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ACTIVITIES OF CLAIMANTS

CHINA

China’s Response To The U.S. Patrol Within 12nm Of China's Artificial Islands In The SCS

In regular press conference of China’s Foreign Ministry on October 27, spokesperson Lu Kang said the Chinese side expresses strong opposition to the U.S. patrol in the South China Sea. He accused the USS Lassen illegally entered waters near relevant islands and reefs of Spratly Islands without the permission of the Chinese government on October 27. “Relevant authorities of the Chinese side monitored, followed and warned the US vessel. Relevant actions by the US naval vessel threatened China's sovereignty and security interests, put the personnel and facilities on the islands and reefs at risk and endangered regional peace and stability.” He added. In the press conference next day, Mr. Lu stated that “the Chinese side maintains that disagreements between China and other countries, including the US should be resolved through dialogues.” He also suggested that problems between the U.S and China should be properly settled through constructive dialogues and consultations. “It calls for the efforts of not only China but also the US.” He said. In the press conference on October 29, answered the question about the U.S. calls its allies to carry out joint or solo patrols around the artificial islands of the Spratly islands. FM’s spokesperson Lu Kang said there is no such thing as artificial islands of the Spratly Islands. “I would like to stress once again that countries in the region including China all cherish peace, stability and security of the region, as it is an important guarantee for common prosperity and development of regional countries. We hope that other countries, especially those outside the region would not create troubles.” Mr. Lu said.

Embassy spokesman Zhu Haiquan, on October 27, said "freedom of navigation and overflight should not be used as excuse to flex muscle and undermine other countries' sovereignty and security". He said “the US should "refrain from saying or doing anything provocative, and act responsibly in maintaining regional peace and stability." On the same day, Vice Foreign Minister Zhang Yesui summoned US Ambassador to China Max Baucus, making stern representations and lodging strong protest over US naval patrol. Mr. Zhang said “the US exercises a show of force in the name of safeguarding navigation and over-flight freedom, which is very likely to trigger a navigation and flight accident. This act, which not only threatens the rights of navigation and over-flight shared by all countries, but also harms peace and stability in the South China Sea, is extremely irresponsible.” “The Chinese side will take all necessary measures as needed to firmly respond to any deliberate provocation by any country.” Zhang said.

At the same time, China's Ministry of National Defense (MND), Senior Colonel Yang Yujun has expressed China’s opposition over the USS Lassen's patrol near related islands and reefs in the South China Sea. He said “the provocative action by the U.S. warship this time has severely undermined the mutual trust between China,” and urged the US to follow the principle of "no conflict, mutual trust, win-win cooperation," and to prevent such incidents from happening again.

Regarding to newest developments of the arbitration on the South China Sea, Mr Lu, on October 31, said that “the Chinese government will not accept nor participate in the South China Sea arbitration unilaterally initiated by the Philippines. The Chinese Foreign Ministry has immediately released a statement to elaborate on China's solemn position. The award is null and void, and has no binding effect on China.” The statement in a press conferenceon the issue released on October 30 said that “it is in essence not an effort to settle disputes but an attempt to negate China's territorial sovereignty and maritime rights and interests in the South China Sea.” It stated that "China will not accept any solution imposed on it or any unilateral resort to a third-party dispute settlement.”

On October 31, The MOFA of Republic of China (Taiwan) also issued statement said that “The Philippines has not invited the ROC to participate in its arbitration with mainland China, and the arbitral tribunal  has not solicited the ROC’s views. Therefore, the arbitration does not affect the ROC in any way, and the ROC neither recognizes nor accepts related awards.”

In response to the issue of the US Navy’s patrol in the South China Seaon October 27,ROC’s Ministry of Foreign Affairs spokeswoman Eleanor Wang said that “Taiwan would like to see all sides behaving in ways that would contribute to regional peace and stability.” She added “Taiwan also hopes the parties involved would show respect for the principles and spirit of the relevant international laws, including the Charter of the United Nations and the UN Convention on the Law of the Sea.” The ROC is ready to conduct dialogue with the parties concerned, on the basis of equality and mutual benefits, in a bid to turn the South China Sea into a "Sea of Peace and Cooperation," Wang said.

VIETNAM

Vietnam demands China stop wrongful acts in Hoang Sa (Paracel Islands)

On October 28, Foreign Ministry’s spokesman Le Hai Binh has said in a response to China’s announcement that it finished construction on two lighthouses on Duy Mong (Drummond) island and Hai Sam (Antelope) reef in the Luoi Liem (Crescent) cluster, Hoang Sa (Paracel) archipelago of Vietnam that “Vietnam has many times refuted the so-called ‘Sansha city’, and the declaration of the so-called ‘administration of Sansha city’ on concluding the construction of two lighthouses on islands and reefs in Hoang Sa is a further serious violation of Vietnam’s sovereignty over Hoang Sa, international law and the DOC signed between ASEAN and China in 2002, exacerbating tension and seriously threatening peace and stability in the region”. He emphasised that China’s actions in any forms and for any purpose on Vietnam’s Hoang Sa archipelago are void.

