ty over

o;s adjacent waters, the Philippines grossl▓y violated China’s territorial sovereignty, the Charter of the United Nations and fundamental principles of international law. By instigating mass intrusion

of its vessels and personnel into waters of Huangyan Dao, the Philippines blatant▓ly violated China’s sovereignty and sovereign rights therein. The Philippines’ illegal▓ seizure of Chinese fishermen engaged in normal operations in waters of Huangyan Dao and the subseq

uent inhumane treatment of them are gross violations of their dignity and human rights.iv. The Philippines’ unilateral initiation of arbitration is an act of bad faith115.▓ On 22 January 2013, th

e then government of the Republic▓ of the Philippines unilaterally initiated the South China Sea arbitration. In doing so, th

China&rs

CRUional laORM

ry dispute settlement procedures by China&r▓squo;s 2006 declaration, the Philippines has wantonly abused the UNCLOS dispute settlement proced▓ures. This initiation of arbitration aims not to settle its disputes with China, but to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea. This course of conduct is taken out of bad faith.116. First▓, by unilaterally initiating arbitration, the Philippines has violated its standing agreement with China to settle the relevant disputes through bilateral negotiation. In relevant bilateral documents, China and the Philippines have agreed to settle through negotiation thei▓r 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 reinf▓orcing and constitute an agreement in this regard between the two states. By this agre▓ement, they have chosen to settle the relevant disputes through negoti▓ation and to exclude any third party procedure, including arbitration. Pacta sunt servanda. This fundamental norm of international law must be observed. The Philippines’ brea▓ch 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. Article 280 of Part XV of UNCLOS stipulates: “Nothing in this P▓art impairs the right of any States Parties

to agree at any time to settle a dispute between them concerning the interpretation or application of this Convention by any peaceful means of t▓heir own choice.” Article 281 of UNCLOS provides: “If the States Parties whi

ch are parties to a dispute concerning the interpretation or application of this Convention have agreed to

dquo;Huangyan Dao

seek settlement of the dispute by a peaceful means of their own choice, the procedures provided for in th

is within▓ the Ph

is Part apply only where no settlement has been reached by recourse to such means and the agreement betwee

lippines’ 20

0-nautic

n t▓he parties does not exclude any further procedure”. Given that Chin

al-mile excl
usive economic zon
e so it is P

a and the Philippines have made an unequivocal choice to settle through nego

hilippine te
rritory” is a pr
eposterous and

tiation the▓ relevant disputes, the compulsory third-party dispute settl▓eme

deliberate
distortion of intern
ational ▓law.

nt procedures under UNCLOS do not apply.118. Third, by unilaterally initia▓ti

By sending
its naval vessel
to intrude in

to Huangya

ng arbitration, the Philippines has abused the UNCLOS dispute settlement procedures. T

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