July 12 this year marks 10 years since the illegal award of the so-called "South China Sea Arbitration Case" was issued.As expected, the Philippines and some Western countries cooperated with each other and once again used this piece of waste paper to make a fuss.

An investigation by "International Critical Review" found that since mid-June, major media in the Philippines have increased their clamor around the illegal "ruling"; politicians such as the Philippine Defense Secretary have made unbridled accusations against China for not accepting or recognizing the illegal "ruling."The United States, Japan, the United Kingdom, Australia, Canada and other countries issued a so-called "joint statement" falsely claiming that China's "historic rights" claim in the South China Sea has no legal basis.But no matter how much noise they make, it cannot change the fact that the so-called "ruling" is illegal, invalid, and non-binding.China's territorial sovereignty and maritime rights and interests in the South China Sea will not be affected by the illegal "ruling" under any circumstances.

Ten years later, looking back on this illegal "arbitration" case, people can see more clearly: it was a "political farce cloaked in legal garb" from beginning to end. It can be called a scandal in the history of international arbitration, and there are serious fallacies in it.

What is "arbitration"?It should be initiated by the parties with unanimous consent and full exchange of views.Land territorial issues do not fall under the jurisdiction of the United Nations Convention on the Law of the Sea, and maritime delimitation issues were explicitly excluded from "compulsory arbitration" and other procedures by China in 2006.The Philippines unilaterally initiated the so-called "South China Sea Arbitration", which does not meet the legal requirements for initiating arbitration. It also violated the provisions of the Declaration on the Conduct of Parties in the South China Sea that require countries directly parties to peacefully resolve disputes through friendly negotiations, and broke the commitments made in the China-Philippines bilateral agreement.

At the same time, many international law experts pointed out that the so-called "arbitral tribunal" ignored the fact that the dispute between China and the Philippines was a territorial and maritime delimitation dispute over islands and reefs, violated the principle of consent of the parties, abused the dispute settlement mechanism of the United Nations Convention on the Law of the Sea, and forcibly expanded its jurisdiction. Its fairness and legality have been widely questioned.In addition, judging from the composition of the so-called "arbitral tribunal", most of the members were appointed by Shunji Yanai, the then president of the International Tribunal for the Law of the Sea and a right-wing Japanese judge.It can be seen that from the procedure to the substance, the so-called "South China Sea Arbitration Case" award contains serious fallacies. It is an illegal, invalid and non-binding "three noes" product.

Some people in the Philippines are well aware of this.The reason why they cling to the illegal "ruling" is that they want to package the Philippines as a "victim" and "rights defender" to deceive and mislead the international community.Especially since 2023, the Marcos government’s policy toward China has shifted significantly, and its violations and provocations against China on the South China Sea issue have escalated.This year, the Philippines serves as the rotating chair of ASEAN and wants to take the opportunity to increase hype on the South China Sea issue and insert relevant disputes into the multilateral agenda, thereby undermining the regional cooperation dialogue process.

No matter how the Philippines tries to cheat, China's attitude is consistent and clear - it does not accept or recognize the so-called "award", and it opposes and does not accept any claims and actions based on the "award".Because from both a historical and legal perspective, China has indisputable sovereignty over the South China Sea islands and their adjacent waters.

According to historical records, as early as the Western Han Dynasty in the 2nd century BC, the Chinese people sailed in the South China Sea and discovered the South China Sea Islands in long-term practice.China was the first to discover, name, and exploit the South China Sea Islands and related waters.Historically, China has exercised sustained, peaceful and effective jurisdiction over the South China Sea Islands and related waters through administrative establishment, naval patrols, resource development, astronomical surveying, geographical surveys and other means.For example, the "Genglubu" formed during the Ming and Qing Dynasties recorded the life and production and development activities of the Chinese people in the South China Sea Islands, and recorded the naming of the South China Sea Islands by Chinese fishermen.

From a legal perspective, China’s sovereignty over the South China Sea Islands and their adjacent waters complies with the principle of “acquiring territorial sovereignty through discovery and first occupation” under international law.After the end of World War II, China resumed the exercise of sovereignty over the South China Sea Islands in accordance with international legal documents such as the Cairo Declaration and the Potsdam Proclamation, which has been widely recognized by the international community.For quite a long time, Western countries, including the United States, have not objected to China’s territorial sovereignty and maritime rights and interests in the South China Sea.

Looking at the Philippines, its land territorial boundaries were gradually formed during the Spanish and American colonial periods. They were established through international treaties such as the Spanish-American Peace Treaty, the Spanish-American Treaty on the Cession of the Outlying Islands of the Philippines, and the Treaty on the Delimitation of the Boundary between British North Borneo and the American Philippines. Scarborough Shoal and the Nansha Islands are outside the territorial scope of the Philippines.A few days ago, relevant Chinese agencies issued a report, proving with detailed evidence that the Philippines’ intention to expand its territorial boundaries to Scarborough Shoal and some islands and reefs in the Nansha Islands lacks basic historical evidence and clearly violates the rules of international law regarding territorial acquisition.This further exposes the Philippines’ attempt to commit infringement and provocation under the guise of “legal principles”.

What is noteworthy is that from the illegal "ruling" issued ten years ago to the Philippines' frequent violations and provocations in the South China Sea over the past ten years, there is instigation and support from external forces behind it.In recent years, the United States and the West have frequently conducted military reconnaissance patrols in the name of safeguarding "freedom of navigation" in the South China Sea, deliberately raising the profile of the South China Sea issue.When Philippine President Marcos visited Japan and Canada a few days ago, he frequently mentioned the so-called "South China Sea Arbitration Case", with an obvious intention to attract foreign forces to endorse his illegal claims.

Chen Xiangmiao, an expert at the China South China Sea Research Institute, analyzed in "International Critical Review" that some countries in the United States and the West are inciting the Philippines to confront China on the South China Sea issue and hyping up illegal "rulings" in order to muddy the waters of the South China Sea to contain China, and use this to slander China for "undermining" international rules and the rule of law, and smearing China's international image.

What is fake cannot be true, and what is black cannot be white.Who is really safeguarding peace in the South China Sea?Who is using illegal "rulings" to stir up trouble?Facts have already given the answer.The Chinese government has issued statements and white papers on many occasions, insisting that relevant disputes in the South China Sea be resolved through negotiation and consultation with the 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.

At present, with the joint efforts of China and most ASEAN countries, the situation in the South China Sea is generally stable.China is accelerating consultations with ASEAN countries and strives to reach the "South China Sea Code of Conduct" as soon as possible to make the South China Sea a sea of ​​peace, friendship and cooperation.If the Philippines continues to use the illegal "ruling" as a piece of waste paper, or even uses it to infringe, provoke, and undermine regional peace, it will surely suffer the consequences.

(International Critical Commentator)

Source: CCTV News Client

[Editor: Ye Pan]