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Jakarta Post

How China can benefit from the S. China Sea arbitration

  • Haryo Budi Nugroho

Jakarta   /   Wed, June 15 2016   /  07:17 am

As we get closer to the decision in the arbitration on the South China Sea, we hear numerous arguments from all sides, including the article by Ambassador Xie Feng in The Jakarta Post on June 8. Now, it is important to view the arbitration from an objective standpoint.

First, regarding the formation of the arbitration, it is indeed the case that the Philippines initiated the arbitration unilaterally.

However there is no stipulation within UNCLOS that bans a country from unilaterally launching arbitration. For instance Malaysia did so in the case of land reclamation filed against Singapore.

China declined to participate from the beginning, which other countries must respect as this is perfectly legal under international law, especially UNCLOS.

In the same vein, the non-participation by China does not prevent the arbitration from proceeding. It is also withi...