Philippine Solicitor General Jose Calida said the ruling will form the basis for any negotiations. “What makes Scarborough Shoal exceptional?”
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China is claiming sovereignty over a large portion of the South China Sea. “Efforts to force us to succumb to pressure will only be counterproductive”.
That fact is not lost on the United States.
So instead, De Borja says, the Philippine government chose to take the matter to worldwide court, in a filing under the United Nations convention on the law of the sea, explaining, “Initially there was some hesitation to do it because it has never been done before”.
Last Friday, Beijing conducted a freedom of navigation maneuver of its own, with the People’s Liberation Army Air Force (PLAAF) flying an H-6K long-range nuclear-capable bomber over Scarborough Shoal, located in disputed waters of the South China Sea. But what it does though is firmly establish the rule of law, under the united nations convention on the law of the sea, saying, “What the Philippine government wanted was to clarify the maritime entitlements, which is very different from a territorial dispute”. The U.S. and others refuse to recognize the zone.
“Definitely the USA has sent some strong signals to the Chinese that they’re willing to do more than they’re used to”, says Jay Batongbacal, director of the Institute for Maritime Affairs and Law of the Sea at the University of the Philippines.
However, Chinese President Xi Jinping has said China will not be bound by the “ill-founded” and “naturally null and void” ruling, stating that their “territorial sovereignty and marine rights” came first.
“I think it is also meant to deter the Philippines and the US from being aggressive in a similar way in the same location”, Schoff said.
Filipinos have poor trust in China, their country’s principal rival over territories in the South China Sea, according to a recent survey by the Social Weather Stations (SWS).
Richard Heydarian of Manila’s De La Salle University isn’t so sure. We have more, from Neal Conan in the Pacific News Minute.
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James Schoff, an Asia expert at the Carnegie Endowment for International Peace, called the recent flight of the nuclear-capable aircraft an “emphatic demonstration” of China’s defiance that was created to sap the Philippines of confidence that its USA ally will uphold its defense treaty obligations.
In a veiled threat to the US, China’s Adm Sun Jianguo, deputy chief of the Joint Staff Department of the Central Military Commission, warned that such actions could do more harm instead.
That hasn’t happened so far. Beijing refused to participate in the proceedings brought by the Philippines. There’s an expectation here that this restraint will last, at least for a few months.
“By doing so, we are both exercising our rights in accordance with worldwide law, and safeguarding the dignity of global law”, he said. “Of course it can help to improve our working and personal relationship”.
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In a move likely to reflect China’s bid to minimise tensions, the exercise area excludes the Paracels and Spratlys.
