China refuses to refer its conflict with Philippines to international arbitration

China has reiterated its opposition to the Philippines' taking the South China Sea dispute to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). At a daily press briefing held here late Wednesday, Foreign Ministry spokesman Hong Lei said, "We do not agree with the Philippine Foreign Ministry's move of filing international arbitration, and we have clearly expressed our stance of opposition." His remarks came in response to the Philippine Foreign Ministry's statement on Tuesday saying "China's action will not interfere with the process of Arbitration initiated by the Philippines on 22 January 2013." Hong said, "Both China and the Philippines are signatories to the Declaration on the Conduct of Parties in the South China Sea (DOC), and have a commitment to seriously fulfill the declaration."   He continued, "China advocates that the dialogue framework currently endorsed by most regional nations should be maintained." Hong added that China will continue its efforts to protect peace and stability in the South China Sea, and unswervingly safeguard sovereignty and interests. China rejected and returned the Philippines' Notification and Statement of Claim concerning the case on Tuesday. Meanwhile the arbitration proceedings that the Philippines has initiated before the United Nations (UN) against China to nullify the latter s "excessive" claims in the West Philippine Sea (South China Sea) will not stop despite Beijing s rejection of the legal action, according to the Department of Foreign Affairs (DFA). However, the enforcement of any decision of the UN arbitral tribunal, three or four years down the road, will be "another question," said DFA spokesman Assistant Secretary Raul Hernandez.  "The arbitration will proceed under Annex VII of Unclos (UN Convention on the Law of the Sea) and the five-member arbitration panel will be formed with or without China," Hernandez said adding, "Even if one party does not join or participate, the process will continue until a decision is made." Article 9 of Unclos  Annex VII, which stipulates the mechanics of arbitration, states that the "absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings." On Jan. 22, the Philippines went to the UN to challenge Beijing s claim to most of the South China Sea (which the Philippines refers to as the West Philippine Sea) and compel it to respect the Philippines  right to its exclusive economic zone (EEZ) and stop Chinese incursions into areas in the disputed waters claimed by the Philippines.