(BGF) – Li Jieyu, a research fellow in international relations at at Hainan Provincial Party School pointed out in the Global Times that the Philippines’ file against China’s territorial claims over the South China Sea is an violation of the stipulations of the UN Convention on the Law of the Sea (UNCLOS), and China isn’t fearful of the suit.
Click here to read full story or visit the Global times website.
No legal basis for Philippine maritime suit
March 25, 2013 | By Li Jieyu
he Philippines recently filed a complaint against China over the South China Sea disputes in the UN International Tribunal for the Law of the Sea (ITLOS).
China isn’t fearful of the suit. The action of the Philippines violated the stipulations of the UN Convention on the Law of the Sea (UNCLOS).
In line with UNCLOS, before the maritime boundary delimitation dispute is resolved, the disputants should lay out transitional agreement, and avoid taking unilateral actions that prejudice the settlement.
China and the ASEAN claimants in the South China Sea disputes once agreed to shelve the disputes and develop the resources jointly.
In March, 2011, Philippine President Benigno Aquino III expressed a desire to exploit the resources in Reed Tablemount, known as Liyue Tan in China, together with other claimants. However, Secretary of Foreign Affairs Albert del Rosario rejected the statement in February 2012 and excluded the possibility of joint exploitation of Reed Tablemount, which is an integral part of the Nansha Islands.
Regarding the Huangyan Island incident in April 2012, the Philippines sent a warship to arrest Chinese fishermen anchored in the lagoon of the island. The island is China’s territory in accordance with UNCLOS. The adjacent 12 nautical mile-wide waters, therefore, is its territorial sea, where China has the legal right to implement domestic laws and regulations.
The Philippines without any doubt violated the convention in terms of innocent passage and should be driven out immediately due to the law on the territorial sea of China.
Click here to continue reading.