Golez: The view from Jakarta. Obviously in favor of the Philippine case in the arbitral tribunal.
"the tribunal’s decision on the three main issues in the case will have a significant impact on countries in the region, including Indonesia. The first concerns the validity of China’s nine-dash lines claim.
"The second issue concerns the maritime status of the claimed areas, namely whether or not they are entitled to Exclusive Economic Zone (EEZ)/Continental Shelf status, territorial waters status or no entitlement at all. The third is the construction activities of China, which are claimed to be damaging the environment.
"First and foremost, the tribunal will promote the rule of law in the ocean and UNCLOS compliance by its parties.
"States have long negotiated the rule that governs their rights and obligations in the ocean as codified in the UNCLOS, which has been widely accepted as the constitution of the Ocean. Indeed, one of the main purposes of UNCLOS was to create rules to avoid excessive claims by states that would undermine the general interests of the international community.
"UNCLOS provides a mechanism for settlement of disputes arising from its interpretation and application and encourages its parties to use that mechanism. The tribunal and its decision will serve as encouragement for states to settle their differences amicably.
"For the region and the claimant states, the award will enhance regional stability. It will stipulate the rights and obligations of the littoral states of the SCS.
"Furthermore, the decision will clarify some, if not all, the ambiguities surrounding the SCS conflict. The mystery behind the nine-dash lines will be immediately clarified in terms of legality.
"Once the ambiguity is removed, the claimants may shift their focus to consolidating the basis of their claims.
"Likewise, the determination of the maritime status of the claimed features, be they islands that are entitled to 200 miles, rocks that are entitled to 12 miles, or low tide elevations, which are not entitled to any single zone unless they are part of the territorial sea of a rock or island, will simplify the terms of the conflict.
"If the tribunal determines that they are only rocks, which is most likely the case, the claimable maritime zones around those features will not be as excessive as what the nine-dash lines purport.
"ASEAN will also benefit from the decision. Some interpretations have been provided by the tribunal’s Oct. 29 decision with regards to the legal status of the Conduct of Parties (DOC) in the SCS as well as the Treaty of Amity and Cooperation (TAC). The tribunal maintains that the DOC and TAC does not deny the parties recourse to other means of dispute settlement, including arbitration.
"In fact, this is the exact application of those frameworks, to solve disputes peacefully when negotiations do not work. This legal determination might guide ASEAN in its future deliberations of the issue, especially in crafting the Code of Conduct (COC).
"Last but not least, Indonesia may also benefit from the decision. Recently, there was public concern that China would occupy the Natuna Islands, Indonesia’s outermost points in the SCS.
"Although Chinese officials have claimed that the country has no competing sovereignty claim over the Natuna Islands, the public remains doubtful. Due to China’s silence about what the dash-line means and the position of the islands on a map, if one does not consider their actual GPS coordinates, the nine-dash lines claim continues to be considered as an encroachment into the Indonesian EEZ."
The South China Sea arbitration:
- See more at: http://www.thejakartapost.com/news/2015/12/05/the-south-china-sea-arbitration-why-does-it-matter.html#sthash.DyHpm1IS.dpuf
"the tribunal’s decision on the three main issues in the case will have a significant impact on countries in the region, including Indonesia. The first concerns the validity of China’s nine-dash lines claim.
"The second issue concerns the maritime status of the claimed areas, namely whether or not they are entitled to Exclusive Economic Zone (EEZ)/Continental Shelf status, territorial waters status or no entitlement at all. The third is the construction activities of China, which are claimed to be damaging the environment.
"First and foremost, the tribunal will promote the rule of law in the ocean and UNCLOS compliance by its parties.
"States have long negotiated the rule that governs their rights and obligations in the ocean as codified in the UNCLOS, which has been widely accepted as the constitution of the Ocean. Indeed, one of the main purposes of UNCLOS was to create rules to avoid excessive claims by states that would undermine the general interests of the international community.
"UNCLOS provides a mechanism for settlement of disputes arising from its interpretation and application and encourages its parties to use that mechanism. The tribunal and its decision will serve as encouragement for states to settle their differences amicably.
"For the region and the claimant states, the award will enhance regional stability. It will stipulate the rights and obligations of the littoral states of the SCS.
"Furthermore, the decision will clarify some, if not all, the ambiguities surrounding the SCS conflict. The mystery behind the nine-dash lines will be immediately clarified in terms of legality.
"Once the ambiguity is removed, the claimants may shift their focus to consolidating the basis of their claims.
"Likewise, the determination of the maritime status of the claimed features, be they islands that are entitled to 200 miles, rocks that are entitled to 12 miles, or low tide elevations, which are not entitled to any single zone unless they are part of the territorial sea of a rock or island, will simplify the terms of the conflict.
"If the tribunal determines that they are only rocks, which is most likely the case, the claimable maritime zones around those features will not be as excessive as what the nine-dash lines purport.
"ASEAN will also benefit from the decision. Some interpretations have been provided by the tribunal’s Oct. 29 decision with regards to the legal status of the Conduct of Parties (DOC) in the SCS as well as the Treaty of Amity and Cooperation (TAC). The tribunal maintains that the DOC and TAC does not deny the parties recourse to other means of dispute settlement, including arbitration.
"In fact, this is the exact application of those frameworks, to solve disputes peacefully when negotiations do not work. This legal determination might guide ASEAN in its future deliberations of the issue, especially in crafting the Code of Conduct (COC).
"Last but not least, Indonesia may also benefit from the decision. Recently, there was public concern that China would occupy the Natuna Islands, Indonesia’s outermost points in the SCS.
"Although Chinese officials have claimed that the country has no competing sovereignty claim over the Natuna Islands, the public remains doubtful. Due to China’s silence about what the dash-line means and the position of the islands on a map, if one does not consider their actual GPS coordinates, the nine-dash lines claim continues to be considered as an encroachment into the Indonesian EEZ."
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