Chinese law society: Tribunal's award 'null and void'

By Zhang Yunbi (chinadaily.com.cn) Updated: 2016-06-10 19:35

The Chinese Society of International Law issued a statement Friday that said the Arbitral Tribunal's award in the South China Sea arbitration initiated by the Philippines is "null and void".

The society noted that since January 2013, when the Philippines unilaterally initiated arbitration with respect to certain issues in the South China Sea, China has maintained its solemn position that it would neither accept nor participate in the arbitration.

In October last year, the tribunal issued its Award on Jurisdiction and Admissibility.

The society commented that "As the Tribunal unlawfully exercises jurisdiction over subject matters which are manifestly beyond its competence, none of the further procedures that it takes or may take and the views that it expresses or may express has any legal basis. Any decision that the Tribunal may make on the substantive issues will not have any legal effect."

China's non-acceptance of and non-participation in the arbitration and its non-recognition of any award made or to be made by the tribunal "have solid legal basis, and are acts of justice to maintain and uphold international law", the society added.

The society said the tribunal errs "in taking jurisdiction over claims which in essence are issues of sovereignty over land territory and are beyond the purview of the UNCLOS" and "in taking jurisdiction over claims concerning maritime delimitation which have been excluded by China from compulsory procedures in line with the UNCLOS".

Also, the tribunal errs "in denying that there exists between China and the Philippines an agreement to settle the disputes in question through negotiation" and "in finding that the Philippines had fulfilled the obligation to 'exchange views' regarding the means of disputes settlement with respect to the claims it made".

"…The tribunal's award deviates from the object and purpose of the dispute settlement mechanism under the UNCLOS, and impairs the integrity and authority of the Convention," the society added.