China insists on resolving the relevant disputes between China and the Philippines in the South China Sea through negotiations.
Xinhua News Agency, Beijing, July 13th-The the State Council Press Office published a white paper entitled "China Insists on Resolving Disputes between China and the Philippines in the South China Sea through Negotiations" on July 13th. The full text is as follows:
China insists on resolving the relevant disputes between China and the Philippines in the South China Sea through negotiations.
(July 2016)
People’s Republic of China (PRC)
the State Council Information Office
Catalogue
Quote
1. The South China Sea Islands are China’s inherent territory.
(1) China’s sovereignty over the South China Sea Islands was established in history.
（二）中国始终坚定维护在南海的领土主权和海洋权益
(3) China’s sovereignty over the South China Sea Islands has been widely recognized by the international community.
二、中菲南海有关争议的由来
(1) The illegal occupation of the Philippines has created a dispute over the Nansha Island reef between China and the Philippines.
(2) The illegal claims of the Philippines have no historical and legal basis.
（三）国际海洋法制度的发展导致中菲出现海洋划界争议
三、中菲已就解决南海有关争议达成共识
（一）通过谈判解决南海有关争议是中菲共识和承诺
(2) It is the consensus between China and the Philippines to properly control the disputes in the South China Sea.
4. The Philippines has repeatedly taken actions that complicate the dispute.
(1) The Philippines is trying to expand its occupation of some islands and reefs in the Nansha Islands in China.
（二）菲律宾一再扩大海上侵权
(3) The Philippines attempted to get its hands on Huangyan Island in China.
(D) The unilateral arbitration initiated by the Philippines is a malicious act.
V. China’s policy in handling the South China Sea issue.
(1) On the territorial issue of Nansha Islands
(2) On maritime delimitation in the South China Sea.
(3) About dispute settlement methods
(4) On managing differences in the South China Sea and conducting pragmatic cooperation at sea.
(5) Freedom and safety of navigation in the South China Sea
(6) On jointly safeguarding peace and stability in the South China Sea
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1. The South China Sea is located in the south of Chinese mainland, which is connected with the Pacific Ocean in the east and the Indian Ocean in the west through narrow straits or waterways. It is a semi-closed sea with northeast-southwest trend. The South China Sea is bordered by Chinese mainland and Taiwan Province Island in the north, kalimantan island and Sumatra Island in the south, Philippine Islands in the east, Indochina Peninsula and Malay Peninsula in the west.
2. China’s South China Sea Islands include dongsha islands, Xisha Islands, zhongsha islands and Nansha Islands. These islands are composed of islands, reefs, beaches, sand and so on with different numbers and sizes. Among them, the Nansha Islands have the largest number of islands and reefs and the widest range.
3. China people’s activities in the South China Sea have a history of more than 2,000 years. China first discovered, named, developed and utilized the South China Sea Islands and related sea areas, and exercised sovereignty and jurisdiction over the South China Sea Islands and related sea areas in a sustained, peaceful and effective manner. China’s sovereignty over the South China Sea Islands and its related rights and interests in the South China Sea were established in a long historical process, which has sufficient historical and legal basis.
4. China and the Philippines, facing each other across the sea, have close contacts, and the people have been friendly for generations. Originally, there was no dispute over territorial and maritime delimitation. However, since 1970s, the Philippines began to illegally occupy some islands and reefs in Nansha Islands, which created the territorial problems of some islands and reefs in Nansha Islands between China and the Philippines. In addition, with the development of international law of the sea, the two countries have also had maritime delimitation disputes in some waters of the South China Sea.
5. China and the Philippines have not held any negotiations aimed at resolving the disputes in the South China Sea, but they have indeed held many consultations on properly handling maritime disputes, and reached a consensus on resolving relevant disputes through negotiation and consultation, which has been confirmed many times in bilateral documents. In the Declaration on the Conduct of Parties in the South China Sea (hereinafter referred to as the Declaration) signed by China and ASEAN countries in 2002, the two sides also made a solemn commitment to resolve relevant disputes through negotiation and consultation.
6. In January 2013, the then government of the Republic of the Philippines violated the above consensus and commitment and unilaterally filed a South China Sea arbitration case. The Philippines misinterprets and packages disputes such as territorial issues that are not regulated by the United Nations Convention on the Law of the Sea (hereinafter referred to as the Convention) and maritime delimitation excluded by China’s exclusionary declaration made in accordance with Article 298 of the Convention in 2006, which constitutes an abuse of the dispute settlement mechanism of the Convention. The Philippines attempts to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea.
7. The purpose of this document is to restore the truth about the dispute between China and the Philippines in the South China Sea, and to reiterate China’s consistent position and policy on the South China Sea issue, so as to set the record straight.
1. The South China Sea Islands are China’s inherent territory.
(1) China’s sovereignty over the South China Sea Islands was established in history.
8. The people of China have lived and engaged in productive activities in the South China Sea Islands and related sea areas since ancient times. China was the first to discover, name, develop and utilize the South China Sea Islands and related sea areas, the first to exercise sovereignty and jurisdiction over the South China Sea Islands and related sea areas in a sustained, peaceful and effective manner, and established sovereignty over the South China Sea Islands and related rights and interests in the South China Sea.
9. As early as the Western Han Dynasty in the 2nd century BC, the people of China sailed in the South China Sea and discovered the islands in the South China Sea in their long-term practice.
10. China’s ancient historical books, such as The Records of Foreign Objects in the Eastern Han Dynasty, The Biography of Fu Nan in the Three Kingdoms Period, The Dream of Liang and An Answer to the Generation Outside the Ridge in the Song Dynasty, A Brief Introduction to the Island in the Yuan Dynasty, An Examination of the East and the West in the Ming Dynasty and a Farewell to the Wind, The Guide to the Right Method in the Qing Dynasty, and The Records of Overseas Countries, etc. The South China Sea islands are named after many vivid names, such as "Zhanghaiqitou", "Coral Island", "Jiuruluozhou", "Shitang", "Wanli Shitang", "Changsha" and "Wanli Changsha".
In the historical process of exploiting and utilizing the South China Sea, fishermen in China have also formed a relatively fixed naming system for islands in the South China Sea, such as calling islands and sandbars "Zhi", reefs "shovel", "line" and "sand", atolls "Kuang", "circle" and "pond", and shoals. Genglu Book, which was formed in Ming and Qing Dynasties, is a navigation guide for China fishermen to travel between the coastal areas of Chinese mainland and the South China Sea islands. It has been circulated in manuscripts of various versions and is still in use today. It records the life, production and development activities of China people in the South China Sea Islands, and records the naming of the South China Sea Islands by fishermen in China. Among them, there are at least 70 names for islands, reefs, beaches and sands in Nansha Islands, some of which are named by compass directions, such as Ugly Wei (Qibi Reef) and Dongtou Yixin (Flourishing shoal); Some are named after specialties, such as Chigua Line (Chigua Reef) and Mogua Line (Nanping Reef); Some are named after the shapes of islands and reefs, such as bird strings (Xian ‘e Reef) and double shoulders (Xinyi Reef); Some are named after something, such as the pot cover (Amber Shazhou) and the scale hook (Jinghong Island); Some are named after waterways, such as Liumensha (Liumen Reef).
12. The names given by the people of China to the South China Sea Islands were partly quoted by western navigators and marked in some authoritative nautical guides and charts in the 19th and 20th centuries. For example, Namyit (Hung Hom Island), Sin Cowe (Jinghong Island) and Subi (Zhubijiao) are derived from the pronunciation of "Nanyi", "Weighing Hook" and "Ugly Not" in Hainan dialect.
