'China will ignore arbitral court's request'

MANILA, Philippines — China is likely to ignore the procedural order of the United Nations Convention on the Law of the Sea (UNCLOS) tribunal to submit its arguments against the Philippines' claim, a security expert said.

Rommel Banlaoi, a defense academician and chair of the Philippine Institute of Peace, Violence and Terrorism Research, said that China has, in the past, categorically rejected the arbitration initiated by the Philippines in a bid to settle contesting claims over parts of the South China Sea.

"Based on my knowledge of China, China will ignore the request," Banlaoi said in a phone interview with Philstar.com.

"Even if the arbitral tribunal renders final decision on the issue, it will ignore it especially if the ruling will not favor China," he added.

Banlaoi said that China's inaction in the proceedings will not be an advantage to the Philippines as the arbitration would still push through.

"It's even making the process more difficult because the other party is not cooperating," Banlaoi said.

According to the Permanent Court of Arbitration's rules of procedure, failure of a party to appear or submit a memorial or written pleading to aid in the case will "not constitute a bar to the proceedings."

Banlaoi said that after the international court makes a decision favoring either party, the next "problem" will be enforcement in the disputed waters.

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In recent years, China has grown its civilian and military presence in maritime areas within the Philippines' 200 nautical mile exclusive economic zone.

The Asian power's actions have been slammed by the United States as disrupting regional stability while rival claimants such as the Philippines and Vietnam have filed diplomatic protests over China's harassment of civilian vessels and crewmen in the waters.

Banlaoi said that both countries have to play the political game to settle the sea row peacefully, using the tribunal's impending ruling on the claims.

On Wednesday, the UNCLOS trbunal issued a note fixing December 15 as the deadline for China to submit its counter-memorial to assure that both parties will be heard by the five arbitrators from Ghana, Poland, France, Netherlands and Germany.

The Philippines has submitted its 4,000-page pleading last March 30 to the international court.

"By going to arbitration, the Philippines has signaled its fidelity to international law ... With the submission of the Philippine Memorial and with the support of the Filipino people, we are defending what is legitimately and rightfully ours," Foreign Affairs Secretary Albert del Rosario had said.