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The Permanent Court of Arbitration in The Hague was not a best place to resolve the dispute between China and the Philippines over the South China Sea, a Croatian law expert said.
Although an international lawyer who has always supported arbitration, he still thought this was a rather complicated case, said Vladimir Duro Degan, an expert of international law and a member of Croatian Academy of Science and Art.
"One sovereign state cannot take legal action against another state in the absence of mutual consent," Degan told Xinhua recently.
"Beijing said it would neither accept nor participate in the arbitration and that is China's right."
There were many similar cases in the international relations which one country refused to participate in the arbitration, he added.
Vladimir Duro Degan, an expert of international law and a member of Croatian Academy of Science and Art
The dispute over the South China Sea was a small but very important segment of the quest for global dominance, said Ante Simonic, former Croatian ambassador to China.
"There is a new world order in the making and the center of tectonic movements are Asia and Pacific region. With all the regional disagreements and differences, there are opposed interests of the United States, the only superpower in the world and the global policeman, on the one side, the regional power China, on the other," he said.
"This dangerously tense and complex situation threatened not only safety of an extremely important maritime corridor but the peace and prosperity in the region, even the whole world," he said.
Therefore, all sides have to act in a wise, responsible and patient manner and gradually find a fair and long-term sustainable solution, he added.
The South China Sea arbitration unilaterally initiated by the Philippines will set a "serious, wrong, and bad example" if it is allowed to go through, Chinese Ambassador to Britain Liu Xiaoming said.
In a recent interview with Reuters, Liu said China will not participate in the arbitration and China believes it is illegal for a tribunal to handle this case.
"The Philippines' arbitration case is against UNCLOS (the United Nations Convention on the Law of the Sea), because sovereignty and territorial disputes are not under the jurisdiction of UNCLOS," Liu stressed.
Liu noted that China, like 30 other countries, made a declaration in 2006 that it will not take part in third party arbitration when it comes to maritime delimitation.
China has always called for bilateral consultation and negotiations with neighboring countries, including the Philippines, when it comes to maritime disputes, the Chinese envoy said.
Chinese Ambassador to Britain Liu Xiaoming
"In our view, the Philippines have turned their back on their promise and that is against international practice. Once agreed, you have to follow your commitment," he said in the interview.
According to UNCLOS, Liu said, arbitration is only a supplementary means to resolve disputes, and bilateral channels are regarded as the main means to resolve a dispute between countries.
"The Philippines had never come to China to talk about this arbitration. And China and the Philippines had never had serious negotiations on this subject back then," he elaborated.
UNCLOS provides that a compulsory arbitration will not be resorted to settle a dispute between countries unless all bilateral channels are exhausted.
If this arbitration goes through, it "is against the spirit of UNCLOS," and will "set a serious, wrong and bad example," said Liu, adding that British and Dutch experts on the Law of the Sea shared the same concern with Chinese legal experts.
"Some people try to label China as not respecting international law if we reject this arbitration. But that is totally wrong. What China is doing is exactly safeguarding the authority and seriousness of international law, safeguarding the letter and spirit of UNCLOS," he told Reuters.
No matter what decision this tribunal is going to make, "it has no impact on China and China's sovereignty over these islands and reefs will not be bound by it," Liu argued.
"We will not fight in the court, but we will certainly fight for our sovereignty," he stressed.
Citing China's record in resolving territorial disputes with its neighbors, Liu reiterated that the door remains open for the Philippines to return to bilateral negotiations with China.
"The Philippines, they can put forward their proposals. And we can have our proposals and we'll meet half way. Any negotiation is a process of compromise."
"Now they have elected a new government. We do hope that they will change their course, return to the negotiation table," said the diplomat.
(APD)
