Map of the South China Sea Islands of China, 1935
The Chinese Embassy in Malaysia has issued a statement which clearly challenges Malaysia to assert its rights over the South China Sea. In its statement, which has been published as a letter in The Star, states:
China confines its oil and gas development and fishing activities in the South China Sea strictly within waters under China’s jurisdiction, which is in accordance with relevant international laws including United Nations Convention on the Law of the Sea and China’s domestic legislations. China has exercised great restraint over oil and gas development in the disputed waters in the South China Sea. None of the working drilling oil rigs among the thousands of rigs in the disputed waters in the South China Sea is China’s.
With regard to the South China Sea arbitration and the so-called Award, China has made clear its position on many occasions. No matter how the relevant disputes are deliberately packaged as mere issues concerning the interpretation and application of the Convention, the essence of the subject-matter of the arbitration is the territorial sovereignty and maritime delimitation. Territorial issues are not subject to the Convention and the maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China’s 2006 Declaration. It is apparent that the Tribunal has no jurisdiction over the case and acted ultra vires.
"The so-called Award" is better known as the South China Sea Arbitration The Republic of the Philippines v. The People's Republic of China heard before the Permanent Court Of Arbitration. Malaysia is a contracting party of the PCA and its maritime boundaries in the South China Sea have been disputed by China.
China's statement issued publicly in Malaysia and in particular the parts above in bold appear to have been designed to force Malaysia to challenge China's claims publicly, and not via the usual diplomatic channels. If the Malaysian Government does not respond publicly the perception, particularly among its citizens of Chinese origin, is likely to be that Malaysia has acquiesced to China's claims.
So as to avoid doubt, Malaysia's only real option is to take China before the Permanent Court Of Arbitration and seek an Award, as did the Philippines. If China then refuses to abide by the decision it would prove yet again that China is unwilling to abide by international law and norms.
TO BE READ WITH
The Star
The Star
Monday, 20 Jul 2020
On July 13, the United States Secretary of State Mike Pompeo issued a statement on the South China Sea issue. The statement deliberately distorted facts about the South China Sea and international laws including the United Nations Convention on the Law of the Sea, claiming that “Beijing’s claims to offshore resources across the most of the South China Sea are completely unlawful, ...Beijing uses intimidation to undermine the sovereign rights of Southeast Asian coastal states in the South China Sea, bully them out of offshore resources, assert unilateral dominion, and replace international law with might makes right.” The US side also demands the Chinese side accepts and recognises the Award of the Arbitral Tribunal in 2016 and instigated the regional countries to oppose the maritime claims from China. In this context, I would like to expound on China’s position and emphasize the following points:
Firstly, China always addresses the South China Sea issue by a dual-track approach and upholds the principle that all countries are equal, no matter big or small.
It is a traditional ethic in China that “the strong should not oppress the weak and the rich should not bully the poor”, and China has always pursued a good-neighbourly foreign policy and insists that all countries, big or small, rich or poor, strong or weak, should be all equal. By sticking to the principle of mutual respect and equality, China has solved border issues through negotiations with her 12 land neighbours.
China is always committed to the dual-track approach to the South China Sea issue, according to which specific disputes are to be peacefully resolved through negotiation and consultation by countries directly concerned on the basis of respecting historical facts and international law, and peace and stability in the South China Sea be jointly upheld by China and Asean countries. With the joint efforts of China and Asean countries, the situation in the South China Sea has been improving overall.
China confines its oil and gas development and fishing activities in the South China Sea strictly within waters under China’s jurisdiction, which is in accordance with relevant international laws including United Nations Convention on the Law of the Sea and China’s domestic legislations. China has exercised great restraint over oil and gas development in the disputed waters in the South China Sea. None of the working drilling oil rigs among the thousands of rigs in the disputed waters in the South China Sea is China’s. China never stirs up trouble, but when our maritime rights are infringed, we have to make necessary reactions, even so the reactions are all moderate. We never seek to build a “maritime empire” in the South China Sea.
On the contrary, certain major power outside the region has been constantly flexing its muscles in the South China Sea by sending advanced warships and fighter planes to the region and conducted excessive military drills with its aircraft carrier battle groups. In the guise of “freedom of navigation”, this country has frequently approached and illegally entered waters and airspace of China near the relevant reefs in South China Sea, threatening the sovereignty and security of China. It is quite clear who is seeking to build a “maritime empire” and playing power politics in the South China Sea.
Secondly, the arbitral tribunal itself was established on an unlawful basis. It willfully expanded its power to exercise jurisdiction and make an award, which is null and void. China does not accept or recognise that.
China is a staunch supporter of the international law. As a state party of the Convention, China values the rules and regulations set by the Convention, upholds the Convention in a careful and responsible manner, but we do not accept the act of exaggerating the role of the Convention and abusing the international maritime law by some parties.
With regard to the South China Sea arbitration and the so-called Award, China has made clear its position on many occasions. No matter how the relevant disputes are deliberately packaged as mere issues concerning the interpretation and application of the Convention, the essence of the subject-matter of the arbitration is the territorial sovereignty and maritime delimitation. Territorial issues are not subject to the Convention and the maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China’s 2006 Declaration. It is apparent that the Tribunal has no jurisdiction over the case and acted ultra vires.
Certain country declines to join the Convention and eludes the responsibilities set forth in the Convention, yet somehow it quotes the Convention all the time, urging the Chinese side to accept and recognise the Arbitration in 2016. The legal norms are only part of the tools used by this country, out of its self-interest, rather than a desire to uphold the Convention and international justice. It outright breaks its promise that it takes no stand on sovereignty disputes in the South China Sea and goes back on its words. It looks like that this country is taking Asean countries’ side, yet in fact it is provoking confrontation and undermining the relationship between Asean countries and China. In absolute disregard of the considerations and the interests of Asean countries, this country tries its very best to seek its selfish geopolitical gains and to constrain China. We should be clear that it is not to the common interests of China and Asean countries if the South China Sea falls to confrontation because of this political scheme. China and Asean are neighbours that will always live with each other. We should unite and cooperate, taking the matter into our own hands and together settle it properly, leaving no chance of meddling and intervention from powers outside the region.
Third, there do exist some disputes over territorial sovereignty and maritime rights in the South China Sea, nevertheless China has been committed to addressing the differences through friendly negotiations and consultations with related parties including Malaysia, so as to maintain the peace and stability in the South China Sea.
All the geographical features such as islands, reefs, shoals and their waters in the South China Sea are natural components of the archipelago. The status of the component features of Nansha Qundao cannot be addressed separately. China always treat Nansha Qundao as a whole unit, claims territorial sovereignty and enjoys maritime entitlements. This is totally consistent with the international law and practices of other countries.
Due to historical reasons, there exist some disputes over territorial sovereignty and maritime rights in the South China Sea. Although China and Malaysia hold different positions and have overlapping claims in relevant waters, thankfully the governments of both sides have handled the disputes and managed the differences properly through dialogues and consultations, with goodwill and sincerity. The peace and stability over the South China Sea are of common interests of China and Malaysia. China is always ready to cooperate with Malaysia, to deepen our mutual trust, and to continue to properly settle the relevant issues through bilateral friendly consultations. It is our expectation that both sides can work together to fully implement DOC and push forward the consultation on COC, so as to safeguard the peace and stability over the South China Sea. Before the disputes are settled, China will continue to work with relevant parties including Malaysia to put aside differences, promote common development on oil and gas resources and advance the cooperation on maritime environment protection and fishing resources preservation, in order to build the South China Sea into a sea of peace, friendship and cooperation.
Spokesperson of the Chinese Embassy to Malaysia
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