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Asian gazing (9): South China Sea
Posted By Graeme Dobell on June 24, 2013 @ 06:00
Sensitive issues placed in the backburner in the past have re-emerged to take centre stage. This dispels notions that these issues have become irrelevant in the 21st century with the emergence of non-traditional security challenges. Given this, while sensitive issues will not be resolved overnight, it would be timely for states to cooperate in finding means to achieve long-lasting regional stability through mechanisms provided by international law, with the hope of settling these issues with a sense of finality.
As you know, the Chinese government has sovereign power over the East China Sea and South China Sea. It is our stand to exert sovereign power in these areas. Therefore, it is right and above reproach for Chinese warships to patrol in the territory of China. This is the answer to the first question. The second question is about the issue of the Philippines submitting the Scarborough Shoal issues to the International Court of Justice for arbitration. China has been maintaining a consistent stand in South China Sea relations, which is sustained by sufficient history and legal basis. However, China has been trying to resolve the issue through bilateral negotiation. We have made sincere efforts to maintain the stability of the South China Sea and promote regional cooperation. We have signed a Declaration on Code of Conduct in the South China Sea with the ASEAN countries, in which there is an important provision stating that the relevant disputes shall be resolved by the countries involved through negotiation. China and the Philippines are signatory countries of this Declaration, and both of us have promised to earnestly and comprehensively implement this Declaration. Besides, we have a smooth dialogue channel with the Philippines for resolving the Scarborough Shoal dispute. It is not necessary to submit it to the International Court of Justice. We can solve this issue through equal dialogue and negotiation. Only in this way, in my opinion, can we seek for a more harmonious and cooperative method to solve our disputes.
We hope that the arbiter will issue a clarification in accordance with international law that will direct China to respect our sovereign right and jurisdiction over our exclusive zone, continental shelf and zone, and this is from undertaking unlawful acts that violate our territorial rights. The arbitration is a friendly and peaceful mechanism; we hope that there will be no adverse effects on our trade relations with China.
If the Tribunal decides that it does have jurisdiction, a final ruling could take several years to reach. Any ruling handed down by the Tribunal will be binding but not enforceable. Should the Tribunal rule that China's claims are incompatible with the UN Convention on Law of the Sea, it will represent a victory for the Philippines and would put the onus on China to clarify its maritime claims. As seems likely, however, the PRC will simply ignore the ruling.
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[1] Image: http://www.aspistrategist.org.au/wp-content/uploads/2013/06/7129893059_a1def2b8a1_z.jpeg
[2] Stuart McMillan’s description of the Philippines: http://www.aspistrategist.org.au/philippines-takes-chinas-dashes-to-un/
[3] previous post: http://www.aspistrategist.org.au/asian-gazing-8-aseans-usual-crisis-and-looming-triumph/
[4] Gazmin's speech: http://www.iiss.org/en/events/shangri%20la%20dialogue/archive/shangri-la-dialogue-2013-c890/fourth-plenary-session-0f17/gazmin-1599
[5] responding to those questions: http://www.iiss.org/en/events/shangri%20la%20dialogue/archive/shangri-la-dialogue-2013-c890/fourth-plenary-session-0f17/qa-57d8
[6] Dr Ian Storey: http://iseas.academia.edu/IanStorey
[7] Secretary of Defense: http://www.flickr.com/photos/secdef/7129893059/in/photostream/