South China Sea 'award' condemned

China's nonacceptance and nonrecognition of the so-called "2016 South China Sea arbitration award" demonstrate its opposition to the abuse of law and its commitment to upholding the international rule of law, participants said on Monday at a forum in Hong Kong.

"The conduct of the arbitral tribunal and the 'award' seriously deviate from international law and the general practice of international arbitration," Qi Dahai, director-general of the Department of Treaty and Law of the Chinese Foreign Ministry, told the Roundtable Dialogue on South China Sea Security.

On July 12, 2016, an ad hoc arbitral tribunal, unilaterally initiated by the Philippines and backed by external meddling, issued a so-called "award" on the South China Sea in favor of the Philippines. China immediately declared the "award" null and void, stating that it has no binding force.

Calling the "arbitration" a unilateral move for political purposes, Qi said that the tribunal set a pernicious precedent.

He said that it has negatively affected the international rule of law, undermining the purpose of the United Nations Convention on the Law of the Sea, or UNCLOS, to promote the peaceful settlement of disputes and infringing upon China's legitimate rights as a sovereign state.

"Respecting and abiding by international law never means that a state must accept illegal jurisdiction that is manifestly a political setup," Qi said.

Wu Shicun, chairman of the Huayang Center for Maritime Cooperation and Ocean Governance, said that the "South China Sea arbitration" and the "award" are fundamentally distorted and have been turned into a tool for the Philippines and others seeking to fabricate the narrative of a "China threat".

"While exposing the errors and flaws of the 'award' itself, we must also expose to the world the interest chains that have been formed through exploiting the 'award'," said Wu, who is also chairman of the academic committee at the National Institute for South China Sea Studies.

Stephen Fietta, founder of the law firm Fietta LLP in the United Kingdom, cited the state practice of other countries in applying UNCLOS and concluded that the "award" has had a limited impact on the development of international law, particularly regarding maritime claims around small island features and the status of historical rights.

Huang Jiefang, secretary-general of the Asian Academy of International Law, said, "Amid current global transformation and geopolitical rivalries, safeguarding peace, stability and security in the South China Sea holds paramount and practical importance."

Ruhanas Harun, a professor at the National Defence University of Malaysia's Department of International Relations, Security, and Law, said that security issues in the South China Sea should be managed through diplomacy to reach a peaceful settlement.

Jayanath Colombage, former chief of Sri Lanka's navy, told China Daily that countries involved in the South China Sea should focus on economic cooperation and find solutions through regional dialogue, rather than confronting China on behalf of external parties.

"No country (involved) in the South China Sea should fall into this trap (set by external parties)," said Colombage, who is also a former Sri Lankan ambassador to Indonesia and the Association of Southeast Asian Nations.

Lee Seo-kwoo, a professor of international law at Inha University Law School in South Korea, told China Daily that beyond examining the "award" itself, it is also necessary to reexamine the UNCLOS dispute-resolution mechanism.

Lee noted that the International Tribunal for the Law of the Sea, or ITLOS, has handled only 36 cases since it began operating 30 years ago, and many of its judges lack specialized expertise in the law of the sea.

Jointly compiled by the National Institute for South China Sea Studies and the Huayang Center for Maritime Cooperation and Ocean Governance, the report "A New Critique of the South China Sea Arbitration Award" was released during the event.

Phillip Saunders, professor emeritus of law at Dalhousie University's Schulich School of Law in Canada, told China Daily that the report is timely, as it places the issue in a new context while emphasizing the need for regional cooperation and correcting international misunderstandings.