The Philippines' South China Sea arbitration is a political provocation under the cloak of law. In the end of October, in disregard of basic facts and
fundamental jurisprudence, the Arbitral Tribunal set up at the unilateral
request of the Philippines rendered the award on jurisdiction and admissibility
of the arbitration. Confounding black and
white Air Jordan 5s Premium
Bordeaux , the Tribunal spared no effort to back up the Philippines'
arguments, thus rendering support and encouragement to the Philippines' illegal
occupation of China's territory and encroachment upon China's maritime rights
and interests. Fraught with far-fetched and unfounded assumptions, the reasoning
process of the Tribunal was by no means based on
facts Air Jordan 5s Premium
Wine , common sense or justice, and its positions were neither fair nor
What has truly happened cannot be covered up by an arbitration that ignores facts. The Tribunal deliberately framed the previous consultations between China
and the Philippines concerning disputes over territorial sovereignty and
maritime delimitation as consultations on the interpretation and application of
the United Nations Convention on the Law of the Sea (UNCLOS), and affirmed these
consultations as evidence that the Philippines had fulfilled its obligation of
exchange of views. As a matter of
fact Air Jordan 5 Retro Premium
Bordeaux , China and the Philippines have never had any negotiations, not
even exchange of views, on the arbitration matters.
There is no trace of justice in an arbitration that violates jurisprudence. For example Air Jordan 5 Retro
Premium Wine , the Tribunal knows full well that it has no jurisdiction
over a case concerning territorial sovereignty and maritime delimitation. On the
one hand, it evaded the essence of the dispute and insisted that this case had
nothing to do with territorial sovereignty. On the other hand, in disregard of
China' s declaration in accordance with UNCLOS in 2006 which excludes disputes
concerning maritime delimitation from arbitral
proceedings Air Jordan 5 Premium
Bordeaux 2017 , the Tribunal deliberately included into its jurisdiction
matters that, in essence, concern territorial sovereignty and maritime
delimitation. Such moves to arrogate power are a violation of the spirit of
diligence and self-discipline which judicial bodies should honor when hearing
cases. They are also detrimental to the credibility and value of dispute
settlement through judicial means.
Another example is the one-sidedness and lack of impartiality in the Tribunal's selection and citation of judicial cases. On many
occasions Air Jordan 5 Premium Wine
2017 , it cited biased, highly controversial judicial or arbitral cases
and used controversial views and verdicts put forth by arbitrators of this very
Tribunal as legal precedent in support of views on the verdict of this case.
Such so called self-sufficient and partial arguments have seriously damaged the
integrity, logic and consistency of the relevant legal conclusion.
Yet another example is the malicious distortion of the relations between UNCLOS and customary international law. Turning a blind eye to customary
international law Air Jordan 5
Premium Bordeaux ,the Tribunal kept citing UNCLOS and attempted to make
UNCLOS applicable to everything related to the sea. Any one familiar with
international law would know well that the regime of international law of the
sea provided in UNCLOS is, in itself, a summary of maritime history and
practices and a reflection of the common aspirations of
countries Air Jordan 5 Premium
Wine , and that the very text of UNCLOS shows respect for customary
international law. What the Tribunal has done is a breach of the basic purposes
and spirit of UNCLOS.
The Tribunal accepted the Philippines' false arguments in its entirety in disregard of the basic fact of the country's abuse of legal procedures. Its
moves to jump to conclusions first and then prove them with distortion of
evidence and verdicts will be a serious erosion of international judicial system
that champions fairness and justice.
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