By H. E. Wang Di, Chinese Ambassador to Canada

Ten years ago, the so-called “South China Sea Arbitration Award” was issued. For the past 10 years, instead of resolving the maritime disputes between China and the Philippines or bringing enduring peace and stability to the South China Sea, this political farce staged under legal pretext has only widened the divide and disrupted the efforts of regional countries to settle issues through dialogue and consultation. What I would like to emphasize is that China’s sovereignty over Nanhai Zhudao (the South China Sea Islands) and its relevant historic rights in the South China Sea are beyond denial. It has long been an overwhelming consensus of the international community that Nanhai Zhudao belong to China. Therefore, I recon it necessary to share the truth about the recent hype and so-called “commemoration” of this farce by certain countries to set the whole record straight.

The “arbitration” is completely a staged political farce. For many years, regional countries had managed differences and advanced cooperation through dialogue and coordination, and generally maintained peace and stability in the South China Sea. However, as the Chinese saying goes, as much as the tree may want to remain still, the wind just wouldn’t stop. The US and other non-regional countries, who are not parties to the South China Sea issue, should have maintained an objective and neutral stance on the sovereignty disputes over the South China Sea, But they have repeatedly endorsed the illegal and invalid so-called “award”, and built exclusive small circles in the South China Sea, all out of their selfish geopolitical interests. They provoke confrontation in the name of “conducting cooperation”, flex military muscles in the name of “upholding freedom”, and create regional instabilities in the name of “seeking order”. They deliberately fuel regional tensions, stoke up and embolden acts of interests violation and provocation, and sow discord among regional countries. Have they bridged differences and advanced peace, or increased tensions and escalated risks? The answer is clear for the international community to see.

The US is in no position to point fingers over the South China Sea issue. Whereas the US is yet to ratify the United Nations Convention on the Law of the Sea (UNCLOS) and claims that it is not subject to UNCLOS procedures, it plays up the supremacy of the UNCLOS out of ulterior motives, and arbitrarily uses the UNCLOS as a tool to smear, contain and suppress other countries. Under the disguise of the US and other countries, their selective application of rules on the South China Sea issue and global maritime affairs is more than clear. While they chant peace and the rule of law, they fan the flames, hand over weapons, and violate rules. While accusing other countries of “unilateral actions” and “coercion and bullying”, they place their domestic laws above international law and wantonly impose sanctions on others. The joint statement on the“South China Sea arbitration award”released by the US and other countries is just like a mirror which reveals their sheer double standards and hypocrisy.

Freedom of navigation in the South China Sea has never been a problem, nor is it a problem at present or will be in the future. But in recent years, the US, who is the cause of trouble, has put the blame on others instead. The US not only instigated, orchestrated and manipulated the “arbitration”, but has also deployed offensive weaponry, including land-based intermediate range missiles, repeatedly dispatched advanced naval ships and aircraft to conduct reconnaissance and military exercises in the South China Sea, some of which have intruded into China’s territorial waters and airspace, as well as the waters and airspace adjacent to China’s islands and reefs. Those behaviors are a classic case of chanting for “peaceful settlement” with its mouth while resorting to “gunboat diplomacy” in practice, which fully exposes its hegemonic logic and hypocrisy.

The “South China Sea Arbitration” is full of fallacies. From procedure to substance, this so-called “award” holds no water in every aspect. The issue of territorial sovereignty falls beyond the purview of the UNCLOS. With the optional exceptions declaration China made in 2006 pursuant to Article 298 of the UNCLOS, maritime delimitation disputes have been excluded from the compulsory dispute settlement procedures. The unilateral initiation of the “arbitration” violated the long-standing bilateral consensus as well as the article of the Declaration on the Conduct of Parties in the South China Sea (DOC) which states that disputes should be resolved by peaceful means through friendly consultations and negotiations by sovereign states directly concerned. The so-called “arbitral tribunal” committed systematic errors in both its findings of fact and its application of law. For example, it incorrectly classified Taiping Dao, the largest natural feature in the Nansha Qundao that has a complete natural ecosystem and the capacity to sustain human habitation, as a “rock”. Based on this erroneous classification, it reached the absurd conclusion that no feature in the Nansha Qundao could generate an exclusive economic zone or continental shelf. That is not explaining UNCLOS but an act of “rewriting” UNCLOS. If this standard were applied universally, the maritime claims of many countries would likewise be rendered invalid, fundamentally reshaping the global maritime order.

The “arbitration” violates fundamental principles of international law, including state consent and pacta sunt servanda, contravenes the UNCLOS itself, and, more importantly, runs counter to the basic facts of the South China Sea. Many authoritative international legal experts, including Phillip Saunders, Professor Emeritus of Schulich School of Law at Dalhousie University, have criticized and questioned the “award”. China does not accept or recognize the “award”, and does not accept any claim or action based on it. China’s territorial sovereignty and maritime rights and interests in the South China Sea shall not be affected by the “award” under any circumstances.

The South China Sea is the shared home for the countries in the region. It should not be a wrestling ground for international politics. For years, China and ASEAN countries have upheld the principles of mutual respect and consensus, effectively implemented the DOC, and steadily advanced consultation on the Code of Conduct in the South China Sea. Together, China and ASEAN countries have explored a path of maritime governance suited to regional realities while taking into account the interests of all parties. China will continue to uphold the fundamental principles of international law and basic norms of international relations as affirmed by the United Nations Charter, including respect for state sovereignty and territorial integrity and the principle of peaceful settlement of disputes. China remains committed to resolving the relevant disputes in the South China Sea through negotiation and consultation with countries directly concerned, on the basis of respecting historical facts and in accordance with international law, so as to maintain peace and stability in the South China Sea. We urge countries outside the region to earnestly respect these efforts made by China and regional countries to safeguard peace and stability of the South China Sea, to stop hyping up this illegal “award”, and stop stirring up troubles in the South China Sea.