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South China Sea: Hague case
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Liu Zhenmin, China’s vice-foreign minister, speaks in Beijing on Wednesday after the release of the white paper following the UN ruling on its territorial dispute with the Philippines. Photo: Xinhua

China renews calls for South China Sea talks with Manila in Hague ruling’s wake

China takes softer tack to woo the Philippines to the negotiating table, with the new administration in Manila likely to remain cautious, analysts say

Beijing called on Wednesday for fresh dialogue to resolve its South China Sea disputes but insisted that such talks should not be based on a landmark international tribunal ruling.

In the aftermath of the Permanent Court of Arbitration’s massive blow to China’s claims in the contested waters, Beijing released a white paper urging all parties to refrain from provocation and for the disputes to be resolved through negotiation.

Observers said the softer handing of the controversy, contrasted with the anger Chinese officials voiced immediately after the ruling was delivered.

“China maintains that the issue of maritime delimitation in the South China Sea should be settled equitably through negotiation with countries directly concerned in accordance with international law, including Unclos,” the paper said, referring to the United Nations Convention on the Law of the Sea.

“Pending the final settlement of this issue, all relevant parties must exercise self-restraint in the conduct of activities that may complicate or escalate disputes and affect peace and stability.”

The white paper’s 49 pages detailed the history of the maritime disputes between China and the Philippines, which took the case to the Hague tribunal.

The document maintained Beijing’s long-held position that the disputes should be resolved though bilateral dialogue.

While questioning the neutrality of the tribunal and underscoring China’s determination to ignore the ruling, Vice Foreign Minister Liu Zhenmin said the new leadership in the Philippines offered new hope for repairing ties between the two countries.

China wants to show that it still abides by international law, despite saying that it does not recognise the tribunal ruling
Shen Shishun, Southeast Asian studies expert

“We don’t understand the rationale of [former Philippine president] Benigno Aquino initiating the ruling,” Liu said. “But the leadership transition has offered a good chance for China and the Philippines to improve relations.”

Despite the softer rhetoric, Liu called on Manila to set the ruling aside for talks with China.

“China will not join such negotiations if they are based on the ruling,” he said.

Activists hold up signs that read,

Observers said the release of the white paper signalled an attempt by Beijing to cushion blows from other claimants that could use the ruling as a bargaining chip against Beijing.

“China wants to show that it still abides by international law, despite saying that it does not recognise the tribunal ruling,” said Shen Shishun, a Southeast Asian studies expert at the China Institute of International Studies.

“Joint exploration and joint management are possible options. But China is going to maintain its sovereignty.”

But Chito Sta Romana, president of the Philippine Association for Chinese Studies, said new Philippine President Rodrigo Duterte would remain cautious.

Duterte knows it’s not easy to convert the verdict into reality
Chito Sta Romana, Philippine Association for Chinese Studies

“Duterte knows it’s not easy to convert the verdict into reality. He is realistic and pragmatic,” he said.

The tribunal ruled on Tuesday that Beijing’s history-based territorial claims to much of the South China Sea lacked legal basis and were contrary to Unclos.

The United States and Japan called on Beijing and Manila to comply with the ruling, but the Association of Southeast Asian Nations was muted in its response, calling only for full implementation of the declaration of conduct.

European Council President Donald Tusk said he hoped the ruling would help generate momentum to resolve the disputes.

Cui Tiankai, China’s ambassador to Washington, said the ruling threatened to sharpen differences between China and the US.

Indonesian Defence Minister Ryamizard Ryacudu said Jakarta would bolster defences around Natuna Islands.

Some reports said Beijing’s decision to ignore the ruling followed the US practice in the 1980s when Nicaragua sued the US in the International Court of Justice but the US said the court had no jurisdiction.

Teresa Cheng, head of the Hong Kong International Arbitration Centre, said the US went back and negotiated with Nicaragua, finding another way of settling the dispute through aid payments.

“That emphasises that the US can still maintain their views on the jurisdiction being incorrectly found by the tribunal,” she said.

Additional reporting by Shi Jiangtao

This article appeared in the South China Morning Post print edition as: Beijing renews push for talks in wake of ruling
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