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The Hague to hear competing claims in South China Sea dispute UN tribunal at The Hague to rule on rival claims to South China Sea islands
(about 1 hour later)
Rival claims to strategic reefs and atolls in the disputed waters of the South China Sea will go before an international tribunal in The Hague on Tuesday. Rival claims to strategic reefs and atolls in the disputed waters of the South China Sea are to go before an international tribunal in The Hague.
The hearing – prompted by a claim by the Philippines – comes as China steps up its divisive building programme of airstrips and defences in the Spratly islands. As well as the Philippines, Taiwan, Malaysia, Vietnam and Brunei all dispute ownership of the area. The hearing on Tuesday – prompted by the Philippines’ claim – comes as China steps up its divisive programme of building airstrips and defences in the Spratly Islands. As well as the Philippines, Taiwan, Malaysia, Vietnam and Brunei all dispute sovereignty over the mid-ocean outcrops.
Last month, the US raised the stakes by sailing a warship through a 12-nautical mile zone around two artificial islands in the archipelago. China responded by accusing the US of “provocative actions”.Last month, the US raised the stakes by sailing a warship through a 12-nautical mile zone around two artificial islands in the archipelago. China responded by accusing the US of “provocative actions”.
Beijing refuses to recognise the authority of the permanent court of arbitration (PCA) in The Hague, the UN-appointed tribunal that adjudicates in international disputes over maritime territory, in this issue. China has stated “it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines.” Beijing refuses to recognise the authority of the permanent court of arbitration (PCA) in The Hague, the UN-appointed tribunal that adjudicates in international disputes over maritime territory, in this issue. China has stated: “It will neither accept nor participate in the arbitration unilaterally initiated by the Philippines.”
In October, however, the PCA ruled that: “Both the Philippines and China are parties to the convention [on the law of the sea] and bound by its provisions on the settlement of disputes.”In October, however, the PCA ruled that: “Both the Philippines and China are parties to the convention [on the law of the sea] and bound by its provisions on the settlement of disputes.”
Related: The Guardian view on the South China Sea: cool heads must prevail | EditorialRelated: The Guardian view on the South China Sea: cool heads must prevail | Editorial
It also found that China’s refusal to participate did not deprive the court of jurisdiction and that the Philippines’ decision to commence arbitration unilaterally was not an abuse of the convention’s dispute settlement procedures.It also found that China’s refusal to participate did not deprive the court of jurisdiction and that the Philippines’ decision to commence arbitration unilaterally was not an abuse of the convention’s dispute settlement procedures.
The hearing in The Hague is scheduled to last a week. Although the PCA process has been closed to the public, delegations from Malaysia, Indonesia, Vietnam, Thailand and Japan have been permitted to attend. The hearing in The Hague is scheduled to last a week. Although the PCA process has been closed to the public, delegations from Malaysia, Indonesia, Vietnam, Thailand and Japan (which has renounced its former claim) have been permitted to attend.
China claims about 90% of the South China Sea, including the cluster of islands, reefs and atolls known as the Spratlys. China claims about 90% of the South China Sea, including the archipelago of islands, reefs and atolls known as the Spratlys.
In May, US officials claimed the Chinese had built up an extra 2,000 acres to their occupied outposts across the South China Sea over the previous 18 months. In May, US officials claimed the Chinese had built up an extra 800 hectares (2,000 acres) to their occupied outposts across the South China Sea over the previous 18 months.
The main focus of activity has been on Mischief Reef, where satellite images reveal the island is growing bigger, and is surrounded by fleets of dredgers and tankers.The main focus of activity has been on Mischief Reef, where satellite images reveal the island is growing bigger, and is surrounded by fleets of dredgers and tankers.
The US has grown increasingly alarmed at China’s maritime muscle flexing, combined with the lack of cohesion among US allies in the region, and has begun to challenge Beijing’s claims more directly on water and in the air. The US has grown increasingly alarmed at China’s maritime muscle-flexing, combined with the lack of cohesion among US allies in the region, and has begun to challenge Beijing’s claims more directly on water and in the air.
Islands deemed suitable for human habitation, under the rules of the U N convention on the law of the sea (UNCLOS), can generate legitimate territorial claims to the surrounding waters and seabed – opening up access to potential mineral or energy resources as well as providing strategic, military stations. Islands deemed suitable for human habitation, under the rules of the U N convention on the law of the sea (UNCLOS), can generate legitimate territorial claims to the surrounding waters and seabed – opening up access to potential mineral or energy resources as well as providing strategic military bases.
Among submissions made by the Philippines is one that argues: “Mischief Reef, Second Thomas Shoal and Subi Reef are low-tide elevations that do not generate entitlement to a territorial sea, exclusive economic zone or continental shelf, and are not features that are capable of appropriation by occupation or otherwise.”Among submissions made by the Philippines is one that argues: “Mischief Reef, Second Thomas Shoal and Subi Reef are low-tide elevations that do not generate entitlement to a territorial sea, exclusive economic zone or continental shelf, and are not features that are capable of appropriation by occupation or otherwise.”
The Manila government also asserts that: “China’s claims to sovereign rights and jurisdiction, and to ‘historic rights’, with respect to the maritime areas of the South China Sea encompassed by the so-called ‘nine-dash line’ are contrary to the convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under UNCLOS.” Manila also asserts that: “China’s claims to sovereign rights and jurisdiction, and to ‘historic rights’, with respect to the maritime areas of the South China Sea encompassed by the so-called ‘nine-dash line’ are contrary to the convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under UNCLOS.”
Beijing is also accused of unlawfully preventing “Philippine fishermen from pursuing their livelihoods by interfering with traditional fishing activities at Scarborough Shoal” and “endangering the health and well-being of Philippine personnel at Second Thomas Shoal.”Beijing is also accused of unlawfully preventing “Philippine fishermen from pursuing their livelihoods by interfering with traditional fishing activities at Scarborough Shoal” and “endangering the health and well-being of Philippine personnel at Second Thomas Shoal.”