China has also shown a lack of regard for UNCLOS by refusing to take part in arbitration with the Philippines under the Convention – a refusal that has not had the desired effect of preventing the Permanent Court of Arbitration from allowing the case to go ahead.
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“The Republic of China government’s determination to defend the country’s sovereignty and maritime rights over the four island chains in the South China Sea is not open to question”, said Ministry of Foreign Affairs spokeswoman Eleanor Wang (王珮玲).
Solicitor General Florin Hilbay, who represented the country before the PCA in July, said the tribunal’s ruling was a favorable action as it upheld the Philippines’ position on the issues of jurisdiction and admissibility.
Earlier this week, the United States sailed a warship through the South China Sea, a key shipping lane, in order to underline freedom of navigation in the area, provoking an angry response from China.
Ian Storey, senior fellow at Institute of Southeast Asian Studies (ISEAS), said a victory for the Philippines would be an indirect victory for the other claimants.
The tribunal ruled that it has jurisdiction to hear merits of the case as presented by Manila under the Unclos, rejecting China’s argument that the dispute was about territorial sovereignty and therefore is beyond the tribunal’s jurisdiction.
“If the United States continues with these kinds of unsafe, provocative acts, there could well be a seriously pressing situation between front line forces from both sides on the sea and in the air, or even a minor incident that sparks war”, a statement paraphrased Wu as saying.
In a text message to reporters, deputy presidential spokesperson Abigail Valte said the ruling would set into motion the country’s formal presentation of its case.
“China should take into consideration a few interests and concerns of the Philippines, and let them see a few hope through bilateral channels”.
As much as anything else this is what lies behind the US Navy sail-by, which instead of encouraging compromise over the South China Sea, is only stoking further tension. A binding ruling would probably be handed down in the first half of 2016, Storey said.
China has refused to participate in the arbitration and stressed it has historic rights over the sea, which is believed to be rich in marine and mineral resources.
However, Euan Graham, director of the global Security Programme at the Lowy Institute in Sydney, cautioned against describing this as a “victory” for the Philippines.
For Dr. Wilfrido Villacorta, Professor Emeritus in the De La Salle University in Manila, the ruling of the “gives both the Philippines and China time and opportunity to contemplate their stakes and options, consider ways to improve their relations, and to arrive at mutually acceptable and beneficial solutions to the dispute”.
Coloma also played down China’s refusal to recognized the court.
The underlying tensions between China and the U.S.in the South China Sea are also having a fall-out on the bonding between Washington and its top allies.
China’s navy chief warned his U.S. counterpart encounters between their forces could spiral into conflict, state media reported, two days after the USS Lassen’s voyage.
Beijing-based naval expert Li Jie said Wu and Richardson’s video call indicated both sides were keen to stick to their crisis-control mechanism.
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A U.S. official said that the Navy chiefs have made a decision to follow rules and carry on negotiations to avoid clashes.
