On December 7 2014, the Ministry of Foreign Affairs of the People’s Republic of China was authorized to release the Position Paper of People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Philippines. This is another move by Chinese diplomacy directed towards safeguarding national sovereignty and territorial integrity.

The Philippines has unilaterally initiated international arbitration proceedings with respect to the relevant issues between China and the Philippines in the South China Sea. Since then, the Philippines has stubbornly pressed for the arbitration proceedings despite China’s objections. The Arbitral Tribunal confirmed the date for China to submit its counter-memorials as December 15, 2014.

The motive behind the Philippines' suspect move in requesting international arbitration is to erode China’s sovereignty. To respond to and participate in the arbitration would mean that China accepts the principle of arbitration and it will walk into a trap laid by the Philippines. Those who do not understand the truth may be puzzled by China’s refusal to respond to the arbitration, and then question China’s position on sovereignty and evidence. And those who have ulterior motives will take advantage of this opportunity to proselytize against China. They deliberately conflate accepting the arbitration with obeying international law, and accuse China of ignoring, even challenging the international rules. China now faces a dilemma – to act or not to act.

China's release of a government position paper on the matter of arbitration, before the deadline set by the Arbitral Tribunal, represents a move from the back foot to the front.

In terms of methods, it is appropriate and reasonable for the Ministry of Foreign Affairs to issue a government position paper. The government document, which is rather effective, is a serious response by China's authorities to the matter of the arbitration initiated by the Philippines. The paper is distinct from the counter-memorials, and is not a response to the demands of the Arbitral Tribunal. It avoids arming China's opponents. The beginning of the paper specifically draws a line, emphasizes the unilateralism of the arbitration, reiterates China’s firm opposition, and comprehensively disposes of the Philippines’ attempt to compel China to accept the arbitration.

In terms of the content, the position paper is well-designed, reasonable and measured. Firstly, the paper clearly states that the Arbitral Tribunal has no jurisdiction over the present arbitration initiated by the Philippines. The arguments consist of three levels: the essence of the arbitration is the territorial sovereignty over several maritime features in the South China Sea. It is beyond the scope of the UN Convention on the Law of the Sea; China and the Philippines have agreed to settle their relevant disputes through negotiation. The Philippines has no right to initiate compulsory arbitration proceedings; even if the relevant matters initiated by the Philippines involve the Convention, they constitute an integral part of a maritime delimitation which falls within the scope of the declaration filed by China in 2006 and thus cannot be submitted to arbitration. These three levels reinforce each other and are all interlinked.

Secondly, the paper highlights the Philippines’ illegal conduct to the detriment of China’s sovereignty, including the fact that the Philippines has been occupying Chinese islands and other features for many years, and the attempt to erode China’s sovereignty over the Nansha islands through law. These provide evidence for objecting to the arbitration.

Thirdly, the paper states in detail the reasons why China rejects the way of arbitration. The Philippines’ unilateral initiation of arbitration proceedings has stirred up international opinion. Unfair comments on China are circulating. The Chinese government can correct people’s views by releasing the government document.

The position paper reflects that China’s diplomacy has become more sophisticated in safeguarding sovereignty. It is the first time that China has declared its policy stance in the form of a government document, although the Ministry of Foreign Affairs of China has voiced its views many times on the matter of the arbitration. The highlight of the government document is the reference to the law. It is based on law, and cites several authoritative international cases, which makes it more persuasive and credible. Meanwhile, it shows China’s respect for international law, and provides a counter to the distorted attack that “China disobeys international law”.

Releasing this government position paper reflects the positive planning of China’s diplomacy. This does not mean China’s policy of dealing with territorial sovereignty has become qualitatively different. China still insists on setting disputes peacefully, and is concerned with peace and stability in the South China Sea. The point is, the countries concerned are supposed to understand the situation, abandon attempts to impose their will, and return to the correct way of negotiations.

The article is edited and translated from《维护领土主权的又一记重拳》, source: People's Daily Overseas Edition, Author Su Xiaohui (Deputy Director of International Institute for Strategic Studies of China Institute of International Studies) 

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