July 12, the Ministry of Foreign Affairs website reported that the spokesperson of the Ministry of Foreign Affairs answered questions from reporters on the statement issued by the Philippines regarding the "South China Sea Arbitration Award" nine years after its issuance.
Question: Recently, the Philippine Department of Foreign Affairs issued a statement on the "South China Sea Arbitration Award" which marks its ninth anniversary. The Philippine Foreign Minister delivered a keynote speech at a related seminar. What is China's comment on this?
Answer: China's position on the "South China Sea Arbitration Case" has always been consistent and clear. The so-called "award" is an illegal, invalid and non-binding piece of paper. China does not accept or recognize the so-called "award", nor does it accept any claims or actions based on this "award". China's territorial sovereignty and maritime rights and interests in the South China Sea are unaffected by this "award" under any circumstances. I would like to emphasize a few points again:
Firstly, the "South China Sea Arbitration Case" violates the basic principles of international law. The Philippines unilaterally initiated the "arbitration" without fulfilling the necessary prerequisite of sufficient prior exchanges of views, violating the consensus reached between China and the Philippines to peacefully resolve disputes through consultation, contravening the provisions of the Declaration on the Conduct of Parties in the South China Sea that direct parties should peacefully resolve disputes through friendly consultations and negotiations, and violating the basic principles of international law such as "pacta sunt servanda" and "estoppel".
Secondly, the "South China Sea Arbitration Case" violates the United Nations Convention on the Law of the Sea (UNCLOS). Issues regarding land territory are not within the scope of UNCLOS. Maritime boundary issues had already been clearly excluded from the "compulsory arbitration" procedures in 2006. The Philippines ignored China's statements and insisted on initiating the "arbitration", which constitutes an abuse of the dispute settlement mechanism of UNCLOS. The "arbitral tribunal" overstepped its authority, infringing upon China's right as a contracting state of UNCLOS to independently choose a method for resolving disputes. Its actions completely deviate from the purpose and objectives of UNCLOS, seriously undermining the integrity and authority of UNCLOS, and severely impacting the rule of international maritime law. Many authoritative international legal experts, including former presidents of the International Court of Justice and former judges of the International Tribunal for the Law of the Sea, have stated that the "award" contains serious errors.
Thirdly, the "South China Sea Arbitration Case" contradicts the fundamental facts of the South China Sea. The "arbitral tribunal" has major defects in fact finding and application of law, and the "award" is obviously wrong with numerous loopholes. The "award" incorrectly classified Taiping Island, the largest island in the Nansha Islands with an area of 500,000 square meters, as a rock rather than an island, and further concluded that no islands or reefs in the Nansha Islands could generate an exclusive economic zone or continental shelf. This is completely inconsistent with the provisions of UNCLOS. If this "standard" were applied, many countries' claims would be illegal, and the world's maritime order would be rewritten.
China has always been committed to peacefully resolving disputes with other parties in the South China Sea through negotiations, and fully and effectively implementing the Declaration on the Conduct of Parties in the South China Sea with ASEAN countries, and promoting the early adoption of the Code of Conduct in the South China Sea, to provide a strong institutional guarantee for maintaining peace and stability in the South China Sea. We urge relevant countries not to cite this illegal "award" as a piece of paper anymore, and not to attempt to use it as an excuse for infringement and provocation. The result will only be self-defeating and suffering the consequences themselves.
Original: https://www.toutiao.com/article/7526108573173170728/
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