From the Philippine Daily Inquirer (Apr 12): PH to stick with arbitration under UNCLOS to pursue Spratly claims
The Philippines reiterated, on Thursday, its commitment to the peaceful
settlement of its claims in the West Philippine Sea or the South China Sea area
through arbitration proceedings under the 1982 United Nations Convention on the
Law of the Sea, or UNCLOS.
Speaking before the Association of Southeast Asian Nations’ foreign ministers
meeting in Bandar Seri Begawan, Foreign Affairs Secretary Albert del Rosario
emphasized on Thursday, that “the Philippines’ recourse to arbitration is firmly
rooted in the tradition of good global citizenship.”
“The Philippines shall always adhere to the peaceful settlements of disputes
through lawful, non-coercive and transparent means that promote the healthy
functioning of an equitable and rules-based international system,” said the
Department of Foreign Affairs head.
Del Rosario asserted that Manila’s arbitration initiative, “when objectively
considered, will benefit all parties.”
“For the Philippines, it will clearly define what is legitimately ours,
specifically maritime entitlements under the UNCLOS with regards to our fishing
rights to resources and our right to enforce our laws within our Exclusive
Economic Zone (EEZ),” he said.
For China, “an arbitration award will finally clarify its lawful maritime
entitlements in the South China Sea,” he pointed out.
“This will enable China to provide responsible leadership towards fostering
stability in the region,” according to Del Rosario.
At the same time, he reiterated that “the Philippines’ desire to have a
legally binding Code of Conduct in the South China Sea has not changed.”
“We will continue to work with ASEAN and China in crafting the COC and in
implementing our commitments under the Declaration on the Conduct of Parties in
the South China Sea (DOC),” he said, adding ASEAN should “focus on solidarity in
taking a stronger position on violations of the DOC.”
In a related development, the DFA said China had yet to respond to the
Philippines’ request for clarification of its new maritime rules in the West
Philippine Sea.
Beijing “did not reply to our note (verbale),” Assistant Secretary Raul
Hernandez told the Philippine Daily Inquirer.
Sometime in late December, China sent its first patrol vessel to disputed
parts of the West Philippine Sea ahead of its enforcement of new rules that
authorized Chinese border police to board search and expel foreign vessels from
waters Beijing considers its territory.
The patrol chief Haixun 21 reportedly sailed into the high seas under the
administration of the Maritime Safety Administration of Hanan Province from
which China administers the West Philippine Sea.
Del Rosario then said that if the reports proved correct, the Philippines
would ask the Chinese why they were patrolling and in what areas.
The new rules came into effect on January 1, but ASEAN nations and the United
States had asked China for clarification on their purpose and extent.
China claims almost the entire West Philippine Sea, but the Philippines,
Malaysia, Vietnam and Brunei claim parts of the sea within their EEZs. Taiwan
also claims some islands in the same sea.
The Philippines and Vietnam are the more strident claimants, both pressing
for the resolution of their claims according to UNCLOS and for a code of conduct
in the region to prevent the conflicting claims from erupting into armed
clashes.
http://globalnation.inquirer.net/71879/ph-to-stick-with-arbitration-under-unclos-to-pursue-spratly-claims
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