Law-abusing tribunal issues ill-founded award on South China Sea arbitration

The tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award on Tuesday, amid a global chorus that as the panel has no jurisdiction, its decision is naturally null and void.

A source with the Philippine Foreign Ministry told Xinhua that the ministry has received the award.

China need not care about the arbitration ruling, which is not legally valid as arbitration requires all parties to agree to refer the case to arbitration and adhere to the decision. Since China, a party to the dispute, refused to refer the case to arbitration, the entire arbitration is invalid and ridiculous. The ruling is essentially a joke, Zhao Yongsheng, a Paris-based economist and vice-president of the China-France Association of Lawyers and Economists told the Global Times.
 [Xinhua -globaltimes.cn]
12/7/16
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• Full text of statement of China's Foreign Ministry on award of South China Sea arbitration initiated by Philippines...

Following is the full text of the Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines issued on Tuesday.

Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines.

With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of the People's Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it......http://www.globaltimes.cn/content/993798.shtml 
 12/7/16
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Related:

• Court rules China has "no historic rights" in South China Sea; Philippines welcomes, Beijing remains defiant

• Law-abusing tribunal issues ill-founded award on S. China Sea arbitration ... 

• South China Sea arbitration invalid

The arbitration tribunal in the South China Sea dispute has explained the case in an irresponsible way and set a bad precedent, according to law professionals and scholars on international law from around the world.

The decision in the case, which was initiated unilaterally by the Philippines despite China's objection, is to be announced on Tuesday by the Arbitral Tribunal at The Hague.

Abdul Gadire Koroma, a Sierra Leonean who served two terms as judge at the International Court of Justice, said "the tribunal is not entitled to decide" questions concerning territorial sovereignty.

Myron Nordquist, a senior fellow at the Center for National Security Law at the University of Virginia School of Law, said "the arbitration sets a bad precedent with its award on jurisdiction".

"There is no way to guarantee the effectiveness of the Article 298 declarations except to honor the text which, despite my deep respect for the tribunal members and their good faith, was not done in this arbitration," said Nordquist.

Article 298 of the United Nations Convention on the Law of the Sea excludes compulsory arbitration on issues including maritime boundaries. In 2006, China declared it would exercise its rights under Article 298.

"They have already shown so much prejudice (against China)," Nordquist said.

In an earlier interview with China Daily, Nordquist also said he thought the United States is behind the Philippines' efforts to stir up the situation......http://www.china.org.cn/world/2016-07/12/content_38858851.htm 

 12/7/16