China committed to peaceful resolution of disputes

Updated: 2016-07-05 14:10

(chinadaily.com.cn)

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China committed to peaceful resolution of disputes

Chinese and US think tanks attend the China-US Dialogue on South China Sea. [Photo by Ji Tao/China Daily]

1. Nansha Islands are China's Integral Territory

Historical materials of China and many western countries corroborate the fact that it was the Chinese people who were the first to discover, name,develop and administer the islands in South China Sea, and that the Chinese government was the first to peacefully and effectively exercise continuous sovereign jurisdiction on South China Sea islands. During the Second World War, Japan illegally invaded and occupied China's South China Sea islands, which were restored to China after the war. Pursuant to Cairo Declaration and the Potsdam Proclamation,which were cornerstones of the post-war international order, Japan shall return the stolen Chinese territory to China. Following the end of the war, China restored Taiwan, Penghu Islands, Xisha Islands and Nansha Islands illegally occupied by Japan.

Many of you were probably not aware of this, but China's actions to restore the islands was supported by General Douglas McArthur. China's military and government personnel were ferried by US-provided military vessels to Xisha and Nansha Islands to hold the restoration ceremony. After that, the US filed applications to Chinese authorities on Taiwan to conduct geodetic survey in some of Nansha Islands on many occasions.

All this shows that the return of Nansha Islands to China is part of the post-war international order and relevant territorial arrangements. For a long time since the end of the War, the US has recognized and in reality respected China's sovereignty over Nansha Islands. China's sovereignty over South China Sea islands, as part of the post-war international order, is under protection by the UN Charter and other international law. To be blunt, when the US states today that it does not take a position on issues of territory, it actually amounts to back-peddling and defiance of the post-war international order, which the US itself has participated in building.

There are sufficient grounds to state that on the South China Sea issue, China is completely at the receiving end of encroachments. For a long time, the South China Sea had remained trouble free and calm. But since the 1970s, the Philippines, Vietnam and other countries have illegally occupied 42 islands and reefs in China's Nansha Islands by force, which gave rise to disputes over territory in these islands and reefs. Over several decades, the Philippines and Vietnam carried out large scale construction and deployed armaments on them and continued to take provocative actions at sea. These illegal occupations and provocations are violations of international law and the UN Charter, and should be universally condemned. The world can see that on the South China Sea issue, China is by no means a wrong-doer or trouble maker, but rather a victim. According to international law, China has every right to self preservation and self-defense. It possesses the ability to recover the above-mentioned islands and reefs. However, in the interest of regional peace and stability, China has all along exercised enormous restraint, and sought peaceful settlement through negotiations. In recent years, China has taken actions only as compelled response at a minimal level to unbridled encroachments by certain countries on China's rights and interests. Stand in China's shoes for a moment, if it was the US who was challenged with such provocation, it would have long resorted to force to recover the illegally occupied islands and reefs.

2. China remains committed to peaceful resolution of disputes in the South China Sea through negotiations and consultations with countries directly concerned.

The Chinese government was the first to propose and has consistently followed the position of "shelving disputes and pursuing common development." Its consistent position on the South China Sea issue includes the following three elements:

--Disputes should be settled peacefully through negotiation and consultation, and managed through rules, norms and operating mechanisms;

--Shared interests should be expanded through joint development and cooperation;

--Freedom of navigation and overflight should be upheld and peace and stability maintained.

These are both China's basic policies and solemn pledges on the South China Sea issue. For the past several decades, the South China Sea region has maintained stability on the whole, and the relevant disputes have been kept under control. Southeast Asia has been able to achieve robust growth, and is seen as an example of peace, stability and prosperity and a magnet of cooperation in the eyes of many countries and regions. This is a great contribution China and its neighbors have made to the international community.

As the biggest coastal country of the South China Sea and a country dedicated to peaceful development, China sees peace and stability of the South China Sea as bearing on its vital interests. That is why China will never resort to force unless challenged with armed provocation. Despite the negative impact of factors both within and outside the region, China has not lost confidence and will stick to its policy of seeking peaceful settlement through bilateral negotiation and consultation, for the following reasons.

First, peaceful settlement of disputes through negotiation and consultation best reflects adherence to international law and the basic norms of international relations. According to the UN Charter and the Declaration on Principles of International Law, negotiation is the primary way for peaceful settlement of international disputes. The UNCLOS stipulates that countries concerned should settle maritime delimitation disputes through negotiations as the first recourse, and China and ASEAN countries also made such solemn commitment in the DOC. The fact is, China has benefited from the existing international order, and has firmly observed and upheld such order. China will continue to honor its due obligations, earnestly fulfill international and regional responsibilities, uphold the integrity and authority of the UNCLOS and other international law, and safeguard the rule of law.

Second, to settle disputes peacefully and through negotiations has been a successful practice of China in implementing international rule of law. Back in the 1950s, China has proposed addressing historical boundary issues through consultation under the Five Principles of Peaceful Co-existence. In the following decades, China has resolved its boundary questions with 12 out of 14 land neighbors through negotiations. They have surveyed and demarcated around 20,000 kilometers of boundaries, about 90% of China's land boundary. China and Vietnam have delimited maritime boundary at the Beibu Gulf through negotiation. Of all boundary talks, those between China and Russia lasted for over 40 years, between China and Vietnam on land boundary over 30 years, and on Beibu Gulf over 20 years. I personally have participated in some of the boundary talks, and I believe that peaceful negotiations can best reflect countries' own will and sovereign equality and have unique strength and efficacy in addressing complex territorial and maritime disputes. There is no reason why disputes in the South China Sea cannot be resolved through peaceful negotiations.

Third, peaceful settlement of disputes through negotiation and consultation is the only viable way to manage and resolve the South China Sea issue. The truth is, the parties concerned in the South China Sea issue have all along been working in this direction, which is also a clear provision in the DOC. The parties have established mature and effective mechanisms to this end, and the COC consultation has been making notable progress. Despite all this, the Philippines went on a pervert course of initiating arbitration without prior consultation with China. This is nothing but an act of imposition by the Philippines on China, and a culmination of the Philippines' actions to advance its illegal claims. The truth behind the arbitration case is political intrigue, whereby certain countries have been deliberately provoking problems and stirring up tensions, eager to see turbulence in the South China Sea. The arbitral tribunal has no jurisdiction over this case. By making a so called "award", it has wilfully expanded its power, which is against the UNCLOS and is null and void.

By taking a position of not participating in or accepting the arbitration, China is upholding its own rights and interests under international law and safeguarding the integrity and authority of the UNCLOS. We hope that the US side will take an objective and fair approach regarding the arbitration, rather than criticizing China for upholding the UNCLOS from the position of a non-state party. The final award of the arbitration, which will come out in the next few days, amounts to nothing more than a piece of paper. China suffered enough from hegemonism, power politics and bullying by Western Powers since modern times. The Versailles peace conference at the end of World War I forced a sold-out of Shandong Province. The Lytton Commission, sent by the League of Nations when Japan invaded China's northeast provinces, only served to justify Japan's invasion. Even the US-led negotiations on San Francisco Peace Treaty excluded China. These episodes are still vivid in our memory. That is why China will grip its own future on issues of territorial sovereignty, and will never accept any solution imposed by a third party.

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