Translation. Region: Russian Federal
Source: People's Republic of China in Russian – People's Republic of China in Russian –
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Source: People's Republic of China – State Council News
BEIJING, July 12 (Xinhua) — China's position on the "2016 South China Sea arbitral award" is consistent and clear. The "arbitral award" is just an illegal, invalid and non-binding piece of paper, a Chinese Foreign Ministry spokesperson said Saturday.
A Chinese Foreign Ministry spokesman made the remarks while commenting on the remarks by the Philippine Foreign Ministry on the occasion of the ninth anniversary of the "2016 South China Sea Arbitration Award" and the policy speech by the country's Foreign Minister at a relevant forum.
According to the Chinese diplomat, China does not accept or recognize the so-called “arbitral award” and will never accept any claims or actions based on this award.
Noting that the “decision” does not in any way affect China’s territorial sovereignty, its maritime rights and interests in the South China Sea (SCS), the diplomat emphasized several points.
First, the “arbitral award” violates the fundamental principles of international law. Without fulfilling the necessary precondition of a full exchange of views with China, the Philippines unilaterally initiated the “arbitration,” which violated the consensus reached between the two countries on the peaceful settlement of disputes through consultations. This violates the articles of the Declaration on the Conduct of Parties in the South China Sea, which states that disputes shall be settled peacefully through friendly consultation and negotiation between the sovereign states directly concerned, as well as the principle of “pacta sunt servanda” (treaties shall be respected), the doctrine of estoppel, and other fundamental principles of international law.
Second, the “arbitral award” violates the United Nations Convention on the Law of the Sea /UNCLOS/. Land territorial issues are not covered by the said Convention. As early as 2006, China explicitly excluded maritime delimitation issues from “binding arbitration” and other procedures. The Philippines ignored China’s statement and insisted on initiating “arbitration proceedings”, which is an abuse of the dispute settlement mechanism provided for in UNCLOS. The “South China Sea Arbitral Tribunal”, by considering the case beyond its jurisdiction and authority, violated China’s right as a State Party to UNCLOS to independently choose dispute settlement methods. Such behavior is completely contrary to the purpose of UNCLOS, seriously undermines the integrity and authority of the Convention, and affects the supremacy of international maritime law. Many authoritative international legal experts, including the former President of the International Court of Justice and a former judge of the International Tribunal for the Law of the Sea, have pointed out serious errors in the “award”.
Third, the “arbitral award” is contrary to the proven facts related to the South China Sea. There are serious shortcomings in the fact-checking and law enforcement of the “arbitral award,” and the “award” it rendered is riddled with obvious errors and flaws. The “award” characterizes Taiping, the largest island of the Nansha Islands with an area of 500,000 square meters, as a reef rather than an island, and then concludes that none of the islands of the Nansha Islands are suitable for establishing an exclusive economic zone or continental shelf, which is completely contrary to the articles of the UN Convention on the Law of the Sea. Based on this “standard,” many countries’ territorial claims are illegal, and the ocean architecture needs to be rewritten.
China is committed to peacefully resolving disputes with other countries concerned through negotiations and consultations, and aims to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea with ASEAN countries, quickly adopt the Code of Conduct of Parties in the South China Sea, and create reliable institutional guarantees for peace and stability in the region, the ministry representative noted.
“We urge the relevant countries to stop referring to this illegal ‘arbitral award’, much less using it as a pretext to violate China’s sovereignty and provoke,” the Chinese diplomat added, stressing that these counterproductive steps will lead to the realization that the game was not worth the candle and now it is time to reap what was sown. -0-
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