The Philippines is pressing China to "immediately clarify" its reported plan to interdict ships entering what it deems its territory in the South China Sea, saying Beijing's statement violates international agreements and threatens maritime peace and freedom of navigation.
China's notice, issued Thursday, that it is strengthening control over its maritime jurisdiction in Hainan province and will board ships supposedly intruding in its territory "is a gross violation of the Declaration on the Conduct of Parties in the South China Sea (DoC), international law, particularly UNCLOS, and a direct threat to the entire international community," the Department of Foreign Affairs (DFA) said in a statement on Saturday. "We would like China to immediately clarify its reported plans to interdict ships that enter what it considers its territory in the South China Sea."
Manila is "specifically concerned with the information that foreign vessels illegally entering the waters under the jurisdiction of Hainan Province - which China claims to include virtually the entire South China Sea under the 9-dash line - can be boarded, inspected, detained, confiscated, immobilized and expelled, among other punitive actions," the DFA added.
Such action violates "not only the maritime domain of coastal states established under UNCLOS, but also impedes the fundamental freedom of navigation and lawful commerce," the foreign affairs office said.
The United States says it will protest any threat to freedom of navigation, even as Washington said it would remain "neutral" in the maritime disputes.
China has been embroiled in disputes with ASEAN members Philippines, Vietnam, Brunei and Malaysia, but most especially with the first two countries.
"If media reports are accurate, this planned action by China is illegal and will validate the continuous and repeated pronouncements by the Philippines that China’s claim of indisputable sovereignty over virtually the entire South China Sea is not only an excessive claim but a threat to all countries," said the DFA statement on Saturday.
If media reports are accurate, added Manila, China's announced plan "deserves international condemnation by ASEAN, our international partners and the entire community of nations."
ASEAN Secretary General Surin Pitsuwan on Friday did in fact also express deep concern over China's latest statements and stance, suggesting that the matter could disrupt navigation and dampen investor confidence in the entire East Asia.
China's announcement of its plan in Hainan province stoked the resentment caused by its adoption of an e-passport the design of which includes a map that covers much of the disputed territory not only of the four ASEAN members but also India and Taiwan.
Vietnam and the Philippines are not stamping visas on the new passports of potential Chinese travelers to their countries, but are instead stamping visas on separate documents that are merely given to the visa applicants. The two countries said stamping their official visas on the new microchipped passports might signal assent with China’s new bid to assert its territorial claims.
Coastal border defense our right: China
On Friday, the highlights of a press briefing in Beijing that were posted in their official website quoted Foreign Ministry spokesman Hong Lei as saying it was their “right” to impose such a coastal boarder defense regulation in the South China Sea.
“Every country has the right to carry out maritime management according to law,” Hong said.
“China has indisputable sovereignty over the islands in the South China Sea. The Huangyan island is China's inherent territory and there is no sovereignty dispute over it,” Hong said.
The framework of the COC is the ASEAN’s non-binding Declaration on the Code of Conduct which was signed in 2002.
All signatories to the Declaration are directed to “exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner”.
Hong had earlier assured all ASEAN countries that China will “cooperate” with the 10-member-bloc in abiding by the six-principle statement signed by ASEAN and China in the second week of July.
The six-principle statement was put in place after ASEAN failed to issue a joint statement at the last ASEAN Foreign Ministers summit in Cambodia.
Under the six-point-principles, ASEAN agreed to: 1) fully implement the Declaration on the Conduct of Parties in the South China Sea or DOC; 2) support the guidelines of the DOC; 3) conclude early a regional code of conduct on the South China Sea; 4) fully respect universally-recognized principle of international law including the 1982 United Nations Convention on the Law of the Sea; 5) continue exercising self restraint and non-use of force; and 6) the peaceful resolution of conflicts in accordance with universally-recognized principles of international law and including the 1982 UNCLOS.
The revised coastal and border public security regulation is only the latest in a series of aggressive moves by China in asserting its claims over almost the entire rocks and features in the disputed Spratly Island, Paracel islands and Macclesfield Bank in the West Philippine Sea.
In April, Chinese fishermen were caught acquiring endangered maritime species within the 125 nautical miles of the economic exclusive zone of the West Philippine Sea.
Philippine authorities arrested them but China blocked this, sparking a standoff between Beijing and Manila for two months until President Benigno Aquino III ordered the Coast Guard to withdraw Philippines vessels due to bad weather.
China claims virtually the entire West Philippine Sea on the basis of its nine-dash line that can be found on ancient Chinese maps.
The Philippines maintains its sovereignty over the 200-nautical mile EEZ provided by the UNCLOS.-Interaksyon (December 01, 2012 3:59PM)
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