13. A large number of historical documents and cultural relics prove that the people of China have continuously developed and utilized the South China Sea Islands and related sea areas. Since the Ming and Qing Dynasties, fishermen in China have been engaged in fishery production in the Nansha Islands by the northeast trade wind every year, and returned to the mainland by the southwest trade wind the following year. There are also some fishermen in China who live on the island all the year round, standing for fishing, digging wells and pumping water, reclaiming wasteland for planting, building houses and temples, and raising livestock. According to Chinese and foreign historical records and archaeological discoveries, some islands and reefs in Nansha Islands once had crops, wells, houses, temples, tombs and inscriptions left by China fishermen.
14. Many foreign documents have recorded the fact that only Chinese produced and lived in Nansha Islands for a long time.
15. The Guide to the Sea of China published by the British Admiralty in 1868 pointed out when referring to the Zhenghe Reef in Nansha Islands: "Hainan fishermen live by catching sea cucumbers and crustaceans, and each island has its footprints, and some have lived on the reefs for a long time." "Fishermen on Taiping Island live more comfortably than those on other islands, and the well water on Taiping Island is much better than other islands." The China Sea Guide in 1906 and the Sailing Notes of China in 1912, 1923 and 1937 recorded the production and life of China fishermen in Nansha Islands in many places.
16. The magazine Painted Colonial World published in France in September 1933 recorded that among the nine islands in Nansha Islands, only the Chinese (Hainanese) live there, and there are no other nationalities except the Chinese. At that time, there were 7 residents on the southwest island (Nanzi Island), including 2 children; There are 5 residents on Didu Island (Zhongye Island); Spalla Island (Nanwei Island) has 4 residents, one more than in 1930; On Luowan Island (Nankeyao Island), there are shrines, huts and wells left by Chinese. In Yiduba Island (Taiping Island), although no one was seen, a Chinese character tablet was found, to the effect that the grain was transported so far, and no one was found, because it was hidden under the iron sheet (the original French text was stone); Other islands can also be seen everywhere where fishermen live. The magazine also records that Taiping Island, Zhongye Island, Nanwei Island and other islands have lush vegetation, drinking wells, coconut trees, banana trees, papaya tree, pineapples, vegetables and potatoes, and poultry, which are suitable for human habitation.
17. The Japanese literature "Storm Island" published in 1940 and "Asian Pilotage" (Volume IV) published by the United States Naval Hydrographic Office in 1925 also recorded the production and life of China fishermen in Nansha Islands.
18. China is the first country to start and continue to manage the South China Sea Islands and related maritime activities. Historically, China has exercised sustained, peaceful and effective jurisdiction over the South China Sea Islands and related sea areas by means of administrative establishment, naval patrol, resource development, astronomical survey and geographical survey.
19. For example, in the Song Dynasty, China set up an envoy in Guangdong and Guangxi, who was in charge of southern Xinjiang. In Song Dynasty, Ceng Gongliang mentioned in Wu Jing Zong Yao that in order to strengthen the coastal defense in the South China Sea, China set up a sea patrol division to patrol the South China Sea. In Qing Dynasty, Records of Qiongzhou Prefecture compiled by Mingyi and Records of Yazhou compiled by Zhong Yuandi all listed Shitang and Changsha as "coastal defense".
20. Many local chronicles compiled by officials in China, such as Guangdong Tongzhi, Qiongzhou Prefecture Records, Wanzhou Records, etc., have "Wanzhou has thousands of miles of Changsha and thousands of miles of stone ponds" or similar records in the items of "territory" or "land and mountains".
21. Successive governments in China have also marked the South China Sea Islands as the territory of China on official maps. In 1755, the General Map of the World, 1767, 1810, 1817, and 1817 of the Dividing Map of the Provinces of the Emperor and the Qing Dynasty all drew the South China Sea Islands into Chinese territory.
22. Historical facts show that the people of China have always regarded the South China Sea Islands and related sea areas as places for production and life, and engaged in various development and utilization activities. Successive governments in China have also exercised jurisdiction over the South China Sea Islands continuously, peacefully and effectively. In the long historical process, China has established its sovereignty over the South China Sea Islands and related rights and interests in the South China Sea, and the people of China have long been the masters of the South China Sea Islands.
（二）中国始终坚定维护在南海的领土主权和海洋权益
23. 中国对南海诸岛的主权在20世纪前未遭遇任何挑战。20世纪30年代至40年代，法国和日本先后以武力非法侵占中国南沙群岛部分岛礁。对此，中国人民奋起抵抗，当时中国政府采取一系列措施，捍卫对南沙群岛的主权。
24. 1933年，法国曾经一度侵入南沙群岛部分岛礁，发布政府公报宣告“占领”，制造了“九小岛事件”。中国各地各界反应强烈、群起抗议，纷纷谴责法国的侵略行径。居住在南沙群岛的中国渔民也在实地进行抵抗，符洪光、柯家裕、郑兰锭等人砍倒法国在太平岛、北子岛、南威岛、中业岛等岛上悬挂法国国旗的旗杆。
25. “九小岛事件”发生后，中国外交部发言人表示，南沙群岛有关岛屿“仅有我渔人居留岛上，在国际上确认为中国领土”，中国政府就法方侵入九小岛提出严正交涉。同时，广东省政府针对法国诱骗中国渔民悬挂法国国旗，命令各县长布告，禁止在南沙群岛及海域作业的中国渔船悬挂外国旗帜，并给渔民发放中国国旗，要求悬挂。
26. 由外交部、内政部、海军部等部门组成的水陆地图审查委员会，专门审定中国南海诸岛各岛、礁、滩、沙名称，并于1935年编印并公布了《中国南海各岛屿图》。
27. 日本在侵华战争期间曾非法侵占中国南海诸岛。中国人民对日本的侵略进行了英勇抵抗。随着世界反法西斯战争和中国人民抗日战争的推进，中、美、英三国于1943年12月发表《开罗宣言》郑重宣布，日本必须将所窃取的中国领土归还中国。1945年7月，中、美、英三国发表《波茨坦公告》，其中第8条明确规定，“开罗宣言之条件必将实施”。
28. 1945年8月，日本宣布接受《波茨坦公告》无条件投降。1946年11月至12月，中国政府指派林遵上校等高级军政官员，乘坐“永兴”、“中建”、“太平”、“中业”4艘军舰，分赴西沙群岛和南沙群岛，举行仪式，重立主权碑，派兵驻守。随后，中国政府用上述4艘军舰名对西沙群岛和南沙群岛的4个岛屿进行重新命名。
29. 1947年3月，中国政府在太平岛设立南沙群岛管理处，隶属广东省。中国还在太平岛设立气象台和电台，自6月起对外广播气象信息。
30. 在对南海诸岛重新进行地理测绘的基础上，中国政府于1947年组织编写了《南海诸岛地理志略》，审定《南海诸岛新旧名称对照表》，绘制标有南海断续线的《南海诸岛位置图》。1948年2月，中国政府公布《中华民国行政区域图》，包括《南海诸岛位置图》。
31. 1949年6月，中国政府颁布《海南特区行政长官公署组织条例》，把“海南岛、东沙群岛、西沙群岛、中沙群岛、南沙群岛及其他附属岛屿”划入海南特区。
32. 中华人民共和国1949年10月1日成立后，多次重申并采取立法、行政设治、外交交涉等措施进一步维护对南海诸岛的主权和在南海的相关权益。中国对南海诸岛及相关海域的巡逻执法、资源开发和科学考察等活动从未中断过。
