The so-called "South China Sea arbitration awards" run counter to the international judicial practice, according to a report released on Thursday.
The report, titled "Legal Critique of the South China Sea Arbitration Awards -- 'The South China Sea Arbitration Awards Are Not International Law'," was penned by scholars from the National Institute for South China Sea Studies, Jinan University, Ocean University of China, and Shanghai Maritime University.
The report presents its analysis along three main threads -- arbitral jurisdiction, the application of substantive rules, and the validity of the awards.
Many scholars pointed out that jurisdictional issues are the first problem to emerge in this case and also the most decisive legal obstacle.
"In fact, the way the Philippines packaged the dispute was a key prerequisite for the arbitral tribunal to overstep its authority in accepting the case. The report lays bare the entire process by which the Philippine side, through carefully crafted rhetoric, framed territorial issues and maritime delimitation disputes as issues that could be interpreted under the Convention (the United Nations Convention on the Law of the Sea). In essence, this is a sleight of hand that disguises sovereignty and maritime delimitation disputes as legal and technical issues," said Xu Qi, assistant dean in the School of Law of Jinan University.
According to the report, the arbitral tribunal's substantive hearing also exhibited serious systemic errors. Moreover, the "awards" were delivered by a makeshift "arbitral tribunal" without jurisdiction. They contained fundamental flaws in the application of law, and have no validity under international law from the outset.
"These arbitrators were all previously academics. But in this case, they acted more like politicians. In the 'South China Sea arbitration case', they had in fact abandoned their academic independence and respect for the law, and had instead become tools of political maneuvering. This is something we absolutely cannot accept," said Zhou Yong, vice president of the National Institute for South China Sea Studies.
The report wraps up by exploring how to settle the South China Sea issue. Scholars emphasized that consultation and negotiation is the right way forward.
"Through the release of this report, we also hope that more countries, especially the international community, will better understand the illegal nature of the 'South China Sea arbitration awards.' The 'awards' cannot be used to resolve the South China Sea issue, nor are they of any help in doing so. Therefore, we should properly return to the 'dual-track approach' -- that is, on the one hand, we set aside disputes, and on the other hand, we promote the peaceful resolution of the South China Sea issue through consultation and negotiation," Xu said.
South China Sea arbitration awards run counter to international judicial practice: report
