Activities of the Claimants

China

China to Philippines: Let’s sit down and talk

Chinese Ambassador to the Philippines, Zhao Jianhua told journalists in an interview on July 6 that “I think the best is to sit down bilaterally to talk. We need to resume our bilateral negotiation without any condition. I think this is the best way that we can discuss how to peacefully settle these disputes.” He said “our door for bilateral consultation and negotiation is still open and will be open forever”. Zhao’s pronouncements came a day before a United Nations tribunal proceeds to determine whether it has jurisdiction over a case filed by Manila contesting Beijing’s massive claim in the West Philippine Sea and South China Sea.

China opposes Philippines' move on South China Sea

In a Regular Press Conference on July 7, Foreign Ministry Spokesperson Hua Chunying said “China opposes any moves by the Philippines to initiate and push forward the arbitral proceeding. China's position has been clearly stated in the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines released in last December.” Hua also told the press briefing that China will neither accept nor participate in the arbitral proceeding unilaterally initiated by the Philippines, adding that China has expounded this position on many occasions.In the next day press conference, when asked to give comment on the Taiwan Leader Ma Ying-jeou about China’s sovereignty over islands in the South China Sea, Hua stated “In the current context, Chinese people on both sides of the Taiwan Straits have the responsibility and obligation to jointly safeguard our territorial sovereignty and maritime rights and interests.”

Taiwan’s statement on the South China Sea

With regard to the South China Sea, which has been in the international spotlight of late, on July 7, the Ministry of Foreign Affairs of the Republic of China (Taiwan) reiterates its position. That, notably, stated that the ROC was a founding member of the United Nations. Although the ROC lost its representation in 1971, its full name remains in Articles 23 and 110 of the Charter of the United Nations. The ROC has consistently adhered to the principles of peaceful settlement of international disputes and freedom of navigation and overflight as stipulated in the UN Charter and other relevant international law and regulations. The ROC government calls on countries bordering the South China Sea to respect the spirit and principles of the UN Charter and UNCLOS, and to exercise restraint, safeguard peace and stability in the South China Sea, and refrain from taking any unilateral action that might escalate tensions.

The ROC government will work to safeguard sovereignty, shelve disputes, pursue peace and reciprocity, and promote joint development. Based on consultations conducted on an equal footing, the ROC is willing to work with other parties concerned to jointly ensure peace and stability in the South China Sea, as well as conserve and develop resources in the region. Any arrangement or agreement regarding Taiping Island (Itu Aba) or other islands in the South China Sea and their surrounding waters that is reached without ROC participation and consent shall have no legal effect on the ROC and shall not be recognized by the ROC government.

Taiwan vows to defend sovereignty, rights over Taiping Island

 

On July 7, speaking at an international conference marking the ROC's victory in its war of resistance against Japanese invasion during World War II, Taiwan’s President Ma Ying-jeou said that the Republic of China government will "staunchly defend" its sovereignty over Taiping (Itu Aba) Island in the South China Sea and every right held by the country under international law. Citing international documents such as the Cairo Declaration, the Potsdam Declaration and the Japanese Instrument of Surrender, Ma said that the ROC regained sovereignty over islands in the South China Sea after the end of the World War II in 1945. Ma stressed that Taiping (Itu Aba) complies with the definition of an island by international law. Any attempt by other countries to deny the truth of Taiping (Itu Aba) as an island will not undermine the status of Taiping as an island, he said. Ma added "in the future, the ROC government will continue development on Taiping with the aim of peace, to make it a hub for humanitarian assistance, environmental protection and scientific research in the Spratly Islands.” 

Vietnam sends representatives to attend PH-China hearing

Vietnam sent envoys to a historic hearing that pits Manila against Beijing. In fact Vietnam filed a position paper on the Philippines' case before the PCA in December 2014. In this document, Vietnam joined the Philippines in rejecting China's excessive claim. The Philippines affirmed Vietnam's support for the case, as Hanoi also mulls "legal actions" against Beijing. Referring to the Philippines and Vietnam, Vietnamese Ambassador to the Philippines Truong Trieu Duong told Rappler in June 2014: "We've got to be united, and stand united. We will win."

