The award issued by an arbitral tribunal denying China's long-standing historical rights in the South China Sea is illegitimate, and the dispute should be resolved through bilateral talks, a leading Russian political expert has said.
"The tribunal's decision can be legitimate only if it is recognized by both parties to the conflict. In this case, China has said it will not recognize the award from the very beginning," Anatoly Smirnov, president of the Russian National Institute for Research of Global Security, said in a recent interview with Xinhua.
On Tuesday, The Hague-based tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award, amid a global chorus that the panel has no jurisdiction and its decision is naturally null and void.
In the 479-page award, the five-member tribunal sweepingly sided with the claims filed by the administration of former Philippine President Benigno S. Aquino III.
In response, China, in a government statement, while reaffirming its territorial sovereignty and maritime rights and interests in the South China Sea, said it "stays ready to work with other coastal states and the international community to ensure the safety of and the unimpeded access to the international shipping lanes in the South China Sea."
Smirnov said that the Permanent Arbitration Court, which established the arbitral tribunal on the South China Sea, should not have considered the dispute, as the United Nations Convention on the Law of the Sea (UNCLOS) clearly stated that the settlement of disputes under the convention should be made with the consent of both sides.
"Therefore, China's position is absolutely correct," the expert added.
The arbitration was conducted according to unwarranted procedure and application of law, and was based on flawed evidence and facts. Such as it is, it will never be accepted by the Chinese people. Nor will it be recognized by anyone in the world who stands on the side of justice, Chinese Foreign Minister Wang Yi said Tuesday.
Noting that there are "interests of extra-regional players" behind the Philippines' claims, Smirnov said Manila intended to internationalize the dispute, which should be resolved through bilateral dialogue and negotiations.
Moreover, Smirnov said that the United States has not ratified the UNCLOS yet. "It appears that the UN Convention lays down rules of behavior for many countries, but not for the United States," he said.
The expert said he found it surprising that no attention has been given to the fact that the United States has not joined the convention yet.
"International law is being eroded, primarily by the Americans," Smirnov said.
