China Seeks Peaceful Options to Save Face after Defeat to the Philippines in South China Sea Arbitration
Arthur Dominic Villasanta | | Jul 13, 2016 02:54 AM EDT |
Chinese HQ-9 surface-to-air missile battery.
Short of declaring war on the Philippines or imposing a unilateral air defense identification zone (ADIZ) that might trigger a war, China is left with few options to peacefully enforce its claims to own most of the disputed South China Sea.
The July 12 ruling of the United Nations' Permanent Court of Arbitration (PCA) in The Hague nullified China's "nine-dash line" China says proves its ownership of the South China Sea based on "historical rights."
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This adverse ruling also extinguishes any semblance of legitimacy of China's now unlawful claim. Legal experts said China risks violating international law if it continues to ignore the ruling.
Under the United Nations Convention of the Law of the Sea (UNCLOS), which the Philippines used as the basis for its lawsuit and which China also signed, China is supposed to withdraw from the disputed areas and pay the Philippines compensation for the economic damage its "nine-dash line" policy caused.
None of these punitive measures will come to pass, however, since China has declared the court's decision "null and void."
On the other hand, Washington is warning China has kept adding military hardware and weapons to its man-made islands in the South China Sea. U.S. State Department spokesman John Kirby said Washington has seen signs of continued militarization by China in the South China Sea over the past few weeks.
The arbitral court's ruling declared large areas of the South China Sea as neutral international waters or the exclusive economic zones of other countries such as the Philippines, and not owned solely by China based on specious historical arguments with no basis in modern international law. China boycotted the tribunal's proceedings.
The PCA upheld practically all the points raised by the Philippines, which filed the case against China in 2013.
"The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the 'nine-dash line'," it declared in a statement.
It said there was no legal basis for China to claim historic rights to resources within its "nine-dash line" covering almost 90 percent of the South China Sea. It ruled none of China's reefs and holdings in the Spratly Islands entitle China to a 200 mile exclusive economic zone.
The court also ruled China had breached the Philippines' sovereign rights by endangering Philippine ships and fishing and oil projects.
With the ruling, China is being painted an outlaw state for refusing to heed the findings of the PCA.
This perception isn't being helped by China's President Xi Jinping rejecting the tribunal's ruling and affirming China's "territorial sovereignty and marine rights" in the seas will not be affected.
"China will never accept any claim or action based on those awards," Xi said.
China's ambassador to the United States was even more bellicose, declaring the ruling makes war against the U.S. more possible. Cui Tiankai said the tribunal's decision will "intensify conflict and even confrontation."
He blamed the rise in tensions in Asia on the United States' "pivot" to Asia announced by President Barack Obama in 2012. Cui said the arbitration case "will probably open the door of abusing arbitration procedures."
"It will certainly undermine and weaken the motivation of states to engage in negotiations and consultations for solving their disputes," said Cui.
"It will certainly intensify conflict and even confrontation."
The United States, which China has accused of stoking tensions and militarizing the South China Sea with patrols and exercises, said the ruling should be treated as final and binding.
"We certainly would urge all parties not to use this as an opportunity to engage in escalatory or provocative action," said White House spokesman Josh Earnest.
The South China Sea is believed to hold a massive wealth of untapped oil and gas reserves. In addition, some $4.5 trillion in trade transits the South China Sea every year.
TagsPermanent Court of Arbitration, Philippines, china, United Nations Convention of the Law of the Sea, nine dash line, Xi Jinping, South China Sea
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