Beijing on South China Sea arbitration: So what if we lose in UN?
Play
China says it expects a United Nations arbitration court to rule in favour of the Philippines in the dispute over territory in the South China Sea but adds that the decision will not change anything, since Beijing will not abide by it.
Chinese Vice Foreign Minister Liu Zhenmin said the case filed by the Philippines in 2013 “was not to settle any specific disputes, but to ask the arbitral tribunal to judge on questions about the interpretation and application of the Convention [on the Law of the Sea].
“China does not accept or participate in the arbitration, and the arbitral tribunal has lent a ready ear only to the Philippines. I think the award will probably be in the Philippines’ favour,” Liu told the US journalists who travelled to Beijing on May 19.
Incoming Philippine Foreign Secretary Perfecto Yasay Jr says the Philippines will seek help from “friends and allies” in persuading China to negotiate and implement the decision of the UN Permanent Court of Arbitration.
“Even if we get a favourable judgement … there might be some questions of enforcement or implementation of this decision because the court does not have any enforcement capability,” Yasay said.
The arbitration court in The Hague is expected to hand down a ruling any day now, and China has embarked on a series of high-level meetings with its security allies to win support for its position not to shun the court’s decision.
The Philippines asked the UN tribunal to invalidate China’s nine-dash-line claim to almost all of the South China Sea, and declare that Manila’s right to exploit maritime resources within its exclusive economic zone be respected.
In response, Liu has questioned the court’s authority.
“There is no agency entitled to act as the international police, and the award depends on countries for recognition and implementation. This is the essence of international law, which needs respect from sovereign nations,” he said.
Liu also criticised the United States’ strong support for the Philippines’ case in The Hague.
“We don’t understand why the US has been so active in backing the arbitration behind the scene. As time goes by, I believe the plot will eventually come to light. In sum, the arbitration initiated by the Philippines is dishonest and not based on goodwill. China will not accept or participate in it, let alone to recognise the so-called award.”
Emphasising that the ruling would have no binding power, Liu said China would “stay committed to settling the South China Sea disputes with the Philippines through negotiation and consultation”.
“We hope the next Philippine administration will adopt new thinking on the issue,” he added.
Philippine president-elect Rodrigo Duterte says he is open to bilateral talks with China to resolve the territorial dispute.
But he has also vowed the Philippines would never surrender its claim on Scarborough Shoal, a rich fishing ground off the coast of Zambales province that China seized in 2012 after a two-month standoff with the Philippine navy.
It was the loss of Scarborough Shoal that compelled the Philippines to submit its case in The Hague.
Manila announced on Sunday that international support for the Philippines’ case was building.
“The step taken by the Philippines continues to gather support from different countries,” presidential spokesman Herminio Coloma Jr said, adding that the case brought by the arbitration was in keeping with the United Nations Convention on the Law of Sea, which the Philippines and 165 other nations have ratified.
Rear Admiral Guan Youfei, director of foreign affairs at China’s defence ministry, told the Shangri-La Dialogue security conference in Singapore on Saturday that China considered the Philippine case illegal, as “the territorial and sovereignty disputes have not been subjected to arbitration”.
China has refused to recognise the UN court and stayed away from the proceedings in The Hague.
The United States and other Western countries have said China should respect the court’s ruling and call a halt to its land reclamation in the South China Sea so as to reduce tensions in the region.
Coloma said the Philippines would maintain its commitment to allies to help keep peace and stability in the Asia-Pacific region.
“We affirm our shared commitment with the rest of the Association of Southeast Asian Nations and the United States that regional stability rests upon a foundation of international law, rules and norms, and that there is need to respect the rights of all nations regardless of size,” he said.
