China's Position on South China Sea Arbitration: A Distinction of Principle and Law

Strategic Insights -

China's Foreign Minister, Wang Yi, highlighted the flaws in the South China Sea arbitration case initiated by the Philippines, emphasizing that it lacked the necessary requirements of prior consultations and state consent. This unilateral approach contradicts the Declaration on the Conduct of Parties in the South China Sea, which advocates for peaceful resolution through friendly consultations between directly concerned parties. The arbitration's substance concerns China's territorial sovereignty over the Nansha Islands and maritime delimitation issues, which are outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS). The Chinese Foreign Minister stressed that the arbitration tribunal has exceeded its mandate, abused the UNCLOS dispute settlement mechanism, and committed acts contrary to the Convention.

Key Takeaways:

  • The arbitration case initiated by the Philippines lacks the necessary requirements of prior consultations and state consent, violating the Declaration on the Conduct of Parties in the South China Sea.
  • The substance of the Philippines' claims concerns China's territorial sovereignty over the Nansha Islands and maritime delimitation issues, which are outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS).
  • China had categorically excluded maritime delimitation from binding arbitration in 2006, in line with UNCLOS's provisions on optional exceptions to the applicability of the Convention.
  • The arbitral tribunal has exceeded its mandate and abused the UNCLOS dispute settlement mechanism, undermining the rule of law in international maritime affairs.
  • The arbitration tribunal's decision contains serious factual and legal inaccuracies, including the erroneous classification of Taiping Island as a rock.
  • The decision contradicts both the facts on the ground and the provisions of UNCLOS, with implications for the existing maritime order.
  • China's position is to support the principle of the supremacy of international law and the authority of UNCLOS, ensuring peace, cooperation, and friendship in the region.
  • China is accelerating consultations with ASEAN countries on the Code of Conduct in the South China Sea to create a new atmosphere of peace, cooperation, and friendship.

Statistics:

  • The arbitration tribunal's decision has serious factual and legal inaccuracies, according to Chinese Foreign Minister Wang Yi.
  • Taiping Island, the largest naturally formed island in the Nansha Islands, has an area of over 500,000 square meters.
  • Of the five permanent members of the UN Security Council, only the United States has not acceded to UNCLOS, while the other four countries, including China, have made similar exclusion statements.
  • China has excluded maritime delimitation from binding arbitration since 2006.

Sources:

  • Xinhua
  • State Council News