Interview: Philippines' unilateral attempt at arbitration over SCS to undermine regional stability: Cambodian scholar

Scholars in Cambodia have said that the Philippines'unilateral attempt at arbitration over the South China Sea aims to spoil the global image of China and that the tribunal's ruling will escalate tensions over the dispute.

Manila unilaterally initiated an arbitration case against China over maritime disputes in the South China Sea at the Permanent Court of Arbitration in The Hague in early 2013 under the UN Convention on the Law of the Sea (UNCLOS). The decision will probably be announced in May or June.

"The Philippines aims to harm the global image of China,"Chheang Vannarith, chairman of the Cambodian Institute for Strategic Studies, told Xinhua. "The court ruling will stir a new wave of tension in the South China Sea."

Joseph Matthews, director of the ASEAN Education Center, said the Philippines'unilateral attempt at arbitration over the South China Sea dispute is fundamentally flawed as the arbitration tribunal has no jurisdiction over the dispute.

"The Philippines'unilateral attempt is against the fundamental principles of arbitration procedure and is considered as an attempt to abuse the procedures and gain a malicious verdict with the process maligning the Chinese government by through both electronic and print media," he said.

He supported China's refusal to join or accept any adjudication from the tribunal and said the dispute should be resolved through bilateral dialogue and negotiation.

"China's stance has been vindicated by all political, social and legal experts around the world. Even the UN Charter and International law support and advocate the peaceful settlement of disputes through dialogue and negotiation," he said.

He added that China is a sovereign state and has the right to reject such a compulsory procedure which contradicts its principles of sovereignty and territorial integrity.

"So, in my opinion, arbitral tribunal and UNCLOS should not allow the Philippines to proceed with this case as it would create a dangerous precedent which could undermine the whole framework of UNCLOS," he said.

According to the expert, in 2002, China and ASEAN including the Philippines, signed the Declaration on the Conduct of Parties in the South China Sea (DOC), which conspicuously mentions that all the disputes should be resolved through negotiation and consultation by countries directly involved.

"The Philippines'unilateral attempt at arbitration openly violates Article IV of the DOC, which stipulates that all disputes should be resolved by bilateral negotiation and dialogue. The Philippines is also one of signatories," Joseph said.

He said that there are certain countries such as Japan and the United States that are trying to escalate the situation by illegally and immorally supporting the Philippines to proceed with its unilateral arbitration, which is definitely not of benefit to the Philippines, but to the outsiders.

"Japan and the U.S. are trying to provoke the Philippines for possible armed confrontation with China in the South China Sea," he said.

"If this happens, it would be counterproductive for the whole region and have a tremendously negative impact on the regional economy, politics and social stability."

"Manila has to understand that China is its biggest trade partner and as relationships and partnerships between ASEAN and China are inevitable, it shouldn't let other countries influence its foreign policies by politicizing the issue and undermining the stability of the region," the scholar said.

He said territorial disputes cannot be resolved through confrontation or with another dispute. It takes time, perseverance, political will and patience for an amicable resolution of a dispute to be found that is acceptable to all parties.

"In my view, China's suggestion of joint development of disputed areas is the most reasonable and practical way to resolve the rift. Thus, all the parties involved should give serious thought to this proposition as it is in their best national interests and not in the interests of outsiders and provocateurs," he said. Endit