South China Sea: Tribunal backs case against China brought by Philippines
An
international tribunal has ruled against Chinese claims to rights in the South
China Sea, backing a case brought by the Philippines.
The Permanent Court of Arbitration
said there was no evidence that China had historically exercised exclusive
control over the waters or resources.
China
called the ruling "ill-founded" and says it will not be bound by it.
China
claims almost all of the South China Sea, including reefs and islands also
claimed by others.
The
tribunal in The Hague said China had violated the Philippines' sovereign
rights. It also said China had caused "severe harm to the coral reef
environment" by building artificial islands.
- China's Island Factory
- Mysteries and maritime
claims
- In pictures: How the ruling
affects the livelihood of Filipino fishermen
- Flying close to China's new
islands
The
ruling came from an arbitration tribunal under the United Nations Convention on
the Law of the Sea (UNCLOS), which both countries have signed.
It ruled
on seven of 15 points brought by the Philippines. Among the key findings were:
- Fishermen from the
Philippines and China both had fishing rights around the disputed
Scarborough Shoal area, and China had interfered by restricting access
- China had "destroyed
evidence of the natural condition of features in the South China Sea"
that formed part of the dispute
Transient use of features
above water did not constitute inhabitation - one of the key conditions
for claiming land rights of 200 nautical miles, rather than the 12 miles
granted for rocks visible at high tide.
The
ruling is binding but the Permanent Court of Arbitration has no powers of
enforcement.
The dispute
The
Philippines has had diplomatic spats with China over the Scarborough Shoal and
Spratlys in particular.
It says
China's "nine-dash line", which China uses to demarcate its
territorial claims, is unlawful under the UNCLOS convention.
Vietnam,
Taiwan, Malaysia and Brunei also have competing claims in the region.
Although
these islands are largely uninhabited, they may have reserves of natural
resources around them. There has been little detailed exploration of the area,
so estimates are largely extrapolated from the mineral wealth of neighbouring
areas.
The sea
is also a major shipping route and home to fishing grounds that supply the
livelihoods of people across the region.
Why
is the South China Sea contentious?
Rivalries
underneath the South China Sea
Reaction
As
expected, China is standing firm and re-asserting its claim to the area.
"China's
territorial sovereignty and marine rights in the South China Sea will not be
affected by the so-called Philippines South China Sea ruling in any way,"
said Chinese President Xi Jinping.
He said
China was "determined to maintain peace and stability" and was
committed to resolving disputes "through negotiations based on respects to
historical facts and according to international laws".
China's
state news agency Xinhua said that "as the panel has no jurisdiction, its
decision is naturally null and void".
But
Philippe Sands, a lawyer for the Philippines in the case, said it was a
"clear and unanimous judgement that upholds the rule of law and the rights
claimed by the Philippines".
The Philippine
government says it is now studying the ruling.
However,
the BBC's Jonah Fisher, in Manila, says the lack of celebrations may be a
result of the recent change of government.
Our
correspondent says many Filipinos believe newly elected President Rodrigo
Duterte may have sought promises of Chinese investment, in return for a quiet,
dignified response.
The US
called the decision an "important contribution to the shared goal of a
peaceful resolution to disputes in the South China Sea", and urged all
parties to consider it "final and legally binding".
Taiwan, which also claims the disputed
area, said the ruling had "seriously damaged" its rights.
"We
hereby solemnly state that we will definitely not accept this ruling," the
foreign ministry said.
The US
sent an aircraft carrier and fighter jets to the region ahead of the decision,
while the Chinese navy has been carrying out exercises near the disputed
Paracel islands.
Conciliatory
tone - Stephen McDonell, BBC News, Beijing
This
result represents a major loss of face for China, and yet the first response
from Beijing to the UN tribunal's demolition of its claims seems be rather
conciliatory.
On the
one hand, the Chinese government has re-stated that it has territorial
sovereignty and maritime rights in the area and that the activities of its
people there date back to over 2,000 years ago.
However,
it then goes on to talk about "consultation with the states directly concerned"
and proposes "joint development in relevant maritime areas".
Airlines
and shipping companies will be pleased to hear that China has also restated
that it respects "freedom of navigation and overflight enjoyed by all
states under international law in the South China Sea" and that it stands
ready to ensure "unimpeded access to international shipping lanes".
All this
seems to point towards Beijing possibly seeking some sort of negotiated
settlement rather than ramping up the pressure on the Philippines following
Manila's comprehensive victory in The Hague.
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