HAIKOU CITY, Hainan – Chinese experts on issues surrounding the disputes on the South China Sea yesterday rejected the Philippines’ proposed triple action plan (TAP) that aims to reduce the escalating tensions among claimant countries over the contested waters.
Experts from China’s think-tank National Institute for South China Sea Studies (NISCSS) told the Philippine media delegation at their main office here that the TAP cannot be implemented since the Philippines already filed an arbitration case before the International Tribunal on the Laws of the Seas (ITLOS).
Wu Shicun, president and senior research fellow of the NISCSS, said the TAP did not take off because the Philippines went on to file the arbitration case, which is supposed to be the final approach in settling the dispute over the overlapping territorial boundaries of claimant countries.
“Why did China had no response to the initiatives? (It is) because the Philippines itself has not followed its initiatives. For example, according to the triple action plan, the South China dispute (should be resolved in stages),” Wu pointed out.
“The Philippines now jumped out or skipped to the final stage to solve the South China Sea by international jurisprudence or arbitration,” he added.
Wu also expressed belief that the TAP was crafted by the Philippines after China built artificial islands in the West Philippine Sea.
“After 2009, everything has changed. China is not the only country that constructed civilian facilities,” he said, defending Beijing’s move to construct airstrips and outposts in many of the disputed areas.
Wu also declared that the Chinese government would not abide by any decision of the tribunal on the arbitration case.
“China will not follow the judgment when the tribunal makes the final award to this,” Wu said.
Whether or not the tribunal’s judgment favors China, Wu does not think that the dispute between the two countries will be resolved.
Last August, the Department of Foreign Affairs (DFA) announced details of the TAP in a bid to put up determined actions to reduce tensions and work to resolve the disputes in the South China Sea.
As an immediate approach, the DFA said that the TAP calls for a moratorium on specific activities that escalate tension in the South China Sea. This approach brings the need for a more concrete definition of paragraph five of the ASEAN-China Declaration of Conduct on the South China Sea (DOC).
For the intermediate approach, the TAP highlights the need and call for the full and effective implementation of the DOC and the expeditious conclusion of the Code of Conduct.
As a final approach, the TAP underscores the need for settlement mechanism to bring the disputes to a final and enduring resolution anchored on international law.
But Chinese scholars expressed belief that the TAP had similarities with the pitch of the United States government on the South China Sea disputes.
Scholar Kang Lin raised concern that the US government had a hand in the crafting of the TAP.
“My question for you is why is the Philippines proposal so similar with the US proposal?” Kang asked.
DFA: Phl won’t slow down on arbitration
Wu also told visiting Filipino journalists that an option for the Philippines is to withdraw the arbitration case “as a good gesture” to improve the strained relations between Manila and Beijing.
The Philippines rejected China’s “unacceptable” option. The DFA said the Philippines would not slow down on the international arbitration effort seeking a legal and lasting solution to the territorial dispute with China, as Manila is committed to see the proceedings through to its conclusion.
“The Philippines’ commitment to promote the primacy of the rule of law in the South China Sea is unwavering. We are fully committed to pursue the arbitration case to its logical conclusion,” DFA spokesman Charles Jose said.
He also maintained that arbitration is an open, friendly and an internationally accepted mechanism to peacefully settle disputes.
“Arbitration would lead to a clarification of maritime entitlements accorded to each party by international law. Such clarification would be a solid basis for a final and enduring solution to the maritime disputes in the South China Sea. Furthermore, the decision of the arbitral tribunal will become the established order in terms of maritime entitlements,” Jose said. With Pia Lee-Brago