BEIJING — China has reiterated its firm stance on rejecting any claims or actions arising from the South China Sea Arbitration arbitral tribunal.
“China’s stance on the arbitral award in the South China Sea is consistent and clear. The arbitral tribunal in the South China Sea Arbitration exceeded its jurisdiction and issued an illegitimate ruling. The resulting award is deemed illegal, null, and void,” said China’s Foreign Ministry spokesman Mao Ning during a press conference on May 31.
Mao Ning emphasized that the award is not recognized as part of international law and has harmed the international rule of law. “China neither accepts nor recognizes the award and will never accept any claim or action arising from it,” she stated. Mao Ning asserted that China’s stance aims to uphold the integrity and authority of UNCLOS (United Nations Convention on the Law of the Sea) and the international rule of law.
“China’s position has received understanding and support from the international community. Fair-minded individuals worldwide have criticized and questioned the arbitral award,” she added.
On May 21, the International Tribunal for the Law of the Sea (ITLOS) delivered an advisory opinion concerning the obligations of State Parties to UNCLOS regarding the impact of their climate change response on the marine environment. The opinion partly referenced the South China Sea Arbitration award.
ITLOS is an intergovernmental organization created by the Third United Nations Conference on the Law of the Sea mandate. Established by UNCLOS, signed in Montego Bay, Jamaica, on December 10, 1982, the convention entered into force on November 16, 1994, establishing an international framework for ocean space, its uses, and resources.
On May 25, the Philippines welcomed the advisory opinion issued by ITLOS, which recognized critical parts of the 2016 South China Sea arbitration ruling as “authoritative.” The Philippines, as a state party to UNCLOS, participated in the proceedings to support small island states’ call for protection against climate change’s impact. The Department of Foreign Affairs stated, “This bolsters and reinforces the legitimacy of the final and binding 2016 Arbitration Award and its unassailable status as part of the corpus of international law.”
The 2016 arbitration ruling upheld the Philippines’ exclusive economic zone over China’s historical claims in the disputed South China Sea under UNCLOS, although China has never recognized the decision.
Mao Ning argued that the ITLOS advisory opinion focused on climate change response and marine environment protection and does not cover territorial and maritime disputes or the validity of arbitral awards on the South China Sea. She stressed that the advisory opinion should not be misused by countries for selfish gains. “Any hype that seeks to mislead the public will fail. They will not turn the null and void award into a legal one, nor could they weaken China’s resolve to defend our territorial integrity, maritime rights, and interests,” Mao Ning said.