33. 1951年8月，中国外交部长周恩来发表《关于美英对日和约草案及旧金山会议的声明》指出，“西沙群岛和南威岛正如整个南沙群岛及中沙群岛、东沙群岛一样，向为中国领土，在日本帝国主义发动侵略战争时虽曾一度沦陷，但日本投降后已为当时中国政府全部接收”，“中华人民共和国在南威岛和西沙群岛之不可侵犯的主权，不论美英对日和约草案有无规定及如何规定，均不受任何影响”。
34. 1958年9月，中国发布《中华人民共和国政府关于领海的声明》，明确规定中国领海宽度为12海里，采用直线基线方法划定领海基线，上述规定适用于中华人民共和国的一切领土，包括“东沙群岛、西沙群岛、中沙群岛、南沙群岛以及其他属于中国的岛屿”。
35. 1959年3月，中国政府在西沙群岛的永兴岛设立“西沙群岛、南沙群岛、中沙群岛办事处”；1969年3月，该“办事处”改称“广东省西沙群岛、中沙群岛、南沙群岛革命委员会”；1981年10月，恢复“西沙群岛、南沙群岛、中沙群岛办事处”的称谓。
36. 1983年4月，中国地名委员会受权公布南海诸岛部分标准地名，总计287个。
37. 1984年5月，第六届全国人民代表大会第二次会议决定设立海南行政区，管辖范围包括西沙群岛、南沙群岛、中沙群岛的岛礁及其海域。
38. 1988年4月，第七届全国人民代表大会第一次会议决定设立海南省，管辖范围包括西沙群岛、南沙群岛、中沙群岛的岛礁及其海域。
39. 1992年2月，中国颁布《中华人民共和国领海及毗连区法》，确立了中国领海和毗连区的基本法律制度，并明确规定：“中华人民共和国的陆地领土包括……东沙群岛、西沙群岛、中沙群岛、南沙群岛以及其他一切属于中华人民共和国的岛屿”。1996年5月，第八届全国人民代表大会常务委员会第十九次会议决定，批准《联合国海洋法公约》，同时声明“中华人民共和国重申对1992年2月25日颁布的《中华人民共和国领海及毗连区法》第2条所列各群岛及岛屿的主权。”
40. 1996年5月，中国政府宣布中国大陆沿海由山东高角至海南岛峻壁角49个领海基点和由直线相连的领海基线，以及西沙群岛28个领海基点和由直线相连的基线，并宣布将另行公布其余领海基线。
41. 1998年6月，中国颁布《中华人民共和国专属经济区和大陆架法》，确立了中国专属经济区和大陆架的基本法律制度，并明确规定：“本法的规定不影响中华人民共和国享有的历史性权利”。
42. 2012年6月，国务院批准撤销海南省西沙群岛、南沙群岛、中沙群岛办事处，设立地级三沙市，管辖西沙群岛、中沙群岛、南沙群岛的岛礁及其海域。
43. China attaches great importance to the protection of ecology and fishery resources in the South China Sea. Since 1999, China has implemented a fishing moratorium in the South China Sea in summer. By the end of 2015, China had built 6 national aquatic nature reserves and 6 provincial aquatic nature reserves in the South China Sea, with a total area of 2.69 million hectares. There are 7 national aquatic germplasm resources in conservation zone, with a total area of 1.28 million hectares.
44. Since the 1950s, the Taiwan, China authorities have been stationed in Taiping Island of Nansha Islands, with civil service management agencies and the development and utilization of natural resources on the island.
(3) China’s sovereignty over the South China Sea Islands has been widely recognized by the international community.
45. After the Second World War, China recovered the South China Sea Islands and resumed the exercise of sovereignty. Many countries in the world recognized the South China Sea Islands as the territory of China.
46. In 1951, the San Francisco Peace Treaty Conference with Japan stipulated that Japan should give up all rights, names and claims to Nansha Islands and Xisha Islands. In 1952, the Japanese government formally renounced all rights, names and claims to Taiwan Province, Penghu Islands, Nansha Islands and Xisha Islands. In the same year, the fifteenth map of the Standard World Atlas, Southeast Asia Map, which was personally signed and recommended by then Japanese Foreign Minister Okazaki Kzuo, marked all the Xisha, Nansha Islands, Dongsha and zhongsha islands that Japan had to give up according to the peace treaty as belonging to China.
47. 1955年10月，国际民航组织在马尼拉召开会议，美国、英国、法国、日本、加拿大、澳大利亚、新西兰、泰国、菲律宾、南越和中国台湾当局派代表出席，菲律宾代表为会议主席，法国代表为副主席。会议通过的第24号决议要求中国台湾当局在南沙群岛加强气象观测，而会上没有任何一个代表对此提出异议或保留。
48. 1958年9月4日，中国政府发布《中华人民共和国政府关于领海的声明》，宣布中国的领海宽度为12海里，明确指出：“这项规定适用于中华人民共和国的一切领土，包括……东沙群岛、西沙群岛、中沙群岛、南沙群岛以及其他属于中国的岛屿。”9月14日，越南政府总理范文同照会中国国务院总理周恩来郑重表示，“越南民主共和国政府承认和赞同中华人民共和国政府1958年9月4日关于领海决定的声明”，“越南民主共和国政府尊重这项决定”。
49. 1956年8月，美国驻台机构一等秘书韦士德向中国台湾当局口头申请，美军人员拟前往黄岩岛、双子群礁、景宏岛、鸿庥岛、南威岛等中沙和南沙群岛岛礁进行地形测量。中国台湾当局随后同意了美方的申请。
50. In December 1960, the United States Government sent a letter to the Taiwan, China authorities, "requesting permission" for American military personnel to conduct field surveys in shuangzi reefs, Jinghong Island and Nanwei Island in Nansha Islands. The Taiwan, China authorities approved the above application.
51. In 1972, in the Joint Statement between the Government of People’s Republic of China (PRC) and the Government of Japan, Japan reiterated its adherence to article 8 of the Potsdam Proclamation.
52. According to Agence France-Presse, on February 4, 1974, then Indonesian Foreign Minister Malik said, "If we look at the map released now, we can see from the map that both paracel islands (Xisha Islands) and Prattley Islands (Nansha Islands) belong to China"; Since we admit that there is only one China, "this means that, for us, these islands belong to People’s Republic of China (PRC)".
53. From 17 March to 1 April 1987, the 14th meeting of the Intergovernmental Oceanographic Commission of UNESCO discussed the Implementation Plan of the Global Sea Level Observing System 1985-1990 (IOC/INF-663 Rev) submitted by the secretariat of the Commission. The document suggests that the Xisha Islands and Nansha Islands should be included in the global sea level observation system, and the two islands should be clearly listed as "People’s Republic of China (PRC)". To implement the plan, the government of China was appointed to build five ocean observation stations, including one in Nansha Islands and one in Xisha Islands.
54. It has long been widely recognized by the international community that the South China Sea Islands belong to the China. Encyclopedias, yearbooks and maps published in many countries label Nansha Islands as China. For example, in 1960, Wildmark Encyclopedia of Countries published by Wildmark Publishing House in the United States; New China Yearbook published by Japanese Jidong Bookstore in 1966; Atlas of the World published in the Federal Republic of Germany in 1957, 1958 and 1961; Atlas of Earth and Geography published in GDR in 1958; Huck’s Atlas of the World published in GDR in 1968; World Atlas published in the Soviet Union from 1954 to 1959; Attached drawings of Division of Foreign Administrative Regions published in the Soviet Union in 1957; World Atlas published in Hungary in 1959; Illustrated World Political and Economic Atlas published in Hungary in 1974; Pocket Atlas of the World published in Czechoslovakia in 1959; World Geographic Atlas published in Romania in 1977; Atlas of International Politics and Economy published by larousse Press in 1965; Modern Atlas of larousse published by larousse Press in 1969; The maps attached to the Encyclopedia of the World published by Japan Pingfan Society in 1972 and 1983 and the Atlas of the World published in 1985; And the attached drawings of "The World and Countries" published by Japan Geographical Association in 1980.
