China on Friday called on the Philippines to settle disputes over the South China Sea through bilateral consultation and negotiation.
The Philippines has reportedly claimed arbitration was its last resort after all bilateral means had been exhausted. On the other hand, some people say China and the Philippines have never held negotiations over the Philippines' claims.
Chinese Foreign Ministry spokesperson Hua Chunying said there is a consensus between China and the Philippines to settle their disputes over the South China Sea through negotiation, and the consensus is also in accordance with the Declaration on the Conduct of Parties in the South China Sea (DOC).
On November 4, 2002, China and the ASEAN Member States, including the Philippines, jointly signed the DOC. Paragraph 4 of the DOC explicitly states that "the Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means ... through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS)."
In 2006, in accordance with Article 298 of UNCLOS, China made a declaration excluding disputes concerning maritime delimitation, historic bay or titles, military activity and law enforcement activities from compulsory arbitration and other compulsory dispute settlement procedures.
Before unilaterally initiating arbitration in Jan. 2013, Hua said the Philippines did not hold any consultations or negotiations with China on relevant items, much less exhaust "all bilateral means."
Hua said the Philippines is abusing the dispute settlement procedures under UNCLOS and the country's actions have had no effect on resolving disputes.
Hua reiterated China's stance that disputes between China and the Philippines over the South China Sea can be solved through bilateral consultation and negotiation.
Hua called on relevant parties to encourage the Philippines to settle the disputes with China through negotiations and in accordance with bilateral consensus, the DOC and related international laws including UNCLOS.