Philippines

Philippines ramps up military spending in face of China threat

On July 7, Major-General Raul del Rosario, military chief of plans, told Reuters that the Philippines plans to ramp up military spending over the next 13 years, earmarking more than $20 billion to modernize its forces in the face of Beijing's maritime ambitions in the disputed South China Sea. The blueprint includes installing radars and sensors, and buying equipment such as submarines, frigates, fighters, surveillance planes and missile systems. "By the time, we complete this plan, we will have complete coverage of the South China Sea," said del Rosario, a former fighter pilot, showing the military's detailed plan that was approved on Friday, July 3. "We will have 24/7 awareness of what is happening in the disputed area and we'll be able to respond quicker to any contingency in our own exclusive economic zone."

Philippines vows to smash China's dashed line

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On July 8, speaking at Permanent Court of Arbitration in The Hague, Philippines Foreign Minister Albert del Rosario reiterated that “the Philippines is NOT asking the Tribunal to rule on the territorial sovereignty aspect of its disputes with China. We are here because we wish to clarify our maritime entitlements in the South China Sea, a question over which the Tribunal has jurisdiction. This is a matter that is most important not only to the Philippines, but also to all coastal States that border the South China Sea, and even to all the States Parties to UNCLOS. The Philippines understands that the jurisdiction of this tribunal convened under UNCLOS is limited to questions that concern the law of the sea. With this in mind, we have taken great care to place before you only claims that arise directly under the Convention.  As counsel for the Philippines will discuss at length in the coming days, we have, in essence, presented five (5) principal claims.  They are:

First, that China is not entitled to exercise what it refers to as “historic rights” over the waters, seabed and subsoil beyond the limits of its entitlements under the Convention;

Second, that the so-called nine dash line has no basis whatsoever under international law insofar as it purports to define the limits of China’s claim to “historic rights”;

Third, that the various maritime features relied upon by China as a basis upon which to assert its claims in the South China Sea are not islands that generate entitlement to an exclusive economic zone or continental shelf.  Rather, some are “rocks” within the meaning of Article 121, paragraph 3; others are low-tide elevations; and still others are permanently submerged. As a result, none are capable of generating entitlements beyond 12M, and some generate no entitlements at all.  China’s recent massive reclamation activities cannot lawfully change the original nature and character of these features;

Fourth, that China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction; and

Fifth, that China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered species.”

Philippine new military chief assumes post

On July 10, Philippine President Benigno S. Aquino III has named incumbent Army commander as the new chief of staff of the 140,000-strong Armed Forces of the Philippines (AFP). Outgoing military chief General Gregorio Pio Catapang turned over the post to Lieutenant General Hernando Delfin Carmelo Iriberrion Friday during a ceremony at AFP headquarters in Quezon City, Metro Manila. Iriberri is the 46th AFP chief.

PH may seek provisional measures vs China’s reclamation efforts

Justice Secretary Leila de Lima said on July 11 that the Philippine government is mulling on seeking provisional measures that compel China to cease its reclamation project in the West Philippine Sea should the arbitration tribunal decide to acquire jurisdiction on the case. Sec. de Lima returned to the country on Thursday night from The Hague, Netherlands, confirmed that the government team handling the case is considering the suggestion of Supreme Court Associate Justice Antonio Carpio to seek provisional relief before the UN Tribunal on the Law of the Sea. It would be recalled that Justice Carpio earlier made the suggestion, citing Art. 290 (1) of the UN Convention on the Law of the Sea (UNCLOS). The provision stated that if a dispute has been submitted to a tribunal of competent jurisdiction, the tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the environment, pending the final decision.

Manila finds marker with Chinese writing, buoys in disputed waters

According to the Philippine navy source, it recently found a large steel marker bearing Chinese inscriptions and hundreds of yellow buoys in waters near the Reed Bank (80-90 nautical miles west of the Philippines), an area of the South China Sea where Manila has long explored for oil and gas. A sailor told Reuters he was on a fishing boat being used by the navy that discovered the rubber buoys and the floating steel marker at the end of May. The buoys stretched "as far as the eye could see", the sailor said.

While this discovery was confirmed by two senior Philippine naval officials, Marine Colonel Edgard Arevalo, the Philippine navy spokesman in Manila, said he had not seen any report on the discovery. When asked to comment on the buoys, on July 8, the Chinese Foreign Ministry SpokespersonHua Chunying said "we do not understand what you are talking about", and adding that China had "indisputable sovereignty" over the Spratly islands and its nearby waters.

