Q: On July 11, US Ambassador to the Philippines MaryKay Carlson spoke at the Stratbase forum, claiming that the 2016 arbitral award remains final and legally binding and criticizing that China’s claims in the South China Sea have no legal foundation and China continues to engage in expansive and coercive actions to threaten freedom of navigation and overflight as well as other lawful uses of the sea. British Ambassador to the Philippines Laure Beaufils, Canadian Ambassador to the Philippines David Hartman, German Ambassador to the Philippines Andreas Pfaffernoschke and Japanese Ambassador to the Philippines Kazuya Endo made similar remarks at the same forum, and the embassies of some countries in the Philippines also issued statements on this. What is the comment of the Chinese Embassy?
A: China’s position on the so-called South China Sea arbitration and the award is consistent, clear and firm. The said arbitration is essentially a political circus dressed up as a legal action. The Philippines breached the common understandings with China on resolving the disputes in the South China Sea through consultation and negotiation, violated the article of the Declaration on the Conduct of Parties in the South China Sea (DOC) which stipulates parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, through friendly consultations and negotiations by sovereign states directly concerned. It has abused the UNCLOS dispute settlement mechanism, ignored China’s declaration which, according to UNCLOS, excludes maritime delimitation from compulsory dispute settlement procedures, and insisted on initiating the arbitration unilaterally. The ad hoc arbitral tribunal in the South China Sea Arbitration exercised its jurisdiction ultra vires and made an illegitimate ruling. The award thus rendered is illegal, null and void. China does not accept or recognize it, and will never accept any claim or action thereon. China’s sovereignty and relevant rights and interests in the South China Sea were established in the long course of history, and are solidly grounded in history and pursuant to law. This shall under no circumstances be affected by any illegal award.
The US ambassador and a few envoys have ignored facts and reversed right and wrong, annually roping in allies to play up the issue of the illegal award against China in a vain attempt to exert pressure on, and force China into accepting the award. Such behavior is doomed to be futile, and China firmly opposes it. It is widely recognized that the “arbitration case” and the subsequent hype were orchestrated and manipulated by some forces outside the region, with the aim of disrupting peace in the South China Sea and serving their own interests. More and more countries around the world have come to see the nature of this farce. China’s position is precisely about upholding the principle of international rule of law and the authority of UNCLOS. Thanks to joint efforts by China and ASEAN countries, the situation in the South China Sea remains stable, with freedom of navigation and overflight effectively protected. China and ASEAN countries are accelerating consultations on a Code of Conduct in the South China Sea, striving to establish a new narrative of peace, cooperation and friendship in the region. Any attempt to stir up trouble or sow discord will fail.