Tribunal Rules Chinese Have No Legal Claims Over South China Sea

China says its armed forces will defend its sovereignty and maritime interests.
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AMSTERDAM/BEIJING, July 12 (Reuters) - An arbitration court ruled on Tuesday that China has no historic title over the waters of the South China Sea and has breached the Philippines’ sovereign rights with its actions, infuriating Beijing which dismissed the case as a farce.

A defiant China, which boycotted the hearings at the Permanent Court of Arbitration in The Hague, vowed again to ignore the ruling and said its armed forces would defend its sovereignty and maritime interests.

China’s state-run Xinhua news agency said shortly before the ruling was announced that a Chinese civilian aircraft had successfully tested two new airports in the disputed Spratly Islands.

And China’s Defence Ministry said a new guided missile destroyer was formally commissioned at a naval base on the southern island province of Hainan, which has responsibility for the SouthChina Sea.

“This award represents a devastating legal blow to China’s jurisdictional claims in the South ChinaSea,” Ian Storey, of Singapore’s ISEAS Yusof Ishak Institute, told Reuters.

China will respond with fury, certainly in terms of rhetoric and possibly through more aggressive actions at sea.”

The United States, which China has accused of fueling tensions and militarizing the region with patrols and exercises, urged parties to comply with the legally binding ruling and avoid provocations.

“The decision today by the Tribunal in the Philippines-China arbitration is an important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea,” State Department spokesman John Kirby said in a statement.

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The Nanjing Ocean National Defense Education Museum in China's Jiangsu Province displays a 3D map of the South China Sea. Chinese state media has accused the U.S. of being behind the Philippines-instigated legal action.
VCG via Getty Images

U.S. officials have previously said they feared China may respond to the ruling by declaring an air defense identification zone in the South China Sea, as it did in the East China Sea in 2013, or by stepping up its building and fortification of artificial islands.

China claims most of the energy-rich waters through which about $5 trillion in ship-borne trade passes every year. Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims.

Finding for the Philippines on a number of issues, the panel said there was no legal basis forChina to claim historic rights to resources within its so-called nine-dash line, which covers almost 90 percent of the South China Sea.

It said China had interfered with traditional Philippine fishing rights at Scarborough Shoal and had breached the Philippines’ sovereign rights by exploring for oil and gas near the Reed Bank.

None of China’s reefs and holdings in the Spratly Islands entitled it to a 200-mile exclusive economic zone, it added.

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Filipinos protest hours before the ruling Tuesday China's expansion of its presence in the South China sea, which is keeping Philippine fishing vessels away.
Bullit Marquez/AP

”2,000 YEARS OF HISTORY”

China’s Foreign Ministry rejected the ruling, saying its people had more than 2,000 years of history in the South China Sea, that its islands did have exclusive economic zones and that it had announced to the world its “dotted line” map in 1948.

China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards,” it said.

However, the ministry also repeated that China respected and upheld the freedom of navigation and overflight and that China was ready to keep resolving the disputes peacefully through talks with states directly concerned.

In a statement shortly before the ruling, China’s Defence Ministry said its armed forces would “firmly safeguard national sovereignty, security and maritime interests and rights, firmly uphold regional peace and stability, and deal with all kinds of threats and challenges”

The judges acknowledged China’s refusal to participate, but said they sought to take account ofChina’s position from its statements and diplomatic correspondence.

“The award is a complete and total victory for the Philippines ... a victory for international law and international relations,” said Paul Reichler, lead lawyer for the Philippines.

Vietnam said it welcomed the ruling.

Taiwan, which maintains that the island it occupies, Itu Aba, is legally the only island among hundreds of reefs, shoals and atolls scattered across the seas, said it did not accept the ruling, which seriously impaired Taiwan’s territorial rights.

“This is the worst scenario,” Taiwan Foreign Minister David Tawei Lee told reporters, promising unspecified “action” from Taipei.

