Sharp Words | Repeatedly Rehashing the "Award" Cannot Change Its Illegal Nature
On July 12, the Philippines, in collusion with the United States, Japan, and other countries, issued a so-called "joint statement commemorating the tenth anniversary of the South China Sea arbitration award," bringing that illegal arbitration of 2016 back to the table. The Philippines attempts to use this as a pretext to continue muddying the waters on the South China Sea issue and to entrench its illegal claims. This wanton, black-and-white-inverting conduct will ultimately bring retribution upon itself.
This so-called "South China Sea arbitration case" violated the basic principles of international law, violated the United Nations Convention on the Law of the Sea itself, and contradicted the basic facts of the South China Sea. It was riddled with errors from procedure to substance—nothing but a political farce dressed in legal disguise. The so-called "award" it produced is an illegal, null, non-binding scrap of paper that should long since have been swept into the dustbin of history.
China's sovereignty over the South China Sea islands and its relevant rights and interests in the South China Sea were established through more than two thousand years of practice. As early as the Western Han period in the second century BCE, our ancestors navigated the South China Sea and, through long-term practice, discovered the South China Sea islands. Under international legal instruments including the Cairo Declaration and the Potsdam Proclamation, Chinese territory seized by Japan—including the South China Sea islands—was returned to China in law and in fact. China does not accept or recognize the so-called "award," and opposes and does not accept any claims or actions based on that "award."
The Philippines has hyped this scrap of paper for consecutive years, and this year has been especially provocative. Among the signatories to the joint statement are members of the "Five Eyes" alliance and certain European countries with no connection whatsoever to the South China Sea—with the Philippines alone being a South China Sea party. Domestic hype within the Philippines is equally telling: a dedicated "commemorative conference" was held in the capital Manila; commemorative stamps themed on the "arbitration award" were issued; and the foreign minister openly called the illegal "award" a "lighthouse" for South China Sea affairs. Using the "award" as endorsement, the Philippines has employed multiple means to promote its illegal claims. In essence, this is nothing more than yet another provocation to internationalize and instrumentalize regional disputes.
In recent years, the Philippines has continuously played the legal card and the public opinion card on the South China Sea situation. The Philippines enacted a so-called "Maritime Zones Act," attempting to entrench the illegal "award" through domestic legislation. It has repeatedly engaged in the tactic of the wrongdoer filing the first complaint—first committing infringement provocations against the Chinese side and manufacturing incidents, then distorting the facts and turning the blame around. The Philippines' recent series of militarization moves warrant even greater vigilance. The Philippines has expanded the number of military bases opened to the United States from five to nine; it has signed a Reciprocal Access Agreement and an Acquisition and Cross-Servicing Agreement with Japan, with Japan-Philippines military entanglement growing ever tighter. The United States, as the Philippines' principal ally, has also continuously intensified its efforts to stir up trouble in the South China Sea, frequently conducting so-called "freedom of navigation operations" there. It is precisely this kind of militarized, coercive conduct that constitutes the primary challenge currently facing the South China Sea situation. The Philippines schemes to draw in extra-regional forces and push South China Sea affairs—which properly belong to the directly concerned parties—to the forefront of great-power competition. This extremely erroneous approach both increases the risk of miscalculation and compresses diplomatic space.
In sharp contrast to the Philippines' reckless actions, China's position has been consistent throughout: not a single step back on territorial sovereignty and maritime rights and interests, but the door to maintaining peace and stability and advancing negotiation and consultation remains always open. In response to Philippine infringement provocations, China's measures have been reasonable, lawful, professional, and restrained. At the level of rules, China is working with ASEAN countries to fully and effectively implement the Declaration on the Conduct of Parties in the South China Sea (DOC) and accelerating consultations on a Code of Conduct in the South China Sea (COC). At the level of facts, China has successively released ecological survey reports on Ren'ai Jiao (Ren'ai Reef), Xianbin Jiao (Xianbin Reef), and Huangyan Dao (Huangyan Island), and has established a new national-level nature reserve at Huangyan Island. Looking at the Philippines by contrast: it speaks of dialogue in words, but in practice wields the "award" as a command arrow; it advocates peace on the surface, then turns around and continuously draws in extra-regional forces. Who it is that is disrupting the South China Sea order—the answer goes without saying.
China has indisputable sovereignty over the South China Sea islands and the adjacent waters, and will absolutely not (绝不) waver because of a so-called "statement"; nor will the illegal and null "award" take effect simply by being repeatedly rehashed. If the Philippines truly has the peace of the South China Sea at heart—and the livelihoods of its own people at heart—it should discard this scrap of paper called the "award," return to the negotiating table among the directly concerned parties, and manage differences and advance cooperation through friendly consultation. If it continues to gang up with others and exploit the issue for ulterior purposes, it will in the end only lift a rock to drop on its own feet. History and reality have already proven: the peace and stability of the South China Sea can only be jointly maintained by the countries of the region. Any attempt to use extra-regional forces to stir up trouble in the South China Sea is destined to come to nothing.