Stefan Talmon, director of the Institute of Public International Law at the University of Bonn, said in a paper published recently that despite the Philippines' claims about issues such as "traditional fishing rights," the "actual controversy" in the case is about territorial sovereignty.
The Hague-based Arbitral Tribunal on the South China Sea established at the unilateral request of the Philippines has no jurisdiction over the case, as disputes over territorial sovereignty are not governed by the United Nations Convention on the Law of the Sea (UNCLOS), Talmon said.
The arbitral tribunal will issue a final award on July 12. China has repeatedly said that it will neither accept nor participate in the arbitration.
Talmon also criticized the tribunal for failing to scrutinize the documents referred to by the Philippines in its submission and ignoring China's position before rendering an award on Oct. 29, 2015 when it ruled that it has jurisdiction over the case.
"The tribunal's finding on the true nature of the dispute is based on a misunderstanding of the disputes in the South China Sea," he said, calling the tribunal's award on Oct. 29, 2015 an example of "discounted justice."
In a recent interview with Xinhua, Talmon said the coming award would not help solve the disputes over the South China Sea, but rather have a "counterproductive impact" on the issue.
"There is a danger that the decision will be misused for political purposes and ultimately contribute to the hardening of positions of both sides," he said.
[Xinhua -globaltimes.cn]
4/7/16
--
-
Related:
U.S. warns China of countermeasures if it provokes on S. China Sea
Vietnam has called for an international tribunal in The Hague to deliver a "fair and objective" ruling in an arbitration case lodged by the Philippines that challenges China`s expansive claims in the South China Sea...
--
U.S. sends 2 aircraft carriers to South China Sea area to reassure Asian allies
Stop playing with fire in South China Sea, says Chinese diplomat
China says door for dialogue with Philippines always open
U.S. operations in South China Sea "very dangerous" and could easily lead to unexpected incidents
China urges U.S. to fulfill promise on territorial disputes
China rejects US aircraft surveillance over S. China Sea
Chinese intercept U.S. military plane over South China Sea
China warns U.S. against shows of strength in South China Sea
GR
FR
DE
ES
IT
RU
EU
China offers Philippines talks if South China Sea court ignored: China Daily...
ReplyDeleteChina is ready to start negotiations with the Philippines on South China Sea-related issues if Manila ignores an arbitration ruling expected next week on their long-running territorial dispute, the official China Daily reported on Monday.
The Philippines brought the case to the Permanent Court of Arbitration in the Hague and a ruling is expected on July 12. The case contests China's claims to the bulk of the South China Sea, a body of water through which $5 trillion in ship-borne trade passes every year. China has said it plans to ignore the Court's ruling which would represent a snub of the international legal order.
The Philippines, Vietnam, Malaysia, Taiwan and Brunei have overlapping claims with China in the area. Beijing has rejected the arbitration case, claiming the court has no jurisdiction and saying it wants to solve the issue bilaterally. In recent weeks it has ramped up its propaganda campaign downplaying the outcome of the case....reuters.com
4/7/16