The Philippines has lately been selling the South China Sea arbitration case it unilaterallyinitiated to the international community while defaming China, claiming that China's non-acceptance of and non-participation in the arbitration undermines international rule oflaw. Such moves are best captured by a Chinese saying: the guilty party filing the suit first.The Philippine side is misleading public opinion by playing the "victim" in the arbitrationfarce it started in an attempt to cover up its moves that violate international law andtrample upon international legal order in pursuit of illegal interests for itself. Non-acceptance of and non-participation in the arbitration is the move China has made tosafeguard the international rule of law.
China's non-acceptance of and non-participation in the arbitration is to uphold thesanctity of the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOSdoes not apply to territorial disputes at all. Furthermore, China’s declaration inaccordance with UNCLOS in 2006 excludes disputes concerning maritime delimitationfrom arbitral proceedings. Undeniably, the dispute between China and the Philippines isin essence a dispute over territorial and maritime delimitation issues. In fact, thePhilippines' initiation of the arbitration, in total disregard of international law and thespirit of UNCLOS, undermines the authority and sanctity of the Convention. In responseto the Philippines' illegal moves, China refuses to "dance with it", and follows the policy ofnot accepting or participating in the arbitration. This position testifies to China's strongsense of responsibility, and is the righteous act China has taken to defend the legitimaterights and interests of a State Party to UNCLOS and to uphold the authority and sanctityof this international instrument.
China's non-acceptance of and non-participation in the arbitration is to honor the jointcommitment it has made with the Philippines. The two sides reached consensus a longtime ago on how to address the dispute. China and the Philippines have issued jointstatements and news releases on multiple occasions and they both signed the Declarationon the Conduct of Parties in the South China Sea (DOC), in which the two sides havepledged to settle disputes through friendly negotiations and consultations. By unilaterallyinitiating the arbitration, the Philippines has negated its solemn commitment to itsneighbors and the international community, and breached one of the core principles ininternational relations — Pacta sunt servanda ("agreements must be kept"), thusjeopardizing its own international credibility. By contrast, China's position of notaccepting or participating in the arbitration demonstrates that it is true to its words.
China's non-acceptance of and non-participation in the arbitration is to uphold its lawfulrights and interests. China has sovereignty over the South China Sea Islands and lawfulrights and interests in the South China Sea. No one, no country and no entity but theChinese government has the right to make the decision on behalf of the 1.3 billion Chinesepeople. The Philippines chose to illegally occupy some of China's islands and reefs in theSouth China Sea first, and then, file the case against China instead. Its purpose is no otherthan to cover up its illegal moves. China will not condone such illegal actions. China'sposition of non-acceptance of and non-participation in the arbitration is legitimate andjustified.
China's non-acceptance of and non-participation in the arbitration conforms with thegeneral practice in addressing international disputes. National consent is the very core andsoul of international law. The key to resolving disputes over territory and maritime rightsand interests is for parties directly concerned to reach consensus ad idem. The Philippines'unilateral initiation of arbitration is by no means aimed at resolving the dispute. Rather, itis to further complicate the situation and to vilify China. What the Philippines is doing isan out-and-out political provocation. By contrast, China's way of addressing disputes overterritory and maritime rights and interests through bilateral consultations andnegotiations has proven effective. As a matter of fact, China has properly settled landboundary issues with 12 countries and completed the delimitation of maritime boundaryin the Beibu Bay with Vietnam. China will continue to follow its current practice and willnot accept arbitration as a way to settle disputes over territory and maritime rights andinterests.
China is firmly committed to upholding and building the international rule of law. ThePhilippine's unilateral initiation of arbitration regarding the South China Sea is purely anattempt to sabotage the international rule of law and encroach upon China's rights andinterests under the cloak of international law. China's non-acceptance of and non-participation in the arbitration is a lawful and sensible response to the illegal moves of thePhilippines. In addressing the South China Sea disputes, it is of no use to employtreacherous means, scare-mongering or slandering, or resort to a third party. The onlyviable way forward is for the Philippines to admit its mistake, change its course, andreturn to bilateral negotiations and consultations.
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