2016年CRI Expert: China-proposed solution legally founded

Professor Li Juqian with China University of Political Science and Law is confident that the solution to the issue proposed by China has firm legal grounds.

"As early as in 2006, Beijing declared - in line with UNCLOS - to exclude disputes concerning maritime 1 delimitation from mandatory 2 dispute settlement procedures. We have insisted on resolving disputes through bilateral 3 talks, which conform with both UNCLOS and international law."

The case started on Jan. 22, 2013, with the Philippines submission 4 of a Notification and Statement of Claim to the International Tribunal for the Law of the Sea (ITLOS) to initiate 5 compulsory 6 arbitration 7 proceedings 8.

A five-member arbitral tribunal was then created, with the Permanent Court of Arbitration at The Hague as its office of registry.

The tribunal announced on Oct. 29, 2015, that it has jurisdiction 9 to consider seven of the Philippines' submissions 10 while reserving consideration of its jurisdiction to rule on the other submissions to the merits phase.

But Professor Li argues about its jurisdiction.

"In claiming jurisdiction over the case, the tribunal is acting 11 beyond its powers and beyond the authorization 12 of UNCLOS. According to International Law, any concerned party enjoys the right to seek dispute settlements of its own choosing, based on not only the convention, but also common practices and the general principles of law. And in addition, the South China Sea case is in essence about territorial 13 sovereignty and maritime delimitation. Territorial issues are not subject to UNCLOS."

China has insisted the court has no say in the South China Sea dispute.

It also blamed the tribunal for heightening tensions between China and the Philippines, affecting the stability of regional and international maritime order, and contradicting its purpose of peaceful settlement of international disputes.

Since 1995, China and the Philippines have reached a series of bilateral agreements and signed the Declaration on the Conduct of Parties in the South China Sea (DOC). All of the documents stipulate 14 the two sides resolve any dispute between themselves through bilateral negotiations 16.

Professor Li suggests direct talks between Beijing and Manila are still the best option on the table.

"To resolve a dispute, there are different ways. But bilateral negotiation 15 is the best way that would bring the least aftermath. For example, though the lengthy 17 dispute between Thailand and Cambodia over the ownership of Preah Vihear Temple ended in the 1960s with an International Court of Justice (ICJ) ruling in favor of Cambodia, Thailand has come up with new problems with the case recently. So an arbitration only works if both sides accept it. Otherwise, new problems will come."

With regard to the South China Sea case that was unilaterally initiated 18 by the Philippines, Li says, without China's acceptance, the upcoming ruling will do nothing to help solve the problem.

For CRI, this is Liu Mohan.