China urges PHL to return to ‘right track’ in resolving sea row

(Updated 7:22 p.m.) The Chinese government on Tuesday urged the Philippines to “come back to the right track” in resolving the territorial dispute over the West Philippine Sea amid the arbitration case filed by Manila before an international tribunal.

Beijing has refused to participate in the proceedings, saying the Netherlands-based Permanent Court of Arbitration has no jurisdiction over questions on the legality of Beijing's claim on almost the entire South China Sea.

Instead, it is pushing for bilateral talks with other countries claiming jurisdiction over the contested territory, including the Philippines, Vietnam, Malaysia, and Brunei.

"China urges the Philippines to come back to the right track of resolving disputes through negotiation and consultation," according to an Associated Press report quoting a statement from Chinese Foreign Ministry spokeswoman Hua Chunying.

The statement further stated that China "will never accept the unilateral attempts to turn to a third party to solve the disputes."

The international tribunal has given Beijing another chance to give its side in one month. It is expected to rule on whether it can assume jurisdiction over the Philippines’ legal challenge against China within the year.

Once the tribunal determines that it has jurisdiction over some or all of the Philippines' claim, it will then proceed to hear on the merits of the case.

Manila brought its territorial dispute with China before the international arbitration in January 2013, asking the court to rule on the following:

- First, that China is not entitled to exercise what it refers to as “historic rights” over the waters, seabed and subsoil beyond the limits of its entitlements under the Convention;

- Second, that the so-called nine-dash line has no basis whatsoever under international law insofar as it purports to define the limits of China’s claim to “historic rights”;

- Third, that the various maritime features relied upon by China as a basis upon which to assert its claims in the South China Sea are not islands that generate entitlement to an exclusive economic zone or continental shelf. Rather, some are “rocks” within the meaning of Article 121, paragraph 3; others are low-tide elevations; and still others are permanently submerged. As a result, none are capable of generating entitlements beyond 12M, and some generate no entitlements at all. China’s recent massive reclamation activities cannot lawfully change the original nature and character of these features;

- Fourth, that China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction; and

- Fifth, that China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered species.

—Amita O. Legaspi/KBK, GMA News