Beijing rejected the findings of the United States State Department showing that China’s claims in the South China Sea are “unlawful” and “gravely undermines the rule of law” in the oceans.
Chinese Foreign Ministry spokesman Wang Wenbin said the US is not even a signatory of United Nations Convention on the Law of the Sea (UNCLOS) and sets “double standards” by invoking UNCLOS provisions on China.
“The US refuses to join the Convention, but styles itself as the judge. It wantonly misrepresents the Convention and adopts double standards out of selfish gains. Such political manipulation is irresponsible and undermines international rule of law,” Wang said during a media conference in Beijing.
On the other hand, Manila welcomed the research paper published recently by the US State Department’s Bureau of Oceans and International Environment, which echoed the decision handed out by a United Nations arbitral tribunal in 2016.
“We welcome the affirmation of the 2016 Arbitral Award by the US State Department’s Limits in the Seas No. 150: People’s Republic of China: Maritime Claims in the South China Sea,” the Department of Foreign Affairs said in a news statement.
US is not a claimant state of the disputed South China Sea territory. Aside from the Philippines and China, other claimant states of the oil-rich disputed territories are Brunei, Malaysia, Vietnam and Taiwan.
The US State Department has been examining maritime claims of coastal states all over the world since 1970s to “assess their consistency with international law.”
Although the US was one of the participants during the final stages negotiations of UNCLOS, it has not ratified it.
In 2013, the Philippines questioned the claim of China of its “historic rights” based on nine-dash line in their maps and maritime entitlements of certain rocks that China has made into artificial islands. The Hague-based tribunal ruled in favor of the Philippines.
The Philippines also said the US State Department’s review is also “consistent” with the 2021 joint vision statement between the Philippines and US wherein both countries stated that China’s maritime claims “are inconsistent with the international law of the sea as reflected in the United Nations Convention on the Law of the Sea.”
China stressed that as a signatory to UNCLOS, it values greatly its membership and “earnestly observes the Convention in a rigid and responsible manner.”
However, China’s position since the start of the proceeding remains the same—it does not accept nor recognize the arbitration tribunal’s decision. Manila, on one hand, argued that the arbitral decision, “in pursuant to the Convention, is legally binding on the Philippines and [China].”
“The Arbitral Tribunal violated the principle of state consent, exercised its jurisdiction ultra vires and rendered an award in disregard of law. It gravely violates UNCLOS and general international law. The award is illegal, null and void,” Wang added.
South China Sea is “generally stable,” thanks to cooperation among claimants in the region, China claimed.
Wang accused US as the one which “has frequently made provocations” and “driven wedges among regional countries,” apparently in reference to US naval ships and fighter jets deployed to conduct “freedom of navigation patrols.”
“This wins no support, and the international community can see this very clearly,” Wang said.
“China will work with Asean countries to stay committed to maintaining peace and stability in the South China Sea, and promote prosperity and development in the region.”