CHINA TOPIX

05/04/2024 01:13:05 pm

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US, EU Warn China to Obey International Law and not Underestimate World Opinion

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(Photo : Reuters)

The United States and the European Union (EU) on Thursday challenged Beijing's position that the Permanent Court of Arbitration (PCA) has no jurisdiction over a case filed by the Philippines against China's claims in the South China Sea.

The challenge follows reports that the Philippines expects the international tribunal to issue a ruling on the case by May.

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Speaking before participants at a seminar at the Center for Strategic and International Studies (CSIS) in Washington, the Pentagon's deputy assistant secretary Amy Searight said the US and its allies like the EU, Australia, Japan and South Korea must be ready to make Beijing accountable should it choose to flout international law.

"We need to be very loud and vocal, in harmony together, standing behind the Philippines and the rest of the ASEAN claimants to say that this is international law," Searight said. "This is incredibly important, and it is binding on all parties."

The Philippine government's case calls into question the legal basis of China's claims over the South China Sea. 

"Creative Ways"

Manila brought its case to the Hague-based tribunal in 2013, shortly after the Philippine coast guard was involved in a standoff with Chinese maritime law enforcement vessels over Scarborough Shoal, in the South China Sea.

China took control of the ridge, eventually enforcing restrictions on Filipino fishing rights and other maritime activities in surrounding waters.

Seabright said many nations in the Asia-Pacific have expressed concern over China's behavior in the territory.  She said this behavior is an indication of how Beijing intends to wield its growing power in the region.

"Certainly, reputational cost is at stake, but we can think of other creative ways to perhaps impose costs, as well," Searight said.

In the same panel was Klaus Botzet, head the political and security section of the EU delegation to the US, who said: "Giving the rule of law supremacy over all areas is to the benefit of all -- and this is what we are sharing with ASEAN."

"Absolutely Ingrained"

The Chinese government has said the PCA has no jurisdiction over its dispute with the Philippines as it involves issues on sovereignty and the delimitation of a maritime boundary between two countries.  Beijing has also accused the US of taking sides in the case.

The tribunal has responded to China's position by pointing out that the case filed by Manila is premised on arguments concerning the interpretation of the UN Convention on the Law of the Sea (UNCLOS), of which both China and the Philippines are signatories.  Beijing has rejected this argument, and made clear it will not recognize the PCA's ruling.

"How do we deal with a China that believes the rules for everybody do not apply to it?" Botzet continued. "Do not underestimate the force of joint world opinion about what's going on."

Using remarkably candid language, the EU delegate went on to criticize Beijing's increasingly intimidating military posture in the South China Sea.

"It's investing much more in its military relative to its economic growth," Botzet argued. "It's forcing neighbors into alliances against itself -- positions its neighbors otherwise wouldn't take, and the return on investment in this policy is negative."

Noting that the US has exceptional military capabilities in the Asia-Pacific region, Botzet said the EU strongly supports "the American guarantee of international law in Asia," according to Reuters.

In Singapore earlier this week, a British official said the UK -- which set to decide its future in the EU through referendum -- has been following the Philippine arbitration case "with great interest." 

"We are a maritime nation that has been dependent on open access to the oceans for trading going back several centuries," UK Defense Procurement Minister Philip Dunne told Bloomberg News.  "So it's absolutely ingrained in our being that we believe in freedom of navigation and believe that nations need to respect the rules of maritime law -- and generally international laws -- when they go about their business."

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