BEIJING has suffered a legal setback in its South China Seas territorial claims after an arbitration court in the Netherlands ruled that it has jurisdiction to hear Philippines over the disputed Spratly Islands.
Hague court ruling drives 'stake through heart' of China's Spratlys claimBEIJING has suffered a legal setback in its South China Seas territorial claims after an arbitration court in the Netherlands ruled that it has jurisdiction to hear Philippines over the disputed Spratly Islands.
The Washington-based Centre for Strategic and International Studies South China Seas analyst Bonnie Glaser called the outcome "a major blow for China given that the opinion rejects China's arguments that the Philippines has not done enough to negotiate the issues with China".
The Hague-based Permanent Court of Arbitration rejected Beijing's claim that the disputes were about territorial sovereignty and said additional hearings would be held to decide the merits of the Philippines' arguments.
Manila filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical mile exclusive economic zone (EEZ) as allowed under the United Nations Convention on the Law of the Sea (UNCLOS), Reuters reports.
China rejects the court's authority, claiming sovereignty over almost the entire South China Sea and dismissing complaints from Vietnam, the Philippines, Taiwan, Malaysia and Brunei.
The tribunal said it had authority to hear seven of Manila's submissions under UNCLOS and China's boycott of the proceedings did "not deprive the tribunal of jurisdiction", reported Jane's IHS media. China had no comment.
Philippine Solicitor General Florin Hilbay said the ruling represented a "significant step forward in the Philippines' quest for a peaceful, impartial resolution of the disputes between the parties under UNCLOS."
The US welcomed the decision. "It shows that judging issues like this on the basis of international law and international practice are a viable way of managing territorial conflicts if not resolving them," a US Defence official said.
Another US official said the tribunal's decision undercut China's claims under the so-called nine-dashed line that takes in about 90 per cent of the 3.5 million square kilometres (1.35 million square miles) South China Sea on Chinese maps. This vague boundary was officially published on a map by China's Nationalist government in 1947 and has been included in subsequent maps under Communist rule.