China advised not to snub arbitration

Opinio Juris

First Signs that China Is Taking the Philippines Arbitration Seriously?
Posted: 15 Feb 2013 10:35 PM PST
by Julian Ku

As far as I can tell, the Chinese government continues to pretend as if the Philippines’ Law of the Sea arbitration claim doesn’t exist. Articles like this one suggest the Philippines government continues to wait for some official or unofficial Chinese response. The February 22 deadline for China to appoint an arbitrator is fast approaching.

There are obviously bigger things going on in the world, and in East Asia (the North Korea nuclear tests come to mind). But it is worth noting that I ran across, for the first time, an article in the Chinese press discussing the arbitration with sophistication and a very good understanding of the Annex VII process. Published in the journal “瞭望新闻周刊“ or “Outlook Newsweekly”, the article describes the views of an unnamed expert advising the Chinese government not to take the Filipino arbitration claim lightly.

The expert offers a few considerations for the Chinese government. Among other things, the expert notes that the Philippines is using this arbitration to gain support and sympathy from its neighbors (Vietnam is supporting) and its allies (US Secretary of State Kerry and the EU Parliament head support it). The claim also hypes suspicions of China at the United Nations and elsewhere.

More interestingly, the expert further notes that if China does nothing, the arbitration will still continue with the Japanese ITLOS president appointing the rest of the members. (Maybe the expert was reading Opinio Juris!). In any event, the expert advises the Chinese government to appoint an arbitrator and work hard to convince to arbitration tribunal to dismiss for lack of jurisdiction. Moreover, China can at any time during the arbitration work out a settlement agreement with the Philippines. (There is more to the article, but this is the key advice).

So is this is a sign of where the Chinese government is going? It seems unlikely that the musings of an unnamed expert will be very important, but who knows? At the very least, it seems as if there is some thinking on this issue going on in China. The 30 day clock continues to tick. Only six days left!

0 thoughts on “China advised not to snub arbitration

  1. Why do we always attached the phrase “and its allies (US Secretary of State Kerry and the EU Parliament head support it)”?

    Can’t we do it on our own?

    China is not the enemy. It’s the Cabal behind the US, Inc. to which The Philippines is just a subsidiary company.

    That’s right, every institution is actually a Corporation. That’s why for the first few months, the newly elected president must pay homage to his masters in Washington.

    The reason why China is doing what it is doing is to protect Asia from outsiders who have been looting this country and theirs while we were watching telenovelas and mainstream BS.

    We must unite against the real enemy.

  2. You are a good man Atty Roque. But we need to look beyond the facade.

    BAR = British Accreditation Registry
    UCC= Uniform Commercial Code / Admiralty Law

    There is an ongoing global movement for the return to Common Law / Natural Law. I hope you’ll come on board, if you haven’t yet.

    Pardon my intrusion. But we need to help each other out.

    Thanks for the opportunity.