外交部关于坚持通过双边谈判解决中国和菲律宾在南海有关争议的声明
Chinese FM statement on settling disputes between China, the Philippines in South China Sea through bilateral negotiation

 
Comment(s)打印 E-mail China.org.cn  2016-06-13
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(2016年6月8日)

(8 June 2016)

中国和菲律宾是隔海相望的近邻,两国人民传统友谊深厚。中菲建交40多年来,两国关系总体健康稳定发展,各领域合作富有成效,为两国和两国人民带来了实实在在的利益。菲律宾2013年1月22日单方面就中菲有关南海问题提起仲裁以前,中菲在南海虽有争议,但南海形势总体稳定。在中国的推动下,中菲双方围绕建立对话机制、开展务实合作、推进共同开发等进行友好协商并取得积极成果。

菲律宾提起仲裁以来,单方面关闭了与中国通过谈判解决南海有关争议的大门,并违背双方达成的关于管控分歧的共识,采取一系列侵权和挑衅行动,导致中菲关系和南海局势的急剧恶化。中国坚决反对菲律宾的单方面行动,坚持不接受、不参与仲裁的严正立场,将坚持通过双边谈判解决中菲在南海的有关争议。

China and the Philippines are neighbors facing each other across the sea, and the two peoples have enjoyed friendship over generations. Before the Philippines' unilateral initiation of the South China Sea arbitration on 22 January 2013, the overall situation in the South China Sea had remained stable despite certain disputes between China and the Philippines therein. Thanks to China's efforts, China and the Philippines carried out friendly consultations on, among others, establishing dialogue mechanisms and engaging in practical cooperation and joint development, and have achieved positive outcomes in this regard. However, ever since its initiation of the arbitration, the Philippines has unilaterally closed the door of settling the South China Sea issue with China through negotiation, and has, while turning its back on the bilateral consensus regarding managing differences, taken a series of provocative moves that infringed upon China's legitimate rights and interests. This has led to dramatic deterioration of China-Philippines relations as well as of peace and stability in the South China Sea. China is firmly opposed to the Philippines' unilateral actions. China adheres to the solemn position of non-acceptance of and non-participation in the arbitration, and will stay committed to settling the relevant disputes with the Philippines in the South China Sea through bilateral negotiation.
一、通过双边谈判解决在南海的有关争议是中菲共识和承诺 I. It is the common agreement and commitment of China and the Philippines to settle their relevant disputes in the South China Sea through negotiation
中国一贯主张与直接当事国在尊重历史事实的基础上,根据国际法,通过谈判和平解决领土和海洋划界争议。在领土主权和海洋划界问题上,中国从来不接受任何诉诸第三方的争端解决方式,不接受任何强加于中国的争端解决方案。领土主权问题不属于《联合国海洋法公约》的调整范围。对于海洋划界争议,中国已于2006年根据《公约》第298条作出排除性声明,将涉及海洋划界等方面的争议排除在《公约》规定的第三方争端解决程序之外。 China has all along stood for peacefully settling territorial and maritime delimitation disputes through negotiation with States directly concerned on the basis of respecting historical facts and in accordance with international law. On issues concerning territorial sovereignty and maritime delimitation, China never accepts any recourse to third party settlement, or any means of dispute settlement that is imposed on it. Territorial sovereignty issues are not subject to the United Nations Convention on the Law of the Sea (UNCLOS). With regard to maritime delimitation disputes, China made, pursuant to Article 298 of UNCLOS, an optional exceptions declaration in 2006, excluding disputes concerning, among others, maritime delimitation from the UNCLOS third party dispute settlement procedures.
通过双边谈判解决中菲在南海的有关争议,既是中国政府的一贯政策,也是中菲之间达成的明确共识。 It is not only the Chinese government's consistent policy, but also a clear agreement reached between China and the Philippines, to settle their relevant disputes in the South China Sea through negotiation.
1995年8月10日,中菲共同发表的《中华人民共和国和菲律宾共和国关于南海问题和其他领域合作的磋商联合声明》规定,“有关争议应通过平等和相互尊重基础上的磋商和平友好地加以解决”;“双方承诺循序渐进地进行合作,最终谈判解决双方争议”。此后,中国和菲律宾通过一系列双边文件确认通过双边谈判协商解决南海有关争议的共识,例如:1999年3月23日《中菲建立信任措施工作小组会议联合公报》,2000年5月16日《中华人民共和国政府和菲律宾共和国政府关于21世纪双边合作框架的联合声明》等。 The 10 August 1995 Joint Statement between the People's Republic of China and the Republic of the Philippines concerning Consultations on the South China Sea and on Other Areas of Cooperation states that "[d]isputes shall be settled in a peaceful and friendly manner through consultations on the basis of equity and mutual respect", and that "a gradual and progressive process of cooperation shall be adopted with a view to eventually negotiating a settlement of the bilateral disputes." Afterwards, China and the Philippines reaffirmed the consensus on settling the South China Sea issue through bilateral negotiation and consultation in a number of bilateral documents, such as the 23 March 1999 Joint Statement of the China-Philippines Experts' Group Meeting on Confidence-Building Measures and the 16 May 2000 Joint Statement between the Government of the People's Republic of China and the Government of the Republic of the Philippines on the Framework of Bilateral Cooperation in the Twenty-First Century.
