Beijing: 2016 arbitral ruling ‘a piece of waste paper’

Beijing on Saturday rejected the Philippines’ renewed affirmation of the 2016 arbitral ruling on the South China Sea (SCS), reiterating its long-standing position that the decision is “illegal, null, and void,” and asserting that it has no bearing on China’s territorial sovereignty and maritime rights.

Responding to a statement issued by the Department of Foreign Affairs (DFA) and a keynote address delivered by Foreign Secretary Theresa Lazaro at a related forum, the Chinese Foreign Ministry firmly brushed off any reference to the ruling, calling it “nothing but a piece of waste paper.”

“China neither accepts nor recognizes the ‘award,’ and will never accept any claim or action arising from the award,” a spokesperson for the Chinese Foreign Ministry said in an official statement released Saturday afternoon.

Marking the ninth anniversary of the landmark 12 July 2016, decision by the Permanent Court of Arbitration (PCA), the Philippines reaffirmed its commitment to the rule of law and the country’s sovereign rights over its Exclusive Economic Zone (EEZ) in the West Philippine Sea. 

The ruling invalidated China’s expansive “nine-dash line” claim over most of the SCS and upheld the Philippines’ maritime entitlements under international law.

China, however, maintained that the arbitration was “unilaterally initiated” by the Philippines in violation of prior bilateral agreements and the Declaration on the Conduct of Parties in the South China Sea (DOC), which calls for dispute resolution through direct negotiation among concerned parties.

“This violates the article of the Declaration on the Conduct of Parties in the South China Sea (DOC) which states that the disputes should be resolved by peaceful means through friendly consultations and negotiations by sovereign states directly concerned, and violates the principle of ‘pacta sunt servanda,’ the doctrine of estoppel, and other basic principles of international law,” the Chinese official said. 

The spokesperson accused the arbitral tribunal of acting “ultra vires” beyond its jurisdiction and claimed the proceedings disregarded China’s 2006 declaration excluding maritime delimitation from compulsory arbitration under the United Nations Convention on the Law of the Sea (UNCLOS).

“The Philippines disregarded China’s declaration and insisted on initiating the 'arbitration,” which was an abuse of the UNCLOS dispute settlement mechanism,” the spokesperson maintained. 

“The arbitral tribunal severely erred in ascertaining facts and applying the law,” the spokesperson said, also challenging the tribunal’s classification of features in the Spratly Islands.

“The rendered ‘award’ is fundamentally flawed with obvious mistakes.” 

Despite its outright rejection of the award, China stated it remains committed to peaceful dispute resolution through dialogue and cooperation, particularly within the ASEAN framework. 

The spokesperson reaffirmed China’s support for the full implementation of the DOC and the early conclusion of a Code of Conduct in the SCS.

“We urge relevant countries to stop making reference to this illegal ‘award,’ and to refrain from any acts of infringement or provocation,” the statement added. 

“This counterproductive move will only end up backfiring.”

There is a continued diplomatic friction between Manila and Beijing over the SCS, an area rich in marine resources and strategic trade routes. 

While the Philippines and several regional and global partners continue to invoke the 2016 ruling as a ‘cornerstone’ of a rules-based maritime order, China has consistently refused to recognize the tribunal’s authority.