Posts tagged ‘Permanent Court of Arbitration’

25/07/2016

ASEAN breaks deadlock on South China Sea, Beijing thanks Cambodia for support | Reuters

Southeast Asian nations overcame days of deadlock on Monday when the Philippines dropped a request for their joint statement to mention a landmark legal ruling on the South China Sea, officials said, after objections from Cambodia.

China publicly thanked Cambodia for supporting its stance on maritime disputes, a position which threw the regional block’s weekend meeting in the Laos capital of Vientiane into disarray.

Competing claims with China in the vital shipping lane are among the most contentious issues for the Association of Southeast Asian Nations, with its 10 members pulled between their desire to assert their sovereignty while finding common ground and fostering ties with Beijing.

In a ruling by the U.N.-backed Permanent Court of Arbitration on July 12, the Philippines won an emphatic legal victory over China on the dispute.

The Philippines and Vietnam both wanted the ruling, which denied China’s sweeping claims in the strategic seaway that channels more than $5 trillion in global trade each year, and a call to respect international maritime law to feature in the communique.

Backing China’s call for bilateral discussions, Cambodia opposed the wording on the ruling, diplomats said.

Manila agreed to drop the reference to the ruling in the communique, one ASEAN diplomat said on Monday, in an effort to prevent the disagreement leading to the group failing to issue a statement.

The communique referred instead to the need to find peaceful resolutions to disputes in the South China Sea in accordance with international law, including the United Nations’ law of the sea, to which the court ruling referred.

Source: ASEAN breaks deadlock on South China Sea, Beijing thanks Cambodia for support | Reuters

13/02/2014

For South China Sea claimants, a legal venue to battle China | Reuters

When Philippine President Benigno Aquino compared China to the Germany of 1938 and called for global support as his country battles Beijing’s claims in the South China Sea, he put the focus on a case that Manila has filed in an international court.

Chinese naval soldiers stand guard on China's first aircraft carrier Liaoning, as it travels towards a military base in Sanya, Hainan province, in this undated picture made available on November 30, 2013. Ongoing tensions with the Philippines, Japan and other neighbours over disputed territories in East and South China Sea were heightened by China establishing a new airspace defense zone. REUTERS/Stringer

The Philippines has taken its dispute with China to arbitration under the United Nations’ Convention on the Law of the Sea and its lawyers say that the tribunal has discretionary powers to allow other states to join the action.

China is refusing to participate and has already warned Vietnam against joining the case being heard at the Permanent Court of Arbitration at The Hague, sources have said. Hanoi has so far kept its options open.

Any final ruling by the court on the dispute, one of the most tense flashpoints in Asia, cannot be enforced but will carry considerable moral and political weight, analysts say.

“If a large number of countries, including members of ASEAN, speak out in support of the application of international law to resolve disputes, Beijing might conclude that flouting the ruling of the tribunal is too costly, even if China’s nine-dash line is found to be illegal,” said Bonnie Glaser at the Centre for Strategic and International Studies in Washington.

ASEAN, or the Association of Southeast Asian Nations, groups four of the claimants to the sea – Malaysia, the Philippines, Brunei and Vietnam – and six other countries in the region.

China, and also Taiwan, claim much of the sea through a nine-dash line on Chinese maps that encompasses about 90 percent of its 3.5 million sq km (1.35 million sq mile) waters. The sea provides 10 percent of the global fisheries catch and carries $5 trillion in ship-borne trade each year.

via For South China Sea claimants, a legal venue to battle China | Reuters.

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