Experts slam 'arbitration award'

A research report released on Thursday criticized the "South China Sea Arbitration Award" as running counter to international judicial practice and lacking legal persuasiveness, calling it "a piece of invalid legal paper".

The report, titled Legal Critique of the South China Sea Arbitration Awards — "The South China Sea Arbitration Awards Are Not International Law", was written by scholars from the National Institute for South China Sea Studies, Jinan University, Ocean University of China and Shanghai Maritime University.

The report analyzes the arbitration from three perspectives — arbitral jurisdiction, the application of substantive rules and the validity of the "award" — to explain why it argues that the "award" cannot represent international law.

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, saying it has no binding force.

Xu Qi, vice-dean of the Academy of Foreign-related Rule of Law at Jinan University and a principal author of the report, said the United Nations Convention on the Law of the Sea does not originally deal with territorial disputes.

He noted that in 2006, China issued a government declaration pursuant to Article 298 of the convention, expressly excluding disputes concerning territorial sovereignty, maritime delimitation and other categories from the convention's compulsory dispute settlement procedures.

According to Xu, the "arbitral tribunal" willfully distorted the rules and forcibly brought matters outside its jurisdiction within its purview, depriving itself of any jurisdictional foundation. The tribunal disregarded the fundamental fact that the Nansha Islands constitute an integrated whole and arbitrarily fragmented China's territorial sovereignty over the islands by treating them as disconnected, scattered reefs.

Xu further said the tribunal repeatedly cited uncorroborated evidence from a single source and proactively collected outdated and irrelevant materials that were prejudicial to China, undermining its objectivity and impartiality.

He also accused the tribunal of becoming a geopolitical tool for external powers, including the United States and Japan, to stir up tensions in the South China Sea.

According to Xu, some arbitrators abandoned independent judgment to accommodate the political interests behind the case. He said the tribunal's tailor-made composition undermined its credibility from the outset, rendering the award invalid under international law.

"An 'arbitration award' that is riddled with violations of law and rendered beyond the tribunal's authority cannot become international law, regardless of the name attached to it. China's nonrecognition and nonparticipation are precisely a defense of the solemnity of international law," he said.

Zhou Yong, vice-president of the National Institute for South China Sea Studies, said a sustainable international order must be built on rules that are fair and credible because only such rules can win broad recognition and respect.

He said the "South China Sea Arbitration Award" has deviated from the basic principles of justice, has had only a limited impact on the international legal system and has faced widespread criticism over its structural flaws. The case serves as a negative example in efforts to uphold international law and fairness in international judicial processes.

The report also said the true path to resolving regional disputes lies in good-faith dialogue among the parties concerned.

Yu Minna, an associate professor at Ocean University of China, said that both in terms of legal foundations and practical implementation, negotiation and consultation remain the preferred and more effective means of resolving disputes.

China has 14 land neighbors and has already resolved boundary issues with 12 of them through negotiations.

Resolving disputes through negotiation and consultation is a peaceful approach and is also more conducive to implementing the agreements reached, Yu said.

zhoujin@chinadaily.com.cn