The Uncontested Factual Background

Abstract

On 28 April 2012, a Chinese law enforcement vessel approached two Philippine vessels, on separate occasions, at high speed and at a very short distance. On 26 May 2012, a Chinese law enforcement vessel attempted to cross the starboard bow of a Philippine official vessel twice, after which another Chinese vessel attempted the same maneuver. Subsequently, the Philippine vessel proceeding to Scarborough Shoal was pursued by three Chinese vessels. Two more attempts were made to cross its starboard bow, followed by an attempt to ram it.China failed to contest this factual account, in sharp contrast to its attempts to present its own version of the facts to prove that its construction activities at seven reefs in the South China Sea caused no harm to the marine environment. China did not contest the Philippine account in order to spare itself the embarrassment of being proved wrong. China had had such an experience in 2009, when its denials of the conduct of Chinese official and fishing vessels toward the US vessel Impeccable were proven to be untrue by video evidence put online by the US.KeywordsCOLREGSScarborough ShoalUSS Impeccable