83. By repeatedly reaffirming negotiations as the means for settling relevant disputes, and by repeatedly emphasizing that negotiations be conducted by sovereign states directly concerned, the above-mentioned provisions obviously have produced the effect of excluding any means of third party settlement. In particular, the 1995 Joint Statement provides for “eventually negotiating a settlement of the bilateral disputes”. The term “eventually” in this context clearly serves to emphasize that “negotiations” is the only means the parties have chosen for dispute settlement, to the exclusion of any other means including third party settlement procedures. The above consensus and commitment constitutes an agreement between the two states excluding third-party dispute settlement as a way to settle relevant disputes in the South China Sea between China and the Philippines. This agreement must be observed.
(二)妥善管控南海有关争议是中菲之间的共识
ii. It is the consensus of China and the Philippines to properly manage relevant disputes in the South China Sea
84. 中国一贯主张,各方应通过制定规则、完善机制、务实合作、共同开发等方式管控争议,为南海有关争议的最终解决创造良好氛围。
84. It is China’s consistent position that, the relevant parties should establish and improve rules and mechanisms, and pursue practical cooperation and joint development, so as to manage disputes in the South China Sea, and to foster a good atmosphere for their final resolution.
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