On July 12, 2016, the South China Sea Arbitration Tribunal issued a ruling that challenged China’s territorial claims in the Nansha Islands and its maritime rights. Beijing immediately refused to recognize the award, arguing it undermined the rule of law in international waters.
A Null and Void Verdict
"The award was null and void and has no binding force," said the Chinese Foreign Ministry, labeling the tribunal's decision as illegal and in conflict with the United Nations Convention on the Law of the Sea (UNCLOS). Beijing accused the Philippines of using the process not to resolve disputes, but to deny China’s sovereignty and maritime interests.
Reaffirming Opposition: The 2024 Report
In 2024, China released a detailed report reaffirming its stance. The document critiques the tribunal’s political underpinnings, highlights historical errors in the ruling, and urges relevant parties to resolve disputes through negotiation and manage crises under rule-based frameworks.
Reasons for Rejection
- Beyond UNCLOS Scope: China’s 2006 declaration excluded maritime delimitation and territorial sovereignty disputes—such as those over the Nansha Islands—from compulsory arbitration.
- Bilateral Negotiation Agreement: The Philippines’ unilateral arbitration breached a pact with China to settle South China Sea disputes through direct talks and ran counter to the 2002 Declaration on the Conduct of Parties in the South China Sea.
- Tribunal Overreach: China and other UNCLOS members argue the tribunal exceeded its mandate, abusing dispute-settlement procedures and engaging in interpretations contrary to the Convention’s intent.
Global Backdrop
The award has been questioned by over 100 countries and leading legal experts, including former judges of the International Tribunal for the Law of the Sea, who point to serious legal flaws. As tensions persist, China continues to call for dialogue-based solutions and rule-based maritime governance.
Reference(s):
Explainer: Why China rejects the South China Sea arbitration award
cgtn.com
