Defending China's legitimate rights
- By Shen Dingli
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E-mail China.org.cn, April 3, 2014
It is only since 1997, when Manila introduced its current constitution, that it has claimed all islands within its exclusive economic zone (EEZ). The 1982 UNCLOS (United National Convention on the Law of Sea) gives all littoral countries, including the Philippines, certain economic rights within their respective EEZs. But neither UNCLOS, nor the historical evidence, supports the Philippines' claim to all rocks within the area between 12 and 200 nautical miles from its sea baseline.
Over the past several decades, the Philippines government has made aggressive moves to occupy eight Chinese islands on the east side of the Nansha Islands. In addition, Manila has attempted to impose its jurisdiction on the area around the Huangyan Island by arresting Chinese fishermen working there. In 1999, the Philippines navy intentionally grounded its tank landing ship No. 57 at Ren'ai Jiao (Second Thomas Shoal), in what was tantamount to an encroachment on this area. Given such aggression, it should be China, rather than the Philippines, suing the other party at the International Court of Justice (ICJ). By the way, it should be pointed out that it is the ICJ, rather than the International Tribunal, that has jurisdiction over questions of sovereignty
There are, indeed, disputes over economic rights in the overlapping area between China's nine dashed lines and the Philippines' EEZ. However, it should be noted that on signing the UNCLOS in 1982, the Chinese government made certain reservations regarding the EEZs of other maritime states in the South China Sea, citing its historical rights as defined by the nine dashed lines. China respects others' rights to EEZs, but others should also respect China's rights to maintain certain reservations on EEZs that conflict with China's traditional rights.
Such disputes over economic rights are best resolved through consultation and negotiation. Before seeking assistance from the International Tribunal to settle disputes over economic rights, the Philippines should respect China's sovereignty over its islands and islets, even if they are situated within Manila's EEZs.
For a long time the Chinese position has been to shelve disputes and pursue cooperative development. Overlapping claims regarding sovereignty and economic rights have greatly complicated Beijing-Manila relations and warrant meticulous care, the exercise of self-restraint, and constant communication. But given that the Philippines has invaded Chinese islands and islets and, at the same time, has ventured to sue China over economic rights in overlapping waters, it appears that Manila has abandoned interest in shelving differences. Given such challenges, China must defend its legitimate rights resolutely.
The author is a columnist with China.org.cn. For more information please visit:
http://www.china.org.cn/opinion/shendingli.htm
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