China opposes taking dispute to int'l tribunal

Photo taken from the South Sea Conversations website shows Philippine Navy personnel and then congressmen Roque Ablan and Jose Yap planting a Philippine flag on Scarborough Shoal in May 1997.





MANILA, Philippines - China has recognized that the UnitedNations Convention on the Law of the Sea (UNCLOS) allows coastal states to claim a 200-nautical-mile exclusiveeconomic zone (EEZ), providing legal basis for the Philippines’ territorial claims.

China, however, declared “there is no such issue of taking the dispute” before the International Tribunal on the Law of the Sea (ITLOS).

Chinese Foreign Ministry spokesperson Liu Weimin rejected anew the Philippines’ invitation for both countries to proceed to the UN-backed tribunal to defend their respective claims over Panatag (Scarborough) Shoal for a legal and lasting solution instead of a diplomatic solution.

With Beijing’s rejection, the Philippines appeared to be heading to the ITLOS alone.
The Philippines believes the world is watching China’s claims over the shoal, which Beijing calls Huangyan Island.

Manila declared last week that it would proceed to the ITLOS “unilaterally” to resolve the territorial dispute if Beijing would not join Manila in submitting the claims and defending its position before the tribunal.

“The UN Convention on the Law of the Sea allows coastal states to claim a 200-nautical-mile exclusive economic zone, but coastal states have no rights to undermine other countries’ inherent territorial sovereignty based on that,” Liu said in a press conference in Beijing on Thursday.

“The Huangyan Island is China’s inherent territory and there is no such issue of taking the dispute to the International Tribunal on the Law of the Sea,” he said.

Liu said “any attempt to change the ownership of territorial sovereignty by using the UNCLOS is against international laws as well as the purpose and principle of the UNCLOS.”

Liu said some senior Philippine officials misled public opinion by making repeated remarks that the Philippines has sovereignty over the shoal, adding that it is in disregard of historical facts and legal evidence.

The Department of Foreign Affairs (DFA) expressed concern on Monday over the misleading information being sent to Beijing by the Chinese embassy in Manila.

Foreign Affairs spokesman Raul Hernandez quoted Foreign Affairs Secretary Albert del Rosario as saying that “some information that should have been conveyed to the Chinese government in Beijing was not very complete and even misleading.”


Del Rosario was referring to the agreement that both governments would decide to withdraw their ships but there was no agreement yet because this was still being discussed.

President Aquino, on the other hand, expressed belief that China’s aggression in the West Philippine Sea should worry other nations in the region, particularly the Association of Southeast Asian Nations (ASEAN) and the rest of the international community.

Lawmakers led by Senate President Juan Ponce Enrile supported the DFA in bringing the issue before ITLOS.
Enrile said bringing the country’s ongoing dispute with China to an international tribunal is the right thing to do under the present circumstances.

Taking the dispute to an international tribunal would show the world that the Philippines is a peaceful country and one that is “adhering to the accepted principles of international law,” Enrile said.

According to Enrile, several nations within and outside of Southeast Asia are monitoring the developments at the West Philippine Sea and are aware of the moves China is making in these waters.

“Any possible disturbance of international peace is a concern of the world. So we are being watched and I think that the small nations of the world, including the small nations of Southeast Asia, are watching this move of China,” Enrile said.

Sen. Gregorio Honasan also stressed the need for the US and ASEAN to issue a commitment with the Philippines regarding the maritime dispute with China.

Honasan said the right direction should be towards a “diplomatic resolution” by raising the issue before the ITLOS and a parallel Philippine initiative to seek support of ASEAN partners.

Aquino also noted China’s nine-dash theory on a map that virtually claimed the whole of the West Philippine Sea.
“(The claim) is far-reaching – the entire thing even those who are transiting this... Look at what is excluded and what they are claiming? So how can the others not be fearful of what is transpiring? Will this become an exclusive claim?” Aquino told reporters Monday.

Aquino said China’s claims had been getting closer and closer to Philippine shores despite international laws delineating maritime territories of nations.

While diplomatic solutions were being worked out, Aquino said the Philippines would maintain its presence in Panatag Shoal and assert the country’s sovereignty in those areas.

“It’s the showing of the flag,” Aquino said. “We believe these are our waters. Therefore, our vessel has the right to be in our waters.”

