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Law-abusing tribunal to issue award on South China Sea arbitration

Source: Xinhua 2016-07-12 11:57:44
[Editor: huaxia]

(Xinhua photo)

THE HAGUE, July 12 (Xinhua) -- An arbitral tribunal with widely contested jurisdiction Tuesday will issue its final award on the South China Sea case unilaterally initiated by the Philippines.

The Permanent Court of Arbitration (PCA), acting as the registry of the tribunal, said on June 29 that "the Award will first be issued via e-mail to the Parties, along with an accompanying Press Release containing a summary of the Award."

China has refused to participate in the proceedings and declared that it will never recognize the verdict, stressing that the tribunal has no jurisdiction because the case is in essence related to territorial sovereignty and maritime delimitation.

Beijing has pointed out that territorial issues are not subject to the UN Convention on the Law of the Sea (UNCLOS), and that as early as in 2006 it declared -- in line with UNCLOS -- to exclude disputes concerning maritime delimitation from mandatory dispute-settlement procedures. Some 30 countries have also filed declarations of this kind.

The government of former Philippine President Benigno Aquino III filed the arbitration against China in 2013, despite an agreement his country had reached with China on resolving their South China Sea disputes through bilateral negotiations.

Although Manila asserted that its submissions do not concern territorial sovereignty or maritime delimitation, the Philippine Foreign Ministry, a day after launching the arbitration, described the purpose of the case as being to "protect our country's territory and oceanic area" and vowed not to "give up our country's sovereignty."

Abraham Sofaer, a former legal adviser to the U.S. State Department, said last month that the tribunal's ruling "will broadly undermine the potential utility of international adjudication."

Meanwhile, Beijing, whose stance on the arbitration case has drawn support from more than 60 countries and international organizations, insists that the South China Sea issue should be resolved through negotiations and consultations between the directly involved parties.

Many in the Philippines share this view. Rosario Manalo, a former Philippine foreign affairs under-secretary for international economic relations, said the best thing for both the Philippines and China is to "sit down and talk."

The country's new President Rodrigo Duterte also said he will pursue bilateral talks with China, adding he might explore possible joint exploration in the disputed South China Sea.

Related:

Backgrounder: A brief look at the South China Sea arbitration case

More countries voice support for China's stance on S. China Sea

BEIJING, July 11 (Xinhua) -- More countries have voiced their support for China's position on the South China Sea issue "despite pressure," a spokesperson for Chinese Foreign Ministry said here on Monday.

Lu Kang's remarks at the ministry's routine press briefing came after Cambodia reiterated on Saturday that the country would not support the arbitration court's upcoming decision over the South China Sea issue.    Full story

Commentary: U.S. should stop treating South China Sea as next Caribbean

MEXICO CITY, July 10 (Xinhua) -- The United States should stay away from the South China Sea issue and avoid repeating its history of military intervention and political manipulation in the Caribbean in the past century.

The Permanent Court of Arbitration (PCA) in The Hague will announce its award on Tuesday in an arbitration case filed unilaterally by the Philippines against China on disputes over the South China Sea. Full Story

Commentary: U.S. cold-war mentality not solution to South China Sea issue

BEIJING, July 9 (Xinhua) -- The South China Sea arbitration initiated by the Philippines and without China's consent is a political farce.

The reason is simple: the United States is using the administration of former Philippine President Benigno S. Aquino III to raise tensions in the region. Full Story

[Editor: huaxia]
 
Law-abusing tribunal to issue award on South China Sea arbitration
                 Source: Xinhua | 2016-07-12 11:57:44 | Editor: huaxia

(Xinhua photo)

THE HAGUE, July 12 (Xinhua) -- An arbitral tribunal with widely contested jurisdiction Tuesday will issue its final award on the South China Sea case unilaterally initiated by the Philippines.

The Permanent Court of Arbitration (PCA), acting as the registry of the tribunal, said on June 29 that "the Award will first be issued via e-mail to the Parties, along with an accompanying Press Release containing a summary of the Award."

China has refused to participate in the proceedings and declared that it will never recognize the verdict, stressing that the tribunal has no jurisdiction because the case is in essence related to territorial sovereignty and maritime delimitation.

Beijing has pointed out that territorial issues are not subject to the UN Convention on the Law of the Sea (UNCLOS), and that as early as in 2006 it declared -- in line with UNCLOS -- to exclude disputes concerning maritime delimitation from mandatory dispute-settlement procedures. Some 30 countries have also filed declarations of this kind.

The government of former Philippine President Benigno Aquino III filed the arbitration against China in 2013, despite an agreement his country had reached with China on resolving their South China Sea disputes through bilateral negotiations.

Although Manila asserted that its submissions do not concern territorial sovereignty or maritime delimitation, the Philippine Foreign Ministry, a day after launching the arbitration, described the purpose of the case as being to "protect our country's territory and oceanic area" and vowed not to "give up our country's sovereignty."

Abraham Sofaer, a former legal adviser to the U.S. State Department, said last month that the tribunal's ruling "will broadly undermine the potential utility of international adjudication."

Meanwhile, Beijing, whose stance on the arbitration case has drawn support from more than 60 countries and international organizations, insists that the South China Sea issue should be resolved through negotiations and consultations between the directly involved parties.

Many in the Philippines share this view. Rosario Manalo, a former Philippine foreign affairs under-secretary for international economic relations, said the best thing for both the Philippines and China is to "sit down and talk."

The country's new President Rodrigo Duterte also said he will pursue bilateral talks with China, adding he might explore possible joint exploration in the disputed South China Sea.

Related:

Backgrounder: A brief look at the South China Sea arbitration case

More countries voice support for China's stance on S. China Sea

BEIJING, July 11 (Xinhua) -- More countries have voiced their support for China's position on the South China Sea issue "despite pressure," a spokesperson for Chinese Foreign Ministry said here on Monday.

Lu Kang's remarks at the ministry's routine press briefing came after Cambodia reiterated on Saturday that the country would not support the arbitration court's upcoming decision over the South China Sea issue.    Full story

Commentary: U.S. should stop treating South China Sea as next Caribbean

MEXICO CITY, July 10 (Xinhua) -- The United States should stay away from the South China Sea issue and avoid repeating its history of military intervention and political manipulation in the Caribbean in the past century.

The Permanent Court of Arbitration (PCA) in The Hague will announce its award on Tuesday in an arbitration case filed unilaterally by the Philippines against China on disputes over the South China Sea. Full Story

Commentary: U.S. cold-war mentality not solution to South China Sea issue

BEIJING, July 9 (Xinhua) -- The South China Sea arbitration initiated by the Philippines and without China's consent is a political farce.

The reason is simple: the United States is using the administration of former Philippine President Benigno S. Aquino III to raise tensions in the region. Full Story

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