China tries to refocus South China Sea dispute on rocks and reefs

Beijing issues a new policy paper that some analysts see as an effort to bolster its position in negotiations

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China sought to refocus a dispute over the South China Sea on sovereignty over islands, rocks and reefs rather than rights to the surrounding waters, a day after an international tribunal comprehensively rejected its historic claim to almost all of the area.

In its most detailed response to the ruling on a landmark case brought by the Philippines, China's cabinet issued a policy paper describing those outcrops as its “inherent territory” and accusing the Philippines of illegally occupying some of them. Introducing the paper, China's Vice Foreign Minister Liu Zhenmin stepped up a barrage of official Chinese invective against the tribunal, accusing it of bias and lack of understanding. The harsh comments came even as Mr. Liu told a news conference that Beijing remained committed tonegotiations with the new Philippine president, Rodrigo Duterte, and with other governments that have overlapping claims.

The ruling by the Permanent Court of Arbitration in The Hague on Tuesday upheld almost every part of the legal challenge brought by the Philippines in 2013 over Beijing's historic claims to most of the South China Sea.

The tribunal rejected China's claim to waters within a “nine-dash line,” that Beijing depicts on maps as extending almost to the north coast of Malaysian Borneo, and to exclusive economic rights in waters around the Spratlys archipelago. It also said Beijing had violated Manila's sovereignty by building artificial islands and blocking Philippine ships. China didn't take part in the tribunal, which it said had no jurisdiction in the case, and has vowed not to comply with the ruling. However, some analysts detected signs in the new policy paper that China was seeking to clarify its legal claims to bolster its position in negotiations with the Philippines and other governments.

“The good news is that China is moving towards clarification and reduction of ambiguity,” said Yanmei Xie, Senior China Analyst of International Crisis Group. “The bad news is that clarification could also bring calcification of China's position.” She noted that the policy paper didn't repeat China's longstanding but legally vague position that it had indisputable sovereignty over all South China Sea islands “and the adjacent waters”. Across the board, Chinese officials struck a note of defiance in the wake of the verdict and depicted China as the victim of a conspiracy orchestrated by the U.S. and its treaty ally, the Philippines.

Cui Tiankai, China's ambassador to the U.S., in a speech in Washington on Tuesday accused the tribunal of “professional incompetence” and “questionable integrity.”

“It will certainly undermine and weaken the motivation of states to engage in negotiations and consultations for solving their disputes,” Mr. Cui said. “It will certainly intensify conflict and even confrontation.”

Source: The Wall Street Journal