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China avoids criticizing PH, hits Arbitral court

Chinese Foreign Minister Wang Yi. By ELLEN T. TORDESILLAS 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

By verafiles

Jul 15, 2016

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Chinese Foreign Minister Wang Yi.
Chinese Foreign Minister Wang Yi.

By ELLEN T. TORDESILLAS

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.

Yasay simply welcomed the decision and called for restraint and sobriety.

He  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
Vice Foreign Minister Liu Zhenmin

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.

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