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‘Arbitration invalid’: Beijing raises rhetoric ahead of South China Sea ruling

The Permanent Court of Arbitration (PCA) in The Hague was set to release its final decision on the South China Sea case, which was brought by the Philippines challenging China’s position.

world Updated: Jul 12, 2016 14:18 IST
South China Sea case
Protesters display placards during a rally outside of the Chinese Consulate in Makati city east of Manila, Philippines, hours before the Hague-based UN international arbitration tribunal is to announce its ruling on South China Sea on Tuesday.(AP)

Ahead of an international tribunal’s ruling on the South China Sea, where China has expansive territorial claims, Beijing launched a deluge of denunciations on Tuesday with all eyes watching for the Asian giant’s reaction on the ground or in the water.

The Permanent Court of Arbitration (PCA) in The Hague was set to release its final decision on the case, which was brought by the Philippines challenging China’s position.

In a months-long campaign Beijing has sought to discredit the UN-backed panel, which it says has no jurisdiction in the multi-national dispute.

The China Daily newspaper, which is published by the government, topped its front page Tuesday with a picture of Woody Island in the Paracels, emblazoned: “Arbitration invalid”.

English-language headlines on the official Xinhua news agency included: “South China Sea arbitration abuses international law: Chinese scholar”, “Permanent Court of Arbitration must avoid being used for political purposes” and “The sea where Chinese fishermen live and die”.

China asserts sovereignty over almost all of the strategically vital waters in the face of rival claims from its Southeast Asian neighbours.

Its claims were first enshrined in a map drawn in the 1940s with a dashed line stretching south from China and encircling almost all of the sea, although it says Chinese fishermen have been using it for centuries.

To bolster its position it has rapidly turned reefs into artificial islands capable of hosting military planes.

It has held naval drills between the Paracels and the southern Chinese island of Hainan in recent days.

US naval destroyers have been patrolling near the Chinese-claimed Scarborough Shoal and Spratly Islands, supported by aircraft carrier USS Ronald Reagan, the US-based Navy Times reported.

Chinese state media have said Beijing will not take a “single step back” after the ruling, and President Xi Jinping said earlier this month that China would never compromise on sovereignty, adding: “We are not afraid of trouble.”

China has sought diplomatic support around the world, and foreign ministry spokesperson Lu Kang said that its latest backers included Angola, Madagascar and Papua New Guinea, showing that “justice and righteousness always have popular support”.

“Who is upholding the sanctity of international law and who is breaking international law, I think people are all clear about that,” he said.


Manila lodged its suit against Beijing in 2013, saying China was in violation of the UN Convention on the Law of the Sea (UNCLOS), to which both countries are signatories.

Beijing has boycotted the proceedings, saying the court has no jurisdiction over the issue, and that it will ignore the ruling.

The UN-backed PCA will not rule directly on sovereignty over the disputed rocks and reefs, and it has not said whether it will address China’s nine-dash line.

But one of the key issues is whether the land features in the area are islands capable of supporting human habitation -- which under UNCLOS are entitled to territorial waters and an exclusive economic zone -- or rocks, which only have territorial waters, or low-tide elevations, which get neither.

If none of the outcrops are islands, then none of the claimants to them would gain sole rights to major expanses of the waters around them.

“The ruling can reduce the scope of the South China Sea disputes, but will not solve them,” said analysts Yanmei Xie and Tim Johnston of the International Crisis Group in a report.

The ruling was likely to “escalate the war of words”, they said, but added: “Escalation to military standoffs is not inevitable.”

China could choose to withdraw from UNCLOS, or begin building on Scarborough Shoal, which Washington would view as a provocation.

Beijing could also declare an air defence identification zone over the South China Sea, claiming the right to interrogate aircraft passing through the airspace, or try to remove a ship grounded by the Philippines on Second Thomas Shoal for use as a base.

Alternatively, it could move to reduce tensions.

New President Rodrigo Duterte has signalled he does not want to antagonise China, saying he would not “taunt or flaunt” a favourable ruling and would seek a “soft landing” with China.

Foreign Minister Perfecto Yasay told AFP on Friday that Manila hoped to open direct talks with Beijing on the dispute, and presidential spokesman Ernesto Abella said Tuesday: “The top priority will be national interest.”

The Philippine embassy in China has warned its citizens to beware of personal “threats” and avoid political debates.

Nationalist demonstrations are not rare in China, sometimes apparently with the tacit backing of authorities.

More than 20 Chinese police were positioned outside the Philippine embassy on Tuesday, with more in vans nearby -- a significantly larger presence than usual -- along with two lorries loaded with crowd control barriers, a possible indication that authorities expected protests at the building.