Full coverage: South China Sea Is Indisputable Part of China

The view that the South China Sea arbitration case lacks legal basis is one shared by several experts. Our reporter Han Bin spoke to one Chinese scholar for an in-depth analysis of the legal framework, to find out what the arbitration case is really about, and why China says it contravenes the UN convention.

Troubled waters in a long-standing dispute.

Manila has filed for international arbitration for its claims in the South China Sea.

Beijing is saying "No" to any ruling.

Chinese scholars believe that the jurisdiction is beyond the scope of the UN convention. And that the arbitration is invalid.

"Article 286 rules out the application procedures subject to territorial sovereignty and maritime delimitation. The crux of China-Philippines disputes is exactly territorial disputes caused by the Philippines' illegal occupation of some islands and reefs of China’s Nansha Islands since the 1970s," said Ye Qiang, research associate of National Institute for South China Sea Studies.

Ye Qiang points out that China had officially declared in 2006, for optional exceptions, in accordance with Article 298. It excludes disputes concerning maritime delimitation, and historic bays, as well as military activities from the dispute settlement procedures.

The "Land Dominates the Sea" principle means that all of the Philippines claims are essentially maritime delimitation claims that involve questions of sovereignty.

The Philippine Notification statement challenges China’s Nine-Dash Line, questioning China-controlled islands and reefs as only low-tide elevations and rocks that have no 12-sea-mile territorial waters or EEZ. It also opposes China’s law enforcement activities.

China criticizes the Philippines for illegally occupying its islands and reefs, breaking the promise to resolve disputes through dialogue, and damaging the progress between China and ASEAN on the DOC applications.

The Philippines has stressed that it did not touch on the territorial issue in the Notification Statement.

But China believes it’s impossible to discuss most of its claims without first clarifying Chinese and Philippine sovereignty over the island features in the South China Sea.

"The Philippines unilaterally initiated arbitration, maliciously packaging all its 15 items of claims with no relevance to sovereignty. This violates international principles of good faith obligation and not abusing rights. Such behavior is to legitimize the illegal occupation, but has undermined authority and integrity of the UN convention," Ye said.

Ye Qiang says the UN Charter states that resolving disputes through negotiations has been the priority, compared with resorting to international courts and arbitration.

When it comes to sovereignty, no country would allow giving the right of resolution to a third party.

China has made it very clear that it will not recognize whatever the tribunal decides. Nor will it ever change any of its positions on the South China Sea. Many believe the arbitration will only delay negotiations on the disputed islands and reefs. Any solution still seems a long way off.