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Indon official: UNCLOS solves Philippines-China row

Camille Diola - The Philippine Star

MANILA, Philippines — The United Nations Convention on the Law of the Sea (UNCLOS) is the answer to settle maritime disputes over the South China Sea, an Indonesian official said.

Arif Havas Oegroseno, Indonesian Ambassador to the European Union, said that rival claimants correctly resorting to UNCLOS is a lesson from successful settlement of the Philippines-Indonesia boundaries.

"Whether you like it or not, the current prevailing law to settle maritime boundaries is UNCLOS," Oegroseno said in an essay for the Rajaratnam School of International Studies.

"This is true regardless of your historical record, even if it is 115 years old," he added.

China uses a nine-dash line roughly based on historical accounts to assert its claim over 80 percent of the South China Sea, also claimed in parts by the Philippines, Vietnam, Malaysia and Brunei.

The Philippines argues that it is entitled to 200 nautical miles exclusive economic zone as indicated in UNCLOS.

Calling the escalations of claims an "anomaly" in the region, Oegroseno said that the the dispute between Philippines and Indonesia is similar to the Philippines' disagreement with China.

Read: Philippines, Indonesia delineate maritime borders

Unilateral and opposing expressions of claims will not anymore hold up as they cannot be backed by an acknowledged set of rules, such as UNCLOS, meant to peacefully resolve them, Oegroseno said.

"The first Indonesia-Philippines maritime boundary signifies the emergence of a state practice whereby in a maritime boundary dispute a unilateral proclamation of maps will eventually be aligned with prevailing international law," he explained.

The maritime issues that beset the Philippines and Indonesia were recently resolved through a historical bilateral agreement delimiting their overlapping sea claims.

Look for larger interests

Oegroseno, president of the 20th Meeting of the States Parties of UNCLOS in 1982, also suggested that state claimants look for larger interests where they can work together to achieve.

"They are public goods promoted and protected by countries regardless of the lack of maritime boundaries," the diplomat said.

He said that the commitment of the Philippines and Indonesia to the Coral Triangle Initiative, a multilateral partnership addressing threats to coastal and marine resources in the region, encouraged the archipelagos to try to dissolve boundary issues.

Oegroseno urged involved parties to immediately sooth tensions and prevent conflict for the region's stability and security.

"It is my conviction that all claimant states in the South China Sea, especially China, which is also a Permanent Member of the UN Security Council, carry the moral, political, and legal responsibility of creating peace and stability in the world and are able to work together peacefully," he said.

ARIF HAVAS OEGROSENO

CORAL TRIANGLE INITIATIVE

EUROPEAN UNION

INDONESIA

INDONESIAN AMBASSADOR

MARITIME

OEGROSENO

PHILIPPINES

PHILIPPINES AND INDONESIA

SOUTH CHINA SEA

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