South China Sea Arbitration: On the brink of turmoil

The recent arbitration in South China Sea smacks of American muddling into this region. China has made known its position and considers the tribunal as “a laughing stock in human history” while ridiculing it although US has put pressure on China to abide by it. Liu Hayang of South China Research Centre at Nanying University even made a reference to what was happening in Asia-Pacific implicating the US as a trouble-maker in the region. He further added that the judges were biased against the interests of China, not a single one is of Asean background. Behind the scene the US is lurking to ignite tension in the region. Will the South China Sea be turned into a war-torn area like the Middle East? For China, UN convention on the Law of the sea cannot be used to decide issues of sovereignty in South China Sea. It also pointed to an official declaration of optional exception that China made in 2006 which stated that it accepted no compulsory settlement procedures provided by the Convention on territorial sovereignty and maritime delimitation. China therefore rejects the authority of arbitration in the first place. The Tribunal in the Hague Netherlands cannot enforce its arbitration because it has no jurisdiction over such issue. Historically the islands of South China Sea belong to China but they were left unoccupied. Only recently when the neighbouring discovered that the waters are rich in fishing stocks and potential energy resources and where an estimated of 5 trillion US dollars in global trade passes annually that they started agitating and claiming their sovereignty over these islands. They are “China’s inherent territory” and Philippines is blamed for stirring up trouble. Philippines’ claims are “baseless” and “an act of bad faith”. It was in 2013 that the case was lodged to this court under the impulse of Aquino and Beijing stated clearly that it would not participate in the tribunal proceedings because Philippines had no legal grounds to unilaterally initiate compulsory arbitration. Beijing believed that this issue could have been solved through negotiation among countries concerned before any international arbitration. Under UN convention, compulsory arbitration will take place only when negotiation comes to deadlock. But instigated by US, Philippines has put the ox before the cart. One thing for sure, China of today is no more China of the past. So many of its territories have been excised fraudulently by force. Today it can no longer accept such situation: It can assert its rights to the world. Beijing could declare an air defence identification zone over the waters if it feels threatened – a move that could escalate tensions. But Beijing also extended an olive branch to the new Philippines Government. China believes in negotiations rather than confrontation. White House spokesman Josh Earnest encouraged all parties to “acknowledge the final and binding nature of the tribunal.” It seeks a peaceful settlement to preserve freedom of navigation and commerce and not to engage in escalating or provocative actions. But China denounces strongly the role played by US which inwardly is igniting trouble and inciting countries like Japan, Vietnam and Philippines with provocative slogans against China. Tension is palpable between China and US in the region. The presence of US navy is a sign of provocation. The double standards of US is denounced by China. In South China Sea they talk of one principle while on the Chagos issue they brandish another issue. China has pointed out the West’s double standards raising the cases of the controlled Chagos Islands and a case involving the US in Nicaragua. This is the hypocrisy of US. Do they want to convert this region into a war-torn one like the Middle East currently?? China has vowed to take all necessary measures to defend its territorial claims and it is not intimidated nor will it be coerced by the US sending ten aircraft carriers to the disputed waters. Is it another war by proxy? Philippines is navigating on tight rope: will it dance according to the tune of US? Co-operation however would remain elusive if conflicts over the claims persist.