Chinese snub of Philippines' case 'shows respect for int'l law'

MANILA, Philippines - In a rare attempt to justify its maritime claims, the Chinese government through its news outfit Xinhua called the Philippine-initiated arbitration over the West Philippine Sea a "political farce," insisting that the international tribunal has "no jurisdiction" over the dispute.

The editorial published last week argues that China's rejection of the arbitration and the latest procedural order issued by the Hague-based ad hoc tribunal pursuant to the United Nations Convention on the Law of the Sea (UNCLOS) is "by no means [a] defiance."

"On the contrary, it shows China's respect for international law," it said.

While admitting that the theoretical nine-dash line a matter or history than law, the statement also denounces the Philippines' pursuit for a ruling that will reject China's claim as a violation of the international convention.

Also read: China rejects arbitral court's order

"The line, declared by the Chinese government in as early as 1947 and clearly marked in historical documents, obviously concerns a matter of sovereignty and is not governed by UNCLOS," it said.

It claims that Manila is only resorting to arbitration as a political move even while knowing it is not a legally meaningful act.

The state news organization also called the third party arbiter "irrelevant" in the sea row.

"The sole reason why the Philippines submitted the dispute to an irrelevant third party is that it wants to further complicate the situation and make its dispute more of an international issue," the editorial said.

Earlier this month, Beijing ignored the five-member tribunal's request for it to respond to Philippines' claim by December.

"Though a UNCLOS signatory, in 2006 China filed a formal declaration that invoked the opt-out clause of Article 298 of the convention," the outfit said.

"The Philippines obviously knew this when it referred the dispute to the arbitrator last year. Its claim is carefully framed to avoid the situations itemized in the opt-out clause," Xinhua also claimed.

The report also argued that China's sweeping claim is not under the authority of UNCLOS as it does not have the nature of a "boundary" line as recognized in its provisions.

"According to the rules of convention, entitled China to reject arbitration in disputes concerning boundaries, historic titles, or military activity," it added.

International lawyer Harry Roque has said in his blog, however, that the Philippine claim "crafted in a manner that will exclude all of China’s reservations."

Roque said there is no issue on whether China could be a party in the proceedings as it is a signatory to the UNCLOS.

This entails that China has also accepted the dispute settlement provision under the international convention, even as it has the right to snub the proceedings.

The Philippines is also seeking clarification from the tribunal that the disputed waters are part of its 200-nautical-mile exclusive economic zone.

Roque admitted that while a ruling may not completely resolve conflicting claims to land territories, the Philippines will score points if the nine-dash line will be declared invalid by the court.