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Justified Rejection

2016-08-08

Beijing Review 2016年29期

The ruling of the South China Sea arbitration, which was unilaterally initiated by the now-defunct Aquino III administration of the Philippines, was announced on July 12. Immediately following the announcement, Chinas Foreign Ministry released a statement, denouncing it as a null and void award that China will never recognize or accept.

The subject matter of the arbitration concerns Chinas sovereignty over its territories in the South China Sea as well as the maritime delimitation between China and the Philippines. However, territorial disputes are not subject to the United Nations Convention on the Law of the Sea (UNCLOS). Also, China has declared in accordance with UNCLOS that it excludes maritime delimitation disputes from compulsory dispute settlement procedures. The ad hoc arbitral tribunal, allegedly established under UNCLOS, therefore should not have exercised jurisdiction over the case in the first place, let alone issued an award.

Nevertheless, by granting this award, the tribunal has damaged the authority of UNCLOS. It has also disregarded the legality of UNCLOS state parties optional exemptions. Worse still, the tribunal has ignored the long history of Chinas sovereignty over the South China Sea Islands and the legitimacy of its rights and interests. The ruling, which denies Chinas historic rights in the sea, gives the impression that it serves just one purpose—to undermine Chinas interests.

Such an arbitration award has no credibility. Chinas refusal to accept the award shows its commitment to safeguarding UNCLOS. A large number of countries around the world have voiced their support for Chinas rejection of the ruling.

In the eyes of Chinese observers, the South China Sea arbitration is a farce under the pretext of international law performed by the Philippines previous administration as well as the United States. The observers claim that in order to stage this political theater designed to breach Chinas territorial sovereignty and rights and interests in the South China Sea, the two countries have gone so far as to trample on UNCLOS.

Regarding its territorial sovereignty as well as maritime rights and interests, China does not accept any means of third-party dispute settlement or imposed solutions.

China has had a consistent attitude toward the South China Sea issue. It adheres to the position of settling disputes through negotiation and consultation and managing differences through relevant rules and mechanisms. China endeavors to achieve mutually beneficial outcomes through collaboration. The countrys position will not change after the arbitration.