“The dispute has to be settled. It can’t be left hanging forever,” he said.
Also on Monday, Aquino sought unity among Filipinos, including the media, in dealing with the Philippines’ current standoff with China over the shoal.

He cited the positive opinions on the country’s stand at this time, even from foreign observers.

Newsweek magazine said the Philippines was showing “testicular fortitude” in asserting its territory.

“I believe that every Filipino is riding in one boat and all Filipinos have the responsibility to paddle to reach our dreams. If every Filipino has full support (for the country’s stand) on Panatag Shoal, we can also smoothly direct the nation to face any tidal waves that may still come?” Aquino said.

Speaking at the book launching of the People Power Volunteers for Reform in San Juan yesterday, Aquino said it was important for the world to know what “China is doing to us.”

“If we are being treated this way, countries of the same size or those smaller can also be given the same treatment,” he said.

Aquino said China, being a signatory to the UNCLOS, must follow it as a responsible member of the international community. 

Historical right?

China claims it has ample jurisprudential evidence supporting its sovereign rights over the shoal as the first to discover the island.

According to Liu, the waters surrounding the shoal have been a traditional fishing ground for Chinese fishermen.
Panatag Shoal is an integral part of the Philippine territory. The shoal is 124 nautical miles from the nearest basepoint in Zambales. It is within the Philippines’ 200-nautical mile EEZ and continental shelf.

The Philippines’ claim to sovereignty in Panatag Shoal is supported by the UNCLOS and international law is clear in terms of the fact that the Philippines is well within the 200 nautical miles EEZ and also within the continental shelf.

China only stands on a historical claim, which the Philippines views as not supported by UNCLOS.

Del Rosario declared on Monday that the Philippines has “no intention” of leaving Panatag even as China continues to deploy more ships to the area.

Naming the island does not entitle Beijing to ownership of the area, Del Rosario said, noting that Panatag is part of Masinloc town of Zambales.

Former vice president and foreign secretary Teofisto Guingona Jr. said China’s claim of ownership of the shoal would not be binding.

“Discovery without sovereignty is not sufficient,” Guingona said.

“It (Panatag shoal) is part of the main island of Zambales and therefore it is part and parcel of the Philippines,” he said.

“While it was discovered by China in 1296, they did not comply with the jurisdictional acts which are necessary to make the Chinese the legitimate owners,” Guingona said.

However, the Philippines should still institute further moves to assert its jurisdiction over the disputed shoal, he said.

One move is to attend to the Filipino fishermen who are using the shoal as a shelter, Guingona said.
He also called on the government to repair the lighthouse there and “get a ship for reviewing the resources of the area.”

Guingona also said the government must make plans to develop Panatag Shoal as a tourist spot.
Del Rosario first raised the issue last July before Chinese Foreign Minister Yang Jiechi as well as Vice President Xi Jinping to bring their claims to the ITLOS.

But the response Del Rosario received was that the Philippines and China should settle this bilaterally and not use a dispute settlementmechanism.

The Chinese officials stressed they should not go the legal way but do it the friendly way.

“So effectively they said no to our suggestion that we take it to international arbitration,” Del Rosario said.
Liu’s declaration on April 19 that there is no such issue of taking the dispute to ITLOS confirmed China’s response to Del Rosario in July that Beijing is not prepared to submit its claim to the UN-backed tribunal and defend its position.

The DFA reiterated the Panatag Shoal issue would be on the agenda during the 2 plus 2 meeting of Del Rosario and Defense Secretary Voltaire Gazmin with their counterparts, US Secretary of State Hillary Clinton and US Defense Secretary Leon Panetta in Washington this month.

Del Rosario said Saturday that his discussions with American officials during his recent US trip were limited to two issues – the overall topic involving the West Philippine Sea, including the Panatag Shoal.

Guingona, on the other hand, urged the government to assign a “good diplomat” to officially talk with China over the issue on Panatag Shoal.

“We’re not talking. We are looking at each other from one vessel to another. This is bad because our strategy should not be to fight a war against a giant,” Guingona told the First Nationalist Congress organized by the group Kilusang Makabansang Ekonomiya in QuezonCity.

“We need a good diplomat,” Guingona stressed, citing the need for an “honest-to-goodness conversation with China.”

“There is no cause why we should fight China,” he said.([url=http://www.philstar.com/Article.aspx?articleId=800424&publicationSubCategoryId=63]Philippine Star[/url]