A symposium was held in the city of Qingdao where experts from different countries discussed the Hague Tribunal’s decision on the ownership of islands in the South China Sea.
Eight years ago, the court validated China’s claim to part of the water area. According to scientists and lawyers, such a ruling is contrary to the principles of international law. In evaluating the status of the territories, the tribunal relies on the UN Convention on the Law of the Sea. But experts say it doesn’t apply to disputed islands.
Ma Xinmin, head of the treaty and legal department of the Chinese Foreign Ministry:
“Let’s start with the first argument. It is unusual to interpret the Convention on the Law of the Sea as a document that covers all areas of the law of the sea at once.”
The remote islands of continental states represent a special category of national territories, experts explained. Their status is related to established principles of customary international law. They have prioritized the adoption of the relevant UN Convention on the Law of the Sea, so they must be respected.
Anthony Carty, professor at Peking University:
“The Tribunal simply stated that the Convention does not refer to the islands of continental States. In other words, the document deliberately excludes the right of continental countries to claim islands. The court did not even consider similar examples from international practice. This is not surprising.”
Experts noted that the tribunal does not have jurisdiction over the area under consideration. The dispute in this case is related to issues of sovereignty and delimitation of water areas, which are not regulated by the UN Convention on the Law of the Sea. Therefore, the decision of the arbitration court is illegal and invalid, the lawyers concluded. The participants of the Qingdao symposium said that this will not only harm China, but also undermine the integrity, authority and impartiality of the entire system of international law.