二、中菲南海有关争议的由来
55. 中菲南海有关争议的核心是菲律宾非法侵占中国南沙群岛部分岛礁而产生的领土问题。此外，随着国际海洋法制度的发展，中菲在南海部分海域还出现了海洋划界争议。
(1) The illegal occupation of the Philippines has created a dispute over the Nansha Island reef between China and the Philippines.
56. The territorial scope of the Philippines was determined by a series of international treaties, including the 1898 Treaty of Peace between the United States and Spain (Paris Treaty), the 1900 Treaty of Cessation of the Outer Islands of the Philippines (Washington Treaty) and the 1930 Treaty of Delimitation of the Boundary between British North Borneo and the United States Philippines.
57. China’s South China Sea islands are outside Philippine territory.
58. In 1950s, the Philippines tried to get its hands on Nansha Islands in China. But under the resolute opposition of China, the Philippines stopped. In May 1956, Cloma, a Filipino, organized a private expedition to the Nansha Islands and called some islands and reefs in the Nansha Islands in China "free land" without authorization. Subsequently, Philippine Vice President and Foreign Minister Garcia expressed support for Cloma’s activities. In response, a spokesman for the Ministry of Foreign Affairs of China issued a statement on May 29th, solemnly pointing out that the Nansha Islands "have always been a part of China’s territory. People’s Republic of China (PRC) has indisputable legal sovereignty over these islands … … No country will be allowed to violate it under any pretext and in any way. " At the same time, the Taiwan, China authorities sent warships to patrol the Nansha Islands and resumed their stationing on Taiping Island in the Nansha Islands. Since then, the Philippine Foreign Ministry has indicated that the Philippine government did not know about Cloma’s move in advance and did not give its consent.
59. 自20世纪70年代起，菲律宾先后以武力侵占中国南沙群岛部分岛礁，并提出非法领土要求。1970年8月和9月，菲律宾非法侵占马欢岛和费信岛；1971年4月，菲律宾非法侵占南钥岛和中业岛；1971年7月，菲律宾非法侵占西月岛和北子岛；1978年3月和1980年7月，菲律宾非法侵占双黄沙洲和司令礁。1978年6月，菲律宾总统马科斯签署第1596号总统令，将中国南沙群岛部分岛礁并连同周边大范围海域称为“卡拉延岛群”（“卡拉延”在他加禄语中意为“自由”），划设“卡拉延镇区”，非法列入菲律宾领土范围。
60. 菲律宾还通过一系列国内立法，提出了自己的领海、专属经济区和大陆架等主张。其中部分与中国在南海的海洋权益产生冲突。
61. 菲律宾为掩盖其非法侵占中国南沙群岛部分岛礁的事实，实现其领土扩张的野心，炮制了一系列借口，包括：“卡拉延岛群”不属于南沙群岛，是“无主地”；南沙群岛在二战后是“托管地”；菲律宾占领南沙群岛是依据“地理邻近”和出于“国家安全”需要；“南沙群岛部分岛礁位于菲律宾专属经济区和大陆架上”；菲律宾“有效控制”有关岛礁已成为不能改变的“现状”等。
(2) The illegal claims of the Philippines have no historical and legal basis.
62. From the perspective of history and international law, the Philippines’ territorial claims to some islands and reefs in Nansha Islands are groundless.
63. First, the Nansha Islands have never been an integral part of Philippine territory. The territorial scope of the Philippines has been determined by a series of international treaties. In this regard, the then ruler of the Philippines, the United States, was very clear. On August 12, 1933, Lu Leiyi, a former senator from the Philippines, wrote to Murphy, the governor of the United States in the Philippines, trying to claim that some Nansha islands constitute a part of the Philippine Islands on the grounds of geographical proximity. The relevant letters were forwarded to the US War Department and the State Council for processing. On October 9, 1933, the US Secretary of State replied that "these islands … … Far beyond the boundaries of the Philippine Islands acquired from Spain in 1898. " In May, 1935, U.S. Secretary of the Army Dunn sent a letter to Secretary of State Hull, asking the State Council to comment on the "legality and appropriateness" of Philippine territorial claims to some islands in Nansha Islands. A memorandum signed by Boggs, etc. in the Office of the Historical Adviser in the State Council, USA, pointed out that "obviously, the United States has no basis to claim that the islands concerned constitute a part of the Philippine Islands." On August 20, US Secretary of State Hull replied to US Secretary of the Army Dunn that "the islands of the Philippine Islands acquired by the United States from Spain according to the 1898 Treaty are limited to the boundaries stipulated in Article 3", and regarding the islands in the Nansha Islands, "It should be pointed out that,There is no indication that Spain has ever exercised sovereignty or made claims on any of these islands. " These documents prove that the territory of the Philippines never includes the South China Sea Islands, a fact recognized by the international community including the United States.
Second, the statement that "Karayan Island Group" is a "no land" discovered by the Philippines is totally untrue. On the basis of the so-called "discovery" by its nationals in 1956, the Philippines called some islands and reefs of the Nansha Islands in China "Karayan Island Group" in an attempt to create confusion in geographical names and concepts and divide the Nansha Islands. In fact, the geographical scope of Nansha Islands is clear and definite. The so-called "Karayan Island Group" in the Philippines is a part of Nansha Islands in China. Nansha Islands have long been an inseparable part of China’s territory, and they are by no means "terra nullius".
Third, the Nansha Islands are not a so-called "trust land". The Philippines said that after World War II, Nansha Islands was a "trust territory" with undetermined sovereignty. The Philippine statement has no basis in law and fact. The "trust sites" after World War II are clearly listed in relevant international treaties or relevant documents of the United Nations Trusteeship Council. The Nansha Islands have never appeared on the above list and are not "trust sites" at all.
Fourthly, "geographical proximity" and "national security" are not the basis of international law for territorial acquisition. Part of the territory of many countries in the world is far from their native land, and some even lie near the coast of other countries. During the colonial rule of the United States in the Philippines, there was a dispute with the Netherlands over the sovereignty of an island near the Philippine Islands, and the territorial claim put forward by the United States on the grounds of "geographical proximity" was judged to have no basis in international law. It is even more absurd to occupy the territory of other countries on the grounds of so-called "national security".
67. Fifthly, the Philippines claims that some islands and reefs in the Nansha Islands in China are located within its exclusive economic zone and continental shelf, so the islands and reefs concerned belong to the Philippines or form an integral part of the Philippine continental shelf. This claim attempts to deny China’s territorial sovereignty with the maritime jurisdiction granted by the Convention, which runs counter to the principle of international law that "land rules the sea" and is totally inconsistent with the purpose and purpose of the Convention. The preamble of the Convention stipulates: "To establish a legal order for the ocean … … 。” Therefore, coastal countries must claim maritime jurisdiction on the premise of respecting the territorial sovereignty of other countries, and cannot extend their maritime jurisdiction to other countries’ territories, let alone deny their sovereignty and infringe on their territories.
