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No Response from China on PCA's Hearing to Philippines on Admissibility
Since the PCA published its 6th Press Release after 2 rounds of hearing on the admissibility issue of the Philippines vs. China arbitration case over the South China Sea, there has been no reported formal response from the Chinese side. The mandate reply date in Auguest set by PCA has passed.
More likely the case is going in the direction of an unilateral argument by the Philippines just as it was an unilateral initiation without the consent of the Chinese side. The possibility of any enforceable result is merely foreseeable.
The Possible Outcome on PCA Arbitral Tribunal's Hearing on Jurisdiction and Admissibility
Introduction
On Tuesday, 7 July 2015, the Arbitral Tribunal commenced the hearing on jurisdiction and admissibility in the arbitration submitted by the Republic of the Philippines against the People’s Republic of China under Annex VII to the United NationsConvention on the Law of the Sea.
The hearing will end on or before 13 July 2015 [1].
Background
The Philippines v. China arbitration commenced on 22 January 2013 when the Philippines served China with a Notification and Statement of Claim “with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea.” On 19 February 2013, China presented the Philippines with a diplomatic note in which it described “the Position of China on the South China Sea issues,” and rejected and returned the Philippines’ Notification. China has since continued to reiterate its position of non-acceptance of and non-participation in the arbitration. Nonetheless, the Arbitral Tribunal has noted that it remains open to China to participate in the proceedings at any time [1].
Read more: The Possible Outcome on PCA Arbitral Tribunal's Hearing on Jurisdiction and Admissibility
1958 Diplomatic Note from Vietnamese Premier Pham Van Dong to Chinese Premier Zhou Enlai
On Sept 4, 1958, the Declaration of the Government of the People's Republic of China said that the breadth of the territorial sea of the country shall be 12 nautical miles and that this provision should apply to all territories of the PRC, including all the islands in the South China Sea. On Sept 14, 1958, Pham Van Dong solemnly stated in his note to Zhou Enlai that Vietnam recognizes and supports the Declaration of the Government of the PRC on the country's territorial sea. On Sept 22, 1958, the diplomatic note was publicly published in Nhan Dan, the official newspaper of the Vietnamese Communist Party.
The diplomatic note reads:
"the Vietnamese government approves of of the declaration ... and will give all state organs concerted directives aimed at ensuring strict respect of Chinese territorial water fixed at 12 nautical miles in all relations with China at Sea."
Source: http://www.chinadaily.com.cn/opinion/2014-06/14/content_17587145_2.htm
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