Sovereignty state's decision to reject international arbitration to be respected

A sovereignty state has the right to reject the South China Sea arbitration and its decision should be respected, a Thai scholar told Xinhua in an exclusive interview, while putting forward his suggestion to solve the disputes in the South China sea.

Surakiart Sathirathai, chairman of Saranrom Institute of Foreign Affairs Foundation and the Asian Peace and Reconciliation Council, said that it's normal for countries not to accept the arbitration or compulsory jurisdiction, which it's based on the decision of the sovereignty state.

"If the country has reservation (for the arbitration)from the very beginning, we have to respect its sovereignty of decision. We can't force that country to bow," said Surakiart, who had served as deputy prime minister and foreign minister in his political career.

China refused to participate in the arbitration lodged by the Philippines to Permanent Court of Arbitration (PCA) under United Nations Convention on the Law of the Sea (UNCLOS) and doubts the tribunal's jurisdiction over the case since China has made a declaration in 2006, which says it rejects any compulsory arbitration concerning sovereignty and maritime delimitation.

The tribunal is expected to rule in late May or early June.

Surakiart said putting disputes aside and seeking joint development is a better way to solve the maritime disputes in the region.

"There is still room for countries to resolve differences. Consultation dialogue, mediation and seeking ways to find cooperation are most essential approaches to achieve peace," Surakiart stressed, noting that there are many areas where claimant countries of the South China Sea can seek cooperation ranging from scientific research, physical maritime management and joint development area(JDA) of oil and gas.

He mentioned that all the ASEAN countries including non-claimants would like to see the South China Sea the sea of peace and cooperation rather than the sea of conflict and tension. Thus, "the alternative dialogue on functional cooperation" is what countries involved should work out together.

In his idea of functional cooperation, the sovereignty issue would be left for future generations, while potential economic and commercial benefits will be highlighted, which could be derived from jointly developing the overlapping territorial areas.

He proposed Thai- Malaysian Joint Development Area (JDA) agreement as a model for sharing natural resources in areas of overlapping claims.

In 1979, Thai and Malaysian governments jointly agreed to explore and extract non-living natural resources from the area for mutual and equal benefits of both countries.

"We do have some differences in terms of territory claims and boundary delimitation. But claims will not obstruct the positive cooperation and the benefits of the two countries. That's the spirit all the neighboring countries should have," said Surakiart, adding that UNCLOS has allowed and encouraged countries that have differences to seek possible cooperations pending negotiations on the sea boundary delimitation.

The Thai- Malaysian JDA is a 7,250 square kilometers area in the lower part of the Gulf of Thailand.

Another example for consideration by claimant countries in the South China Sea conflict is the Myanmar-Bangladesh JDA two years ago, Surakiart said.

He proposed that his idea of the functional cooperation in the South China Sea can be a part of the Declaration on the Conduct of Parties in the South China Sea (DOC).

He urged leaders of relevant states to recognize the importance of his idea of functional cooperation and to endorse the ideas of alternative dialogue and to task non-governmental groups to create the eminent person group (EPG), who will come up with more business models for the commercial cooperation.

"In that way the tension will be reduced. The south China sea issue is discussable, it's not a trouble anymore," said Surakiart.

Source: XINHUA