Pahayag ng MOFA tungkol sa ika-8 anibersaryo ng umano’y “hatol ng arbitrasyon ng SCS”

CCTV: In the statements released on July 11, the US and the EU announced their support for the so-called arbitral award on the South China Sea and attacked China’s positions and propositions. What’s China’s comment?

Lin Jian: China noted the statements by the US and the EU. Let me make the following points:

First, the US selfishly refuses to accede to UNCLOS, and yet often lectures other countries on their implementation of UNCLOS. This is hypocrisy, double standard and selective application of international law.

Second, the US and the EU disregard the history and facts on the South China Sea issue, act against the UN Charter, and misinterpret UNCLOS and other international law. Their position and proposition do not hold water.

Third, the US has gone back on its public commitments of not taking a position on sovereignty issues in the South China Sea. It encouraged the Philippines to launch the arbitration on the South China Sea, and blatantly released a statement to endorse the award. This is political manipulation aimed at using allies to destabilize the South China Sea and the region and advance the nefarious agenda of going after China.

Let me stress that with the concerted efforts of China and ASEAN countries, the South China Sea has been generally stable. China will work with ASEAN countries to keep the South China Sea peaceful and stable, and contribute to regional prosperity and development. We urge countries outside the region led by the US to earnestly respect these efforts, refrain from statements and actions that disrupt regional peace and stability, and stop being a trouble maker in the South China Sea.

Shenzhen TV: On July 12, the Philippines released the Statement on the Eighth Anniversary of the 2016 Arbitral Award on the South China Sea. What’s your comment? 

Lin Jian: The arbitration case was initiated by the Philippines unilaterally in breach of the Philippines’ own commitment to China. The matters raised in the case were beyond the scope of jurisdiction of the arbitral tribunal set up temporarily at the unilateral request of the Philippines. The tribunal, however, took the case anyway and delivered a ruling which is illegal, null and void. The Philippines breached the common understandings it had reached with China on resolving the disputes in the South China Sea through bilateral consultation and negotiation. The Philippines violated 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 consultations and negotiations by sovereign States directly concerned. The Philippines abused the UNCLOS dispute settlement mechanism, ignored China’s declaration which, according to UNCLOS, excludes maritime delimitation from compulsory dispute settlement procedures, and insisted on initiating the arbitration. China has never accepted or taken part in the case. The arbitral tribunal violated the principle of state consent, and acted against UNCLOS and general international law. The award it rendered is illegal, null and void, and non-binding. China does not accept or recognize it, and will never accept any claim or action based on the award. China’s sovereignty and rights and interests in the South China Sea are under no circumstances affected by the award.

The South China Sea arbitration is essentially political circus dressed up as legal action. The Philippines let itself fall into the trap set by the US and some Western countries, be fettered, and become certain countries’ tool to gang up on China—all at the cost of the Philippines’ relations with China. The Philippines views the arbitral award and UNCLOS as the two cornerstones of its policy and action in the South China Sea. Yet the award is very much a deviation from UNCLOS, which means the Philippines has adopted a self-contradictory position. To cling to this position and the arbitral award will only get the Philippines farther and farther away from the right path. 

For a long period of time, in the interest of our overall bilateral ties with the Philippines and the peace and stability of the region, China has been committed to resolving relevant disputes with the Philippines through direct negotiation and friendly consultation on the basis of respecting historical facts and international law. We hope the Philippine side will honor its commitments, stop citing and hyping up the illegal award and get back onto the right track of bilateral negotiation for the disputes at an early date.