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China avoids criticizing PH, hits Arbitral court

Chinese Foreign Minister Wang Yi
Chinese Foreign Minister Wang Yi
Take note that in China’s reaction to the decision of the Permanent Court of Arbitration in the case filed by the Philippines against its all-encompassing nine-dash-line map and its claim of maritime rights over Scarborough Shoal and the Spratlys, it hit the Tribunal, not the Philippine government.

Definitely, not President Rodrigo Duterte.

If this sets the tone for post-Decision Philippine-China relations, there’s a good chance that talks on the disputed waters will achieve something positive.

Duterte had the good sense of letting Foreign Secretary Perfecto Yasay issue the statement who simply welcomed the decision and called for restraint and sobriety.

Yasay was heavily criticized by not looking happy over the decision that was overwhelmingly in favor of the Philippines.

In Beijing, President Xi Jinping, who was meeting with officials of the European Council and European Commission when the Award was released simply reiterated his government’s stand. He said, “China’s territorial sovereignty and maritime interests in South China Sea, in any circumstances, will not be affected by the Award.”

The Chinese Foreign Ministry said, “The award is null and void and has no binding force.”

Chinese Foreign Minister Wang Yi issued a strong statement saying, “The South China Sea arbitration is completely a political farce staged under legal pretext…” But he stressed that it was “unilaterally initiated by the former government of the Philippines, in an attempt to undermine China’s territorial sovereignty and maritime rights and interests in the South China Sea.”

Wang continued, “Plotted and manipulated by certain forces outside the region, the former government of the Philippines unilaterally initiated the arbitration with no consent of the other party.”

Vice Foreign Minister Liu Zhenmin alleges that Judges were paid by PH officials.
Vice Foreign Minister Liu Zhenmin alleges that Judges were paid by PH officials.
The air of sobriety and maturity is spoiled by the silly statement of Vice Foreign Minister Liu Zhenmin who not only questioned the arbitration tribunal’s competence and integrity, saying that its five arbitrators lacked knowledge of “Asian culture” but also said the they received money from the Philippine government.

“These five judges make money, and the money they made is from the Philippines.This arbitration suit could become a notorious case study in the history of international law,” Liu said.

Liu must be referring to Arbitration Cost.

Page 60 of the 501-page award explained “Deposits for the Cost of Arbitration.”

It said: “Article 33 of the Rules of Procedure states that the PCA may from time to time request the Parties to deposit equal amounts as advances for the costs of the arbitration. Should either Party fail to make the requested deposit within 45 days, the Tribunal may so inform the Parties in order that one of them may make the payment. The Parties have been requested to make payments toward the deposit on three occasions. While the Philippines paid its share of the deposit within the time limit granted on each occasion, China has made no payments toward the deposit. Having been informed of China’s failure to pay, the Philippines paid China’s share of the deposit.

“The deposit has covered the fees and expenses of members of the Tribunal, Registry, and experts appointed to assist the Tribunal, as well as all other expenses including for hearings and meetings, information technology support, catering, court reporters, deposit administration, archiving, translations, couriers, communications, correspondence, and publishing of the Awards. Article 7 of Annex VII to the Convention provides that ‘[u]nless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.’

“In accordance with Article 33(4) of the Rules of Procedure, the Registry will ‘render an accounting to the Parties of the deposits received and return any unexpended balance to the Parties’ after the issuance of this Award.”

No taunting. So we will not say anything about Liu.

Published inForeign Affairs

6 Comments

  1. Golberg Golberg

    “No taunting. So we will not say anything about Liu.”

    Ako may sasabihin; “ISA KANG MALAKING KUPAL LIU.”

    Mayroon pa lang rules hinggil sa pagbabayad, hindi kayo nagbayad mga kupal kayo tapos sasabihin ninyong “SINUHULAN NG PILIPINAS ANG MGA HURADO.”

    Hindi ka lang kupal, isang ka ring gago puñeta ka. Palibahasa mga utak ninyo puno ng melamine at vetsin.

  2. Golberg Golberg

    Kung nakakaintindi sila ng tagalog, maganda rin ito sabihin bukod sa nasabi ko na “Ulol, gunggong. Barilin kita sa mukha e.”

    Mayroon akong nakilalang literal na Chinese dahil taga Foshian siya. Pero nagmigrate dito sa Pinas. Sabi niya sa akin, mayroon daw silang ugali ng gusto niyang tanggalin sa kanya. Di na siya nag sabi kung ano yun. Pero siguro ito yung tinutukoy niya. Mga bastos itong mga ito at walang galang at respeto sa batas.

  3. roc roc

    sabi ng mga intsik the judges kuno make money and the money they made is from Philippines. well, masyadong mayaman ang china keysa atin, why don’t they offer the judges much more money? china’s pride is at stake, it’s status as emerging world power is at stake, dapat no holds barred ang china, no expense so great. kaso, hindi mabili ang judges, yong integrity at saka credibility nila ay 2nd to none. maybe, the judges in china can be bought, but not the judges in international court.

    hard to believe that a very rich country like china with its stranglehold on world economy, cannot persuade the judges to their side. sa akin lang po, it’s maybe, because, incorruptible kasi yong judges that no matter what china do, truth prevailed, justice prevailed.

    china wants to be seen as modern nation, a player in international stage, but if it cannot abide by the rule of law, then the chinese are no better than the barbarians that in the past, the great wall of china tried to exclude.

  4. roc roc

    and if united nations is so bad, its courts so bad, its decisions so myopic, its judges next to useless, maybe it’s best for china to exit the united nations, and be a country beholden to no one. free to harass and bully any country.

  5. chi chi

    Liyong-liyo si Liu.
    Ganyan si tsekwa kung matalo, nawawala sa sarili. 🙂

    Nabalik tuloy sa akin ang senaryo nung bumisita kami sa Tibet.
    Ang mga Tibetans pinagduduraan ng mga sundalong intsik. Hindi ako nagbibiro o gumagawa ng kwento lang. Ganyan din ang gagawin nila sa kapinuyan kung makuha nila ang Pinas via the South China Sea.

  6. Tom Nagorski, Executive Vice President of Asia Society:

    I was struck by language in the ruling that pertained to the environmental damage done in these waters. This was an often-overlooked element in the Philippines’ case — overlooked because the South China Sea has rightly been seen primarily as a major geopolitical and strategic issue. The ruling finds that the Chinese have inflicted “irreparable” damage to the environment in the course of its building up the various islands, with airstrips and so on. That’s damage done to the coral reef environment, and what the tribunal said was harm “on a substantial scale” to marine life in the area. This is important because China has actually become a major voice on global climate and other environmental issues; and also because this part of the ruling will attract attention and criticism from those for whom the environment is more important, or more interesting, than the geostrategic question of who controls the seas.

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