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In blow for Beijing, court to hear S China Sea dispute

BEIJING — China has lost the first round of a major legal fight with the Philippines after an international tribunal agreed to hear a case about contested islands in the South China Sea.

BEIJING — China has lost the first round of a major legal fight with the Philippines after an international tribunal agreed to hear a case about contested islands in the South China Sea.

The ruling early yesterday was seen as a legal setback for Beijing, after Manila filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical mile exclusive economic zone as allowed under the United Nations Convention on the Law of the Sea (UNCLOS).

But China, facing international legal scrutiny for the first time over its assertiveness in the disputed waters, reiterated yesterday that it will neither participate in nor accept the case, Vice Foreign Minister Liu Zhenmin told reporters.

“The result of this arbitration will not affect China’s sovereignty, rights or jurisdiction over the South China Sea under historical facts and international law,” Mr Liu said.

“From this ruling you can see the Philippines’ aim in presenting the case is not to resolve the dispute. Its aim is to deny China’s rights in the South China Sea and confirm its own rights in the South China Sea.”

The Chinese Foreign Ministry also urged the Philippines to return to the “correct path” of talks to resolve their dispute.

Meanwhile, the Filipino government welcomed the decision. Solicitor General Florin Hilbay, Manila’s chief lawyer in the case, said the ruling represented a “significant step forward in the Philippines’ quest for a peaceful, impartial resolution of the disputes between the parties and the clarification of their rights under UNCLOS”.

The Hague-based Permanent Court of Arbitration rejected Beijing’s claim that the disputes were about territorial sovereignty and said additional hearings would be held to decide the merits of the Philippines’ arguments. China has boycotted the proceedings and rejects the court’s authority in the case.

Beijing claims sovereignty over almost the entire South China Sea, dismissing claims to parts of it from Vietnam, the Philippines, Taiwan, Malaysia and Brunei. The tribunal found it had authority to hear Manila’s submissions under UNCLOS and China’s decision not to participate did “not deprive the tribunal of jurisdiction”.

This week has seen increased tensions in the disputed waters as China protested a naval patrol by the United States to assert freedom of navigation in international waters near newly reclaimed Chinese territories.

Washington — a treaty ally of Manila, also welcomed the ruling, according to a senior American defence official. “It shows that judging issues such as this on the basis of international law and international practice are a viable way of, at a minimum, managing territorial conflicts if not resolving them,” the official said, speaking on condition of anonymity.

Another US official said the tribunal’s decision undercut China’s claims under the so-called nine-dashed line that takes in about 90 per cent of the 3.5 million sq km South China Sea on Chinese maps published after the World War II. “You can’t say that the nine-dashed line is indisputable anymore because by acknowledging jurisdiction here the court has made clear that there is indeed a dispute,” said the official, who asked not to be named. “To my mind, this announcement drives a stake through the heart of the nine-dash line.”

Ms Bonnie Glaser, a South China Sea expert at the Centre for Strategic and International Studies in Washington, called the outcome “a major blow for China given that the opinion explicitly rejects China’s arguments that ... the Philippines has not done enough to negotiate the issues with China”.

In a position paper in December, China argued the dispute was not covered by UNCLOS because it was ultimately a matter of sovereignty, not exploitation rights.

Chinese official news agency Xinhua yesterday carried a hard-hitting commentary, in which the Philippines was criticised for being a “fickle player on the world stage” and lacking vision in settling the dispute.

“Despite its agreement with Beijing to resolve their disputes in South China Sea via bilateral talks, which could be testified by several joint statements and declarations, Manila readily reneges on its promises and takes every chance to make waves in the South China Sea,” said the commentary. The court’s rulings are binding, although it has no power to enforce them and countries have ignored them in the past.

UNCLOS does not rule on sovereignty, but it does outline a system of territory and economic zones that can be claimed from features such as islands, rocks and reefs. No date has been set for the next hearings. AGENCIES

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