Sino-Philippines dispute (not trade-related)

I know that China has not recognized the jurisdiction of the ICJ and the Philippines, while recognizing the jurisdiction of the Court in general, has excluded the jurisdiction on territorial disputes. However, it is probably still worth exploring the possibility of having the ICJ sort out the dispute, just like Singapore and Malaysia in the recent Pedra Branca case.

Solemn declaration of the Ministry of Foreign Affairs of the Republic of China concerning the Philippine Senate Bill 2699 and House Bill 3216

No. 001 February 6, 2009

The Philippine Senate and House of Representatives passed Senate Bill 2699 on January 28 and House Bill 3216 on February 2 respectively, incorporating Huangyan Dao（or the Scarborough Shoal for the Philippines）, in Macclesfield Bank, and part of the Spratly Islands into Philippine territory. The Ministry of Foreign Affairs of the Republic of China solemnly declares as follows:
1.In terms of either history, geography, reality or international law, the Spratly Islands, Paracel Islands, Macclesfield Islands, Pratas Islands, as well as the surrounding waters, are the existent territories of the Republic of China. The fact that sovereignty of these areas belongs to our government is undeniable, Taiwan enjoys and deserves all rights accordingly. Any sovereignty claims over, or occupation of, these islands and their surrounding waters will not be recognized by the government of the Republic of China.
2.The Government of the Republic of China calls on the Philippine government to abide by the principles and spirit of the UN Charter, UN Convention on the Law of the Sea, and the Declaration on the Conduct of Parties in the South China Sea in order to peacefully solve through dialogue any dispute involving the issue of the South China Sea.（E）


Statement of the Ministry of Foreign Affairs of the People's Republic of China

2009/02/18

On 17 February 2009, the Philippine Congress passed an Act to Define the Archipelagic Baselines of the Philippines (an Act to Amend Certain Provisions of Republic Act No. 3046, As Amended By Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and For Other Purposes). The Act includes Huangyan Island and some islands and reefs of Nansha Islands as Philippine territory. The Government of the People's Republic of China hereby reiterates that Huangyan Island and Nansha Islands have always been a part of China's territory. The People's Republic of China has indisputable sovereignty over these islands and their adjacent waters. Claims to territory sovereignty over Huangyan Island and Nansha Islands by any other country are all illegal and invalid.


China Lodges Stern Protest over Baselines Bill of the Philippines

2009/02/19


On the afternoon of February 18, 2009, Chinese Vice Foreign Minister Wang Guangya summoned the Charge d'affaires of the Philippine embassy to China, Maria Barber, to lodge a stern protest over the approval of the 2009 Baselines Bill by the Philippine congress.

"The congress of the Philippines passed the Baselines Bill yesterday, which usurped China's Huangyan Island and some islands of Nansha Islands as Philippine territory," said Wang. "The Chinese government expresses its strong dissatisfaction and stern protest over the adoption of the bill that violated China's sovereignty by the Philippine government, in defiance of the grave concern raised by and repeated protests from the Chinese government," said Wang.

"Huangyan Island and Nansha Islands have always been inalienable parts of the Chinese territory," said Wang, adding that China possesses indisputable sovereignty over the Huangyan Island, the Nansha Islands and adjacent waters. "Territorial sovereignty claims over the Huangyan Island and islands of Nansha Islands by any other country were illegal and invalid," he said.

It is the wish of the Chinese side that the Philippines will take into consideration the bilateral relations, the interests of both peoples and the peace and stability of the South China Sea region, take solid and sufficient measures to stop all the activities that violate China's sovereignty rights, take concrete actions to safeguard the stability of the South China Sea region and ensure the healthy development of bilateral relations, Wang said.