The Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China under Annex VII to the UNCLOS (the “Convention”), “with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea.” China then sent a Note Verbale of its decision to decline any participation on arbitration proceedings. The reasons for doing so is something that I want to know. Perhaps a little more research is needed.
Why did the PRC declined to participate? Im not sure, but I suspect that they probably dont feel confident that they could win against the Philippines in this arbitration case. Otherwise, if the PRC has sufficient historical evidences and legal basis for their claims (like they always say), then why not settle it in the tribunal once and for all?
I've debated this with several PRC members already in the "China's Island and International Law" thread but I'll mention one thing here:
The naive PRC members get excited about the land reclamation work in the SCS. China's doing it at such a fast pace and on such a large scale that it amazes a lot of people. But little did they know that the PRC is doing the land reclamation with the Filipino's arbitration case in mind and is actually a sign of the PRC's desperation. Let me explain:
The ruling of the arbitration tribunal will be legally binding. But in 2006, China made a declaration relying on article 298 (under UNCLOS provisions) to affirm that they will not accept any arbitration.
But article 298 only applies to disputes surrounding EEZ, continental shelves and territorial water boundaries. However, most of the natural reefs or rocks that are currently in the possession of the PRC are totally submerged under water during high tide. And according to UNCLOS, such reefs cannot have any claims for any EEZs, continental shelves or any territorial water boundary. They must be fully emerged during high tide and must be able to sustain human habitation to have those water boundaries.
This means that the PRC cannot invoke article 298 to declare that they dont need to accept any arbitration.
So now, you can begin to see why they are desperately working on land reclamation. They want to turn those natural reefs and rocks into artificial Islands that doesnt fully submerge below water during high tide. Thus the PRC will claim that these "islands" now have EEZs, a continental shelf and can invoke article 298 to reject the Philippines' arbitration case.
And they are doing this at such a fast and large scale simply because the arbitration tribunal will be making their decision about the dispute's jurisdiction soon.
@Cossack25A1 @Ayan81, etc. you guys may want to give your input from a Filipino's perspective.
As per Vietnam, I don't know if they presented any complaints for International Arbitration.
I'm not sure why VN didnt join the Philippines in the arbitration case but I suspect that they want to wait and see the initial outcome first. There are actually other avenues to settle the dispute such as taking it to the ICJ or ITLOS. The Philippines decided to go for the Arbitration Tribunal. If the tribunal decide that they do have jurisdiction over the dispute, I suspect that VN will go ahead and submit an arbitration case of their own. If the arbitration tribunal decide that they do not have jurisdiction over such dispute, then VN would probably explore the ICJ or ITLOS option. Hence, they will wait for this arbitration outcome first before they decide their option.
@Rechoice @Soryu @BoQ77,
@Carlosa,
@Viet, etc. you want to give your opinions?