China is not getting a fair shake, expert says

Editor's Note: Myron Nordquist is the associate director and editor of the Center for Oceans Law and Policy at the University of Virginia. He is also a senior fellow at the Center for National Security Law at the University of Virginia School of Law. He spent more than 30 years on maritime law studies, including being editor-in-chief of a seven-volume commentary on the United Nations Convention on the Law of the Sea. Chen Weihua, deputy editor of China Daily USA talked with Nordquist in a telephone interview regarding the South China Sea arbitration case initiated by the Philippines. The following are excerpts from the interview.

Does the tribunal have the legal right to arbitrate on the case?

The tribunal has the right to arbitrate. But the real question is: Should the case even be there at all? I can say with some authority that the big item on dispute was there were those who want to subject everything to dispute settlement. And there were those very skeptical about anything. Russia is very skeptical about this dispute settlement system. And the United States wasn't even a party. And under Article 298, a state can opt out if it does not want a settlement on sovereignty, China did opt out. But the Philippines sued them anyway. And there were these five Europeans, who want to get their hands on this, they were eager to pass on their judgment on the case.