The South China Sea has been a hotspot of international attention, especially since 2016 when an international arbitration tribunal made a ruling concerning territorial disputes in the region. China, a major claimant in the South China Sea, has steadfastly rejected this arbitration award. But why does China refuse to accept it? Let’s delve into the reasons behind China’s stance.
Background
On July 12, 2016, an arbitration tribunal in The Hague issued a ruling concerning disputes between China and the Philippines over the South China Sea. The tribunal’s decision attempted to deny China’s claims of territorial sovereignty and its maritime rights in the region.
China immediately rejected the ruling, stating that the award was “illegal, null and void,” and had no binding force. The Chinese government emphasized that it would neither participate in nor accept any outcome of the arbitration process.
China’s Legal Position
China argues that the arbitration tribunal exceeded its authority and violated international law, including the United Nations Convention on the Law of the Sea (UNCLOS). According to China, the essence of the Philippines’ claims was about territorial sovereignty over islands and maritime delimitation—issues that China believes are beyond the scope of UNCLOS.
In 2006, China made a declaration, as allowed under UNCLOS, excluding disputes concerning maritime delimitation from compulsory arbitration. This means China opted out of any arbitration over such matters, choosing instead to resolve disputes through negotiations.
Breach of Agreements
China also contends that the Philippines’ unilateral initiation of arbitration breached bilateral agreements to settle disputes through negotiations. Additionally, it violated the Declaration on the Conduct of Parties in the South China Sea, signed in 2002 by China and ASEAN countries, including the Philippines, which emphasized resolving disputes through friendly consultations and negotiations.
International Support
China’s refusal to accept the arbitration award has been supported by over 100 countries, and many international law experts have questioned the tribunal’s decision. They argue that the tribunal misapplied the law and overstepped its jurisdiction.
Resolution Through Negotiation
China maintains that disputes should be resolved by the directly concerned parties through dialogue. This approach aligns with international practices, where many countries prefer bilateral or multilateral negotiations to settle their differences.
In 2024, China released a report reaffirming its objection to the arbitration ruling, emphasizing the importance of resolving disputes through negotiation and managing crises with rule-based approaches.
Conclusion
China’s stance is rooted in its interpretation of international law and its emphasis on sovereignty. By rejecting the arbitration award, China believes it is upholding the principles of international rule of law and the integrity of UNCLOS.
As the South China Sea remains a critical region for international trade and security, understanding the perspectives of the involved parties is essential for fostering peace and stability in the area.
The Way Forward
Chinese Foreign Minister Wang Yi stated that the arbitration case was manipulated by external forces aiming to disrupt peace in the South China Sea. He affirmed that China’s position is about upholding international law and that attempts to stir up trouble will fail.
