China Calls 2016 South China Sea ‘Arbitral Award’ Invalid
On the ninth anniversary of the 2016 “Arbitral Award on the South China Sea,” China’s Foreign Ministry has reaffirmed its stance, declaring the award as “illegal, null and void,” and “non-binding.” The ministry’s spokesperson stated that China neither accepts nor recognizes the award and will not acknowledge any claims or actions based on it.
Violation of International Law
According to the spokesperson, the award violates basic principles of international law. The Philippines unilaterally initiated the arbitration without first engaging in thorough consultations with China, which goes against mutual agreements to resolve disputes peacefully through dialogue. This action, China asserts, breaches the Declaration on the Conduct of Parties in the South China Sea (DOC), which emphasizes resolving disputes by peaceful means among the directly concerned sovereign states.
Contradicting the UN Convention on the Law of the Sea
China also argues that the award violates the United Nations Convention on the Law of the Sea (UNCLOS). The spokesperson pointed out that land territorial issues are beyond the scope of UNCLOS, and that in 2006, China explicitly excluded maritime delimitation from compulsory arbitration procedures. By proceeding with the arbitration, the Philippines allegedly abused the UNCLOS dispute settlement mechanism.
Ignoring Basic Facts
The spokesperson criticized the arbitral tribunal for misapplying the law and misrepresenting facts, particularly in characterizing Taiping Dao—the largest island in the South China Sea—as a rock rather than an island. This characterization, China claims, contradicts UNCLOS and could unjustly alter maritime entitlements in the region.
Commitment to Peaceful Resolution
China reiterated its commitment to settling disputes through negotiation and consultation with other concerned countries. The spokesperson emphasized the importance of fully implementing the DOC and working toward an early adoption of a Code of Conduct to ensure peace and stability in the South China Sea.
“We urge relevant countries to stop making reference to this illegal ‘award,'” the spokesperson said. “Such counterproductive moves will only backfire.”
