CHINA,IDIOTS! STAY IN YOUR OWN TURF!!! Filing of case in UN tribunal seriously damaged China-PH ties - Beijing MANILA – (UPDATE6:30PM) The Philippines’ move to proceed with its complaint against China in the UN arbitral tribunal over the latter’s territorial claims “seriously damaged bilateral relations” between the Asian neighbors, Beijing said Tuesday. In a hastily called press conference two days after Manila filed its Memorial or summary of arguments before the specially convened tribunal in The Hague, Chinese embassy Charge d’ Affaires Sun Xiangyang said the Chinese government was deeply disturbed by and concerned with the consequences of the Philippines’s move challenging Chinas nine-dash-line claim in the West Philippine Sea. The embassy statement followed a string of attacks from China state media against Manila, and a warning by Beijing’s foreign ministry that Manila seems to be deliberately provoking trouble by timing its re-supply mission in the Spratlys last Saturday, March 29, eve of the Memorial filing. The resupply mission evaded a blockade by Chinese coastguard vessels that harassed the civilian fishing boat where the Philippine military loaded the supplies and new troops for the BRP Sierra Madre, its sentinel in the Ayungin Shoal. Beijing also claims Ayungin, which is part of the Kalayaan Island Group in the Philippine province of Palawan. What the Philippine side did seriously damaged bilateral relations with China. We find it very hard to understand these moves of the Philippines and we are deeply disturbed by and concerned with the consequence of such moves Sun told diplomatic reporters on Tuesday at the China embassy. PH ‘failed to notify’ China At the same time, Sun took issue with Manila’s alleged failure to notify Beijing of its move when it first brought their dispute before the UN Arbitral Tribunal in January 2013. This partly accounts, he said, for the decision to reject arbitration. Under normal circumstances, submission of dispute to international arbitration requires an agreement reached between the two parties concerned. Yet, the Philippines side failed to notify the Chinese side, not to mention seeking Chinas consent, before it actually initiated the arbitration, Sun explained. It should be recalled that on January 22, 2013, when the Philippines brought its case to arbitral proceedings, it at the same time sent a copy to then Chinese ambassador to Manila Ma Keqing. In February last year, Ma personally handed her government’s own note verbal informing the Philippines that China is rejecting arbitration and returning the Manilas Notification and Statement of Claim which was handed last January 22. Based on international law, China has every right not to accept the arbitration initiated by the Philippines in conformity with international practice, Sun asserted. Manila, he added, also erred in citing the United Nation Convention on the Law of the Sea as the core basis for elevating the dispute to the Arbitral Tribunal, because the framework of the Convention is not applicable to all maritime issues. His reasons for saying so: the disputes between China and the Philippines are principally territorial disputes over islands, which are not covered by the UNCLOS; second, according to the Convention, in case of disputes over territory, maritime delineation and historic title or rights, a signatory to the Convention may refuse to accept the jurisdiction of any international justice or arbitration as long as it makes declaration, Sun pointed out. Thus far, 34 countries have made such declarations based on this provision. “China made its declaration back in 2006. So why cant China exercise its lawful right? Sun asked aloud. China and the Philippines have between them territorial and maritime disputes. And it is just natural that disputes might exist between neighbors. What is important is how to resolve the disputes.” In both international law and international practice, he said direct negotiations between the concerned countries is the most common and preferred way to resolve such disputes. Negotiations may well take time, but agreement reached through negotiations is acceptable to both parties, and is hence the most equitable and durable, he explained. While international justice or arbitration is one way of settling international disputes, Sun argued that it does not offer a solution to all problems. In fact, he claimed, in quite a number of cases where international judicial or arbitral bodies passed a ruling, “relevant issues still remained unresolved. Declaration on Conduct of Parties At the same time, he reminded the Philippines that resolving disputes over territory and maritime rights and interests through negotiations was stated directly in the Declaration on the Conduct of Parties in the South China Sea, a document that all ASEAN members and China had signed. Besides the Philippines, three other ASEAN members have partial claims in the South China Sea – Malaysia, Brunei and Vietnam. Now that the document is signed, all parties should honor their commitment, he said. Much earlier, Sun recalled, the Philippines also agreed to settling the disputes through negotiations during the joint statement on the issue of Nansha Islands in August 1995. Manila then had agreed that a gradual and progressive process of cooperation shall be adopted with a view to eventually negotiating a settlement of bilateral disputes. In the end, he insisted, Chinas refusal to accept the arbitration is an exercise of its right under international law, citing international practice when “countries have taken the position of not accepting the jurisdiction nor enforcing the rulings of related international litigation or arbitration, when their major national interest or positions are involved. He cited as examples of such Manilas mutual-defense partner the United States, as well as other small and medium-sized countries. Double standards unfair He accused the Philippines of applying double standards against his country. To accuse China of disobeying international law on the ground that it has not accepted the arbitration is an act of applying double standards. This is not fair to the Chinese side. China, he said, has long exercised sovereignty over the Nansha (Spratly) islands. He said after World War II, China recovered the Nansha Islands occupied by the Japanese in 1946 and took a series of steps to confirm and affirm its sovereignty over the Spratly Islands. At that time, the Philippines, an independent country already, made no objection to Chinas moves, he noted. It was only in 1970, he said, when it discovered oil reserves in the water surrounding the Spratly Island that the Philippines began to claim sovereignty over these islands and sent troops to occupy some of the islands and reefs. He insisted Beijing made diplomatic representations with the Philippine side over its behavior and demanded that the Philippines stop infringing on its sovereignty and jurisdiction. Still and all, Sun said that China will never close its door for negotiations with the Philippines, as this is the best way for Manila and Beijing to resolve the disputes in the West Philippine Sea. China still values its long friendship with the Philippines, stressing that the dispute is not the sum total of their relationship. Beijing hopes Manila will correct its mistake and come back to the right track of resolving the disputes through bilateral negotiations. Chinas stance of neither accepting nor participating in the arbitration does not change and will not change, he said. Forcing the arbitration is not conducive to the settlement of the disputes in the South China Sea between China and the Philippines,=; it will not change the fact that China has sovereignty over the Nansha islands, nor will it shake Chinas will and resolve to safeguard its national sovereignty, Sun said. Concerned Philippines For AFP Modernization interaksyon/article/83923/filing-of-case-in-un-tribunal-seriously-damaged-china-ph-ties---beijing
Posted on: Wed, 02 Apr 2014 11:18:19 +0000