No UN body jurisdiction over sea dispute, says China anu raw , abay loko loko etong mga INSTik ah! ---robbie China again lashed out at the Philippines yesterday, saying that it took a misguided move in bringing the territorial dispute over the South China Sea to the Arbitral Tribunal of the United Nations which the official state newspaper China Daily claimed to have “no jurisdiction to deal with the case.” The Chinese statement was on the heels of the apparent snub of President Aquino when he was advised by the Chinese government not to proceed to the China-Asean fair and business conference in the southern Chinese city of Nanning. Aquino had indicated to media that he plans a 12-hour to the trade fair in an effort to thaw cool relations between China and the Philippines. China Daily in an opinion piece said the “Arbitral Tribunal of the United Nations constituted under Annex VII of the 1982 UN Convention on the Law of the Sea, presided by Thomas Mensah, international maritime and environmental law advisor, is on its way to deal with the case brought about by the Philippines government against China. As a general principle, if one of the parties to the dispute does not appear before the tribunal - before making its award - the tribunal must first satisfy itself that it has jurisdiction over the dispute.” When China has refused to accept the jurisdiction of the tribunal according to relevant provisions of UNCLOS, how will it decide its jurisdiction over this case?, the official Chinese government mouthpiece said. China made a declaration under Article 298 on Aug 25, 2006, which says the Chinese government “does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention”, it added. The newspaper said therefore, none of the categories of disputes referred to in the said paragraphs of Article 298 of the Convention, including those concerning maritime delimitation, can be decided by any international tribunal without the consent of the parties concerned. The reason for these exceptions is not difficult to understand, it added. China Daily added the compulsory procedures in the UNCLOS regime are applicable only to “any dispute concerning the interpretation or application of this Convention” (Article 286). In cases in which there is no meaning to interpret and no rule to apply, such as articles 15, 74 and 83 of UNCLOS, there is no possibility of any international tribunal to adequately exercise its judicial function, it added. tribune.net.ph/index.php/headlines/item/18975-no-un-body-jurisdiction-over-sea-dispute-says-china
Posted on: Sun, 08 Sep 2013 16:14:54 +0000
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