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Chinese ships have previously followed Vietnamese vessels that neared China's oil rig in the disputed waters of the South China Sea.
Reuters Staff / Reuters

GROUND-BREAKING RULING

The ruling is significant as it is the first time that a legal challenge has been brought in the dispute, which covers some of the world’s most promising oil and gas fields and vital fishing grounds.

It reflects the shifting balance of power in the 3.5 million sq km sea, where China has been expanding its presence by building artificial islands and dispatching patrol boats that keep Philippine fishing vessels away.

The Philippines said it was studying the ruling.

“We call on all those concerned to exercise restraint and sobriety,” Foreign Affairs Secretary Perfecto Yasay told a news conference. “The Philippines strongly affirms its respect for this milestone decision as an important contribution to the ongoing efforts in addressing disputes in the South China Sea.”

Japan said the ruling was legally binding and final.

Oil prices jumped following the findings, with Brent crude futures up almost 3 percent at $47.87 per barrel at 1130 GMT.

The court has no power of enforcement, but a victory for the Philippines could spur Taiwan, Vietnam, Malaysia and Brunei to file similar cases.

Ahead of the ruling, around 100 members of a Philippine nationalist group demonstrated outside the Chinese consulate in Manila, calling on Beijing to accept the decision and leave the Scarborough Shoal, a popular fishing zone off limits to Filipinos since 2012.

In China, social media users reacted with outrage at the ruling.

“It was ours in the past, is now and will remain so in the future,” wrote one user on microblogging site Weibo. “Those who encroach on our China’s territory will die no matter how far away they are.”

Spreading fast on social media in the Philippines was the use of the term “Chexit” - the public’s desire for Chinese vessels to leave the waters.

(Additional reporting by Enrico Dela Cruz and Martin Petty in Manila, Megha Rajagopalan in Beijing, Tim Kelly in Tokyo, John Walcott and David Brunnstrom in Washington, JR Wu in Taipei and Greg Torode in Hong Kong.; Editing by Lincoln Feast and Nick Macfie)

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Before You Go

Posters From China's Cultural Revolution
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"Chinese people have ambition," the caption reads. (credit:Corbis Historical/Getty Images)
(02 of12)
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In this woodcut, titled "Industrial Might," one of the two workers is raising the Little Red Book that contains Mao Zedong's quotes. Many people carried the Little Red Book around to avoid punishment. (credit:Buyenlarge via Getty Images)
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This poster shows peasants and workers cheering, with the caption, "Enthusiastically celebrating the successful opening of the Chinese trade union's ninth national congress." (credit:Corbis Historical/Getty Images)
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A peasant and a People's Liberation Army officer feature in this poster, named "Return to the People's Liberation Army, raise the four movements to higher levels." (credit:Corbis Historical/Getty Images)
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A propaganda poster depicts Mao walking with peasants in the countryside. During the Cultural Revolution, Mao encouraged educated youths to go to rural areas to be "re-educated" by peasants. (credit:UniversalImagesGroup via Getty Images)
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A poster, captioned "Greet The '70s With New Victories Of Revolution And Production," captures Chinese workers holding their tools in one hand and Little Red Books in the other. (credit:Heritage Images via Getty Images)
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A man is holding the Little Red Book in this woodcut titled "Shout the Words of Mao." (credit:Buyenlarge via Getty Images)
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This woodcut, titled "Travel with the Words of Mao," shows a band of travelers equipped with the Little Red Book and a document titled "Mao's Latest Directives." (credit:Buyenlarge via Getty Images)
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This woodcut is titled "Words of Mao Like the Power of the Sun." (credit:Buyenlarge via Getty Images)
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Peasants and soldiers are featured in this woodcut, named "So Say Mao." (credit:Buyenlarge via Getty Images)
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Peasants and troops carry Little Red Books and a red flag with the words, "Hold the great banner of unity and achieve even greater success," printed on it. The woodcut is titled "All People Follow the Words of Mao." (credit:Buyenlarge via Getty Images)
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A poster, titled "Mao's Words Bring Joy," features peasants holding a sign reading "Mao's Quotations: Capture revolutionaries, promote production, promote work, promote strategy." (credit:Buyenlarge via Getty Images)