When replying to reporters’ queries on Vietnam’s response to US ships’ recent voyage near a number of geological structures of the Truong Sa (Spratly) islands of Vietnam, Foreign Ministry Spokesman Le Hai Binh, on October 29, said that as the State having sovereignty over the Hoang Sa (Paracels) and Truong Sa (Spratly) archipelagos in the East Sea and a member of the UNCLOS 1982, Vietnam has continuously respected the freedom of navigation and aviation in the East (South China) Sea on basis of the relevant provisions of the convention and in accordance with the regulations of the coastal states, he affirmed.

In response to question about Vietnam’s reaction to the decision issued by Permanent Court of Arbitration (PCA) on October 29, Spokesperson Le Hai Binh, on October 29, noted that Vietnam has presented its views on the case filed by the Philippines for many times, particularly in the Foreign Ministry’s statement submitted to the PCA on December 5, 2014. He asserted Vietnam will keep a close watch on the process of the East Sea-related case filed by the Philippines and reserves the right to use all suitable and necessary peaceful measures to protect its rights and legal interests in the East Sea.

THE PHILIPPINES

Aquino Hails US Patrols in South China Sea.

Speaking in a forum hosted by the Foreign Correspondents Association of the Philippines (Focap) at Solaire in Paranaque on October 27, the Philippines President Benigno Aquino III said that “everybody seems to be guaranteeing freedom of navigation so I see no issue,” he said there should be no problem as long as there are “no hostile intentions being alluded to.” Aquino further explained “if we say we are in support for freedom of navigation for everybody…then we seek to hamper anybody’s travel that I think seems to be inconsistent.”

When asked if the Philippines will express its support for the US move, Aquino said: We “have voiced our concerns about the buildup of islands or the creation, buildup of features that somehow resemble islands…We have stated and restated this position and have [resorted to] arbitration…That I think is the support in general.”

MALAYSIA

China's Presence At Luconia Shoals Being Monitored

The Royal Malaysian Navy and the Malaysian Maritime Enforcement Agency (MMEA) will continue to monitor the presence of a Chinese Coast Guard vessel anchored at Luconia Shoals, about 84 nautical miles off Miri, revealed, on October 28, by Sarawak Region Maritime Chief Enforcement First Admiral (M) Ismaili Bujang Pit. He further noted that the matter was being handled by the Prime Minister's Department. "Our Prime Minister is dealing the matter with his Chinese counterpart in a diplomatic way and we hope there will be a solution."

Malaysia Urges All Parties to Ensure Stability in South China Sea

On October 28, speaking ahead of the ASEAN defence ministers meeting in Kuala Lumpur, Malaysia’s Defence Minister Hishammuddin Hussein urged all sides to refrain from any action that may jeopardise peace and stability in the South China Sea, “It is very clear that as defence ministers, our immediate responsibility is to make sure there are no unintentional accidents happening at high sea." Mr. Hishammuddin also talked about Malaysia role in maintaining peace and stability in the South China Sea, noting that “what Malaysia has as an advantage is that we do not have many enemies. We are able to engage both China and US. That is the slight strength that we have and with the support of nine ASEAN countries, we can play some role.”

THE UNITED STATES

US warship patrols close to Chinese artificial islands in the South China Sea.

The U.S. destroyer USS Lassen "conducted a transit" within 12 nautical miles of Subi Reef and Mischief reefs in the Spratly Islands on October 27. The patrols mark the most serious U.S. challenge yet to the 12-nautical-mile territorial limit China claims around the islands and are certain to anger Beijing, which said last month it would "never allow any country" to violate its territorial waters and airspace in the Spratlys. The ship would likely be accompanied by a U.S. Navy P-8A surveillance plane and possibly P-3 surveillance plane, which have been conducting regular surveillance missions in the region, according to the defense official. Additional patrols would follow in coming weeks and could also be conducted around features that Vietnam and the Philippines have built up in the Spratlys, the official said. Speaking on this issue, the U.S. Department of States Spokesperson John Kirby on October 27said that “that freedom of navigation is a right, it’s a principle, and that regardless of this or any other specific operation, it’s a responsibility that the U.S. Navy takes seriously.”

South China Sea disputes increasing demand for U.S. security presence

On November 1, U.S. Defense Secretary Ash Carter told reporters on his way to South Korea that “the attention to disputed claims in the South China Sea, the prominence of those disputes, is having the effect of causing many countries in the region to want to intensify their security cooperation with the United States,”. Also, Carter revealed that discussions at an upcoming defense summit in Malaysia would include developments in the South China Sea, “the most notable of which in the last year has been the unprecedented rate of dredging and military activity by China.”

JAPAN

Abe backs U.S. operation in South China Sea; more sail-pasts expected

In the Kazakhstan capital of Astana, Prime Minister Shinzo Abe, on October 27, expressed his support for a U.S. Navy Aegis destroyer’s passage within 12 nautical miles of an artificial island built by China in the South China Sea. He stated that the U.S. action was based on international law. Abe said “in order to protect the free, open and peaceful sea, we will cooperate with the international community, including the United States, our ally.” He also stressed Japan’s view that China’s unilateral attempts to change the status quo and raise tensions are shared concerns of the global community.

