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Rabu, 10 Agustus 2016

China's Claim over South China Sea Rejected - Indonesia Pushes for Peaceful Resolution



The Permanent Court of Arbitration (PCA) in The Hague, the Netherlands, rejected China's claim in the territorial dispute in the South China Sea on Tuesday (12/7). Indonesia is encouraging all relevant parties to respect the ruling and prioritize peace in the region.

The Foreign Ministry in its statement encouraged all parties to maintain stability, restrain themselves and respect international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS).

In its ruling, the PCA stated that China's historical claim over the South China Sea, signified by its nine-dash line claim, had no legal foundation. The court ruled that China's historical claim over the maritime region was nullified due to inconsistencies with UN-regulated exclusive economic zones (EEZ).

The ruling was in response to an objection submitted by the government of the Philippines in 2013. The Philippines objected to China's claim and activities in the South China Sea. The Philippines accused China of entering its maritime region and conducting a number of activities, especially fishing and reclaiming coral reefs to develop manmade islands.

The court ruled that China had violated the Philippines' sovereign rights and reaffirmed that China had caused environmental damage by developing manmade islands, the development of which did not entail any rights whatsoever for the Chinese government.  The ruling is based on UNCLOS, which has been signed by both the Chinese and Filipino governments. The ruling is binding, however, the arbitration court has no power to enforce it.

In its complaint, the Philippines argued that China's claim over the South China Sea as signified by the nine-dash line conflicted with the Philippines' sovereign region and international maritime law. In total, the Philippines submitted 15 objections to the Permanent Court of Arbitration.

Joyful
People in the Philippines greeted the ruling with joy. A number of parades were held across Manila, where people cheered, erected banners and the national flag. One of the posters stated "The Philippines' sovereignty is non-negotiable".

The Filipino government also responded positively to the ruling. The Philippines' foreign minister, Perfecto Rivas Yasay Jr, said that the international court had made a historic ruling with significant contributions to resolving maritime conflict in the region.

"The Philippines reaffirms its stance and commitment to seek a peaceful resolution with a view of promoting and improving peace and stability in the region," Rivas said in Manila.

In contrast to the Philippines, China's president, Xi Jinping, in Beijing said that China would not accept any position or act based on the arbitration court's ruling made on the Philippines's claim. However, China would continue to maintain peace and stability in the South China Sea.

In its statement, China's foreign ministry said that the court's ruling was null and void and had no binding force. China neither accepted nor recognized it.

"China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by this ruling. China opposes and will never accept any claim or action based on this ruling," the statement reads.

The South China Sea is a major international trade route with a total annual trade value of Rp5 trillion (US$382.5 million). Regarding the ruling, Indonesia - which is not an involved party in the South China Sea dispute - requested all parties uphold peace, friendship and cooperation. The Indonesian Foreign Ministry has issued a statement that Indonesia encourages the development of a peaceful, free and neutral zone in South East Asia and for all disputant countries to continue peaceful talks in line with international law.

The ruling received a positive response from many countries. Japan's foreign minister, Fumio Kishida, said that Japan had consistently promoted the importance of law enforcement and the use of peaceful and non-violent ways to resolve maritime disputes. Due to the final and binding ruling, the Japanese government encouraged both the Chinese and Filipino governments to abide by it.

"Japan truly hopes that all relevant parties will abide by the ruling and this will lead to a peaceful resolution to the disputes in the South China Sea," Kishida said.

Vietnam, which along with the Philippines, Malaysia and Brunei, is involved in a maritime dispute with China in the South China Sea, responded positively to the ruling. The Vietnamese foreign ministry's spokesperson, Le Hai Binh, said that Vietnam supported a peaceful resolution for the South China Sea dispute.

However, in line with Beijing, the Taiwanese government also rejected the ruling as it was deemed to potentially affect the country's territorial rights.

House of Representatives' Commission I member Meutya Hafid said that the court ruling clarified all the disputes in the South China Sea, including the nine-dash line claim, that had been questioned by Indonesia. She claimed that the ruling could be referred to in future negotiations. "We don't need to be doubtful or be afraid to defend our marine territory from any foreign country," she said.

Regarding illegal fishing in the Riau Islands' Natuna waters, China claimed that part of the area was the country's traditional fishing ground. It used the nine-dash line claim as a basis for this argument.

University of Indonesia professor of international law Hikmahanto Juwana also positively responded to the court ruling saying it was seen to be in line with the Indonesian government's position of not recognizing China's claim on its traditional fishing grounds.

According to Hikmahanto, Indonesia could be more confident about upholding the law against fishing boats bearing Chinese flags operating in Indonesia's EEZ.

source Kompas, Wednesday, July 13, 2016

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