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Philippines, China won’t use force in sea dispute

Alexis Romero - The Philippine Star
Philippines, China wonât use force in sea dispute
President Duterte listens to Zhang Dejiang, chairman of the Standing Committee of the National People’s Congress of China, during a meeting in Beijing on Thursday.
AP

BEIJING – The Philippines and China have agreed to shun threats or force in dealing with the South China Sea dispute and to hold “friendly consultations and negotiations” in accordance with “universally recognized principles of international law,” including the United Nations Convention on the Law of the Sea (UNCLOS).

There was no mention, however, of the arbitral tribunal ruling that voided China’s extensive claim in the South China Sea in the joint statement of the two countries following President Duterte’s four-day visit here.

In the statement, the two countries said they reaffirmed the importance of maintaining and promoting peace and stability, freedom of navigation and overflight in the South China Sea.

The Philippines and China also vowed to uphold the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) aimed at maintaining stability in the disputed areas.  

“Both sides commit to the full and effective implementation of DOC in its entirety, and work substantively toward the early conclusion of a code of conduct in the South China Sea (COC) based on consensus,” the statement read.

China claims historic rights over virtually the entire South China Sea, a busy sea lane through which about $5 trillion worth of goods passes every year. The expansive claim, however, is being contested by the Philippines, Vietnam, Malaysia, Brunei and Taiwan.

During the previous administration, the Philippines accused China of repeatedly violating the DOC because of the deployment of ships to and the building of structures in disputed areas.

China has erected structures believed to be military facilities in Kagitingan (Fiery Cross), Panganiban (Mischief), Zamora (Subi), Kennan (Chigua), Mabini (Johnson South), Burgos (Gaven) and Calderon (Cuarteron) reefs, areas that are also being claimed by the Philippines.

Last July, a Hague-based arbitral tribunal declared that China’s claim in the West Philippine Sea had no legal basis but the Chinese government dismissed the decision as “nothing but a piece of paper.”    

The Philippines and China also agreed to continue talks on “confidence-building measures” to increase mutual trust and confidence and “to exercise self-restraint” in conducting activities that would complicate or escalate disputes.

“In this regard, in addition to and without prejudice to other mechanisms, a bilateral consultation mechanism can be useful, which will meet regularly on current and other issues of concern to either side on the South China Sea. Both sides also agree to explore other areas of cooperation,” the statement read.

The two countries also committed to strengthen cooperation between their respective coast guards to address maritime emergency incidents as well as humanitarian and environmental concerns in the West Philippine Sea.

The joint statement described the meeting between Duterte and Chinese President Xi Jinping last Thursday as “fruitful.”

“Both sides commit to further enrich Philippines-China bilateral relations, founded on mutual respect, sincerity, equality and mutual benefit, which is conducive to regional peace, stability and prosperity,” the statement read.

The two leaders also promised to work together to combat transnational crimes, terrorism and illegal drugs.

“To further strengthen the efforts to fight against illicit drugs, both sides agree to establish operation mechanism for joint investigation on special cases and intelligence collection purposes,” the statement read.  

Duterte and Xi also promised to enhance their economic relations and to promote trade and investments.

Duterte invited Xi to visit the Philippines at his convenience. The Chinese leader accepted the invitation “with pleasure.”

Beijing also assured the country of its support for Manila’s chairmanship of the Association of Southeast Asian Nations in 2017.  – With Rainier Allan Ronda

INTERNATIONAL LAW

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