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South China Sea: Tribunal backs case against China brought by Philippines South China Sea: Tribunal backs case against China brought by Philippines
(about 1 hour later)
An international tribunal has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippines.An international tribunal has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippines.
The Permanent Court of Arbitration said there was no evidence that China had historically exercised exclusive control over the waters or resources.The Permanent Court of Arbitration said there was no evidence that China had historically exercised exclusive control over the waters or resources.
China called the ruling "ill-founded" and says it will not be bound by it.China called the ruling "ill-founded" and says it will not be bound by it.
China claims almost all of the South China Sea, including reefs and islands also claimed by others.China claims almost all of the South China Sea, including reefs and islands also claimed by others.
The tribunal in The Hague said China had violated the Philippines' sovereign rights. It also said China had caused "severe harm to the coral reef environment" by building artificial islands.The tribunal in The Hague said China had violated the Philippines' sovereign rights. It also said China had caused "severe harm to the coral reef environment" by building artificial islands.
The ruling came from an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), which both countries have signed.The ruling came from an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), which both countries have signed.
The ruling is binding but the Permanent Court of Arbitration has no powers of enforcement.The ruling is binding but the Permanent Court of Arbitration has no powers of enforcement.
The US sent an aircraft carrier and fighter jets to the region ahead of the ruling. Meanwhile, the Chinese Navy has been carrying out exercises near the disputed Paracel islands. The Philippines has had diplomatic spats with China over the Scarborough Shoal and Spratlys in particular.
It says China's "nine-dash line", which China uses to demarcate its territorial claims, is unlawful under the UNCLOS convention.
Philippe Sands, a lawyer for the Philippines in the case, said it was a "clear and unanimous judgement that upholds the rule of law and the rights claimed by the Philippines".Philippe Sands, a lawyer for the Philippines in the case, said it was a "clear and unanimous judgement that upholds the rule of law and the rights claimed by the Philippines".
He called it a "definitive ruling on which all states can place reliance".
However, the Chinese state news agency Xinhua said that "as the panel has no jurisdiction, its decision is naturally null and void".However, the Chinese state news agency Xinhua said that "as the panel has no jurisdiction, its decision is naturally null and void".
The tribunal was ruling on seven of 15 points brought by the Philippines. Among the key findings were:The tribunal was ruling on seven of 15 points brought by the Philippines. Among the key findings were:
The BBC's Robin Brant, in Shanghai, says this is the worst outcome for China and its action in the seas hundreds of miles away will be the crucial next step. Reaction
In a statement, the Chinese foreign ministry said China was the first to have discovered and exploited the South China Sea islands and relevant waters, "thus establishing territorial sovereignty and relevant rights and interests". As expected, China is standing firm and re-asserting its claim to the area.
Muted reaction in the Philippines - Jonah Fisher, BBC News, Manila "China's territorial sovereignty and marine rights in the South China Sea will not be affected by the so-called Philippines South China Sea ruling in any way," said Chinese President Xi Jinping.
The press room was packed but the statement from Philippine Foreign Secretary Perfecto Yasay lasted just two minutes. He said China was "determined to maintain peace and stability" and was committed to resolving disputes "through negotiations based on respects to historical facts and according to international laws".
In four short paragraphs, he explained that experts were now analysing the ruling and called on all concerned to exercise "constraint and sobriety" at what he described as a "milestone decision". The Philippine government says it is now studying the ruling. However, the BBC's Jonah Fisher, in Manila, says the lack of celebrations may be a result of the recent change of government.
There were no celebrations, hardly even a smile. And there's a reason for that. Our correspondent says many Filipinos believe newly elected President Rodrigo Duterte may have sought promises of Chinese investment, in return for a quiet, dignified response.
This is not the same government that first brought this case to the Permanent Court of Arbitration three and a half years ago, in the aftermath of a standoff at Scarborough Shoal. The US called the decision an "important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea", and urged all parties to consider it "final and legally binding".
Two weeks ago, Rodrigo Duterte was sworn in as Philippine president. All the indications are that he is more willing to seek accommodation with the Chinese than his predecessor, Benigno Aquino. Taiwan, which also claims the disputed area, said the ruling had "seriously damaged" its rights.
Here in Manila, many believe that the new president may have sought promises of Chinese investment, in return for a quiet, dignified response. "We hereby solemnly state that we will definitely not accept this ruling," the foreign ministry said.
The US sent an aircraft carrier and fighter jets to the region ahead of the decision, while the Chinese navy has been carrying out exercises near the disputed Paracel islands.
Conciliatory tone - Stephen McDonell, BBC News, Beijing
This result represents a major loss of face for China, and yet the first response from Beijing to the UN tribunal's demolition of its claims seems be rather conciliatory.
On the one hand, the Chinese government has re-stated that it has territorial sovereignty and maritime rights in the area and that the activities of its people there date back to over 2,000 years ago.
However, it then goes on to talk about "consultation with the states directly concerned" and proposes "joint development in relevant maritime areas".
Airlines and shipping companies will be pleased to hear that China has also restated that it respects "freedom of navigation and over flight enjoyed by all states under international law in the South China Sea" and that it stands ready to ensure "unimpeded access to international shipping lanes".
All this seems to point towards Beijing possibly seeking some sort of negotiated settlement rather than ramping up the pressure on the Philippines following Manila's comprehensive victory in The Hague.