Chinese State Councilor's interview on so-called award by arbitral tribunal for South China Sea arbitration
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E-mail Xinhua, July 15, 2016
Reporter: Why do you think that the Arbitral Tribunal lacks legitimacy and impartiality? Why is the award illegal and invalid?
Yang Jiechi: If you look at the composition of the Arbitral Tribunal, most of the arbitrators were appointed by Shunji Yanai, the then President of the International Tribunal for the Law of the Sea and a right-wing Japanese intent on ridding Japan of post-war arrangements. In the proceedings, some arbitrators and experts even backtracked from their long-held views to make the case for the Philippines. Anyone with good sense can see the tricks.
In disregard of China's staunch position, the Arbitral Tribunal willfully went beyond its authority, turned a blind eye to the history and reality of the South China Sea and misinterpreted relevant stipulations of UNCLOS. It has deviated from UNCLOS from the very beginning and overstepped and expanded its authority to render this award. Naturally, such an award can only be illegal and invalid. The Tribunal can in no way represent international law, still less equity and justice in the world.
Reporter: How will the award affect China's dotted line in the South China Sea?
Yang Jiechi: History brooks no distortion and law no abuse. China's sovereignty, rights and relevant claims in the South China Sea are gradually formed and developed by the practice of the Chinese people throughout millennia and have been upheld by successive Chinese governments. As early as in 1948, the Chinese government marked the dotted line in the South China Sea on its officially published map, which affirmed China's sovereignty over the South China Sea Islands and maritime rights and interests in their adjacent waters. This is a historical fact beyond any doubt. As a state party to UNCLOS, China is fully entitled to its rights under UNCLOS. China's claims of rights and interests in the South China Sea long predate the signing of UNCLOS. They shall by no means be denied by UNCLOS, still less by an unwarranted and flawed award. China' s sovereignty and maritime rights and interests in the South China Sea are protected by both international law and UNCLOS.
Reporter: Given that the award has been rendered, how will China safeguard its territorial sovereignty and maritime rights and interests in the South China Sea?
Yang Jiechi: The South China Sea, important to the Chinese people since ancient times, is our heritage to which our forefathers devoted their wisdom and even lives. The Chinese government remains unwavering in its resolve to safeguard China's territorial sovereignty and maritime rights and interests in the South China Sea. The Chinese people do not covet other countries' interests or envy their development. At the same time, we will never give up our legitimate interests. No country should expect us to trade our core interests away or swallow the bitter consequences of our sovereignty, security and development interests being undermined. The Chinese government and people will remain united and act resolutely to safeguard every inch of our land and every swath of our waters.
Reporter: Some people accuse China of defying international rules by not accepting or recognizing the award of the Tribunal, believing that China has changed its policy of peaceful development. How will you respond to that?
Yang Jiechi: The South China Sea arbitration initiated by the Philippines violated the bilateral agreements between China and the Philippines. It breached regional rules as embodied in the DOC and international rules, including those under UNCLOS. China's position on the arbitration fully complies with international law. This basic fact has been thoroughly elaborated in a series of position papers issued by the Chinese government. The attempt to mount an all-out smear campaign against China by distorting this basic fact has once again exposed the nature of this arbitration, that is, a farce in which certain countries use international law as a cover to pursue their own hidden agenda.
China has all along been an active player in building up and enhancing the regional and international order. Over 70 years ago, China participated directly in the design and building of the post-war international order. Over the past 70 plus years, China has consistently upheld the international order and system based on the purposes and principles of the UN Charter with the United Nations at the center, and steadfastly safeguarded and promoted international rule of law. China will work with other countries to maintain and build a sound international order and international system.
The arbitration will not in the slightest way shake China's resolve to pursue the path of peaceful development. To seek peaceful development is not a matter of expediency. It is a strategic choice China has made in line with the trend of the time and its own fundamental interests. China remains committed to developing friendly relations with other countries on the basis of the Five Principles of Peaceful Co-existence, and deepening win-win cooperation and connectivity with its neighbors. It adheres to negotiation and consultation as a means for addressing relevant territorial and maritime delimitation issues, and resolutely safeguards peace and stability in the region.
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