December 15 was the deadline the Arbitration Tribunal for Philippine’s “arbitration” of its S. China Sea disputes with China had set for China to respond to Philippine’s claims under the UNCLOS. According to this VOA report:
Monday is the deadline for China to submit a counter-argument in the Philippines arbitration case that questions China’s sweeping claims in the South China Sea. But China shuns arbitration and will not respond, while challenges to its position continue to mount.
Just days before the December 15 deadline, Vietnam Foreign Ministry spokesman Le Hai Bin said his government told the Permanent Court of Arbitration that Vietnam fully rejected “China’s claim over the Hoang Sa [Paracel] and Truong Sa [Spratly] archipelagoes and the adjacent waters.”
In a statement, the Philippines called Vietnam’s position “helpful in terms of promoting the rule of law and in finding peaceful and nonviolent solutions to the South China Sea claims.”
But China’s Foreign Ministry urged Vietnam “to earnestly respect China’s territorial sovereignty and maritime rights and interests.” The ministry reiterated China’s position that the tribunal does not have jurisdiction over the case.
In a paper Beijing released a week ago, China argued the Philippines was essentially taking a territorial dispute to the tribunal and that the question of territorial sovereignty was not something addressed by the United Nations Convention on the Law of the Sea.
Philippine Foreign Affairs Spokesman Charles Jose said his government has “taken note” of the position paper.
I had done some research and written an article on the subject earlier this year. The plan was to publish it somewhere with Eric’s help, and through Guancha’s affiliates. However, by the time I finished, in mid-late August, the S. China Sea issue had drifted from the main media attention and Eric thought it was best to wait.
As it turned out, the “news” would not focus on S. China Sea again this year (fortunately), as the West attention seems to be focused now on ISIS, Ukraine, Russia, and Japan and Europe’s continuing economic problems…
If the news flare up again, I will see about writing something pertinent to that occasion. But for now, I think it’s too much of a waste to just let my research this year lie dormant. So below is my paper. It might seem long and dense because it’s meant to address all the major legal arguments I hear Philippines officials and Western anti-China “legalists” publicly making. I hope it’s educational for all here. If people have any feedback, I welcome them. They will only make our position – and my future articles (if they are needed) – that much stronger.
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