Sixthly, the so-called "effective control" in the Philippines is based on illegal occupation and is illegal and invalid. The international community does not recognize the so-called "effective control" formed by military occupation. The so-called "effective control" of the Philippines is a naked military occupation of some islands and reefs of Nansha Islands in China, which violates the Charter of the United Nations (hereinafter referred to as the Charter) and the basic norms of international relations and is explicitly prohibited by international law. The so-called "effective control" of the Philippines based on illegal occupation cannot change the basic fact that the Nansha Islands are the territory of China. China resolutely opposes anyone’s attempt to regard the occupied state of some islands and reefs in Nansha Islands as a so-called "fait accompli" or "status quo", which China will never admit.
（三）国际海洋法制度的发展导致中菲出现海洋划界争议
69. 随着《公约》的制订和生效，中国和菲律宾之间的南海有关争议逐步激化。
70. 基于中国人民和中国政府的长期历史实践及历届中国政府的一贯立场，根据国内法以及国际法，包括1958年《中华人民共和国政府关于领海的声明》、1992年《中华人民共和国领海及毗连区法》、1996年《中华人民共和国全国人民代表大会常务委员会关于批准的决定》、1998年《中华人民共和国专属经济区和大陆架法》和1982年《联合国海洋法公约》，中国南海诸岛拥有内水、领海、毗连区、专属经济区和大陆架。此外，中国在南海拥有历史性权利。
71. 根据菲律宾1949年第387号共和国法案、1961年第3046号共和国法案、1968年第5446号共和国法案、1968年第370号总统公告、1978年第1599号总统令、2009年第9522号共和国法案等法律，菲律宾公布了内水、群岛水域、领海，专属经济区和大陆架。
72. 在南海，中国的陆地领土海岸和菲律宾的陆地领土海岸相向，相距不足400海里。两国主张的海洋权益区域重叠，由此产生海洋划界争议。
三、中菲已就解决南海有关争议达成共识
73. 中国坚决捍卫对南海诸岛的主权，坚决反对菲律宾非法侵占中国岛礁，坚决反对菲律宾依据单方面主张在中国管辖海域采取侵权行为。同时，从维护南海和平稳定出发，中国保持高度克制，坚持和平解决中菲南海有关争议，并为此作出不懈努力。中国就管控海上分歧以及推动海上务实合作等与菲律宾进行多次磋商，双方就通过谈判解决南海有关争议，妥善管控有关分歧达成重要共识。
（一）通过谈判解决南海有关争议是中菲共识和承诺
74. 中国一贯致力于在相互尊重主权和领土完整、互不侵犯、互不干涉内政、平等互利、和平共处五项原则基础上与各国发展友好关系。
75. 1975年6月，中菲关系实现正常化，两国在有关公报中明确指出，两国政府同意不诉诸武力，不以武力相威胁，和平解决所有争端。
76. 实际上，中国在解决南海问题上的“搁置争议，共同开发”倡议，首先是对菲律宾提出的。1986年6月，中国领导人邓小平在会见菲律宾副总统萨尔瓦多·劳雷尔时，指出南沙群岛属于中国，同时针对有关分歧表示，“这个问题可以先搁置一下，先放一放。过几年后，我们坐下来，平心静气地商讨一个可为各方接受的方式。我们不会让这个问题妨碍与菲律宾和其他国家的友好关系”。1988年4月，邓小平在会见菲律宾总统科拉松·阿基诺时重申“对南沙群岛问题，中国最有发言权。南沙历史上就是中国领土，很长时间，国际上对此无异议”；“从两国友好关系出发，这个问题可先搁置一下，采取共同开发的办法”。此后，中国在处理南海有关争议及同南海周边国家发展双边关系问题上，一直贯彻了邓小平关于“主权属我，搁置争议，共同开发”的思想。
Since the 1980s, the China has put forward a series of propositions and initiatives on controlling and resolving disputes between China and the Philippines in the South China Sea through negotiations. It has repeatedly reiterated its position on sovereignty over Nansha Islands, peaceful settlement of disputes in the South China Sea and the initiative of "shelving disputes and jointly developing", clearly expressing its opposition to the intervention of external forces and the internationalization of the South China Sea issue, and stressing that disputes should not be allowed to affect the development of bilateral relations.
78. In July 1992, the 25th ASEAN Foreign Ministers’ Meeting held in Manila issued the ASEAN Declaration on the South China Sea. China expressed his appreciation for the relevant principles elaborated in this declaration. China has always advocated peaceful settlement of territorial issues related to some islands and reefs in Nansha Islands through negotiations, opposed resorting to force, and is willing to negotiate with relevant countries to "shelve disputes and jointly develop" when conditions are ripe.
In August 1995, China and the Philippines jointly issued the "Joint Statement on Consultation between People’s Republic of China (PRC) and the Philippines on South China Sea Issues and Cooperation in Other Fields", stating that "disputes should be settled by countries directly concerned"; "The two sides promised to cooperate step by step and finally settle their disputes through negotiation". Since then, China and the Philippines have confirmed the relevant consensus on resolving the South China Sea issue through bilateral negotiation and consultation through a series of bilateral documents, such as the Joint Communiqué of the Meeting of the Working Group on Confidence-building Measures between China and the Philippines in March 1999 and the Joint Statement of the Government of People’s Republic of China (PRC) and the Government of the Republic of the Philippines on the Framework of Bilateral Cooperation in the 21st Century in May 2000.
80. In November 2002, China signed the Declaration with 10 ASEAN countries. In the Declaration, all parties solemnly promised: "According to the universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea, the sovereign countries directly concerned should resolve their territorial and jurisdictional disputes by peaceful means through friendly consultations and negotiations, without resorting to force or threat of force."
81. Since then, China and the Philippines have confirmed their solemn commitments in the Declaration through a series of bilateral documents, such as the Joint Press Communiqué of the Government of People’s Republic of China (PRC) and the Government of the Republic of the Philippines in September 2004 and the Joint Statement of People’s Republic of China (PRC) and the Republic of the Philippines in September 2011.
82. The above-mentioned bilateral documents between China and the Philippines and the relevant provisions of the Declaration reflect the following consensus and commitments reached by China and the Philippines on resolving disputes in the South China Sea: First, relevant disputes should be resolved between sovereign countries directly concerned; Second, relevant disputes should be settled peacefully through negotiation and consultation on the basis of equality and mutual respect; Third, the sovereign countries directly concerned "finally negotiated and resolved the disputes between the two sides" in accordance with recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea.
83. China and the Philippines have repeatedly reiterated that the relevant disputes should be settled through negotiations, and repeatedly stressed that the relevant negotiations should be conducted by the sovereign countries directly concerned. The above provisions have obviously had the effect of excluding any third-party dispute settlement methods. In particular, the 1995 Joint Statement stipulated that "the disputes between the two sides should be finally settled through negotiation". The word "finally" here is obviously to emphasize that "negotiation" is the only dispute settlement method that both sides have chosen, and to exclude any other means including third-party dispute settlement procedures. The above consensus and commitment constitute an agreement between the two countries to exclude the settlement of disputes between China and the Philippines in the South China Sea through third-party dispute settlement. This agreement must be observed.
(2) It is the consensus between China and the Philippines to properly control the disputes in the South China Sea.
84. China has always maintained that all parties should control disputes by formulating rules, improving mechanisms, pragmatic cooperation and joint development, so as to create a good atmosphere for the final settlement of disputes in the South China Sea.
85. Since the 1990s, China and the Philippines have reached a series of consensuses on controlling disputes: First, they should exercise restraint in relevant disputes and refrain from taking actions that may lead to the escalation of the situation; Second, insist on controlling disputes through bilateral consultation mechanism; Third, persist in promoting pragmatic cooperation and joint development at sea; Fourth, the relevant disputes should not affect the healthy development of bilateral relations and peace and stability in the South China Sea.
