MADRID, June 13 (Xinhua) -- The director of the Observatory of Chinese Politics of Spain, Xulio Rios, said the key to the solution to the dispute over the South China Sea is consensus, "not unilateral arbitration. The first one brings positions closer, while the second aggravates disputes."
The dispute over the South China Sea are about to enter in a new phase. It is expected that this June, the Permanent Court of Arbitration will announce the decision on the arbitration case brought by the Philippines.
However, whatever the content, its legal and effective value is void because China has adhered itself to the reserve clause of the Montego Bay Convention, the United Nations Convention on the Law of the Sea (UNCLOS), Rios said.
He explained that according to articles 297 and 298, China could refuse arbitration on those issues where the country did not accept the treaty's rule, especially when affecting sovereignty issues. China did so through a Note Verbale in August 2006, addressing the UN Secretary General.
According to law, the basis of any arbitration is the prior acceptance by the parties and they are the ones, with the assistance of the court, to determine a solution in order to end the conflict.
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