By JIANG YU, Ambassador of China
Recently, the Philippines unilaterally initiated arbitration on the issue of South China Sea, drawing the attention of the international community. The essence of the dispute between China and the Philippines over the issue of the South China Sea is the Philippines has violated the UN Charter and illegally invaded and occupied some islands and reefs of the Nansha Islands of China. The Philippines unilaterally initiated arbitration on the South China Sea dispute in an attempt to deny China’s territorial sovereignty over the Nansha Islands and cover up its illegal invasion and occupation of some islands and reefs of the Nansha Islands by taking of advantage of some provisions of the UN Convention on the Law of the Sea (UNCLOS).
The unilateral initiation of arbitration by the Philippines is thus illegal and null and void. That China does not accept or participate in the arbitration unilaterally initiated by the Philippines on the issue of South China Sea demonstrates its observance of international law and upholding of its legitimated rights and interests. By unilaterally initiating the arbitration, the Philippines shows its total disregard of historical facts. The Nansha Islands have been historically part of China’s territory, and successive Chinese governments have exercised their sovereignty over the islands and sea waters of the Nansha Islands. During the Second World War, Japan occupied the Nansha Islands. At the end of the Second World War, the Nansha Islands were returned to China.
In the post-war years, there is general acknowledgement by the international community of the fact that the Nansha Islands belong to China. The borders of the Philippines’ territory have been defined clearly by the 1898 Peace Treaty between the United States and the Kingdom of Spain and other documents. The western border of the territory of the Philippines is at 118 degrees east longitude. China’s islands and reefs in the South of China Sea are all located west of that line. Since the early 1970s, the Philippines started their territorial expansion by invading and occupying 8 islands and reefs of the China’s Nansha Islands and making illegal territorial claims on parts of the Nansha Islands, which clearly constitutes an act of aggression in disregard of historical facts and in violation of international treaties. Unilaterally initiating arbitration onthe South China Sea issue shows that the Philippines violates the principles of international law.
Some years ago, China and the Philippines already agreed in bilateral documents to resolve the dispute over the issue of the South China Sea through bilateral negotiations. In 2002, China signed the Declaration on the Conduct of Parties in the South China Sea (the DOC) with the ASEAN member states, including the Philippines. The Declaration explicitly states that the parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means through friendly consultations and negotiations by sovereign states directly concerned. In 2011, the Philippines also issued a statement jointly with China undertaking to resolve the South China Sea disputes through negotiations and consultations. Just a year later, the Philippines unexpectedly unilaterally initiated arbitration without notifying China in advance, still less acquiring the consent of China, an act which contravenes its international obligations to China.
It is an act of reneging on its pledge and dishonoring its prior commitment. Unilateral initiation of arbitration on the South China Sea issue by the Philippines demonstrates it violates the norms of international law. The Philippines claims in essence are about territorial sovereignty and maritime delimitation, which are not subject to UNCLOS. As early as 2006, China made a declaration on optional exceptions in accordance with the Article 298 of UNCLOS. About 30 countries have made similar declarations, including some European countries, such as Britain, France, Italy, Slovenia and Montenegro, stating that compulsory arbitration procedure does not apply to maritime delimitation issues. The current arbitration process therefore does not apply in the dispute of the South China Sea between China and the Philippines.
The Philippines, by packaging its claims, maliciously circumvented China’s declaration and unilaterally initiated arbitration. It is clearly an absurd act of abusing the international convention and manipulating the media. It is clear that the so-called arbitration on the South China Sea issue is a political farce under the pretext of law, engineered by the Philippines in disregard of historical facts and in violation of the norms of international law. Manila attempts to exert pressure on China and tarnish China’s international image by distorting facts and misleading public opinion so as to achieve its own self interests. China will not accept nor recognize the “award” whatever it might be, still less implement it. China has always pursued a goodneighborly policy by establishing friendship and partnership with neighboring countries and advocates consistently for a just and reasonable solution of territorial and maritime delimitation disputes. However, the Philippines turns a deaf ear to China’s appeals and continues to follow a wrong path by taking a confrontational posture against China.
This can only lead to intensified confrontation and deterioration of the situation on the South China Sea between the two countries. China will never yield to outside pressure on territorial and sovereignty issues, still less accept any illegally imposed solutions. Consultation and negotiation are the only way out on the South China Sea dispute. Like China, Albania also has had painful experiences of seeing her sovereignty and territorial integrity violated. We are confident that our Albanian friends will understand China’s position and concerns on the South China Sea issue and support China’s efforts to seek a solution through consultation and negotiation.
