The Lowy Institute believes that back channel talks have already begun:
The Philippines offers Beijing talks on China Sea dispute
The Australian
12:00AM July 7, 2016
Beijing and Manila are moving closer to a detente in their South China Sea dispute with China damping down calls by nationalist elements to prepare for conflict and The Philippines President Rodrigo Duterte offering talks if next week’s UN tribunal decision goes his way.
The UN-backed Permanent Court of Arbitration will hand down a decision next Tuesday on Manila’s challenge to China’s claim on a series of islands, atolls and the waters around them within The Philippines’ exclusive economic zone.
Manila lodged the claim in 2013 after Beijing seized control of Scarborough Shoal, but China has consistently said it does not recognise the tribunal’s authority or any decision it makes.
Mr Duterte, who was sworn into office last week, said he was optimistic the decision would favour The Philippines, adding: “If it’s favourable to us, let’s talk.
“We are not prepared to go to war — war is a dirty word.”
Mr Duterte’s comments came as China’s Global Times urged Beijing to speed up development of its military deterrence against US interference in the dispute and prepare for war.
“Washington has deployed two carrier battle groups around the South China Sea, and it wants to send a signal by flexing its muscles: as the biggest powerhouse in the region, it awaits China’s obedience,” the newspaper editorialised. “China should be able to let the US pay a cost it cannot stand if it intervenes in the South China Sea dispute by force.”
China’s Foreign Ministry has played down those remarks, however, insisting Beijing is committed to peace. “China will work with ASEAN countries to safeguard the peace and stability of the South China Sea,” Foreign Ministry spokesman Hong Lei said. “As for the relevant dispute, China does not accept any decision imposed by a third party as a means of resolution, nor any solution plan that is forced upon China.”
Mr Duterte has said consistently he wants friendly relations with China, a marked departure from predecessor Benigno Aquino, who took Manila’s case to the tribunal and, amid rising tensions with China, earlier this year allowed US forces to return.
Mr Duterte met Beijing’s envoy last month and the two discussed a possible Chinese-built rail link from Manila to Clark — a provocative offer given the recent return of US troops and military hardware to the air and navy base there. China in turn has said it would negotiate with The Philippines if Manila ignored the arbitration tribunal’s ruling.
Euan Graham, from the Lowy Institute’s International Security Program, said it would be “surprising” if China and The Philippines were not already pursuing back-channel talks. “The Philippines ultimately brought this case, so it’s not owned by the international community and if (Duterte) chooses to keep (the UN ruling) in his back pocket as negotiating leverage it would be very difficult for the US or anyone else to do anything about that,’’ he said.
Manila’s case challenges China’s claim to most of the South China Sea, overlapping rival claims by The Philippines, Vietnam, Malaysia, Brunei and Taiwan, which all are anxiously awaiting next week’s decision.
International concern about China’s aggressive claim runs high because of the trade routes crossing the sea — an estimated third of the world’s shipping passes through those waters.
The Hague tribunal will rule on three points, including whether China is correct in claiming that certain atolls and reefs may be categorised as islands, and thereby entitled to their own 200 nautical miles exclusive economic zone and natural resources rights.
The UN Convention on the Law of the Sea categorises an island as a land mass permanently above water that can sustain human life. China has been reclaiming land, including 3.9 million square metres on the Spratly Islands’ Subi Reef which was once completely submerged at high tide, though the law does not recognise land reclamation.
Manila has also sought clarification of its territorial rights in the sea and whether China has infringed those rights through construction and fishing.