Japan Vows Cooperation With U.S. In South China Sea But Faces Limits

Speaking in a news conference on October 27, Chief Cabinet Secretary Yoshihide Suga said “unilateral action that heightens tensions by changing the status quo through massive land reclamation projects in the South China Sea is a common concern of the international community”. He added “a close exchange of information is being conducted between Japan and the United States.” Yet, on the same day, when Defense Minister Gen Nakatani was asked about the SDF cooperating tactically with the U.S. military in the South China Sea, he said, “We do not have a plan for conducting a specific response.”

SOUTH KOREA

S. Korea Calls For Restraint In S. China Sea Disputes

South Korean Foreign Ministry spokesman Noh Kwang Il said during a press briefing on October 29 that "We have repeatedly stressed that any act that could affect peace and stability in the South China Sea should be restrained." He reiterated his government's already-known position that the disputes should be peacefully resolved in accordance with related agreements and international norms. South Korea’s reaction shows that it has been careful not to take sides amid rising maritime tensions between China and the United States, both economic partners of South Korea.

AUSTRALIA

Australia Supports Freedom of Navigation in the South China Sea

According to statement of Australia’s Minister for Defence, saying that “The United States has publicly declared its policy of conducting Freedom of Navigation operations globally, consistent with international law. It is important to recognise that all states have a right under international law to freedom of navigation and freedom of overflight, including in the South China Sea. Australia strongly supports these rights.” The statement further added “Australia is not involved in the current United States activity in the South China Sea. Australia continues to cooperate closely with the United States and other regional partners on maritime security.”

EUROPEAN UNION

EU sides with United States on South China Sea incident

On October 30, an EU foreign affairs spokesman said at a briefing, chiming with the U.S. line, that "the U.S. is exercising their freedom of navigation." "Whilst not taking a position on claims, the EU is committed to a maritime order based upon the principles of international law, in particular as reflected in the United Nations Convention on the law of the Sea (UNCLOS)," he said in a statement. In earlier day, in her speech in Beijing on October 29, German Chancellor Angela Merkelsaid that "the territorial dispute in the South China Sea is a serious conflict. I am always a bit surprised why in this case multinational courts should not be an option for a solution. Nevertheless, we wish that the sea trade routes stay free and safe, because they are important for all."

REGIONAL SNAPSHOTS

The U.S And Indonesia Urges Efforts to Quickly Conclude the Code Of Conduct Of Parties in the SCS.

On October 26, the U.S. President Barack Obama and Indonesian President Joko Widodo had a meeting at The White House. According to the joint statement released after the meeting, the two Presidents committed to forge a Strategic Partnership between our countries, to expand cooperation on shared strategic interests. Also represented in the joint statement both leaders expressed their shared concern about recent developments in the South China Sea that have increased tensions, eroded trust, and threatened to undermine peace, security, and the economic well-being of the region. Both countries believe it is vital for all parties to refrain from actions that raise tensions in the South China Sea. Both Presidents affirmed the importance of safeguarding maritime security and upholding internationally recognized freedoms of navigation and overflight in the South China Sea. Both countries support the peaceful resolution of disputes in conformity with international law, including as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS), and recognize the importance of full and effective implementation of the Declaration on Conduct of Parties in the South China, as well as efforts to quickly conclude the Code of Conduct of Parties in the South China Sea.

MSDF ship to join U.S. naval exercises in South China Sea

A Japanese Maritime Self-Defense Force (MSDF) escort vessel will join a U.S. Navy carrier for joint exercises in the South China Sea to back "freedom of navigation" operations in the region, it was learned on October 28. According to the Japanese Defense Ministry, an MSDF escort vessel Fuyuzuki will proceed with a US carrier USS Theodore Roosevelt to waters just north of Borneo in the South China Sea, and participate in communications and ship transfer drills with American forces. The exercise is viewed as both a demonstration of the strength of the Japan-U.S. alliance, and a check on China.

Press Release From The Hague On South China Sea Arbitration

On October 29, the Hague-based Permanent Court of Arbitration ruled that it has jurisdiction to hear some territorial claims the Philippines has filed against China over disputed areas in the South China Sea. The tribunal said it has authority to look into seven of the issues raised by the Philippines but its jurisdiction over seven others “will need to be considered in conjunction with the merits.” It asked the Philippines to clarify one of the submissions. In consultation with the Parties, the Tribunal has provisionally set the dates for the merits hearing. The Tribunal expects that it will render its Award on themerits and remaining jurisdictional issues in 2016.

Top US, Chinese naval officers hold video talks

On October 29, two days after a US destroyer sailed close to artificial islands built by Beijing in the South China Sea, Admiral John Richardson and Admiral Wu Shengli, who commands the Chinese navy, lasted about an hour. According to Pentagon spokesman Captain Jeff Davis said the men discussed "freedom of navigation operations, the relationship between the two navies including pending port visits, senior leader engagement and the importance of maintaining an ongoing dialogue." Wu and Richardson agreed to speak again via video conference later this year, he added.

THE EAST SEA STUDIES