86. In the Declaration, China and the Philippines also reached the following consensus: maintain self-restraint and refrain from actions that complicate and expand disputes and affect peace and stability; Before the peaceful settlement of territorial and jurisdictional disputes, in the spirit of cooperation and understanding, strive to find various ways to build mutual trust; Explore or carry out cooperation in marine environmental protection, marine scientific research, maritime navigation and traffic safety, search and rescue, and combating transnational crimes.
87. China and the Philippines have made positive progress in managing differences and conducting pragmatic cooperation at sea.
88. In March 1999, China and the Philippines held the first meeting of the Working Group on Confidence-Building Measures in the South China Sea. The Joint Communiqué of the Meeting of the Working Group on Confidence-Building Measures between China and the Philippines pointed out that "the two sides promised to settle disputes peacefully through consultation in accordance with widely accepted principles of international law, including the United Nations Convention on the Law of the Sea, … … The two sides agreed to exercise restraint and not take actions that may lead to the escalation of the situation. "
In April 2001, the Joint Press Statement of the Third Expert Group Meeting on Confidence-Building Measures issued by China and the Philippines pointed out that "the two sides recognized that the bilateral consultation mechanism established by the two countries to explore ways of cooperation in the South China Sea was fruitful, and a series of understandings and consensus reached by the two sides played a constructive role in maintaining the healthy development of Sino-Philippine relations and peace and stability in the South China Sea."
90. In September, 2004, witnessed by the leaders of China and the Philippines, China Offshore Oil Corporation and Philippine National Oil Company signed the Agreement on Joint Marine Seismic Work in Parts of the South China Sea. With the consent of China and the Philippines, in March 2005, the national oil companies of China, the Philippines and Viet Nam signed the Tripartite Joint Marine Seismic Work Agreement in the South China Sea Agreement Zone, and it was agreed that the oil companies of the three countries would complete the collection and processing of a certain number of 2D and/or 3D seismic lines in the agreement zone of about 143,000 square kilometers within the three-year agreement period, reprocess a certain number of existing 2D seismic lines, and study and evaluate the oil resources in the agreement zone. In 2007, the Joint Statement of People’s Republic of China (PRC) and the Republic of the Philippines stated that "the two sides believe that the tripartite joint marine seismic work in the South China Sea can serve as a model for regional cooperation. The two sides agreed to explore the next stage of tripartite cooperation to a higher level to strengthen the good momentum of building mutual trust in the region. "
91. Regrettably, due to the lack of willingness of the Philippines to cooperate, the meeting of the Working Group on Confidence Measures between China and the Philippines has come to a standstill, and the joint marine seismic survey between China, the Philippines and Vietnam has failed to continue.
4. The Philippines has repeatedly taken actions that complicate the dispute.
92. Since the 1980s, the Philippines has repeatedly taken actions that complicate the dispute.
(1) The Philippines is trying to expand its occupation of some islands and reefs in the Nansha Islands in China.
93. Since the 1980s, the Philippines has been building military facilities on the islands and reefs of Nansha Islands in China, which have been illegally occupied. In the 1990s, the Philippines continued to build airports and naval and air bases on the illegally occupied islands and reefs in Nansha Islands, China, focusing on Zhongye Island in Nansha Islands, China, and continued to build and renovate airports, barracks, docks and other facilities on the illegally occupied islands and reefs, so as to facilitate the landing and landing of heavy transport aircraft and fighter planes and accommodate more and larger ships. The Philippines also deliberately provoked and frequently sent warships and planes to invade Wufang Reef, Xian ‘e Reef, Xinyi Reef, Half Moon Reef and Ren’ai Reef in Nansha Islands of China, wantonly destroying the survey marks set by China.
What’s more, on May 9, 1999, the Philippines sent a tank landing ship No.57 to invade Ren’ai Reef, China, and illegally "sat on the beach" on the reef under the pretext of "technical failure". China immediately made solemn representations to the Philippines, demanding that the ship be towed away immediately. The Philippines, on the other hand, said that the ship "lacked parts" and could not be towed away.
95. In this regard, China continued to make representations to the Philippines and repeatedly asked the Philippines to tow the ship. For example, in November 1999, China’s ambassador to the Philippines met with Philippine Foreign Minister Siazon and the director of the President’s Office, Lani Hyssos, to negotiate again about the illegal landing of the ship on the Ren’ai Reef. Although the Philippines has repeatedly promised to withdraw the ship from Ren’ai Reef, it has been dragging its feet.
96. In September 2003, after learning that the Philippines was going to build facilities around the warships illegally "sitting on the beach" in Ren’ai Reef, China immediately made solemn representations. Acting Philippine Foreign Minister Abdalin said that the Philippines has no intention of building facilities on the Ren’ai Reef. As a signatory to the Declaration, the Philippines will not and will not be the first violator.
97. However, the Philippines refused to fulfill its promise to tow the ship, but instead intensified its efforts and took further provocative actions. In February 2013, the Philippines pulled up the fixed cable around the illegal "sitting on the beach", and the crew on board frequently moved to prepare for the construction of fixed facilities. After repeated representations from China, Philippine Defense Minister Gasmin claimed that the Philippines was only replenishing and repairing the ship and promised not to build facilities on the Ren’ai Reef.
98. On March 14th, 2014, the Ministry of Foreign Affairs of the Philippines issued a statement, openly claiming that the reason why the Philippines used the No.57 tank landing ship to "sit on the beach" in Ren’ai Reef was to "deploy the warship in Ren’ai Reef as a permanent facility of the Philippine government", in an attempt to use this as an excuse to continue to refuse to fulfill the promise of towing the ship, so as to achieve the purpose of occupying Ren’ai Reef. China immediately expressed shock at this and reiterated that it would never allow the Philippine side to occupy the Ren’ai Reef in any form.
99. In July 2015, the Philippines publicly stated that it was consolidating its warships sitting on the beach in Ren’ai Reef.
100. The Philippines used a warship to "sit on the beach" in Ren’ai Reef, but promised to tow it away, but always reneged on it until it took reinforcement measures and proved by its own practical actions that the Philippines was the first country to openly violate the Declaration.
101. 长期以来，菲律宾非法侵占中国南沙群岛有关岛礁，并在岛礁上修筑各种军事设施，企图制造既成事实，长期霸占。菲律宾的所作所为，严重侵犯中国对南沙群岛有关岛礁的主权，严重违反《宪章》和国际法基本准则。
（二）菲律宾一再扩大海上侵权
102. 自20世纪70年代起，菲律宾依据其单方面主张，先后侵入中国南沙群岛礼乐滩、忠孝滩等地进行非法油气钻探，包括就有关区块进行对外招标。
103. 进入21世纪以来，菲律宾扩大对外招标范围，大面积侵入中国南沙群岛有关海域。2003年，菲律宾将大片中国南沙群岛相关海域划为对外招标区块。2014年5月，菲律宾进行了第5轮油气招标，其中4个招标区块侵入中国南沙群岛相关海域。
104. 菲律宾还不断侵入中国南沙群岛有关海域，袭扰中国渔民和渔船正常生产作业。据不完全统计，1989年至2015年，在上述海域共发生菲律宾非法侵犯中国渔民生命和财产安全事件97件，其中枪击8件，抢劫34件，抓扣40件，追赶15件；共涉及中国渔船近200艘，渔民上千人。菲律宾还野蛮、粗暴对待中国渔民，施以非人道待遇。
105. Filipino armed men often ignore the lives of fishermen in China and use excessive force. For example, on April 27, 2006, armed fishing boats from the Philippines invaded the southern shoal of Nansha Islands in China and attacked the fishing boat Qiongqionghai 03012 from China. An armed dinghy and four gunmen from the Philippines approached the fishing boat in China and fired directly at the bridge of the fishing boat, causing four fishermen, including Andy Chen Chao, to die on the spot, two seriously injured and one slightly injured. Subsequently, 13 gunmen forcibly boarded the fishing boat and robbed the ship of satellite navigation, communication equipment, production tools and catches.
