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Beijing rejects Philippines' tribunal push

2013-04-27 09:30 Global Times     Web Editor: Wang YuXia comment

China will adhere to the means of bilateral negotiations to resolve territorial and maritime delimitation disputes, a Chinese Foreign Ministry spokeswoman said on Friday.

"In the interests of maintaining the Sino-Philippine relations and the peace and stability in the South China Sea, China has been persistent in pursuing bilateral negotiations and consultations with the Philippines to resolve relevant disputes," spokeswoman Hua Chunying said in response to a question on the Philippines' efforts in pushing for the establishment of the Arbitral Tribunal in Relation to the Disputes between China and the Philippines in the South China Sea.

It is a commitment undertaken by all signatories, the Philippines included, under the Declaration on the Conduct of Parties in the South China Sea (DOC), that disputes relating to territorial and maritime rights and interests be resolved through negotiations by sovereign states directly concerned therewith, she said, adding that the DOC should be implemented in a comprehensive and serious manner.

"China will adhere to the means of bilateral negotiations to resolve territorial and maritime delimitation disputes both in accordance with applicable rules of international law and in compliance with the spirit of the DOC," Hua said.

Media reports say that an arbitral tribunal on the South China Sea disputes between China and the Philippines has been composed recently at the request of the Philippines.

"On January 22, 2013, the Philippines sent China a note verbale, attached with a notification, to initiate arbitration proceedings against China regarding issues of the South China Sea," said the spokeswoman.

Hua said that on February 19, China stated its rejection of the request for arbitration by the Philippines and returned the latter's note verbale and the attached notification. "The position of China, as indicated above, will not change," Hua noted.

Since the 1970s, the Philippines, in violation of the Charter of the United Nations and principles of international law, illegally occupied some islands and reefs of China's Nansha Islands.

"Firmly and consistently opposed to the illegal occupation by the Philippines, China hereby solemnly reiterates its demand that the Philippines withdraw all its nationals and facilities from China's islands and reefs," she said.

Tensions flared in April 2012 when China sent surveillance vessels to stop a Philippine naval ship arresting Chinese fishermen near the Huangyan Islands.

Manila last year asked United Nations Convention on the Law of the Sea (UNCLOS) Arbitral Tribunal to decide the jurisdiction over the island, a demand rejected by China as Huangyan Island is an integral part of Chinese territory.

Philippine Foreign Affairs Secretary Albert del Rosario said Friday he was confident that the five-member UNCLOS committee would rule in favor of Manila.

However, Zhuang Guotu, dean of the Research School of Southeast Asian Studies at Xiamen University, told the Global Times that the Philippines expectation was not realistic, saying that although the tribunal is likely to accept the case, it hasn't progressed to a specific procedure.

"It will take a long time for the court to conduct an investigation and collect evidence. And during this process, China will also take action. It's not highly likely that the Philippines will win the case," he said.

"Various parties have also gotten involved in the dispute. Unless all the different parties file a petition and the arbitration is heard in a broader context, the Philippines may not win. Even if that happened, winning the case would be a long way away for the Philippines," he noted.

The Association of Southeast Asian Nations (ASEAN) will come to the negotiating table as a group in South China Sea talks with China, the Southeast Asian bloc's Secretary-General Le Luong Minh said Thursday.

Zhuang said the launch of the tribunal and the appointment of the arbitrators are justified according to the International Tribunal for the Law of the Sea. The president of the tribunal has this discretion. The tribunal can investigate and make a ruling with just one side filing a petition over a dispute with the tribunal.

As tensions are rising between the two countries, a group of Chinese tourists will kick off their visit to Xisha Islands in the South China Sea on Sunday, according to Shanghai Morning Post.

The tour is quite low profile with a limit of just 100 participants distributed among travel agencies nationwide for the first pilot program, with costs ranging from 7,000 yuan to 9,000 yuan ($1,135 to $1,459).

The restrictions on the tourists are tight to ensure they are healthy and of appropriate background, the newspaper reported.

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