, according to one minister.

But the cautious tone appears to be changing in the Philippines, where there are signs of public disgruntlement with the subdued government response to a decision that most of the country was celebrating.

The United States, a key Philippines' ally, is urging Asian nations not to move aggressively to capitalize on the court ruling, according to US administration officials.

The chief of its naval operations, Admiral John Richardson will discuss the South China Sea among other issues when he meets China's navy commander, Admiral Wu Shengli, from Sunday on a three-day trip to "improve mutual understanding", according to a U.S. navy statement.

Chinese state media on Friday reported again that China aims to launch a series of offshore nuclear power platforms to promote development in the South China Sea.

Experts said little progress had been made on the plan, which would likely stoke further tensions.

http://interaksyon.com/article/130405/watch--bilateral-talks-with-china-must-be-based-on-pca-ruling-solgen-calida

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