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Arbitration against international law

CCTV.com

07-07-2016 12:56 BJT

Full coverage: The South China Sea Issue

China has repeated it won't participate in or accept the verdict of the South China Sea arbitration case unilaterally initiated by the Philippines. Experts say the stance is reasonable and legitimate, as actions by the Philippines have violated the Declaration on the Conduct of Parties in the South China Sea and international law.

China claims the case brought by the Philippines has NO basis in international law. "Pacta sunt servanda" -- or maintaining agreements -- is one of the basic principles.

The Philippines had reached consensus with China to solve disputes through negotiation, under bilateral agreements and the Declaration on the Conduct of Parties in the South China Sea.

The DOC signed by China and ASEAN Member States, including the Philippines, in 2002 states:

But the Philippines pressed ahead with the arbitration case without prior discussion with China.

China says the Philippines' actions are an abuse of the arbitration mechanism under UNCLOS, the UN Convention on the Law of the Sea.

Beijing has revealed that the essence of the arbitration is territorial sovereignty over some islands and reefs in the South China Sea. Territorial issues, however, are beyond the scope of the convention.

Furthermore, UNCLOS allows for exclusions to arbitration. In 2006, China made a declaration under Article 298 excluding maritime delimitation and historical privileges from compulsory arbitration. Some 30 countries have made similar statements.

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