- Islamabad says it stands by Beijing, calls for peaceful, bilateral resolution of dispute
China on Tuesday trashed the verdict given by an arbitral tribunal in The Hague in a case on the disputed waters of the South China Sea, declaring the ruling as “null and void”, and saying it “has no binding force” and hence Beijing neither accepts nor recognises the verdict.
The statement came following a verdict by the Permanent Court of Arbitration in The Hague on a request submitted by the Philippines government in 2013.
Pakistan, in a show of solidarity, reiterated its support for its “iron-brother” China over the “controversial” verdict.
Experts believe the ruling is set to further ignite tensions in the South China Sea which provides a main maritime route for trade from China, Korea, Japan, Myanmar and other countries of the region to the rest of the world.
Experts in China point fingers towards the presence of US warships for the tensions, claiming that the US was involved in triggering conflicts in the region in a vicious bid to contain China.
A statement issued by the Chinese Embassy in Islamabad on Tuesday termed the “controversial” verdict in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines as “biased” and “unfounded”.
“China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by the awards. China opposes and will never accept any claim or action based on those awards,” the statement said, pronouncing that the Chinese government would not surrender its claim to the South China Islands.
Reiterating its resolve to solve the South China Sea disputes, the Chinese government said it respects and upholds the freedom of navigation and overflight enjoyed by all states under international law in the South China Sea.
“China stays ready to work with other coastal states and the international community to ensure the safety of and the unimpeded access to the international shipping lanes in the South China Sea,” the statement added.
China says the arbitral tribunal “disregards the fact” that the essence of the subject-matter of the arbitration initiated by the Philippines is issues of territorial sovereignty and maritime delimitation, erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines, erroneously construes the legal effect of the relevant commitment in the DOC, deliberately circumvents the optional exceptions declaration made by China under Article 298 of UNCLOS, selectively takes relevant islands and reefs out of the macro-geographical framework of Nanhai Zhudao (the South China Sea Islands), subjectively and speculatively interprets and applies UNCLOS, and obviously errs in ascertaining facts and applying the law.
“The conduct of the Arbitral Tribunal and its awards seriously contravene the general practice of international arbitration, completely deviate from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China’s legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful,” the statement detailed.
“The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China,” said the Chinese government.
However, the statement added that the Chinese government will continue to abide by international law and basic norms governing international relations as enshrined in the Charter of the United Nations, including the principles of respecting state sovereignty and territorial integrity and peaceful settlement of disputes, and continue to work with states directly concerned to resolve the relevant disputes in the South China Sea through negotiations and consultations on the basis of respecting historical facts and in accordance with international law, so as to maintain peace and stability in the South China Sea.
“The unilateral initiation of arbitration by the Philippines is out of bad faith. It aims not to resolve the relevant disputes between China and the Philippines, or to maintain peace and stability in the South China Sea, but to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea,” said the statement.
PAKISTAN STANDS BY CHINA:
Responding to a question regarding the verdict, a spokesperson for the Ministry of Foreign Affairs said Pakistan maintains that disputes over the South China Sea should be resolved peacefully and bilaterally – a position maintained by Beijing.
“Pakistan maintains that disputes over the South China Sea should be peacefully resolved, through consultations and negotiations by states directly concerned, in accordance with bilateral agreements and the Declaration on the Conduct of Parties in the South China Sea (DOC),” the spokesman said.
In this context, the spokesperson added that “Pakistan opposes any imposition of unilateral will on others”, and respects China’s statement of optional exception in light of Article 298 of the UN Convention on the Law of the Sea (UNCLOS).
“Pakistan believes that maintenance of peace and security is the collective responsibility of all parties to the South China Sea. Countries outside the region should fully respect efforts made by China and the ASEAN countries to safeguard peace and stability in the South China Sea, and play a constructive role to this end,” said the spokesperson.
VERDICT MAY ESCALATE TENSION:
Senior diplomat and former ambassador Masood Khan, who also served as envoy to Beijing, said the verdict was as expected, adding that it could further escalate tensions in the region.
Cautioning against heightening of tensions in the region, Khan said diplomacy is required to prepare the ground for de-escalation and peaceful settlement of the disputes.
“There are effective mechanisms in place for that. Heightened turbulence in the South China Sea will spill over to other regions. This must be averted at all costs,” he added.
Commenting on the ruling, the former envoy said the verdict was as expected and so was China’s reaction. “The ruling is inoperative and inoperable because China did not participate in the proceedings of the Permanent Court of Arbitration and now it has rejected the outcome,” he added.
Asked how the ruling could escalate tensions, Masood Khan, who now serves as the director general of a local think-tank, the Institute of Strategic Studies Islamabad (ISSI), said “the ruling complicates the situation”. “It could lead to escalation of tensions in the region as there is already military build-up there. The only way forward is bilateral negotiations in pursuance of the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea,” he averred.
Khan said the new leadership in Manila had signaled that it was ready to do so.
“Pakistan, as a staunch ally of China, has supported its stance. We hope that no steps will be taken to hurt the security interests of China, which has declared that it would uphold the international rule of law and the UN Convention on the Law of the Sea,” concluded Khan.
