China Rejects South China Sea Ruling as ‘Waste Paper’

Beijing Vows No Recognition of 2016 Arbitral Award

Beijing has reiterated its firm stance on the 2016 Arbitral Award concerning the South China Sea, dismissing it as illegal, null, and void. The Chinese Foreign Ministry spokesperson unequivocally stated that the ruling is considered nothing more than “waste paper” and will never be accepted.

Philippines Commemorates Award, China Responds

The comments came following a statement from the Philippines’ Department of Foreign Affairs and a keynote address by its Secretary of Foreign Affairs marking the ninth anniversary of the ruling. China has made it clear that it will not recognize any claims or actions stemming from this award.

Dispute Resolution Principles Questioned

The spokesperson highlighted several key reasons for China’s rejection, emphasizing that the award allegedly violates fundamental international law principles. These include the Philippines unilaterally initiating arbitration without prior consultations, which China asserts contravenes mutual understandings for peaceful dispute settlement and the Declaration on Conduct of Parties in the South China Sea (DOC).

South China Sea tensions: China criticizes Philippines for commemorating the 9th anniversary of the 2016 arbitral award. Beijing insists the ruling is illegal and non-binding. pic.twitter.com/example

— World News Agency (@WorldNewsAgency) July 12, 2024

Furthermore, China argues that the award contravenes the UN Convention on the Law of the Sea (UNCLOS). Beijing maintains that land boundary issues are outside UNCLOS’s scope and that it had previously excluded maritime delimitation from compulsory arbitration in 2006. The tribunal’s actions are deemed an abuse of the UNCLOS dispute settlement mechanism.

Factual and Legal Flaws Alleged

The spokesperson further criticized the award for allegedly being based on flawed fact-finding and legal application. A specific point of contention is the reclassification of Taiping Dao, the largest island in the South China Sea, as a rock. This, China argues, incorrectly denies Nansha Qundao features exclusive economic zone or continental shelf entitlements, a decision that could have widespread implications for maritime claims globally.

“The ‘award’ violates the basic principles of international law. Without a thorough exchange of views with China in advance — an essential prerequisite — the Philippines unilaterally initiated the ‘arbitration,’ which violated the common understandings reached between the two countries to peacefully settle disputes through consultation.”

—Chinese Foreign Ministry Spokesperson

China’s commitment to peaceful resolution through negotiation and consultation remains steadfast. The nation aims to work with ASEAN countries to implement the DOC and expedite the adoption of a Code of Conduct to bolster regional peace and stability. As of 2023, maritime disputes in the region continue to be a significant challenge to regional security, with several nations asserting overlapping claims.

Call for Cessation of Award References

The spokesperson urged relevant countries to cease referencing the award, warning that such actions could be counterproductive. The ministry stressed that provocations and infringements based on the ruling would ultimately backfire.