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A fishing fleet returns to Sanya Port in the southernmost province of Hainan, July 29, 2012, concluding its voyage of casting nets in the South China Sea. (Xinhua/Hou Jiansen)
by Xinhua Writers Meng Na and Cheng Zhuo
BEIJING, July 12 (Xinhua) -- Much like a poisoned tree, which will never bear good fruit, the award issued in the South China Sea arbitration was contaminated from the start.
A belligerent claimant, a biased arbitrator and an absence of rationality: Hardly fertile ground for impartiality.
The arbitration is the sum of its parts, and it was doomed from the beginning. Thus, rather than setting a precedent, the whole process has left an ugly scar on the international legal system.
The tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award on Tuesday, amid a global chorus that the panel has no jurisdiction.
The five-member tribunal offered a summary of its decisions, which sweepingly side with the claims filed by the administration of former Philippine President Benigno S. Aquino III.
China said it neither accepts nor recognizes the award.
The international justice and dispute settlement system should be a bastion of impartiality, rationality and fairness. On this occasion, however, it appears that politics and vested interests have chipped away at these foundations and undermined the legal forum itself.
The award, cloaked under the name of law, is a poor imitation of justice.
The unilaterally-initiated arbitration was an attempt by the Philippines to discredit China's territorial sovereignty, and its maritime rights and interests in the South China Sea. Unsurprisingly, the Philippines has kept quiet over its own illegal practices on some islands and reefs around China's Nansha Islands.
Moreover, interference from certain countries has only muddied the water further, exposing the arbitration case for what it is: Pure political provocation.
The United States, for example, is not a directly concerned party nor a signatory of the Declaration on the Conduct of Parties in the South China Sea, nor a country that has acceded to the United Nations Convention on the Law of the Sea (UNCLOS). Yet, this has not stopped it from being vocal about the issue.
The arbitral tribunal has failed to be objective, and seems to have forgotten the essence of UNCLOS and international law, which encourage respect, understanding and cooperation.
Consequently, the only precedent that has been set is that opportunistic claims will be encouraged, leaving negotiations by the wayside.
The pursuit of a peaceful, cooperative South China Sea region should be the common goal of everyone, regardless if they are directly involved or not.
To that end, it is imperative that the issue is brought back to the negotiation table, as peaceful settlement through dialogue and consultation are the only viable way to solve disputes.
Also, those who are not directly concerned should at least refrain from meddling in and escalating the tensions.
The award could never have solved the issue but at least it puts an end to this unfair arbitration process, allowing all concerned parties to restart negotiations.
China's commitment and resolve to seek solutions via peaceful talks and to work with members of the Association of Southeast Asian Nations to encourage cooperation and uphold peace and stability in the South China Sea will never change.
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Spotlight: Law-abusing tribunal issues ill-founded award on South China Sea arbitration, draws worldwide criticism
THE HAGUE, July 12 (Xinhua) -- The tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award on Tuesday, sweepingly siding with Manila's cunningly packaged claims.
The process and outcome of the three-year-long arbitration have drawn criticism from dozens of countries and numerous experts across the world, who pointed out that the panel has no jurisdiction and its decision is naturally null and void. Full story
Spotlight: Ill-founded award on South China Sea arbitration draws worldwide criticism
THE HAGUE, July 12 (Xinhua) -- An arbitral tribunal on the South China Sea rendered ruling on Tuesday, resulting in a deluge of criticism from China and other countries.
The 479-page award issued by a five-member tribunal is sweepingly in favor of the claims filed by the administration of former Philippine President Benigno S. Aquino III, which unilaterally lodged the arbitration. Full story
China refutes U.S. statement on South China Sea arbitration award
BEIJING, July 12 (Xinhua) -- China is strongly displeased with a press statement issued by the Spokesperson of the U.S. State Department on Tuesday on the award issued by the South China Sea arbitration tribunal unilaterally initiated by the former Philippine government.
Foreign Ministry spokesperson Lu Kang said in a statement that China is firmly opposed to the U.S. statement and has lodged solemn representations with the U.S. side. Full story
Chinese foreign minister says South China Sea arbitration a political farce
BEIJING, July 12 (Xinhua) -- The South China Sea arbitration, unilaterally initiated by the Philippines, is a political farce made under the pretext of law, Chinese Foreign Minister Wang Yi said Tuesday.
Wang made the remarks after an Arbitral Tribunal handling the South China Sea arbitration case issued its final award on Tuesday. Full story
International law dishonored by illegal award on South China Sea arbitration: Chinese diplomat
THE HAGUE, July 12 (Xinhua) -- The ruling on the South China Sea arbitration issued by a court in The Hague is a disgrace to international law, Chinese Ambassador to the Netherlands Wu Ken told the press on Tuesday.
"Today is a 'black Tuesday' for The Hague, 'the capital of international law'," Wu commented. Full story
China asks Japan to stop interfering in South China Sea
BEIJING, July 12 (Xinhua) -- China has asked Japan to stop interfering in the South China Sea issue, a Chinese Foreign Ministry spokesperson said Tuesday.
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China resolved to defend territorial sovereignty, maritime interests: People's Daily
BEIJING, July 12 (Xinhua) -- The Chinese people are resolved to defend the country's territorial sovereignty and maritime rights and interests in the South China Sea, said the People's Daily in a commentary to be carried on Wednesday.
The tribunal handling the South China Sea arbitration case issued its award on Tuesday, amid a global chorus that the panel has no jurisdiction. Full story
Commentary: South China Sea arbitration a scar on international legal system
BEIJING, July 12 (Xinhua) -- Much like a poisoned tree, which will never bear good fruit, the award issued in the South China Sea arbitration was contaminated from the start.
A belligerent claimant, a biased arbitrator and an absence of rationality: Hardly fertile ground for impartiality. Full story
Interview: South China Sea arbitration award resolves nothing, stirs tension: expert
PHNOM PENH, July 12 (Xinhua) -- The award of an arbitral tribunal in the South China Sea arbitration established at the request of the Philippines will resolve nothing and merely stir regional tension, an expert here said Tuesday.
The tribunal unilaterally initiated by the former Philippine government issued its final award on Tuesday, amid a global chorus that the panel has no jurisdiction. Full story
THE HAGUE, July 12 (Xinhua) -- The award issued by the South China Sea arbitral tribunal will not resolve any disputes and the court had no authority to accept the case, a Dutch law expert told Xinhua.
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Commentary: Time to end South China Sea arbitration farce
BEIJING, July 12 (Xinhua) -- The South China Sea arbitration came to an end with an arbitral tribunal in The Hague issuing an award on Tuesday, but the verdict is null and void and only serves to complicate the situation in the region.
With obvious loopholes and deliberate proceedings circumventing regular arbitration rules, the tribunal undermines international law and sets a bad example for settling sovereign disputes. Full story
