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I always find it laughable that people think the UNCLOS arbitration will force our hand, or can even claim we violate the law. Truth of the matter is, we have the "ace card" which turn UNCLOS into a game of "he says, she says", endless debate without ever providing concrete evidence. Shall we look at our "ace card"?
To understand UNCLOS, everyone must understand that each country has the "right" to make a declaration before ratification of any new law on UNCLOS for what each states agree and NOT agree.
China made this "key" statement, which is extremely important regarding dispute settlement and UNCLOS.
Shall we look in detail of what we will not agree when ratifying the new law?
Shall we look deeper in the Article 15, 74, 83 that we did not agree with?
Fact is we do not accept these articles and disputing states have no right to infringe on our territorial claim when we agreed when ratified UNCLOS. These are what we said when ratified:
"The People's Republic of China reaffirms its sovereignty over all its archipelagos and islands as listed in article 2 of the Law of the People's Republic of China on the territorial sea and the contiguous zone, which was promulgated on 25 February 1992."
In other words, we always reaffirm our territorial claims. It is up to other dispute parties to prove our territorial claims are invalid, which is a tough task considered we have many historical evidence, treaties, and among the legal right of acquiescence of disputing states. If you understand the legal definition of "Acquiescence" in the court of law, you will understand why our territorial rights are unchallenged.
So why didn't we agree to arbitration, you may ask, if we are confident to win any territorial dispute? It's simple. First, there is no legal procedure that can force our hand. Second, we did not violate any UNCLOS by making that "Declaration" and as such UNCLOS credibility is intact when a great power, as China, did not break any agreements we obligated to follow... And lastly, the 9-dotted line may lack sufficient "moral" justification to make a claim, which is why we are hesitated to clearly clarified as a strategic attempt to keep disputing countries from "guessing" or attempting to understand a strategy to advance their interest.
We can win all territorial disputes in the court of law but we will lose the moral justification. We understand this, which is why we will not go to arbitration.
First off, let me start with this question. Do you think you can do a better job in leading the free world?
When you ratified the UNCLOS in 1996, you made a statement that you enjoy sovereign rights over its exclusive economic zone of 200 nm and the continental shelf. You also stated a law it passed in 1992 claiming islands in South China Sea including Taiwan and other disputed islands. Keep in mind that the UNCLOS was written in 1982. In both statements, Your country also stated that you will abide and respect the international law.
If others are to respect China's 200nm EEZ and continental shelf, then you should in return respect your neighbors' territories. Even if you do not accept Sec 2 of Part XV of the Convention (which China did in 2006), Art 74 and 76 clearly defines the issue in South China Sea.
Going back to my question above, You are establishing yourself as a major player in the world. But if you want the whole world to listen, you should not treat your neighbor like this. If you really want to settle the dispute then there are several choices.
1. Choice of procedure under article 287 of the Convention
2. International Court of Justice
3. International Tribunal for the Law of the Sea
4. Arbitrators and Conciliators
Clearly, you don't want any international involvement because you don't want the international community to see you for what you really are.
The way I see it. The reasons for you not participating in the UN tribunal because:
1. Philippines way of initiating the process are law-full and right. Your country, however wants to prolong the issue to maintain the status quo which is legal limbo and defacto Chinese rule through intimidation and force. Use of force is not amicable.
2. You delayed for as long as possible the signing of the Code of Conduct which was requested as early as 1995. This is not amicable.
3. You have no faith in the final outcome because you know you are breaking the laws that you yourselves agreed to and easily use it in your favor. This is not amicable as it is duplicitous.
4. The way Philippines handled the process is law-full and was forced by you (China) as a last resort. You want to prolong the current ambiguous status quo and be able to defacto enforce your rule in the South China Sea through force of arms. This is not amicable.
5. You still occupies Mischief reef which Chinese government admitted in 1996 was Philippine territory and that you will only use it as fisherman's sanctuary. You lied and built military structures. Now Scarborough shoals. This duplicitous and criminal behavior is not amicable.
Anyway I believe once the tribunal decides that the Philippines' claim is legitimate under UNCLOS, our claim will be legally recognized by the UN under UNCLOS. That will cement the grounds of our claim further and if you do not respect our entitlement, you will suffer badly especially your reputation around the world more so now that you looked at as a rising great power. Failure to cooperate would also further antagonize other Asian states Japan, India, Vietnam and other claimants in the dispute. Last possibility is that this could now be used as a valid raison d'être of an alliance among the smaller claimant nations against you.