China's non-acceptance of the arbitration is justifiable

As early as 2006 China made a clear declaration in accordance with Article 298 of United Nations Convention on the Law of the Sea (UNCLOS) on the exclusion of compulsory arbitration on sovereign disputes and maritime delimitation. More than 30 other countries have made similar declarations, including four permanent members of the UN Security Council (US has not ratified UNCLOS). These declarations form an integral part of UNCLOS. By unilaterally initiating arbitration, the Philippines have violated the right of China and undermined UNCLOS' authority and integrity.

Secondly, the Philippines' requests are, in essence, about territorial sovereignty and maritime delimitation. Territorial issues are subject to general international law rather than UNCLOS. The preamble of the UNCLOS proclaims that "due regard for the sovereignty of all States" is the prerequisite for the application of the Convention to determine maritime rights of the States Parties. In other words, UNCLOS does not have jurisdiction over the disputes concerning territory and maritime delimitation between China and the Philippines.

Based on the above two reasons, the arbitration is thus illegal and null and void. The Chinese government does not accept or participate in it, and it will never recognize the so-called "award".

In addition, the unilateral initiation of arbitration by the Philippines is a violation of the agreement with China and UNCLOS. UNCLOS explicitly stipulates that the state party has the right to seek dispute settlement of its own choice. In fact, China and the Philippines have already reached agreement in joint declaration, joint communiqué and the Declaration on the Conduct of Parties in the South China Sea (DOC) on resolving relevant disputes in the South China Sea through negotiations. But the Philippines, without engaging in any negotiations with China on any claims in the arbitration, falsely claimed that it had exhausted bilateral means. Such behavior undermines the international morality and international law.

The farce of the arbitration, if unchecked, will set a bad precedent in the practice of international law, serving no one's interest in the long run.

China is actually the victim on the South China Sea issue

China enjoys sovereignty over the South China Sea Island, including the Xisha, Nansha, Zhongsha and Dongsha Islands. These Islands have been China's territory since ancient times. The Chinese people were the first to discover, name and develop the islands. The Chinese governments have exercised continuous jurisdiction over the islands by means of administrative control, military patrol, production and business operations and maritime disaster relief.

It was widely recognized by the international community that the South China Sea islands belong to China. Before the 1970s, no country, including the Philippines, ever challenged that. Countless diplomatic notes, published maps and international conferences of that time recognized China's sovereignty over the South China Sea Islands.

In 1970s, abundant deposit of petroleum has been discovered at the South China Sea. From then on, things began to change. The Philippines and some other coastal countries started to encroach and occupy China's islands around that area. Moreover, they have attempted to deny China's sovereignty over the Nansha Islands, on the ground that these islands are located at shorter distance off their coasts. Obviously, such argument is totally baseless.

Though China is a victim on the South China Sea issue, the Chinese side has always exercised great restraint, and handled the South China Sea issue in a responsible and constructive manner. We committed ourselves to resolving the disputes through negotiations and consultations.

Negotiation and consultation represent the right way forward

China has tried all means to resolve disputes of territorial sovereignty and maritime delimitation through negotiation. Since its founding, the People's Republic of China has signed border treaties with twelve out of its fourteen neighbors, delimiting and demarcating some 20,000 kilometers in length of land boundary in the process, which accounts for over 90% of the total length of China's land boundary.

China and Member States of the Association of Southeast Asian Nations (ASEAN) have been working together to maintain peace and stability in the South China Sea. In recent years, maritime cooperation under DOC and the consultations of the Code of Conduct in the South China Sea (COC) is progressing smoothly. China's proposal of "sovereignty belongs to China, shelve disputes and pursue common development" proves to be feasible. We believe that the regional countries have the wisdom and capacity to resolve the South China Sea issue through friendly negotiation and consultation.

China is a peace loving nation, adhering to the policy of building friendship and partnership with neighboring countries.  No matter what happens, the Philippines are our unmovable neighbors. The door for negotiation and consultation remains open. Only through this door could the two sides move forward and resolve the dispute in a peaceful manner.

The international community is supportive to China's position

Mozambique, Tanzania, Lesotho, Eritrea, Gambia, Sudan, Mauritania, Togo, Burundi, Niger and many other African countries have declared support in writing for the position of China on the South China Sea issue. They argue that relevant countries should settle the territorial and maritime dispute through negotiations and consultations. It is also their hope that all countries should respect the rights of a sovereign state to choose its own means of dispute settlement.

Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan among other Asian countries confirmed, through a press communiqué, that all relevant disputes should be peacefully resolved by the relevant parties through friendly negotiations and consultations, and internationalization and external intervention should be opposed. They called for abiding by all articles in the UNCLOS, the DOC and the Guidelines for the Implementation of the DOC.

China's stance is also backed by many Arab countries, which expressed staunch support for Beijing's efforts to settle the issue peacefully. In a statement issued at the 7^th Ministerial Meeting of China-Arab Cooperation Forum, Arab countries commended China's efforts to peacefully resolve territorial and maritime differences through friendly dialogue and negotiation. They stressed that the rights of sovereign nations as well as the UNCLOS signatories to choose how to solve their disputes should be respected.

The UNCLOS arbitration, regardless of the outcome, will be invalid. But we are convinced that through friendly negotiations, peace and stability in the South China Sea could be achieved.

H.E. Shi-Ting Wang is the Ambassador of China to Malawi.