China rejects the so-called "2016 Arbitral Award on the South China Sea" as illegal and void, arguing the tribunal overstepped its authority by ruling on sovereignty issues that fall outside the United Nations Convention on the Law of the Sea (UNCLOS).
On July 12, a Chinese Foreign Ministry spokesperson responded to the Philippines' statement marking the ninth anniversary of the "2016 Arbitral Award," calling it nothing more than "a piece of waste paper."
A seminar hosted by Dalian Maritime University on Thursday gathered top scholars and legal experts to discuss the case.
Participants said the tribunal fundamentally exceeded its mandate under UNCLOS, which only covers ocean-related issues, such as Exclusive Economic Zones, freedom of navigation, and marine resource rights. The convention does not authorize any tribunal to decide territorial sovereignty or maritime boundary delimitation.
"We believe that the tribunal exceeded its authority by ruling on issues beyond its legal jurisdiction under the UNCLOS. Thus, all subsequent substantive rulings are founded on an invalid [basis]," said Zhang Xinjun, professor of Public International Law at the Tsinghua University.
According to the seminar, the essence of the Philippines' claims ultimately concerns territorial sovereignty, not just maritime rights.
By asking the tribunal to declare that certain Chinese islands and reefs fall within the Philippines' Exclusive Economic Zone, Manila was in effect challenging China's sovereignty over these features, an issue UNCLOS cannot adjudicate, it said.
The Philippines' claim about traditional fishing rights near Huangyan Dao could not be properly adjudicated without first deciding whether China or the Philippines holds sovereignty over the island itself.
Only after establishing sovereignty could the tribunal determine the legal status of the surrounding waters and applicable rules for fishing activities, experts said.
Plus, Article 298 of UNCLOS explicitly allows countries to opt out of compulsory dispute settlement for issues like maritime boundary delimitation.
In 2006, China exercised this sovereign right by officially excluding such matters from arbitration.
"Despite clearly lacking jurisdiction, [the arbitral tribunal] proceeded to issue final rulings on these disputes. Consequently, China regards the tribunal's rulings as illegal and invalid," said Lei Xiaolu, professor of international law at the China Institute of Boundary and Ocean Studies under the Wuhan University.
China rejects 2016 South China Sea arbitral award as illegal, void
China rejects 2016 South China Sea arbitral award as illegal, void
China rejects 2016 South China Sea arbitral award as illegal, void
