Chinese FM spokesperson's remarks on Philippines' statement on 9th Anniversary of "2016 Arbitral Award on the South China Sea"

BEIJING, July 12 (Xinhua) -- China's position on the "2016 Arbitral Award on the South China Sea" is consistent and clear. The "award" is nothing but a piece of waste paper that is illegal, null and void, and non-binding, a Chinese foreign ministry spokesperson said here Saturday.

The spokesperson made the remarks when asked to comment that the Department of Foreign Affairs of the Philippines released a statement on the ninth anniversary of the "2016 Arbitral Award on the South China Sea," and its Secretary of Foreign Affairs delivered a keynote speech at a relevant forum.

The spokesperson said that China neither accepts nor recognizes the "award," and will never accept any claim or action arising from the award.

Noting that China's territorial sovereignty and maritime rights and interests in the South China Sea will not be affected by the "award" in any way, the spokesperson stressed a few points.

First, the "award" violates the basic principles of international law. Without a thorough exchange of views with China in advance -- an essential prerequisite -- the Philippines unilaterally initiated the "arbitration," which violated the common understandings reached between the two countries to peacefully settle disputes through consultation. This violates the article of the Declaration on the Conduct of Parties in the South China Sea (DOC) which states that the disputes should be resolved by peaceful means through friendly consultations and negotiations by sovereign states directly concerned, and violates the principle of "pacta sunt servanda", the doctrine of estoppel, and other basic principles of international law.

Second, the "award" violates the UN Convention on the Law of the Sea (UNCLOS). Land territorial issues are not regulated by UNCLOS. As early as 2006, maritime delimitation was clearly excluded by China from "compulsory arbitration" and other procedures. The Philippines disregarded China's declaration and insisted on initiating the "arbitration," which was an abuse of the UNCLOS dispute settlement mechanism. The "arbitral tribunal in the South China Sea arbitration" handled the case ultra vires, which infringed upon China's right as a state party to UNCLOS to choose on its own will the means for dispute settlement. The conduct completely deviates from the purpose of UNCLOS, substantially impairs the integrity and authority of UNCLOS, and seriously impacts the international rule of law of the sea. Many internationally authoritative law experts, including former president of the International Court of Justice and former judge of the International Tribunal for the Law of the Sea, have pointed out the serious flaws in the "award."

Third, the "award" runs counter to the basic facts related to the South China Sea. The "arbitral tribunal" severely erred in ascertaining facts and applying the law, and the rendered "award" is fundamentally flawed with obvious mistakes. The "award" characterizes Taiping Dao, the largest island in the South China Sea with an area of 500,000 square meters, as a rock rather than an island, and then concludes that no islands in Nansha Qundao generate entitlement to exclusive economic zone or continental shelf, which is fully inconsistent with the article of UNCLOS. By this "standard," many countries' claims would be unlawful, and the world's maritime landscape would be changed.

China is committed to the peaceful settlement of disputes with other countries concerned through negotiation and consultation, joint efforts with ASEAN countries to fully and effectively implement the DOC, adoption of a Code of Conduct as early as possible, and robust institutional safeguards for peace and stability in the South China Sea, said the spokesperson.

"We urge relevant countries to stop making reference to this illegal 'award,' still less making infringement and provocation," the spokesperson said, pointing out that this counterproductive move will only end up backfiring.