China claims almost all of the highly strategic sea – home to some of the world’s most important shipping routes – and has steadily strengthened its toehold by converting reefs and sandbars into islands.
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Therefore, the PCA’s ruling serves a legal foundation to confirm that China’s “nine-dash line” is totally baseless.
The PCA’s decision punctures any notion that worldwide law now recognizes “traditional” or “historic” maritime claims not directly associated with recognized sovereign ownership of relevant types of land.
Even just raising the issue at the summit would anger China, which has long bridled at Philippine efforts to have the dispute discussed at multilateral events.
Unlike the former president, Mr Duterte has said he wants to talk directly with China over the issue. “Reputational damage matters to modern states”, he said.
China will take firm responses to any provocative action that undermines China’s sovereignty and security interests in the name of navigation and over-flight freedom, according to the spokesperson.
Kuala Lumpur: Malaysia believes the territorial dispute in the South China Sea can be peacefully resolved through diplomatic and legal processes.
While some member states have welcomed the decision, it was reported Thursday that plans for a joint ASEAN statement had been abandoned.
Ramos, one of Duterte’s main backers, cautioned he may not be able to heed the president’s request.
“We have lodged solemn representations with the Australian side”, Lu said.
Indeed, there is no mechanism to enforce the unanimous ruling, which was handed down Tuesday.
“Vietnam must be very happy, Indonesia too and perhaps Malaysia less obviously”, said Jerome Cohen of the Council on Foreign Relations, the New York-based foreign policy think tank.
Vietnam, another claimant in the sea, added to the pressure on Beijing.
Ramli said he would seek cabinet approval this month for the relocation of fishermen from the crowded island of Java to Natuna.
China says it has historical rights over the sea, which it defines by a “nine-dash line”.
There are multiple alternative legal venues available.
In addition to the ad-hoc PCA tribunal in The Hague, cases could be filed at the U.N.’s highest court, the International Court of Justice, which deals with conflicts between states and regularly settles maritime boundary disputes.
In addition to that, the first judgment regarding the East Sea disputes has also paved the way for the resolution of disputes in the sea in line with global law, especially the UNCLOS. It could not hear the Philippines’ case because it is not mandated to do arbitration. The Philippines sought arbitration in 2013 after witnessing China’s activities in Scarborough and elsewhere in the sea rich with fish and potential energy resources.
In another statement, the Malaysia-China Chamber of Commerce (MCCC) called on the Philippines to engage China in further negotiation for a peaceful resolution. “We will continue to insist on our rights”, he told reporters in Tokyo. Zamora reed is 16 miles from Pag-asa Island.
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Japan began building concrete and steel platforms on the mostly submerged reef in 1987.
