Home / opinions / PH wins Int’l Arbritation Case vs China; China ignores the said ruling

 
Image from ABIAS-CBN

Image from ABIAS-CBN

July 12, 2016 is now a day to be remembered in history as an example of a “David versus Goliath” story but with countries this time.

The International Court of Arbitration, located in the Hague, has ruled out that China’s claims has no basis and does not conform to international laws.

Filipinos worldwide is in jubilant spirits as the news of the RP as ‘David’ winning the case against Chinese ‘Goliath’.

International Arbitration was the option that Philippine government took as it snubbed China’s call for bilateral talks in resolving the South China or West Philippine Sea territorial dispute. The ruling cited that China violated the international law about Philippines’s entitlement of its EEZ (Exclusive Economic Zone)

On its 507-page decision, the International Court cited some of the following grounds for invalidating China’s claims:

(1) China’s maritime entitlements in the South China Sea, like those of the Philippines, may not extend beyond those expressly permitted by the United Nations Convention on the Law of the Sea;

(2) China’s claims to sovereign rights jurisdiction, and to “historic rights”, with respect to the maritime areas of the South China Sea encompassed by the so-called “nine-dash line” are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements expressly permitted by UNCLOS;

(5) Mischief Reef and Second Thomas Shoal are part of the exclusive economic zone and continental shelf of the Philippines;

Former foreign Affairs secretary Albert del Rosario expressed elation over the ruling the Arbritration Court released earlier this day.

China, as expected, stated not to recognise the ruling by the International Court. Stated by its Xinhua state owned news agency, China “does not accept and does not recognize” any ruling that the international court might rule over the disputed waters. Earlier this year, Chinese President Xi Jinping expressed a strong stance against the case hearing being conduction or in the future the international court has or will conduct.

China has been aggresively occupying the disputed islands in the West Philippine Sea by building several military installations and bases. Chinese Coast Guard patrol ships have been chasing off small time fishermen that has crossed its claimed “state territory” and conducting military drills and live fire exercises to show off its military capability.

In an unlikely turn of events, China finds an unlikely ally in Taiwan as it also finds the international ruling “baseless and no influence of the region”. Taipei has stated that any International Court has no power in deciding any cases between nations.

International experts have agreed that this decision might urge other claimants to file a case against China over its “nine dash line”. They all also agreed that any action the Philippine Government is thinking of taking has to be thought of carefully as it might start extended tensions between two nations.

 

About the author: Ralph Bonotan

 

Ralph is a freelance writer in Davao. He is an IT personnel and teacher.

 

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