106. The Philippines has repeatedly taken various maritime tort actions in an attempt to expand its illegal claims in the South China Sea and seriously violated China’s sovereignty and related rights and interests in the South China Sea. The infringement of rights in the Philippines has seriously violated its commitment in the Declaration to exercise self-restraint and not to take actions that complicate and enlarge disputes. The Philippines shot and robbed China fishing boats and fishermen, illegally detained China fishermen and treated them inhumanely, which seriously violated the personal and property safety and personal dignity of China fishermen and blatantly trampled on basic human rights.
(3) The Philippines attempted to get its hands on Huangyan Island in China.
107. The Philippines has also made territorial claims and attempted to illegally occupy Huangyan Island in China.
108. Huangyan Island is an inherent territory of China, and China has continuously, peacefully and effectively exercised sovereignty and jurisdiction over Huangyan Island.
109. Before 1997, the Philippines never disputed that Huangyan Island belonged to China, and never claimed the territory of Huangyan Island. On February 5, 1990, Philippine Ambassador to Germany Bianco Nido wrote to German radio enthusiast Dieter, saying: "According to the Philippine National Map and Resource Information Bureau, scarborough Reef or Huangyan Island is not within the territorial sovereignty of the Philippines."
On October 28th, 1994, the National Map and Resources Information Bureau of the Philippines issued the Certificate of the Territorial Boundary of the Republic of the Philippines, which stated that "the territorial boundary and sovereignty of the Republic of the Philippines are determined by Article 3 of the Paris Treaty signed on December 10th, 1898" and confirmed that "the territorial boundary shown in the No.25 official map issued by the Ministry of Environment and Natural Resources of the Philippines through the National Map and Resources Information Bureau is completely correct and reflects the real state". As mentioned earlier, the Paris Treaty and two other treaties have defined the territorial boundary of the Philippines, and Huangyan Island in China is obviously outside this boundary. Official map no.25 reflects this fact. In a letter to the American Radio Association on November 18, 1994, the Philippine Radio Enthusiast Association wrote, "It is a very important fact that the relevant government agencies (in the Philippines) stated that scarborough Reef is located outside the territorial boundary of the Philippines based on Article 3 of the Paris Treaty signed on December 10, 1898."
111. In April 1997, the Philippines changed its position that its territorial scope did not include Huangyan Island, followed, monitored and interfered with the exploration activities of the international joint amateur radio expedition organized by China Radio Sports Association, and even ignored historical facts, claiming that Huangyan Island was within the exclusive economic zone of 200 nautical miles advocated by the Philippines, so it was Philippine territory. In this regard, China has repeatedly made representations to the Philippines, clearly pointing out that Huangyan Island is the inherent territory of China, and the Philippine claim is unreasonable, illegal and invalid.
112. On February 17, 2009, the Philippine Congress passed Republic Act 9522, which illegally classified Huangyan Island in China and some islands and reefs in Nansha Islands as Philippine territory. In this regard, China immediately made representations to the Philippines and issued a statement, reaffirming China’s sovereignty over Huangyan Island and Nansha Islands and their adjacent waters. Any other country’s claim for territorial sovereignty over Huangyan Island and Nansha Islands is illegal and invalid.
113. On April 10th, 2012, the Philippine warship "Del pilar" broke into the waters near Huangyan Island in China, illegally arrested and severely treated China fishermen and fishing boats operating in the waters, and deliberately provoked the Huangyan Island incident. China made solemn representations to the Philippines many times in Beijing and Manila, strongly protesting against the Philippines’ violation of China’s territorial sovereignty and hurting China fishermen, and demanding that the Philippines immediately withdraw all ships and personnel. At the same time, the China government quickly dispatched sea surveillance and fishery law enforcement vessels to Huangyan Island to safeguard sovereignty and rescue fishermen in China. In June, 2012, after repeated solemn representations by China, the Philippines withdrew relevant ships and personnel from Huangyan Island.
114. The illegal territorial claim of the Philippines to Huangyan Island in China has no basis in international law. The so-called claim that Huangyan Island is within the exclusive economic zone of 200 nautical miles in the Philippines but is Philippine territory is obviously a deliberate and absurd distortion of international law. The Philippine sent warships into the waters near Huangyan Island, which seriously violated China’s territorial sovereignty and the basic principles of the Charter and international law. The Philippines encouraged and encouraged Philippine ships and personnel to invade the waters of Huangyan Island in China on a large scale, which seriously violated China’s sovereignty and sovereign rights in the waters of Huangyan Island. The Philippines illegally detained China fishermen who were operating normally in the waters of Huangyan Island and subjected them to severe inhuman treatment, which seriously violated the personal dignity of China fishermen and trampled on human rights.
(D) The unilateral arbitration initiated by the Philippines is a malicious act.
115. On January 22, 2013, the then government of the Republic of the Philippines violated the consensus reached between China and the Philippines and repeatedly confirmed that disputes in the South China Sea should be resolved through negotiations, and violated its solemn commitment made in the Declaration. Knowing that territorial disputes did not fall within the scope of adjustment of the Convention and that maritime delimitation disputes had been excluded by China’s relevant statement in 2006, it deliberately packaged the disputes into simple issues of interpretation or application of the Convention and abused the Convention. The Philippine move is not to resolve the dispute with China, but to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea. The behavior of the Philippines is malicious.
116. First, the Philippines unilaterally initiated arbitration, which violated the agreement between China and the Philippines to resolve disputes through bilateral negotiations. In relevant bilateral documents, China and the Philippines have reached an agreement on resolving disputes in the South China Sea through negotiations and confirmed it many times. In the Declaration, China and the Philippines made a solemn commitment to resolve the disputes in the South China Sea through negotiations, which were repeatedly confirmed in bilateral documents. The above-mentioned bilateral documents between China and the Philippines and the relevant provisions of the Declaration complement each other and constitute an agreement between China and the Philippines. On this basis, the two countries chose to solve the relevant disputes by negotiation, and excluded third-party methods including arbitration. The agreement must be observed. This basic norm of international law must be implemented. The Philippines’ violation of its solemn commitments is a serious breach of trust, and it does not create any rights for the Philippines, nor does it create any obligations for China.
117. Secondly, the Philippine unilaterally initiated arbitration, which violated China’s right to choose its own dispute settlement method as a party to the Convention. Article 280 of Part XV of the Convention stipulates that "nothing in this Convention shall prejudice the right of any contracting state to agree at any time to settle disputes between them concerning the interpretation or application of this Convention by any peaceful means of its own choice"; Article 281 stipulates that "if the contracting States, as the parties to a dispute concerning the interpretation or application of this Convention, have agreed to seek a settlement of the dispute by peaceful means of their own choice, the procedures stipulated in this Part will only be applied if this method has not been resolved and the agreement between the parties to the dispute does not exclude any other procedures". Since China and the Philippines have made a clear choice to resolve disputes through negotiations, the third-party compulsory dispute settlement procedure stipulated in the Convention is not applicable.
