25 July 2016

News Story: South China Sea arbitration is a political farce - ambassador

LONDON, July 24 (Xinhua) -- The South China Sea arbitration is in essence "a political farce under the cloak of law," Chinese Ambassador to Britain Liu Xiaoming wrote in an article published Sunday.

"Such a recklessly partial tribunal creates more problems than it solves, and intensifies rather than solves disputes," Liu wrote in a signed article published by the British newspaper The Sunday Telegraph.

In the article, the ambassador stressed that a legitimate arbitration needs to meet certain conditions, but the tribunal fails to do so.

"First, the tribunal shall have jurisdiction over the subject matter. Second, the arbitrators shall be impartial and authoritative. Third, the procedure must be reasonable. Fourth, the ruling on the substantive issues should help resolve disputes," he argued, noting that the South China Sea arbitration does not meet any of these conditions.

On jurisdiction, Liu said the subject matter of the arbitration initiated by the Philippines, and the real intention behind it, is in essence related to territorial sovereignty and maritime delimitation.

Summary of Philippine Claims (Click Image to Enlarge)
"Issues of territorial sovereignty are clearly beyond the scope of the UN Convention on the Law of the Sea (UNCLOS), and issues of maritime delimitation have been excluded by the declaration that China made years ago in accordance with UNCLOS," he elaborated.

"The arbitral tribunal in fact expanded its power into areas outside of its jurisdiction," added the diplomat.

The article pointed out that the tribunal is "an ad hoc body having nothing to do with the International Court of Justice" and its composition is "questionable."

Read the full story at Xinhua


Map charting the Arbitration Tribunals Findings (Click Image to Enlarge)