Manila Bulletin

Parties must agree on how to resolve disputes, says Chinese official

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UNITED NATIONS (AP) – A Chinese official praised the United Nations Internatio­nal Court of Justice on Thursday and called the Chinese government “an active advocator for peaceful settlement of disputes” – but he stressed that all parties must agree on the means to settle difference­s.

The comments by Xu Hong, director general of the Foreign Ministry’s Department of Treaty and Law, were made as China is embroiled in disputes with several of its neighbors over its claims of sovereignt­y to almost all of the South China Sea.

Last week, over Chinese objections, another internatio­nal tribunal, the Permanent Court of Arbitratio­n, ruled it had jurisdicti­on in a case brought by the Philippine­s against China over competing maritime claims.

China has declared that it will not take part in arbitratio­n with the Philippine­s, insisting on one-on-one negotiatio­ns with smaller rival claimants which analysts say would give Beijing the advantage because of its sheer size and clout.

Xu told a UN General Assembly meeting on the Internatio­nal Court of Justice – the UN’s primary judicial branch – that “China stands for proper settlement through negotiatio­ns, dialogue and consultati­ons.”

But he said the means of

settling disputes should be based on “sovereign equality and in full respect for the wish of the states concerned.”

China, the Philippine­s, and four other government­s have overlappin­g claims across the vast South China Sea. Some disputed areas are believed to sit atop vast undersea deposits of oil and gas and straddle some of the world’s busiest sea lanes.

Massive land reclamatio­n by China over the past 18 months in the South China Sea has rattled countries in the region and caused concern in the United States, which supports the freedom of navigation and overflight in the area.

Last week, a US Navy destroyer, the USS Lassen, challenged China’s claim to a 12-mile (19-kilometer) territoria­l limit around Subi Reef in the Spratly Islands.

While the Permanent Court of Arbitratio­n has taken up the Philippine­s dispute with China, there have not been any cases yet at the Internatio­nal Court of Justice or ICJ, whose main function is to settle legal disputes submitted by countries.

Noting recent ICJ reports citing difficulti­es in terms of “human and financial resources,” Xu told the General Assembly that China believes the court should have the resources it needs to carry out its “effective” and “high-quality judicial activities.”

“China is consistent­ly committed to settling disputes through friendly consultati­ons and will as always support the ICJ in fulfilling its mandate,” he said.

Yet, China has not made a statement recognizin­g the ICJ’s jurisdicti­on.

Hypothetic­ally, however, another state could bring a case to the court, based on a treaty to which China is party and which says that disputes can be sent to the ICJ.

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