UN closely monitoring arbitration of sea row

MANILA, Philippines - The United Nations is closely monitoring developments in the maritime dispute between the Philippines and China even as Manila reiterated assurances that its arbitration case against Beijing is “a form of peaceful settlement of disputes, which should not be considered an unfriendly act.”

As this developed, the Philippines and Japan holds today their 2nd Dialogue on Maritime and Oceanic Affairs at the Department of Foreign Affairs (DFA).

In a report to the DFA, Philippine Ambassador and Permanent Representative to the UN Libran Cabactulan told UN Secretary-General Ban Ki-moon during a meeting last Feb. 19 that the filing of the arbitration case “will be an opportunity for China to assure the international community of its peaceful rise.” 

Cabactulan stressed that Manila’s action was consistent with the position of the UN General Assembly since 1982 when it adopted the Manila Declaration on the Peaceful Settlement of International Disputes. “Our representation with the Secretary-General conveyed this basic Philippines position,” Cabactulan said.

Accompanying the ambassador in his meeting with Ban were UN Undersecretary-General for Legal Affairs Patricia O’Brien and other senior UN officials.

Cabactulan clarified that the case concerns China’s interpretation and application of the UN Convention on the Law of the Sea (UNCLOS), specifically its nine-dash line claim which interferes with the lawful exercise by the Philippines of its sovereign rights and jurisdiction over its exclusive economic zone and continental shelf.

The DFA said on Wednesday that Beijing’s rejection of the arbitration process initiated by the Philippines was “expected” but that it would proceed with or without China, in accordance with Annex VII of UNCLOS, spokesman Raul Hernandez said.

China had earlier returned the notice of arbitration.

The Philippines shrugged off Beijing’s rejection of its arbitration initiative and picked Rudiger Wolfrum as one of the five members of the international arbitration panel. Wolfrum is one of the 21 members of ITLOS.

“Even if one party does not join or participate in the process, the process will continue until a decision is made by the arbitral tribunal,” the DFA said, citing UNCLOS provisions.

China lays claim to nearly the entire South China Sea and West Philippine Sea and East Sea. The area, delineated by a so-called nine-dash line, covers over 100 islets, atolls and reefs.

The DFA said the Philippines’ vigorous effort to resolve the dispute through legal means has earned praises from a visiting United States congressional delegation.

Foreign Affairs Secretary Albert del Rosario said US Representative Jeff Miller, chairman of the US House Committee on Veterans’ Affairs, lauded the Philippines for its “patience in pursuing a peaceful and durable solution to the dispute and its measured approach in bringing the matter to arbitration.”

Del Rosario, in a statement, welcomed in return “the correct posture taken by the US government with regard to the West Philippine Sea.”

The Philippines also expressed its appreciation for the firm commitment of the US to the Mutual Defense Treaty as well as its continuing assistance to Philippine efforts to build a minimum credible defense posture.

The other US lawmakers were Gus Bilirakis, Timothy Walz, Michael Michaud and Josiah Bonner.

Miller is a supporter of Philippine advocacies in the US Congress, particularly the SAVE Our Industries Act Bill.

The US lawmakers’ visit provided an opportunity for Philippine officials to discuss the Filipino Veterans Equity Compensation Act and other issues concerning the welfare of Filipino veterans of World War II.

US State Department spokesperson Victoria Nuland earlier reiterated her country’s support for peaceful and diplomatic means to resolve territorial disputes in the South China Sea and West Philippine Sea, including the use of arbitration or other international legal mechanisms.

Nuland made the statement in response to a query on whether a Philippine request for international arbitration  went against other types of mediation efforts cited previously by the State Department.

Meanwhile, Assistant Foreign Secretary Gilberto Asuque chairs the Philippine delegation to the 2nd Dialogue on Maritime and Oceanic Affairs with Japan. Henry Bensurto, DFA Office of the Undersecretary for Policy, is co-chairman.

Heading the Japanese delegation is Ministry of Foreign Affairs Deputy Director-General for Southwest and Southeast Asian Affairs Kenji Kanasugi.

The Philippine delegation is also composed of representatives from the DFA, Department of National Defense, Philippine Coast Guard, Maritime Industry Authority, National Mapping and Resource Information Authority and Bureau of Fisheries and Aquatic Resources.

The Japanese delegation is composed of representatives from MOFA, Secretariat of the Headquarters for Ocean Policy of the Cabinet Secretariat, Ministry of Defense and the Coast Guard.

During the meeting, the two countries will discuss various areas of cooperation particularly in maritime safety, maritime security, anti-piracy measures, fisheries and marine scientific research.

The first dialogue on maritime cooperation between the Philippines and Japan was held in Tokyo on Sept. 9, 2011. It was headed by Asuque and Bensurto.