The global tribunal also found China in violation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), specifically with respect to the Philippines’ sovereign rights in its Exclusive Economic Zone (EEZ), by interfering with fishing and petroleum operation, constructing artificial islands, and to prevent Chinese fishermen from fishing in the zone.
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China, which claims nearly all of the South China Sea, has said the summit is “not a suitable place to discuss” the issue. In fact, Wim Muller of the International Law Programme at policy institute Chatham House in London told CNBC News that China would respond as the world expects it would.
Washington is quickly moving to ease tensions after an worldwide court threw out China’s claims to disputed waters in the South China Sea. The US seems to be the guarantor of the navigation rights of the Pacific and South China Sea, and will need assistance from a rising India, but there can not be any appeasement.
China is claiming over 90 percent of the West Philippine Sea under its so-called “nine-dash line”, encompassing water falling under the jurisdiction of the Philippines and other Southeast Asian countries.
China said on Monday that the maritime dispute should not be included on the ASEM agenda, with assistant foreign minister Kong Xuanyou insisting the meeting was “not an appropriate venue” to discuss the issue.
The Philippines built military facilities on some islands and reefs of China’s Nansha Qundao (the Nansha Islands/Spratly islands) it invaded and illegally occupied and deliberately destroyed survey markers set up by China, it said adding that Manila attempted to illegally occupy China’s Ren’ai Jiao by using a military vessel illegally run around it. It brokered a Pacific free trade pact, which excluded China, and secured five new military bases in the Philippines.
On Wednesday, Tsai said that the ruling “seriously damaged” Taiwan’s rights. China’s immediate response augurs heightened tension in the region.
A statement from the senior Chinese official said he hoped all countries would “work with China to protect the peace and stability of the South China Sea, and not let the South China Sea become the origin of a war”. Several countries have reclaimed islands in the sea to stake their territorial claims. It also asked the tribunal to rule on largescale constructions that China had undertaken in the region.
China rejected the ruling, having declined to participate in the case saying the court had no jurisdiction.
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Cambodia had said even before the tribunal ruling that it would take no part in any joint ASEAN comment, effectively ruling out a statement since the bloc doesn’t speak without full consensus.
