The decision in the case, which was initiated unilaterally by the Philippines despite China's objection, is to be announced on Tuesday by the Arbitral Tribunal at The Hague.
Abdul Gadire Koroma, a Sierra Leonean who served two terms as judge at the International Court of Justice, said "the tribunal is not entitled to decide" questions concerning territorial sovereignty.
Myron Nordquist, a senior fellow at the Center for National Security Law at the University of Virginia School of Law, said "the arbitration sets a bad precedent with its award on jurisdiction".
"There is no way to guarantee the effectiveness of the Article 298 declarations except to honor the text which, despite my deep respect for the tribunal members and their good faith, was not done in this arbitration," said Nordquist.
Article 298 of the United Nations Convention on the Law of the Sea excludes compulsory arbitration on issues including maritime boundaries. In 2006, China declared it would exercise its rights under Article 298.
"They have already shown so much prejudice (against China)," Nordquist said.
In an earlier interview with China Daily, Nordquist also said he thought the United States is behind the Philippines' efforts to stir up the situation......http://www.china.org.cn/world/2016-07/12/content_38858851.htm
12/7/16
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Law-abusing tribunal issues ill-founded award on South China Sea arbitration
The tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award on Tuesday, amid a global chorus that as the panel has no jurisdiction, its decision is naturally null and void.
A source with the Philippine Foreign Ministry told Xinhua that the ministry has received the award.
China need not care about the arbitration ruling, which is not legally valid as arbitration requires all parties to agree to refer the case to arbitration and adhere to the decision. Since China, a party to the dispute, refused to refer the case to arbitration, the entire arbitration is invalid and ridiculous. The ruling is essentially a joke, Zhao Yongsheng, a Paris-based economist and vice-president of the China-France Association of Lawyers and Economists told the Global Times.
[Xinhua -globaltimes.cn]
12/7/16
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- Full text of statement of China's Foreign Ministry on award of South China Sea arbitration initiated by Philippines...
Following is the full text of the Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines issued on Tuesday.
Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines.
With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of the People's Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it......http://www.globaltimes.cn/content/993798.shtml
12/7/16
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Südchinesisches Meer: Schiedsgericht weist Chinas Ansprüche ab..
ReplyDeleteChina hat keine Hoheitsansprüche auf Inseln im Südchinesischen Meer. Das entschied das Ständige Schiedsgericht in Den Haag - und gab damit einer Klage der Philippinen Recht. Peking hat sehr deutlich darauf reagiert.
Der Ständige Schiedshof in Den Haag hat die Gebietsansprüche Chinas im Südchinesischen Meer für unrechtmäßig erklärt. Der Schiedshof urteilte am Dienstag, es gebe „keine rechtliche Grundlage“ dafür, dass China „historische Rechte“ auf die Ressourcen in dem Seegebiet geltend machen wolle. Die fünf Schiedsrichter gaben damit nach mehrjähriger Verhandlung einer Klage der Philippinen Recht.
Die Regierung der Philippinen begrüßte umgehend die Entscheidung, rief zugleich aber zur Zurückhaltung auf. China, das die Verhandlungen boykottiert hatte, hatte zuvor mehrfach bekräftigt, es werde die Entscheidung nicht akzeptieren. Inzwischen hat China bekannt gegeben, das Urteil für „null und nichtig“ zu erklären, man werde es weder „akzeptieren noch anerkennen“, schreibt das Außenministerium in einer Mitteilung. Pekings territoriale Souveränität und maritime Rechte im Südchinesischen Meer dürften unter keinen Umständen in Frage gestellt werden, heißt es weiter....faz.net
FOCUS: Ruling on S. China Sea gives Philippines "potent legal platform"...
ReplyDeleteThe landmark decision on Tuesday of the Permanent Court of Arbitration in The Hague on the territorial disputes in the South China Sea provides the Philippines a "potent legal platform" to assert its maritime entitlements and territorial integrity, particularly against Asia's superpower China, the Philippines' former top government lawyer said.
Former Solicitor General Francis Jardeleza, who was part of the original legal team when the Philippines filed the arbitration case against China in January 2013, until he was appointed as associate justice of the Philippine Supreme Court -- a position he still holds -- told a news conference after the handing down of the decision that with "the rights and obligations of the parties under the UNCLOS" already "clarified," the new administration of President Rodrigo Duterte can then pursue those goals.
The Philippines filed its case based on the United Nations Convention on the Law of the Sea, known as UNCLOS, which it and China are both parties to.
"It has been the consistent view of the legal team that this award will be a potent legal platform as our country moves forward to the political and diplomatic phase of our goal of effectively asserting our maritime entitlements under the UNCLOS," Jardeleza said, stressing the binding nature of the award, particularly on China, which, like the Philippines, is among 168 countries that have ratified the convention.
"Former Solicitor General Florin Hilbay and I recognize that our goal of securing our maritime entitlements and ultimately, our territorial integrity, is a process that will take time," Jardeleza said, referring to his successor, who mainly appeared during the proceedings in The Hague. "However, with this legal advantage, the chief diplomat and architect of our foreign policy, President Rodrigo Duterte, can now proceed with the necessary tools at his disposal to get this job done."
"What can be done, moving forward, is for our policy makers (to take) the political and diplomatic options," he added.
Jardeleza noted that the five-member tribunal's ruling affirmed almost all of the Philippines' 15 positions and that it is already final......http://english.kyodonews.jp/news/2016/07/420971.html