Dialogue Must Prevail

IN political terms， the South China Sea has been an expanse of turbulent waters since the Philippines took its maritime dispute with China， over the territorial sovereignty or maritime delimitation of the area， to the Permanent Court of Arbitration（PCA） in The Hague in 2013.

Since that time， this issue has evolved into an example of how not to resolve international disputes. When Manila approached the PCA， allegedly based on the United Nations Convention on the Law of the Sea （UNCLOS）， it seemed unaware that territorial issues of this nature are beyond the purview of the convention. As for the maritime delimitation， in pursuant to Article 298 of the convention， China made an exclusion declaration in 2006， thereby lawfully excluding itself from any compulsory dispute settlement procedure by a third party. Apart from China， over 30 other countries， including the UK and France， have made the same exclusion declaration. Based on this， the arbitration result of the dispute is illegal.

There are many ways of solving border disputes， with negotiation definitely being the best option. While Manila unilaterally shut the door on negotiations with China over the dispute by approaching the PCA， China has consistently maintained that a negotiated solution to the issue， based on historical facts and in accordance with international law， is the right way to proceed.

China has insisted on peaceful negotiations in resolving border disputes and has successfully resolved demarcation with 12 of its 14 land neighbors， accounting for some 90 percent of the total land boundaries， in this manner. China and Viet Nam have also delimited their maritime boundary in the Beibu Gulf peacefully.

More importantly， China signed the Declaration on the Conduct of Parties in the South China Sea with the Association of Southeast Asian Nations （ASEAN） in 2002， and has reached consensus with ASEAN countries， which include the Philippines， that the parties concerned should undertake to resolve their disputes by consultation and negotiation. Under these circumstances， it is not right for the Philippines to abandon the consensus and unilaterally turn to the PCA.

Based on this principle， Chinas attitude is clear and resolute： China does not participate in or accept the so-called arbitration， regardless of its result.

Chinas attitude has won support from many countries worldwide， including many from Africa， such as Kenya， Tanzania， Malawi and the Gambia.

Sierra Leones Foreign Minister Samura Kamara affirmed that Sierra Leone is behind China in looking forward to a “mutually respectful solution among the parties that are involved in the South China Sea.” He noted that Chinas declaration of optional exception made by each country under Article 298 of the UNCLOS should be respected.

AU Commission Deputy Chairperson Erastus Mwencha has also appealed to the sovereign countries directly involved in this dispute to “give consultations and negotiations a chance， in accordance with international law， to maintain peace and stability in the South China Sea.”

Chinas international support and its steadfastness in following the peaceful route of negotiations to resolve disputes should be a clear signal to the Philippines to cease its provocation， return to the negotiation table and bring calm back to the South China Sea.