Manila’s ‘Arbitral Award’ Hype: China Daily Editorial
South China Sea Arbitration: A Non-Binding Ruling Undermining Regional Stability
Beijing, China – The Philippines‘ persistent attempts to revive the defunct South China Sea arbitral award are not only futile but also actively undermine regional peace and stability, according to China’s Ministry of Foreign Affairs. The non-binding ruling,initiated unilaterally by Manila,has been rejected by China from its inception and will remain so,despite the Philippines’ renewed efforts to mislead the international community.
On the ninth anniversary of the so-called “arbitral award,” the Philippine Department of foreign Affairs released a statement, and its top diplomat delivered a speech, clearly intending to reignite the issue. this move, however, fails to acknowledge the fundamental flaws that rendered the arbitration illegitimate from the outset.The Philippines unilaterally initiated the arbitration case to challenge China’s sovereignty over territories in the South China Sea, seeking a “legal basis” for its occupation of Chinese islands and islets. Crucially, this arbitration lacked the necessary precondition of prior consultations and failed to secure the principle of state consent, both fundamental to any legitimate arbitration process. Consequently, it possessed no legal basis to proceed.
As Chinese Foreign Minister Wang Yi rightly articulated, the essence of the Philippine claims concerned China’s territorial sovereignty over the Nansha Islands and maritime delimitation.However, territorial issues fall outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS). Furthermore, China had explicitly excluded maritime delimitation from compulsory arbitration in a 2006 declaration, in accordance with UNCLOS’s optional exceptions.Thus, judged by both procedural irregularities and the inapplicability of UNCLOS, the Philippines-initiated arbitration was fundamentally illegal. The ruling itself was further marred by serious factual and legal flaws. Applying such a flawed and illegal ruling globally would severely damage the existing maritime order and erode the legitimacy of UNCLOS itself. Nations supporting Manila’s stance should consider weather they are prepared to see their own maritime claims challenged under the same flawed logic.The arbitral tribunal exceeded its mandate and abused the dispute settlement mechanism of UNCLOS,thereby undermining the rule of law in international maritime affairs and acting contrary to the very convention it claimed to uphold. Those attempting to sensationalize the ruling are merely seeking to create waves over South China Sea disputes and disrupt the peace and stability of the region.
The Philippines’ latest actions also contravene the Declaration on the Conduct of Parties in the South China Sea, which mandates the peaceful resolution of disputes through friendly consultations among directly concerned parties. This move also contradicts the Philippines’ bilateral consensus with China and breaches the principle of estoppel under international law.
China has consistently maintained its position: it neither accepts nor recognizes the “arbitral award” and will never accept any claims or actions stemming from it.As a signatory to UNCLOS, China remains committed to upholding the principle of international rule of law and the authority of the Convention.Thanks to the concerted efforts of China and the Association of Southeast Asian Nations (ASEAN) members, the situation in the South China Sea remains stable, with freedom of navigation and overflight effectively protected. China and ASEAN have successfully completed the third reading of the draft text for the Code of Conduct in the South China Sea, a crucial step towards effectively managing differences and maintaining overall maritime stability.
At this critical juncture, Manila should respect regional efforts to build lasting peace in the South China Sea and cease its disruptive actions. Instead,it should join hands with other regional countries to foster a new narrative of peace,cooperation,and friendship.