2002年11月4日,中国同东盟10国共同签署《南海各方行为宣言》。各方在《宣言》中郑重承诺:“根据公认的国际法原则,包括1982年《联合国海洋法公约》,由直接有关的主权国家通过友好磋商和谈判,以和平方式解决它们的领土和管辖权争议,而不诉诸武力或以武力相威胁。” On 4 November 2002, China and the ten ASEAN Member States signed the Declaration on the Conduct of Parties in the South China Sea (DOC), in which the Parties concerned solemnly "undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign States directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea".
此后,中菲通过一系列双边文件确认各自在《宣言》中作出的郑重承诺,例如:2004年9月3日《中华人民共和国政府和菲律宾共和国政府联合新闻公报》、2011年9月1日《中华人民共和国和菲律宾共和国联合声明》等。 Afterwards, China and the Philippines reaffirmed this solemn commitment they had made in the DOC in a number of bilateral documents, such as the 3 September 2004 Joint Press Statement between the Government of the People' s Republic of China and the Government of the Republic of the Philippines and the 1 September 2011 Joint Statement between the People's Republic of China and the Republic of the Philippines.
二、中菲之间从未就菲律宾提起仲裁的事项进行过谈判 II. China and the Philippines have never conducted any negotiation on the subject-matters of the arbitration initiated by the Philippines
菲律宾声称,1995年之后中菲两国就菲律宾仲裁请求中提及的事项多次交换意见,但未能解决争端;菲律宾有正当理由认为继续谈判已无意义,因而有权提起仲裁。事实与菲方所述完全相反,迄今为止,中菲两国从未就菲律宾所提仲裁事项进行过谈判。 According to the Philippines, China and the Philippines have engaged in a number of exchanges of views since 1995 on the subject-matters of the arbitration initiated by the Philippines but the disputes have remained unsettled, and the Philippines has good reasons to believe that it is meaningless to continue the negotiations and it therefore has the right to initiate the arbitration. The fact, rather to the contrary, is that the two States have by far never engaged in any negotiation on the subject-matters of the arbitration.
中菲曾就妥善处理海上争议进行多次磋商,但尚未举行旨在解决有关争议的任何谈判。中国多次向菲律宾提出建立“中菲海上问题定期磋商机制”的建议,但一直未获菲律宾答复。2011年9月1日,双方发表《中华人民共和国和菲律宾共和国联合声明》,再次承诺通过谈判解决有关争议。此后,中国多次向菲律宾建议重启中菲建立信任措施磋商机制,未得到菲律宾任何回应。菲律宾所谓继续谈判没有意义才提起仲裁的说法,毫无根据。 China and the Philippines have held multiple rounds of consultations on the proper management of disputes at sea, but have by far had no negotiation designed to settle the relevant disputes in the South China Sea. China has on a number of occasions proposed with the Philippines the establishment of a China-Philippines regular consultation mechanism on maritime issues; however, to date, there has never been any response from the Philippine side. On 1 September 2011, the two countries issued the Joint Statement between the People's Republic of China and the Republic of Philippines, reiterating the commitment to settling the disputes in the South China Sea through negotiation. Thereafter, China, for many times, proposed restart of the China-Philippines consultation mechanism for confidence-building measures, but this proposal has once again fallen on deaf ears. It is completely groundless for the Philippines to claim that it is meaningless to continue the negotiations, and that the Philippine side has had to initiate the arbitration.
三、菲律宾单方面提起仲裁违背中菲通过谈判解决争议的共识,不符合《公约》规定 III. The Philippines' unilateral initiation of arbitration goes against the bilateral agreement on settling the disputes through negotiation and violates the provisions of UNCLOS
菲律宾单方面提起南海仲裁,违背中菲之间达成并多次确认的通过双边谈判解决有关争议的共识,违反其在《宣言》中作出的庄严承诺,是对“约定必须遵守”原则的破坏和对《公约》争端解决机制的滥用,不符合包括《公约》在内的国际法。 The South China Sea arbitration was unilaterally initiated by the Philippines. In doing so, the Philippines has turned its back on the agreement reached and repeatedly reaffirmed by China and the Philippines on settling the relevant disputes in the South China Sea through negotiation and violated its own solemn commitment in the DOC. This is a violation of the principle of Pacta sunt servanda and an abuse of the UNCLOS dispute settlement procedures. It goes against international law, including UNCLOS.
第一,菲律宾单方面提起仲裁,违反中菲通过双边谈判解决争议的协议。中菲在有关双边文件和《宣言》中已就通过谈判解决有关争议达成协议并多次予以确认。上述中菲两国各项双边文件以及《宣言》的相关规定相辅相成,构成中菲两国之间有拘束力的协议。两国据此选择了以谈判方式解决有关争议。菲律宾违背自己的庄严承诺,是严重的背信弃义行为。 First, by unilaterally initiating the arbitration, the Philippines has violated its agreement with China to settle the relevant disputes through bilateral negotiation. In relevant bilateral documents and the DOC, China and the Philippines have agreed to settle through negotiation their disputes in the South China Sea and reaffirmed this agreement many times. The above bilateral documents between China and the Philippines and relevant provisions in the DOC are mutually reinforcing and constitute a binding agreement, by which both sides have chosen to settle the relevant disputes through negotiation. The Philippines' breach of its own solemn commitment is a deliberate act of bad faith.
