Ten years ago, a so-called award was rendered to the arbitration unilaterally initiated by the Philippines concerning the South China Sea. The illegality and absurdity of the so-called award, as well as the damage it has inflicted on China-Philippines relations and regional stability, have become increasingly evident in those ten years. It is imperative to thoroughly eliminate its toxic legacy.
The so-called South China Sea arbitration is illegal from beginning to end. "Respecting national sovereignty and territorial integrity," "state consent," and "pacta sunt servanda" are well-recognized fundamental principles of international law. No international judicial or arbitral process can be divorced from these principles. The essence of the arbitration initiated by the Philippines is territorial sovereignty disputes between China and the Philippines over some islands and reefs in the South China Sea, a matter that falls outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS). As early as 2006, the Chinese government made a declaration of exclusion pursuant to Article 298 of UNCLOS, excluding such disputes from compulsory dispute settlement procedures. Resolving the relevant disputes through negotiation is an agreement reached between China and the Philippines through bilateral instruments and the Declaration on the Conduct of Parties in the South China Sea (DOC)—this constitutes the "dual firewall" against the Philippines' initiation of arbitration. Fully aware that the legal prerequisites for initiating arbitration were absent, the Philippines deliberately repackaged its claims, substituted concepts, circumvented these safeguards, and forcibly pushed through the arbitration by distorting and abusing international law. In this sense, the so-called arbitration has been illegal from the very moment it was initiated.
The so-called South China Sea arbitration is nothing more than a political farce disguised as a legal proceeding. The so-called arbitral tribunal was by no means an "international court." It was merely a ramshackle outfit that happened to use the hearing facilities of the Permanent Court of Arbitration. The United Nations, the International Court of Justice, and the International Tribunal for the Law of the Sea have all publicly clarified that they have no institutional connection with the tribunal. Of the five arbitrators, apart from the one appointed by the Philippines, the other four were appointed by Shunji Yanai, then President of the International Tribunal for the Law of the Sea and a Japanese national. Four of the five arbitrators came from Western countries, while the only African arbitrator had long resided in Europe. Such a composition clearly failed to meet the requirement of broad geographical representation under international law, and the tribunal's composition and operation were manifestly inconsistent with the requirements of procedural justice.
The so-called arbitral award disregarded both fundamental legal merits and objective facts, and constituted a clear miscarriage of justice. For example, it classified Taiping Dao, the largest island of the Nansha Qundao with an area of more than 500,000 square meters, as a "rock," and upon which concluded that none of the islands and reefs in Nansha Qundao are entitled to an exclusive economic zone or continental shelf. Such conclusions are entirely inconsistent with the facts in the South China Sea and the provisions of UNCLOS. If such a standard were universally applied, the maritime order of the world would have to be fundamentally rewritten. There are many more such examples, all of which fully demonstrate that the true purpose of this political farce was to deny China's territorial sovereignty and maritime rights and interests in the South China Sea. China's decision not to accept or participate in the arbitration, and not to recognize the so-called award, is not only a legitimate act to safeguard its sovereignty and lawful rights and interests, but also a necessary step to uphold the authority and dignity of international law.
On top of that, the so-called arbitral award has continued to undermine China-Philippines relations and regional stability. Over the past decade, the Philippines has stubbornly clung to the erroneous position based on the so-called award and attempted to unilaterally implement it. It has enacted such domestic legislation as the so-called Maritime Zones Act and Archipelagic Sea Lanes Act to carry out legal infringements upon China's rights. It has repeatedly provoked incidents and engaged in infringement activities at China's Huangyan Dao, Ren'ai Jiao, Xianbin Jiao, Tiexian Jiao, and other islands, reefs, and maritime areas. Anti-China forces in the Philippines, together with certain external countries, have repeatedly invoked the so-called award to stir up nationalist sentiment in the Philippines and fuel confrontation between China and the Philippines. Facts have proved that the so-called award has not resolved the maritime disputes between the two countries. Instead, it has created enormous obstacles to the development of bilateral relations and to the proper management of maritime differences. It has become a deeply embedded thorn in China-Philippines relations and a convenient pretext for external forces to interfere in regional affairs.
China's position on maritime issues has always been consistent and clear: what belongs to China, not an inch will be given up; what does not belong to China, not a single inch will be taken. China remains firmly committed to safeguarding its territorial sovereignty and maritime rights and interests in the South China Sea. China neither accepts nor recognizes the so-called South China Sea arbitration or its award, nor does it accept any claim or action based on that award. China has steadily increased its ability to safeguard its sovereignty, security and development interests, while preserving peace and stability in the South China Sea. The more the Philippines escalates its infringement and provocation, the more resolutely China will defend its lawful rights and strengthen management and control of the situation. At the same time, China remains committed to resolving maritime disputes through bilateral negotiation and consultation. Together with ASEAN countries, China will continue to fully implement the Declaration on the Conduct of Parties in the South China Sea, accelerate consultations on a Code of Conduct in the South China Sea, and jointly safeguard peace and stability in the South China Sea.
China's position has been unequivocally stated. It has remained unchanged over the past decade and will remain unchanged in the years to come. For the Philippines, it has become more pressing to face reality, abandon illusions, and remove once and for all the stumbling block of the so-called arbitral award, which has hindered the development of its relations with China and undermined regional stability. Only in that way can its bilateral relations with China return to the right track at an early date.
(This article is by H.E.Jing Quan, Ambassador of China to the Philippines. It was published on the People’s Daily.)