China's move 'serious, belligerent' violation of UNCLOS

MANILA, Philippines - An international law expert has branded China's snub of the Philippine arbitral claim on the West Philippine Sea and the building projects on disputed reefs in the area as "serious and belligerent violation" of a United Nation convention.

Speaking at the 5th Annual Meeting of the Japan Society of International law at the Chuo University Law School on Sunday, University of the Philippines professor Harry Roque Jr. said China's move is a violation of the UN Convention on the Laws of the Sea.

"(This is a) serious breach of the UNCLOS since as a party to the Convention, China agreed to refer all matters involving interpretation and application of the UNCLOS to the compulsory and binding dispute settlement procedure of the Convention," Roque said.  

Roque, also Director of the UP Law Center’s Institute of International Legal Studies, said that the international community took a very long time to agree on the provisions of UNCLOS because all countries of the world wanted the Convention to be the "constitution for the seas."

"By prohibiting reservations and by adopting all provision on the basis of consensus, it was the intention of the world community to do away with the use of force and unilateral acts in the resolution of all disputes arising from maritime territory," he added.

Roque noted that China’s subsequent reservations only as to specific subject matters from the jurisdiction of the dispute settlement procedures proves that China agreed to be bound by the procedure.

"This means that China is under a very clear obligation to participate in the proceedings, if only to dispute the jurisdiction of the Tribunal," he said.

He said that what is more alarming is China’s recent resort to the use of force in bolstering its claim to the disputed territories.

Recent reports said China has been building artificial islands in Johnson South Reef and expanding its artificial island in Fiery Cross reef, and deploying its naval forces to ward off any opposition.

"These construction are happening in the face of China’s snub of the arbitral proceedings which precisely impugns China’s legal rights to do so. Clearly, China’s conduct is not only illegal as prohibited use of force, but is also contemptuous of the proceedings," Roque said.

The Philippines has asked the International Tribunal on the Law of the Sea to declare that China’s nine-dash lines is illegal since it runs against the UNCLOS.

The Philippine claim also asked the Hague -based arbitral tribunal that four "low-water elevations,"where China has build artificial islands, be declared as part of the continental shelf of the Philippines.

The Philippines also requested the arbitral tribunal that the waters outside of the 12 nautical miles of Panatag shoal be declared as part of the Philippine Exclusive Economic Zone.

Roque belied China’s claim that the waters within the nine-dash lines are generated by land territory and hence, the controversy cannot be resolved under the UNCLOS.

"Clearly, the three specific prayers of the Philippines involve interpretation and application of specific provisions to UNCLOS relating to internal waters, territorial sea, Exclusive Economic Zones, islands, and low tide elevations. While the Spratlys dispute without a doubt also involves land territory, these are not the subjects of the Philippines claim,"  Roque added.