Indonesia

Indonesian government to build military base near South China Sea

The announcement was released in a meeting held by Defence Ministry and The National Development Planning Board (Bappenas) on Friday, July 10. Bappenas chief Andrinof Chaniago said he proposed the establishment of a joint research team to carry out the plan. He said there were several potential locations for the base. So far, the options referred to were areas in Sambas, West Kalimantan; Natuna Islands, Riau Islands and Tarakan, North Kalimantan. “The findings from the team will be conveyed to President Jokowi [Joko Widodo], who will make his decision. We hope that in the near future, the plan will be realized,” he said. Meanwhile, Defense Minister Ryamizard Ryacudu said that an Indonesian military base in the territory is urgent considering the high potential of future conflict between different countries.

Regional Snapshots

The arbitral tribunal hearing the Philippines' case

The Philippines argued at a closed hearing on Tuesday, July 7 that an international court should intervene in its dispute with China over the right to exploit natural resources and fish in the South China Sea. "The Philippines believes the court has jurisdiction over all the claims it has made," said lawyer Paul Reichler, representing the Philippines. In this week, a panel of five judges will hear arguments and decide whether the treaty-based court has jurisdiction.

On July 10, the arbitral tribunal handling the Philippines' case against China at The Hague, Netherlands, said Manila needs to prepare for a second round of oral arguments on Monday, July 13. Deputy Presidential Spokesperson Abigail Valte said in a bulletin that "The Philippine side has undertaken sufficient preparation to ensure that the best answers will be provided to the questions expected to be propounded by the tribunal during the second round,"

General Secretary of the Communist Party of Vietnam visits in Washington.

General Secretary of the Communist Party of Vietnam (CPV) Nguyen Phu Trong and the Vietnamese delegation arrived at Andrews military airport in Washington D.C at 8am of July 6 (local time), starting his official visit to the US at the invitation of the US administration.  The visit takes place at a time important to Vietnam-US relations, as the two countries are marking the 20th anniversary of the establishment of diplomatic ties.

Party General Secretary Nguyen Phu Trong and US President Barrack Obama held talks at the Oval Office of the White House in Washington in the morning of July 7 (local time). US President Barrack Obama stressed that the US attaches special importance to its relations with Vietnam and the latter’s role in the Asian-Pacific region, expressing his hope for stronger bilateral relations in the time ahead in the interest of the two countries and the region. Party General Secretary Nguyen Phu Trong affirmed Vietnam’s consistent and long-term policy of treasuring the development of relations with the US. Among other issues reached between the two leaders, they agreed that the maintenance of peace, stability, security, safety and freedom of navigation and aviation in the East Sea is the common interest and responsibility of the regional and international community. They both expressed support of the principle of resolving disputes via peaceful means on the basis of respect for international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS), implementing strictly and fully the Declaration on the Conduct of Parties in the East Sea (DOC), and working towards the early conclusion of a Code of Conduct on the East Sea (COC), without using or threatening to use force and making acts to further complicate the situation in the East Sea.

The two sides released Joint Vision Statement after candid discussions in which stresses that both countries are concerned about recent developments in the South China Sea that have increased tensions, eroded trust, and threatened to undermine peace, security, and stability. They recognize the imperative of upholding the internationally-recognized freedoms of navigation and overflight; unimpeded lawful commerce, maritime security and safety; refraining from actions that raise tensions; ensuring that all actions and activities taken comply with international law; and rejecting coercion, intimidation, and the use or threat of force.  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 fully implementing the Declaration on Conduct of Parties in the South China Sea in its entirety, as well as efforts to conclude the Code of Conduct of Parties in the South China Sea.

The 14th China-ASEAN joint working group meeting on implementing the DOC in the South China Sea.

 

Chinese Foreign Ministry Spokesperson Hua Chunying revealed in Regular Press Conference on July 6, 2015 that “the 14th joint working group meeting on implementing the DOC was held in Kuala Lumpur, Malaysia from July 1 to 3. The meeting aims to fully and effectively implement the DOC, and registers positive progress on moving forward maritime pragmatic cooperation and consultations on the code of conduct in the South China Sea (COC) as well as implementing the early harvest. The meeting drew up the Second List of Commonalities of the COC consultations and concept documents on the Terms of Reference of the Eminent Persons and Experts Group (EPEG) and the senior officials' hotline platform in response to maritime emergencies among ministries of foreign affairs of China and ASEAN member states, and decided to put them under deliberation in the senior officials' meeting to be held late this month.”