China setback over Manila’s Hague case

S. China Sea row: Beijing slams tribunal decision

In a setback for China, an international arbitration court ruled that it has jurisdiction to hear some territorial claims the Philippines has filed against it over disputed areas in the South China Sea, a ruling rejected by China as null and void.

The Permanent Court of Arbitration, based in The Hague, rejected China’s argument that the dispute was about sovereignty — and so beyond its remit.

In its ruling, the court said, “It had taken to safeguard the procedural rights of China, including by ensuring that all communications and documents were delivered to China and that China was accorded adequate notice and opportunity to comment and by reiterating that it remains open to China to participate in the proceedings at any stage”.

“The Tribunal also recalled the steps it had taken to ensure that the Philippines was not disadvantaged by China’s non-participation. Finally, the Tribunal considered the argument set out in China’s Position Paper that the Philippines’ unilateral resort to arbitration constituted an abuse of the dispute settlement provisions of the Convention,” it said.

Vice foreign minister Liu Zhenmin told a media briefing that the result of the ruling will by no means affect China’s sovereignty and rights on the South China Sea.

A Chinese foreign ministry statement said that a ruling by the UN Convention on the Law of the Sea on the jurisdiction and admissibility of the South China Sea dispute is null and void and has no binding effect on China.

The tribunal, established at the request of the Philippines, ruled that it can take on the case over the South China Sea dispute. Observers said the Tribunal’s decision means that the Permanent Court of Arbitration rules in the Philippines’ favour on the question of jurisdiction.

With the jurisdictional issue resolved, the case can move forward to evaluating the merits of the Philippines’ legal assertions in the South China Sea.

The Philippines along with Vietnam, Malaysia, Brunei and Taiwan contests China’s claims over all most all of South China Sea.

Meanwhile, Chinese Navy chief Admiral Wu Shengli has said that he is “deeply concerned” about Americ-an warship’s entry into the South China Sea, two days after a US guided missile destroyer patrolled the disputed area. “Such dangerous and provocative acts have threatened China’s so-vereignty and security and harmed regional peace and stability,” Admiral Wu said during video-conference talks with his American counterpart Admiral John Richardson on Thursday.

Mr Wu warned that China will “have to take all necessary measures to safeguard sovereignty and security” if the US persists going its own way.