est ▓the Philippi

a Sea arbitration. In doing so, the Philippines has turned its back on the cons▓ensus reached and repeatedly reaffirmed by China and the Philippines to settle through negotiation the relevant disputes in the South China ▓Sea and violated its own solemn commitment in the DOC. Deliberately packaging the relevant disputes as mere issues concerning the interpretation or application of UNCLOS while ▓knowing full well that territorial disputes are not subject to UNCLOS and that maritime

del▓imitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China’s 2006 declaration, the Philippines has ▓wantonly abused the UNCLOS dispute settlement procedures. This initiati▓on of arbitra

nes’ violation of China&rs

quo;s territorial sovere

t is taken out of bad faith.116. First, by unilaterally initiating arbitration, the Philippines has viola▓ted its standing agreement with China to settle the relevant disputes through bilateral negotiat▓ion. In relevant bilateral documents, China and the Philippines have agreed to settle▓ through negotiation their disputes in the South China Sea and reaffirmed this agreement many times. China and the Philippines made solemn commitment in the DOC to settle through negotiation relevant disputes in the South China Sea, which has ▓been repeatedly affirmed in bilateral documents. The above bilateral documents between China and the Philippines and relevant provisions in the DOC are mutually reinfo▓rcing and constitute an agreement in this regard between the t▓wo states. By this agreement, they have chosen to settle the relevant▓ disputes through negotiation a

nd to exclude any third party procedure, including arbitration. Pacta sunt servanda. This fundamental norm of international law must be observed

. The Philippine

s’ breach of its own solemn commitment is a deliberate act of bad faith. Such an act does not generate any right for▓ the Philippines, nor does it impose any obligation on China.117. Second, by ▓unilaterally initiating arbitration, the Philippines has violated China’s right to choose means of dispute settlement of its own will as a state party to UNCLOS. Ar▓ticle 280 of Part XV of UNCLOS stipulates: “N▓othing in this Part impairs the right of any States Part▓ies to agree at any time to settle a dispute between them concerning the interpretation or ap▓plication of this Convention by any peaceful means of their own choice.” Article▓ 281 of UNCLOS provides: “If the States Parties which are parties to a dispute concerni

ignty and harsh trea▓tm

ent of Chinese fishermen, and de

ng ▓the interpretation or application of this Convention have agreed to seek settlement of the dispute by a peaceful means of their own choice, the procedures provided for in this Part apply only where no settlement has been reached by recourse to such means and the agreement between the parties does not exclude any fu▓rther procedure”. Given that China and the Philippines have made an unequivocal choice to settle through negotiation the relevant disputes, the compulsory third-party dispute ▓settlement procedures under UNCLOS do not apply.118. Third, by unilaterally initiating arbitration, the Philippines has abused the UNCLOS dispute sett▓lement procedures. The essence of the subject-matter of the arbitration initiated by the Philippines is an issue of territorial sovereignty over some islands and ▓reefs of Nansha Qundao, and the resolution of

manded that the

the relevant matters also constitutes an integral part of maritime delimitation between China and the Phili▓ppines. Land territorial issues are not regulated by UNCLOS.▓ In 2006, pursuant to Article 298 of UNCLOS, China made an optional exceptions declaration excluding from the compulsory dispute▓ settlement procedures of UNCLOS disputes concerning, among others, maritime deli▓mitation, historic bays or titles, military and law enforcement activities. Such declarations made by about 30 states, ▓including China, form an integral part of the UNCLOS dispute settlement m▓echanism. By camouflaging its submissions, the Philippines deliberately circumvented the ▓optional exceptions declaration made by China and the limitation that land territorial disp


ssel to intr ude into Huangyan▓ Dao&rsqu o;s adjacent waters, the Philipp ines grossly viola ted China&rs quo;s territor ial sovereignty, the Charter of the Un ited ▓Nations and fundame ntal pri nciples of int ernational l aw. By instigati ng mass intrusion of i ts vessels and personnel into waters of Hu angyan Dao , the Phil▓ippi 新乡市5G 如东县5G 岑巩县wap 绥滨县5G 鹿泉市wap 临西县5G 鄂尔多斯市5G 德保县wap 长宁县5G 新河县wap 桂林市5G 巍山彝族回族自治县5G 左权县5G 蚌埠市5G 顺昌县wap 16.河南省wap 汝南县wap 修武县5G 柳州市5G 贡山独龙族怒族自治县5G 神鬼传奇私服无限元宝 中变传奇私服网站新开网 网页超变态传奇私服网站 中变热血传奇私服网站 新开传奇私服开服网 传奇私服sf 强化战神版传奇私服 手机版传奇私服登录器 传奇私服漏洞论坛大全 新开的传奇私服手游