China South China Sea Arbitration Remarks
China Rejects South China Sea Arbitration Award, Citing Legal and Factual Flaws
Beijing, China – China has unequivocally rejected the arbitral award concerning the South China Sea, asserting that the ruling is null and void and will not be accepted in any form. A spokesperson for the Chinese Foreign Ministry emphasized that the award has no bearing on China’s territorial sovereignty or maritime rights and interests in the region. The spokesperson outlined several key reasons for China’s firm stance, highlighting alleged violations of international law, the UN Convention on the Law of the Sea (UNCLOS), and basic factual realities.
The spokesperson stated that the arbitration process, initiated unilaterally by the Philippines without prior thorough consultation with China, violated the spirit of peaceful dispute resolution. This action, it was argued, contravened the Declaration on the conduct of Parties in the South China Sea (DOC), which mandates that disputes be settled through friendly consultations and negotiations between directly concerned sovereign states. Moreover, the process was accused of violating the principle of “pacta sunt servanda” (agreements must be kept) and the doctrine of estoppel, fundamental tenets of international law.
A significant point of contention raised was the alleged violation of UNCLOS itself. China maintains that territorial and sovereignty issues are outside the scope of UNCLOS. The spokesperson reiterated China’s 2006 declaration excluding maritime delimitation from compulsory arbitration. The Philippines’ insistence on pursuing arbitration despite this declaration was characterized as an abuse of the UNCLOS dispute settlement mechanism. the arbitral tribunal was accused of acting “ultra vires” (beyond its powers), infringing upon China’s sovereign right to choose its own dispute settlement methods. This conduct, the spokesperson argued, deviates from UNCLOS’s purpose, undermines its integrity and authority, and damages the international rule of law concerning the sea. The statement also referenced opinions from internationally recognized legal experts, including former presidents of the International Court of Justice and judges of the International Tribunal for the Law of the sea, who have reportedly identified serious flaws in the award.
The “award” was also criticized for being contrary to basic facts concerning the South China Sea. The tribunal was accused of making severe errors in fact-finding and legal application.A specific example cited was the classification of Taiping Dao, the largest island in the South China Sea, as a “rock” rather than an island. This classification led to the conclusion that no features in the Nansha qundao (Spratly Islands) generate entitlements to an exclusive economic zone or continental shelf, a finding China asserts is inconsistent with UNCLOS provisions.The spokesperson warned that applying such a standard would render many countries’ maritime claims unlawful and fundamentally alter the global maritime landscape.
China reaffirmed its commitment to the peaceful settlement of disputes through negotiation and consultation with other concerned countries.The nation also expressed its dedication to working with ASEAN countries to fully and effectively implement the DOC, expedite the adoption of a Code of Conduct, and establish robust institutional safeguards for peace and stability in the South China Sea.
Concluding the statement, the spokesperson urged relevant countries to cease referencing the “illegal award” and refrain from any infringements or provocations. Such actions, the spokesperson warned, are counterproductive and will ultimately backfire.