2016年CRI Former Foreign Officials Voice Support for China

Alberto Encomienda worked for ten years as the secretary-general of the Maritimes and Ocean Affairs Center of the Philippine Foreign Affairs Department.

The unilaterally-launched case was filed during his time in office.

He still thinks the nature of the dispute between China and the Philippines concerns territory, which is not subject to the United Nations Convention on the Law of the Sea (UNCLOS).

"The arbitration 1 is not about sovereignty. I think there is something artificially replaced by the Philippines. First, sovereignty rights are not sovereignty. We use it to solve everything? I don't think so."

Encomienda suggests dialogues based on the Declaration on the Code of Conduct on the South China Sea (DOC) is still the best option on the table.

The former Aquino government had claimed that it had tried everything to seek a solution through negotiations 2 with China, but all in vain.

However, Encomienda says the truth was not like that.

"If you look at the timeline, in January 2013 we filed the arbitration. From the view of a lawyer of international law, it's not possible for the Aquino government to have good research or good deliberation before his decision to file the arbitration."

Encomienda also refutes accusations 3 against China's construction projects in the South China Sea, which countries like the United States and the Philippines have blamed for militarizing the region.

He admits the Philippines was indeed the first to build such facilities in the sea area.

"As we tried to enhance our control of the islands, we were the first to build an airfield 4 there. Among all claimant countries, the Philippines was the first build an airfield.

Encomienda also blames the US' frequent show of muscle by sending aircraft carriers to the South China Sea.

He says what the US has done does no good to the regional stability, while its view on International Law reflects a hegemonic mindset.

"That law is basically for big powers. It's good if it's on their side. They will force small countries to follow the law. But when the law is against them, they change the rules."

Stapleton Roy was the US ambassador to China back in the early 1990s.

He also suggests talk is better than court in dealing 5 with issues regarding territorial 6 disputes.

"We don't believe the tribunal will take position on issues of sovereignty or defend the sea limits, which have to be done by bilateral 7 negotiations rather than by the international tribunal independently functioning. So we will pay much attention to the ruling by the international court, but our view is that we hope the temperature to be lowered."

Wu Shicun with the National Institute of South China Sea Studies said the two sides should bear in mind a big picture and seek a joint 8 development while putting aside disputes.

"It's not realistic to resolve it in a short span of time. The only solution is peaceful negotiations between the concerned parties, which has been proved effective in settling complicated demarcation issues. Before that, both sides could join hands to develop the area to build up mutual 9 trust."

China has insisted the Hague-based tribunal has no say in the South China Sea dispute.

Instead, it advocates direct talks that involve nobody else.

The Chinese government says its suggestion is in line with a series of bilateral agreements and the DOC.

All of the documents stipulate 10 the two sides resolve any dispute between themselves through bilateral negotiations.