第二,菲律宾单方面提起仲裁,侵犯《公约》规定的缔约国自主选择争端解决方式的权利。《公约》第15部分第280条规定,“本公约的任何规定均不损害任何缔约国于任何时候协议用自行选择的任何和平方法解决它们之间有关本公约的解释或适用的争端的权利”;第281条规定,“作为有关本公约的解释或适用的争端各方的缔约各国,如已协议用自行选择的和平方法来谋求解决争端,则只有在诉诸这种方法仍未得到解决以及争端各方间的协议并不排除任何其他程序的情形下,才适用本部分所规定的程序”。由于中菲之间已就通过谈判解决争议作出明确选择,并排除了包括仲裁在内的第三方争端解决方式,《公约》第15部分规定的第三方争端解决程序不适用于中菲之间。 Second, by unilaterally initiating the arbitration, the Philippines has violated the right, as provided for in UNCLOS, of a State Party to UNCLOS to choose the means of dispute settlement of its own will. Article 280 of Part XV of UNCLOS stipulates that: "Nothing in this Part impairs the right of any States Parties to agree at any time to settle a dispute between them concerning the interpretation or application of this Convention by any peaceful means of their own choice." Article 281 of UNCLOS provides that: "If the States Parties which are parties to a dispute concerning the interpretation or application of this Convention have agreed to seek settlement of the dispute by a peaceful means of their own choice, the procedures provided for in this Part apply only where no settlement has been reached by recourse to such means and the agreement between the parties does not exclude any further procedure". Given that China and the Philippines have made an unequivocal choice to settle the relevant disputes through negotiation, and have excluded third party settlement procedures, including arbitration, the third party dispute settlement procedures stipulated by Part XV of UNCLOS is thus non-applicable in this regard.
第三,菲律宾单方面提起仲裁,违反《公约》第283条有关交换意见义务的规定。菲律宾无视中菲从未就其仲裁事项进行任何谈判的事实,故意将其与中国就一般性海洋事务和合作进行的一些磋商曲解为就其仲裁事项进行的谈判,并以此为借口声称已穷尽双边谈判手段,与有关事实截然相反,完全是别有用心的。 Third, by unilaterally initiating the arbitration, the Philippines has breached Article 283 of UNCLOS regarding the duty of exchange of views. The Philippines deliberately misrepresents certain consultations with China on maritime affairs and cooperation, all of a general nature, as negotiations over the subject-matters of the arbitration, and uses this as an excuse to claim that bilateral negotiations have been exhausted. This is despite the fact that the two States have never engaged in any negotiation on those subject-matters. Such claim made by the Philippines is fundamentally contrary to facts, and must have been made with ulterior motives.
四、中国将继续坚持通过谈判解决与菲律宾在南海的有关争议 IV. China will adhere to the position of settling the relevant disputes with the Philippines in the South China Sea through negotiation
中国是维护南海和平稳定的重要力量。中国一贯遵守《联合国宪章》的宗旨和原则,坚定维护和促进国际法治,尊重和践行国际法,将在坚定维护中国在南海的领土主权和海洋权益的同时,坚持通过谈判协商解决争议,坚持通过规则机制管控分歧,坚持通过互利合作实现共赢,致力于把南海建设成和平之海、友谊之海和合作之海。 China is a major force for upholding peace and stability in the South China Sea. China is a staunch supporter of the purposes and principles of the UN Charter. It is committed to upholding and promoting international rule of law and shall always respect and act in accordance with international law. While firmly safeguarding its territorial sovereignty and maritime rights and interests in the South China Sea, China adheres to the position of settling disputes through negotiation and consultation and managing differences through relevant rules and mechanisms. China endeavors to achieve win-win outcomes through mutually beneficial cooperation, and is committed to making the South China Sea a sea of peace, cooperation and friendship.
在领土主权和海洋划界问题上,中国不接受任何诉诸第三方的争端解决方式,不接受任何强加于中国的争端解决方案。中菲双边谈判的大门始终是敞开的。中国将继续坚持在尊重历史事实基础上,根据国际法,通过双边谈判解决与菲律宾在南海的有关争议。中国敦促菲律宾立刻停止推进仲裁程序的错误举动,回到通过双边谈判解决中菲在南海的有关争议的正确道路上来。 On issues concerning territory and maritime delimitation, China does not accept any means of dispute settlement imposed on it; nor does China accept any recourse to third party settlement. The door of China-Philippines bilateral negotiation is always open. China will remain committed to settling through negotiation the relevant disputes with the Philippines in the South China Sea on the basis of respecting historical facts and in accordance with international law. China urges the Philippines to immediately cease its wrongful conduct of pushing forward the arbitral proceedings, and return to the right path of settling the relevant disputes in the South China Sea through bilateral negotiation with China.

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