Q: According to the joint press release, during the meeting between Philippine Secretary for Foreign Affairs and the High Representative of the European Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, the two sides reaffirmed their commitment to respect freedom of navigation and overflight, expressed their concerns about China’s illegal, coercive, aggressive and deceptive measures against Philippine vessels and aircraft in the South China Sea, and reiterated their commitment to upholding international law, particularly United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 South China Sea Arbitration Award. What is the Embassy’s comment on this?

A: China’s sovereignty, rights and interests in the South China Sea have been established in the long course of history, are solidly grounded in history and the law, and are consistent with international law including the UN Charter. The disputes between China and the Philippines in the South China Sea are fundamentally a matter of territorial sovereignty, which falls outside the scope of the UNCLOS and therefore is not subject to its interpretation. The arbitral tribunal in the South China Sea Arbitration violated the principle of state consent, exercised its jurisdiction ultra vires, and rendered an award that disregards the law. As such, the award is unlawful, null and void, and entirely without legal effect. China does not accept or recognize the award and will not accept any claims or actions based on it.

The situation in the South China Sea remains generally stable recently, and freedom of navigation and overflight in this area has never been an issue. The tensions in some waters of the South China Sea are not caused by China. China firmly opposes any unilateral actions, infringements or provocations and is committed to safeguarding its territorial sovereignty and maritime rights and interests in accordance with law and regulations.

The EU is not a party to the South China Sea disputes and therefore has no standing to interfere in maritime disputes between China and the Philippines, nor to criticize China’s legitimate efforts to safeguard its territorial sovereignty and maritime rights and interests. We urge the EU to respect China’s territorial sovereignty and maritime rights and interests in the South China Sea and to refrain from actions that could escalate tensions. We also call on the Philippines not to bring external forces into the South China Sea disputes with China and to return to the right path of managing differences through dialogue and consultation with China.