CHINA AND ISLANDS IN THE SOUTH CHINA SEA

Intro: The United Nations Convention on the Law of the Sea has no jurisdiction on territorial sovereignty, which, in China’s view, makes the court’s award illegal and invalid

Two Chinese Su-30 fighter jets take off from an unspecified location to fly a patrol over the South China Sea.

On July 19, an article appeared on this site entitled, China: An international ruling over the South China Sea.

Unilaterally initiated by the Philippines, the Arbitral Tribunal for the South China Sea announced its decree in July. China immediately responded by rejecting the court’s findings and the narrative here relates to why China has done so.

Firstly, Beijing insists that the Tribunal abused its authority by meddling in territorial issues. The disputes between China and the Philippines are about territorial sovereignty. China has held historical rights over the islands for some 2000 years without any disputes until the 1970s when the Philippines started to occupy China’s islands following reported discoveries of oil and natural gas in the region. According to its own rules, The United Nations Convention on the Law of the Sea has no jurisdiction on territorial sovereignty, which, in China’s view, makes the court’s award illegal and invalid.

Secondly, China decries that the ruling violated China’s legal rights. Beijing says that in light of international law, any country has rights to not accept dispute settlement imposed upon it on issues concerning territorial disputes. What is more, in 2006 China made a declaration excluding from arbitration matters concerning maritime delimitation. Over 30 countries (including the UK) have also made similar moves. In doing so, the award violated China’s rights.

Thirdly, Beijing claims that the court’s decree has harmed the international practice of peaceful settlement of disputes. China says it adheres to a peaceful foreign policy, one which seeks to settle disputes through negotiation and consultations. China has signed boundary treaties with 12 of its 14 land neighbours through bilateral negotiations in a spirit of equality and understanding. China has also been at pains to point out that it has reached consensus with the Philippines on settling their regional disputes through negotiation. However, the Tribunal turned a blind eye to it, damaging China’s goodwill.

And fourthly, China argues that the arbitration has intensified tensions in the region. Despite the disputes, the region remains peaceful with freedom of navigation unaffected. Beijing insists that the arbitration’s ruling will now accelerate tensions with countries outside the region and will be using it as an excuse for further interference and muddying the waters for their own interests.