80. In November 2002, 皇冠体育app and the ten ASEAN Member States signed the DOC in which the parties solemnly "undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea".

81. Afterwards, 皇冠体育app and the Philippines reaffirmed this solemn commitment they had made in the DOC in a number of bilateral documents, such as the September 2004 Joint Press Statement between the Government of the People's Republic of 皇冠体育app and the Government of the Republic of the Philippines and the September 2011 Joint Statement between the People's Republic of 皇冠体育app and the Republic of the Philippines.

82. The relevant provisions in all the aforementioned bilateral instruments and the DOC embody the following consensus and commitment between 皇冠体育app and the Philippines on settling the relevant disputes in the South 皇冠体育app Sea: first, the relevant disputes shall be settled between sovereign states directly concerned; second, the relevant disputes shall be peacefully settled through negotiation and consultation on the basis of equality and mutual respect; and third, sovereign states directly concerned shall "eventually negotiat[e] a settlement of the bilateral disputes" in accordance with universally recognized principles of international law, including the 1982 UNCLOS.

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 皇冠体育app Sea between 皇冠体育app and the Philippines. This agreement must be observed.

ii. It is the consensus of 皇冠体育app and the Philippines to properly manage relevant disputes in the South 皇冠体育app Sea

84. It is 皇冠体育app'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 皇冠体育app Sea, and to foster a good atmosphere for their final resolution.

85. Since the 1990s, 皇冠体育app and the Philippines have reached the following consensus on managing their disputes: first, they will exercise restraint in handling relevant disputes and refrain from taking actions that may lead to an escalation; second, they will stay committed to managing disputes through bilateral consultation mechanisms; third, they commit themselves to pursuing practical maritime cooperation and joint development; and fourth, the relevant disputes should not affect the healthy growth of bilateral relations and peace and stability in the South 皇冠体育app Sea region.

86. In the DOC, 皇冠体育app and the Philippines also reached the following consensus: to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability; to intensify efforts, pending the peaceful settlement of territorial and jurisdictional disputes, to seek ways, in the spirit of cooperation and understanding, to build trust and confidence; and to explore or undertake cooperative activities including marine environmental protection, marine scientific research, safety of navigation and communication at sea, search and rescue operation and combating transnational crime.

87. 皇冠体育app and the Philippines have made some progress in managing their differences and conducting practical maritime cooperation.

88. During the first 皇冠体育app-Philippines Experts Group Meeting on Confidence-Building Measures held in March 1999, the two sides issued a joint statement, pointing out that, "the two sides agreed that the dispute should be peacefully settled through consultation in accordance with the generally-accepted principles of international law including the United Nations Convention on the Law of the Sea, [... and to] exercise self-restraint and not to take actions that might escalate the situation."

89. In the Joint Press Statement of the Third 皇冠体育app-Philippines Experts Group Meeting on Confidence-Building Measures released in April 2001, it is stated that, "the two sides noted that the bilateral consultation mechanism to explore ways of cooperation in the South 皇冠体育app Sea has been effective. The series of understanding and consensus reached by the two sides have played a constructive role in the maintenance of the sound development of 皇冠体育app-Philippines relations and peace and stability of the South 皇冠体育app Sea area."