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|The South China Sea arbitration initiated by the Philippines is attracting much attention as the final ruling will be announced before the end of June.
Chinese officials and experts have defended China's stance of non-acceptance and non-participation in the case Cheap Nike Air Presto , saying the Philippines' unilateral initiation of the arbitration violates international law.
What is the arbitration about?
On January 22, 2013, the Philippines unilaterally filed compulsory arbitration against China at the Permanent Court of Arbitration in The Hague with respect to the two sides' dispute over what the case paperwork terms "maritime jurisdiction" in the South China Sea .
Since then, the Philippines has obstinately pushed for the arbitration despite China's objections.
On Feb. 7, 2014 Nike Air Presto Sale , the Chinese Foreign Ministry released a Position Paper on the arbitration, saying that it is in essence concerned with territorial sovereignty over several maritime features in the South China Sea.
The issue of territorial sovereignty is beyond the scope of the UN Convention on the Law of the Sea (UNCLOS) and the arbitral tribunal has no jurisdiction over the case, according to the Position Paper.
China has said on many occasions that since the 1970s, the Philippines has illegally seized by force maritime features of China's Nansha Islands in disregard of the UN Charter and the basic norms governing international relations, and this is "the root and direct cause" of the two countries' disputes over the South China Sea.
"The initiation of the arbitration by the Philippines under the UNCLOS is an abuse of international law as it does not satisfy the preconditions set in the UNCLOS Nike Air Presto Shoes ," said Li Guoqiang, a researcher at the Institute of Chinese Borderland Studies under the Chinese Academy of Social Sciences (CASS).
"This is malicious prosecution and blackmailing behavior," Li said. "What the Philippines is doing is nothing but a thief crying stop thief."
What is the Philippines' true intention?
Plenty of evidence shows that the Philippines' true purpose in submitting the case is to deny China's territorial sovereignty over the Nansha Islands and legitimize the Philippines' illegal occupation of them, Chinese observers have said.
"Though the Philippines cleverly packaged its claims by not directly mentioning the word 'sovereignty,' any discerning person will discover at first sight that this is only a trick Nike Air Presto Extreme ," said Ma Chengyuan, an international law professor at China University of Political Science and Law (CUPL).
According to Xu Hong, director-general of the Department of Treaty and Law under the Chinese Foreign Ministry, on January 23, 2013 Nike Air Presto Premium , the second day after the Philippines launched the arbitration procedure, the Philippines' Department of Foreign Affairs released a Q&A paper in which it clearly described the purpose of the case as to "protect our country's territory and oceanic area," and claimed not to "give up our country's sovereignty."
"There have been more similar declarations by the Philippines. The Philippines has in fact already baldly spoken out its true intention," Xu said.
Arbitration is a practice accepted by the international community as a means of solving legal disputes, noted Zeng Lingliang Nike Air Presto Mens , an expert on international law at Wuhan University. The Philippines' unilateral move "just utilizes that popular psychology and is deceptive," he said.
Why does China not participate in the case?
China has stated it will never ever accept any imposed solution or unilateral resorting to a third-party settlement on issues of territorial sovereignty and maritime rights and interests.
Zeng explained that territorial issues are subject to general international law, not the UNCLOS.
Regarding maritime delimitation, it falls within the scope of the declaration filed by China in 2006, which excludes disputes concerning maritime delimitation from compulsory arbitration and other compulsory dispute settlement procedures Nike Air Presto Womens , he said.
However the Philippines has packaged its claims, the essence of the arbitration is still disputes over territorial sovereignty and maritime interests, said Zeng.
Moreover, China and the Philippines have agreed in bilateral documents and the Declaration on the Conduct of Parties in the South China Sea to settle their disputes through negotiation.
"By unilaterally initiating the arbitration, the Philippines has violated its agreements with China Nike Air Presto , which is dishonorable and a contravention of its international obligations to China," according to Zeng.
"What the Philippines did is illegal, untrustworthy and unreasonable. The so-called 'award' is not binding," said Li at the CASS.
Is the arbitral tribunal authoritative and impartial?
The arbitral tribunal has illegally overstepped its area of authority, said Xiao Jianguo Cheap Air Presto , deputy director-general of the Department of Boundary and Ocean Affairs of the Chinese Foreign Ministry.
"The arbitral tribunal has actually become an agent of the Philippines," Xiao said, calling it "a castle in the air."
Li said that as a state party to the UNCLOS, it is necessary to clarify that China is not opposed to international law including the UNCLOS, but to the arbitral tribunal abusing its power.
Is the arbitration a simple legal case?
The arbitration is not a simple legal affair but "a political provocation under the cloak of law Air Presto Sale ," said Xu.
Chinese Foreign Minister Wang Yi said in March that the Philippines' stubbornness is "clearly the result of behind-the-scenes instigation and political maneuvering."
Several high-ranking US officials have publicly voiced support for the Philippines' move.