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China insisted that its latest actions in the West Philippine Sea cannot be considered harassment due to its false claim that it owns the area of dispute and thus is merely defending it from intruders.
Chinese Foreign Ministry spokesperson Mao Ning made the remarks at a daily press briefing in response to the Philippine government’s demand that it stop harassing Philippine ships and leave Ayungin Shoal.
Mao insisted that China’s position was consistent and clear, adding that the reason behind the recent maritime developments — apparently the collision of ships — was the Philippines’ frequent “provocative moves” trampling on its territorial sovereignty and maritime rights and interests.
The US State Department, however, does not share this view. Its spokesperson, Matthew Miller, said the US stands with the Philippines against these acts and is in “discussions” with the government about the latest incident.
The latest tiff is being blamed on the supposed propensity of the Philippines to start trouble through its proxying for the United States, which is not a justification for putting the lives of passengers of the Philippine vessels in danger.
“By impeding the safe operation of Philippine vessels carrying provisions to Filipino service members stationed at Second Thomas Shoal (Ayungin Shoal), the PRC interfered in lawful Philippine maritime operations and Philippine vessels’ exercise of high seas freedom of navigation,” Miller said.
The conflicting views result from the contrasting bases for the maritime claims. China’s historical boundary is the basis for its maritime claims, while the Philippines and the rest of the world rely on the United Nations Convention on the Law of the Sea and the 2016 arbitral ruling that invalidated China’s nine-dash line claim.
The US State Department cited the landmark 2016 ruling, which stated that China has “no lawful maritime claim to the waters” around Ayungin Shoal as the feature is a low-tide elevation located within the Philippines’ exclusive economic zone.
“As provided under the 1982 Law of the Sea Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines, and the United States calls upon the PRC to abide by the ruling and desist from its dangerous and destabilizing conduct,” Miller said.
The US gave a cryptic warning, indicating that it is committed to the Mutual Defense Treaty, which extends to armed attacks on Philippine armed forces, public vessels, and aircraft, including its Coast Guard.
What is significant in the US statement is that the MDT was cited and referred to the recent incident of aggression, which was certainly a stronger position than the previous assurance of an “iron-clad” commitment to defend the country in the event of an attack.
The Philippine government has also taken a stronger position in the worsening conflict.
The Department of Foreign Affairs said in a statement, “China’s actions in Ayungin Shoal infringe upon the Philippines’ sovereign rights and jurisdiction. The Philippines demands that Chinese vessels leave the vicinity of Ayungin Shoal immediately.”
The DFA indicated that Ayungin Shoal is a low-tide elevation within the Philippines’ EEZ and continental shelf, reiterating what is contained in the UNCLOS and “the final and binding 2016 arbitral award.”
“International law affirms that the Philippines exercises sovereign rights and jurisdiction over the feature,” it added.
China has been using an increasingly alarming method to assert its claims, which, based on international conventions, have no basis but are based on a myth.
The situation has escalated as China does not recognize rules other than its self-serving claims.