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Home / Defend the sovereignty
Public shows concern over PCA's implementation on East Sea issue
By Anh Kiet 11:02, 2016/08/20
After the Permanent Court of Arbitration (PCA) has decided an award on the Philippines’ arbitration proceedings against China on interpretation and application of 1982 UN Convention on Law of Sea, the public agree that PCA is a legal tool for the East Sea issue in the future.
The arbitral proceedings since the Philippines filed a lawsuit to the Permanent Court of Arbitration in 2013 were in compliance with the 1982 UN Convention on the Law of the Sea. Although it would take much time and effort for the ruling to be implemented, PCA’s decisions are internationally recognized and legally binding to parties involved in the case.
 
Philippine Foreign Minister Albert del Rosario spoke at the opening session of the trial at the Permanent Court of Arbitration(PCA) in The Hague
Philippine Foreign Minister Albert del Rosario spoke at the opening session of the trial at the Permanent Court of Arbitration(PCA) in The Hague
The Philippines’ lawsuit against China has not complicated the situation but it aims to resolve disputes by peaceful means without using or threatening to use force in addressing international disputes. It shows respect to international law and illustrates the international community’s effort. 

The interpretation will be a legal foundation to be applicable to similar cases in the future. Analysts say PCA’s ruling can be realized. Firstly PCA operates in accordance with the UNCLOS and its ruling must be observed. The Court does not judge territorial disputes but identifies the legality of the actions and, in some cases, verifies the maritime territorial rights of countries. Secondly being members of the UNCLOS, China, the Philippines, and relevant countries are obliged to respect PCA’s decision. 

An individual country will be unable to succeed in maintaining regional peace and stability while it vetoes articles it ratified previously. Lastly China has repeatedly mentioned its “peaceful development” policy. So it should not go against the policy which has been pursued by its previous leaderships. One month after the PCA announced its ruling, China has continuously rejected it as null and void. But there has been no escalation in Beijing’s statements, analysts said. 

The meeting focused on the need to engage in dialogue to build trust and ease tension, paving the way for cooperation. Analysts say it’s innocent to say that the PCA’s ruling in the East Sea would fully stabilize the situation. But the ruling has created an opportunity for countries to sit down for talks. It would help countries adjust their behaviors and avoid unilateral actions regardless of international law.

ASEAN and China have agreed on negotiations to finalize a framework for the Code of Conduct (COC) of Parties in the East Sea in mid 2017. The result reflects a shift in Beijing’s attitude towards a complicated regional issue because it’s the first time an official specific date for the finalization of the COC. Since 2010, China and the ten ASEAN member countries have negotiated over the Code of Conduct to avoid disputes among claimants in the East Sea issue. 
 
A meeting of senior officials from China and ASEAN on the implementation of the Declaration on the Conduct (DOC) of Parties in the East Sea took place on 15-16 August in Manzhouli, a northern port city in China
A meeting of senior officials from China and ASEAN on the implementation of the Declaration on the Conduct (DOC) of Parties in the East Sea took place on 15-16 August in Manzhouli, a northern port city in China
Until 2013, both sides conducted official consultations for the legal document. Since then, there had been no major progress because the COC negotiations were delayed several times due to regional tensions. The ASEAN-China Foreign Ministers’ Meeting was held in Laos in July. At both events, officials fromboth sides agreed to continue implementing DOC, resolving disputes through negotiation, managing disagreements in accordance with regional regulations, enhancing maritime cooperation, and making steps towards the Code of Conduct to ensure regional peace and stability.

ASEAN and China have agreed to set up a hotline and issue a set of guidelines to avoid unintentional conflicts in the East Sea in 2014. The draft agreement on these issues is expected to be ratified at the ASEAN-China summit in Vientiane, Laos, on 7 September.

Given the increased tensions in the East Sea, ASEAN countries have agreed on the need to finalize the COC which binds signatories and specifies regulations on the code of conduct of parties to guarantee peace, security, and safety in the East Sea, to prevent and control conflicts, to resolve disputes by peaceful means in accordance with international law and the UN Convention on the Law of the Sea. 

The COC will help enhance the ASEAN-China strategic partnership and maintain peace, stability, and development in the East Sea and the whole region. It was reached after the Permanent Court of Arbitration’s (PCA) decision on China’s “U-shaped line”, which unilaterally claims almost all of the East Sea and intrudes upon the waters of Vietnam, the Philippines, Malaysia, and Brunei. Chinese media quoted Chinese Deputy Foreign Minister Liu Zhenmin as saying that Beijing wants to maintain a good relationship with ASEAN.

At the ASEAN-China Foreign Ministers’ Meeting in July, 2016, China confirmed that it would practice self-restraint, would not complicate the situation in the East Sea, would not use or threaten to use force, and would resolve territorial disputes by peaceful means, consultation and friendly negotiations with relevant countries in accordance with international law including the 1982 UN Convention on the Law of the Sea (UNCLOS).
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