South China Sea Ruling Remains Null, China Insists

China is steadfast in its position that the 2016 South China Sea Arbitral Award holds no legal weight, responding to recent attempts by the Philippines to reignite the issue. The Chinese government views the award as an illegal and nonbinding decision.

Manila’s Renewed Efforts

The Philippine Department of Foreign Affairs has recently issued a statement, coinciding with the ninth anniversary of the “arbitral award.” A speech by a top Philippine diplomat further emphasized the anniversary, actions perceived by China as a deliberate attempt to revive the contentious matter.

China’s Rejection of the Award

According to China, the Philippines’ initiation of the arbitration case was a maneuver to challenge Chinese sovereignty over South China Sea territories and legitimize its occupation of islands and islets. China argues the arbitration lacked necessary preconditions, such as prior consultations and state consent, rendering it legally unfounded from the start.

Territorial Sovereignty

Foreign Minister Wang Yi stated that the core of the Philippine claims concerns China’s territorial sovereignty over the Nansha Islands and maritime delimitation issues. These issues, according to China, fall outside the scope of the United Nations Convention on the Law of the Sea (UNCLOS). China had previously excluded maritime delimitation from compulsory arbitration in 2006, in accordance with UNCLOS.

Flaws in the Ruling

China maintains that the Philippines-initiated arbitration case was illegal, citing procedural and applicability flaws. The “arbitration” tribunal’s ruling contained factual and legal errors. The application of such a flawed ruling globally would undermine the existing maritime order and UNCLOS legitimacy.

Violation of Agreements

China says the Philippines’ actions violate the Declaration on the Conduct of Parties in the South China Sea, which promotes peaceful resolution through consultations. These actions also contradict bilateral consensus between the Philippines and China and breach the principle of estoppel under international law. Recently, tensions have escalated with the China Coast Guard using water cannons against Philippine vessels near the Second Thomas Shoal (Council on Foreign Relations).

Commitment to Stability

China reiterates its non-acceptance of the “arbitral award” and any claims arising from it. As a UNCLOS signatory, China says it is committed to upholding international law and the Convention’s authority. Joint efforts between China and ASEAN members have maintained stability in the South China Sea, protecting freedom of navigation and overflight.

Path Forward

China suggests the Philippines should respect regional efforts to foster peace in the South China Sea and avoid stirring up discord. Instead, Manila should collaborate with other regional countries to establish a narrative of peace, cooperation, and friendship.