VietNamNet Bridge – The arbitration case brought by the Philippines against China’s nine-dash line claims in the East Sea (internationally known as the South China Sea) ended with the ruling of the Permanent Court of Arbitration (PCA) constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) on July 12. We can call it a case of history for many reasons. For the first time in its history, China - "the world’s center"– was unilaterally sued by a small country in a marine dispute.
The reaction of the parties
The ruling has been well received and widely acclaimed worldwide. The ruling promotes the spirit of respect of international law, gives important guidance on the interpretation and application of the UNCLOS 1982, and at the same time it asked the countries concerned to clarify the content and scope of disputes in accordance with the law.
The UN Secretary General, the United States, the European Union, Japan, Australia, India, South Korea, many ASEAN member states ... quickly issued a statement confirming the support to the ruling, considering it as the final verdict, which is legally binding and the parties concerned have to comply with it. They also called all parties for restraint, and to comply with international law.
The ruling returned the freedom of navigation, aviation for the international community in most of the East Sea. For the territorial waters of 12 nautical miles of the features, boats have the right to pass through without making any harm. Vessels of the US or other countries can come close to the Mischief Reef, within 12 nautical miles from where China builds its runways and large base on the artificial island. The ruling indirectly rejected any attempt to set up an air defense identification zone of any country in the East Sea.
The ruling provides the basis for ASEAN countries to reach a common view at the upcoming Summit on July 21. Singapore, the coordinator of the ASEAN – China relations, the country most concerned about freedom of navigation in the East Sea and Indonesia, the country was liberated from the recent upset when Natuna is within the nine-dotted line, will play a proactive role. Malaysia, assured of the James Shoal, will continue its policy of economic cooperation with China, while supporting the ruling.
Malaysia’s ministry of foreign affairs issued a statement calling for the implementation of the Declaration of the Conduct of Parties in the East Sea, a 2002 agreement signed by China and ASEAN to refrain from occupying uninhabited reefs and shoals. This country called for all sides to exercise restraint and avoid the use of force, saying it believed a peaceful resolution was possible with respect for international law.
The Philippines actively initiated the proposal to resume negotiations with China, including for the issues of "setting aside dispute and pursuing joint development".
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