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published in(发表于) 2016/7/13 8:21:21 Edit(编辑)
Wang sea arbitration case: covered with legal coat political farce

Wang sea arbitration case: covered with legal coat political farce(王毅批南海仲裁案:披着法律外衣的政治闹剧)



Wang sea arbitration case: a political farce in legal coat Nanhai | | arbitration _ news

Chinese Foreign Minister Wang Yi, 12th on the so-called arbitral ruling statement pointed out that the South China Sea, today, a temporary formation of the arbitral tribunal, Nanhai arbitration case brought by the former Government of the Philippines to make the so-called ruling in an attempt to undermine China's territorial sovereignty and maritime rights and interests in the South China Sea. In this connection, the Ministry of Foreign Affairs issued a statement, indicates that the Chinese side does not accept, does not recognize the solemn stand of the award. Meanwhile, China's Foreign Ministry has also authorized to publish the People's Republic of China Government in the South China Sea territorial sovereignty and maritime rights and interests of the Declaration solemnly explains in the South China Sea, China's territorial sovereignty and maritime rights and interests. On this basis, I would like to further elaborate on China's stance:

First, the arbitration case from beginning to end was a South China Sea covered with legal coat political farce, of this nature must be thoroughly exposed.

Predecessor of the Philippines under the Government's scheme to manipulate some foreign forces, not agreed by the parties, abandoning the agreement to settle disputes through bilateral negotiations and consultations, in violation of the commitments in the Declaration on the conduct of parties in the South China Sea, unilaterally instituted so-called arbitration case. The goal is clearly not to properly resolve disputes between China and the Philippines, but aimed at violating China's territorial sovereignty and maritime rights and interests to the detriment of peace and stability in the South China Sea. Procedure and applicable law for such a far-fetched cognizance flawed the arbitration case by evidences and facts, the Chinese people would never accept international justice are also not accepted.

Second, China did not accept, does not participate in arbitration, is safeguarding the international rule of law and rules.

International law gives States the right to choose their own dispute resolution; the United Nations law of the Sea Convention gives Member States the right to exclude the compulsory jurisdiction procedure; China and ten ASEAN countries signed the Declaration on the conduct of parties in the South China Sea Express should direct the parties to resolve specific disputes through dialogue and negotiations. Therefore, China chose not to accept, not to participate in the arbitration, has sufficient legal basis, in line with the norms of the international law of the sea system is entirely in accordance with the law.

Tribunal's so-called ruling violates China's legitimate rights, challenges the norms of respect for the sovereignty and territorial integrity, and undermine the seriousness and integrity of the international legal regime for the oceans, impact on the basis of the Declaration on the conduct of parties in the South China Sea area rules. Establishment of the arbitral tribunal lacks legitimacy, do not have jurisdiction in the present case, obvious power, its decision was ultra vires and, unlikely to have any legal effect.

I would particularly like to point out is, there have been an increasing number of countries and people of insight, in particular the international legal profession shows concern and questioned in the case. More than 60 countries public understanding and support for China's stance and propositions, the voice of Justice, the international community should listen.

Third, in the South China Sea territorial sovereignty and maritime rights and interests have a solid historical and legal foundations, so-called arbitral award does not affect.

Statement issued by the Chinese Government today, once again, the Chinese in the South China Sea have the territorial sovereignty and maritime rights and interests. Including China's sovereignty over the South China Sea Islands; in China based on the sovereignty of South China Sea Islands have internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf; in the South China Sea have historical rights.

I want to stress here that China's territorial sovereignty and maritime rights and interests in the South China Sea, not only today put forward new ideas, including the South China Sea, broken line, are formed in a long historical process of objective facts, Chinese Governments have insisted. Any force trying to in any way derogatory or rejected China's territorial sovereignty and maritime rights and interests, will be in vain. On the issue of territorial sovereignty and maritime rights and interests, China will not accept any third party solution without China's consent, and will not accept any solution imposed on China. The controversial ad hoc arbitration tribunal and injustice can not represent international law, on behalf of the international rule of law, representative of the international equity and justice.

Finally, China will remain committed to the peaceful settlement of disputes through negotiation and consultation, safeguard peace and stability in the region.

As Builder of the international order and the maintenance of regional peace, China will continue to adhere to the basis of international law, through direct negotiation by the parties to resolve disputes peacefully; upholding States shall enjoy freedom of navigation and overflight; insist on full and effective implementation of the Declaration on the conduct of parties in the South China Sea, and within this framework to promote "South China Sea code of conduct" the process of consultation.

Arbitration case, and the resulting malicious speculation and political manipulation, the South China Sea into a tense confrontation risk, not exactly conducive to the maintenance of peace and stability in the region, completely in line with the Philippines, regional countries and the common interests of the international community as a whole. Now, this farce is over, when you are back on the right track.

China has noticed the new Philippine Government has recently made a series of statements, including the resumption of consultations and dialogues with China on the South China Sea issue. China is glad to see the new Philippine Government to take concrete action to show sincerity to improve Sino-Philippine relations with China, and properly control their differences to push relations back to the track of healthy development as soon as possible.

Finally, I would like to reaffirm that developing good neighborly relations with its neighboring countries, is China's persistent policy; protecting regional peace and stability, and China shoulder the international responsibilities adhere to the road of peaceful development, Chinese firm strategic option. China will uphold the basic purposes of the Charter of the United Nations and international relations guidelines, maintenance of international rule of law, equity and justice, promoting the cause of human peace and development, to continue to make its due contribution.

Responsible editor: Zheng Hanxing

Article keywords:
South China Sea Arbitration

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