118. Third, the Philippines unilaterally initiated arbitration and abused the dispute settlement procedure of the Convention. The essence of the arbitration initiated by the Philippines is the territorial sovereignty of some islands and reefs in Nansha Islands, and related matters also constitute an inseparable part of the maritime delimitation between China and the Philippines. The issue of land territory does not fall within the scope of adjustment of the Convention. In 2006, China made an exclusionary declaration in accordance with Article 298 of the Convention, excluding disputes involving maritime delimitation, historic bays or ownership, military and law enforcement actions from the dispute settlement procedure of the Convention. The exclusionary declarations made by about 30 countries, including China, constitute an integral part of the dispute settlement mechanism of the Convention. The Philippines maliciously circumvented China’s restrictions that exclusionary statements and land and territorial disputes are not matters regulated by the Convention through packaging appeals, and unilaterally initiated arbitration, which constituted an abuse of the dispute settlement procedure of the Convention.
119. Fourthly, in order to promote arbitration, the Philippines fabricated facts, misinterpreted laws and fabricated a series of lies:
— — Knowing that its arbitration claim involves China’s territorial sovereignty in the South China Sea, the Philippines deliberately misinterprets and packages it as an issue of interpretation or application of the Convention.
— — The Philippines knows that its arbitration claim involves maritime delimitation, and China has made a declaration in accordance with Article 298 of the Convention, excluding disputes including maritime delimitation from the third-party dispute settlement procedure stipulated in the Convention, but it deliberately separates all factors that need to be considered in the process of maritime delimitation and treats them in isolation in an attempt to evade China’s relevant exclusionary statement;
— — Ignoring the fact that China and the Philippines have never conducted any negotiations on their arbitration matters, the Philippines deliberately misinterpreted some of its consultations with China on general maritime affairs and cooperation as negotiations on arbitration matters, and claimed that bilateral negotiation means had been exhausted on this pretext;
— — The Philippines claims that it does not seek to determine any territorial ownership or delineate any maritime boundary. However, in the arbitration process, especially in the trial, it has repeatedly denied China’s territorial sovereignty and maritime rights and interests in the South China Sea;
— — Ignoring China’s consistent position and practice on the South China Sea issue, the Philippines falsely claims that China claims exclusive maritime rights and interests over the whole South China Sea;
— — The Philippines deliberately exaggerates the historical role of western colonists in the South China Sea, and denies the historical facts and corresponding legal effects of China’s long-term development, management and jurisdiction of relevant waters in the South China Sea;
— — The Philippines is far-fetched, piecing together evidence that is not relevant and probative, and strongly supporting its claim;
— — The Philippines interprets the rules of international law at will, citing a large number of highly controversial judicial cases and non-authoritative personal opinions to support its demands.
120. In short, the unilateral arbitration initiated by the Philippines violates international law, including the dispute settlement mechanism of the Convention. The arbitral tribunal of the South China Sea arbitration case, established at the unilateral request of the Philippines, has no jurisdiction from the beginning, and its award is invalid and not binding. China’s territorial sovereignty and maritime rights and interests in the South China Sea are not affected by the arbitral award under any circumstances. China does not accept or recognize the award, and opposes and does not accept any claims and actions based on the arbitral award.
V. China’s policy in handling the South China Sea issue.
121. China is an important force in maintaining peace and stability in the South China Sea. China always abides by the purposes and principles of the Charter, firmly upholds and promotes the international rule of law, respects and practices international law, while firmly safeguarding China’s territorial sovereignty and maritime rights and interests in the South China Sea, persists in resolving disputes through negotiation and consultation, persists in managing differences through rules and mechanisms, persists in achieving win-win results through mutually beneficial cooperation, and is committed to building the South China Sea into a sea of peace, friendship and cooperation.
122. China insists on maintaining peace and stability in the South China Sea together with regional countries, firmly safeguards the freedom of navigation and overflight enjoyed by all countries in the South China Sea in accordance with international law, actively advocates the efforts of foreign countries to respect regional countries, and plays a constructive role in maintaining peace and stability in the South China Sea.
(1) On the territorial issue of Nansha Islands
123. China firmly upholds its sovereignty over the South China Sea Islands and their adjacent waters. Some countries have put forward illegal territorial claims and occupied some islands and reefs in Nansha Islands by force, which is a serious violation of the Charter and the basic norms of international relations. It is illegal and invalid. China resolutely opposes this and demands that the countries concerned stop invading China’s territory.
124. China has always been committed to resolving relevant disputes through negotiations with the countries directly concerned, including the Philippines, on the basis of respecting historical facts and in accordance with international law.
125. As we all know, the issue of land territory is not a matter regulated by the Convention. Therefore, the Convention does not apply to the territorial issue of Nansha Islands.
(2) On maritime delimitation in the South China Sea.
126. China maintains that the countries directly concerned should solve the maritime delimitation in the South China Sea fairly through negotiations in accordance with international laws, including the Convention. Before the final settlement of the demarcation issue, all parties should exercise self-restraint and refrain from actions that complicate and enlarge the dispute and affect peace and stability.
In 1996, when ratifying the Convention, China declared: "People’s Republic of China (PRC) will demarcate its maritime jurisdiction with countries with opposite or adjacent coasts through consultation, on the basis of international law and in accordance with the principle of fairness." In 1998, the Law of People’s Republic of China (PRC) on the Exclusive Economic Zone and Continental Shelf further clarified the principled position of China in solving the maritime delimitation problem with its maritime neighbors, that is, "If People’s Republic of China (PRC)’s claims on the exclusive economic zone and continental shelf overlap with those of countries with adjacent coasts or opposite coasts, the boundary shall be demarcated by agreement on the basis of international law in accordance with the principle of fairness" and "the provisions of this Law shall not affect the historical rights enjoyed by People’s Republic of China (PRC)".
128. China does not accept any attempt to impose maritime jurisdiction on China through unilateral actions, nor does it recognize any action that harms China’s maritime rights and interests in the South China Sea.
(3) About dispute settlement methods
129. Based on a deep understanding of international practice and China’s own rich national practice, China firmly believes that no matter which mechanism or method is chosen to solve any disputes between countries, it should be based on the consent of the state.
130. On the issue of territorial and maritime delimitation, China does not accept any dispute settlement scheme imposed on China, nor does it accept any recourse to a third party. On August 25, 2006, China submitted a statement to the Secretary-General of the United Nations in accordance with the provisions of Article 298 of the Convention, stating that "regarding any dispute mentioned in Article 298 (1) (a), (b) and (c) of the Convention, the government of People’s Republic of China (PRC) will not accept any procedures stipulated in Section 2 of Part XV of the Convention", and it is clear that it will involve maritime delimitation, historic bays or.
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(4) On managing differences in the South China Sea and conducting pragmatic cooperation at sea.
According to international law and practice, before a maritime dispute is finally settled, the countries concerned should exercise restraint and make every effort to make practical temporary arrangements, including establishing and improving dispute control rules and mechanisms, carrying out cooperation in various fields, promoting "shelving disputes and jointly developing", maintaining peace and stability in the South China Sea and creating conditions for the final settlement of disputes. The relevant cooperation and joint development shall not prejudice the demarcation of the final boundary.
133. China actively promotes the establishment of bilateral maritime consultation mechanisms with relevant countries to explore joint development in the fields of fisheries, oil and gas, and advocates that relevant countries actively explore the establishment of cooperation mechanisms among coastal countries in the South China Sea in accordance with the relevant provisions of the Convention.
China has always been committed to working with ASEAN countries to fully and effectively implement the Declaration and actively promote pragmatic cooperation at sea. It has achieved "early harvest" results, including the establishment of "China-ASEAN joint maritime search and rescue hotline platform", "China-ASEAN senior diplomatic officials hotline platform for responding to maritime emergencies" and "China-ASEAN joint maritime search and rescue sand table deduction".
135. China has always advocated that all parties actively promote the consultation on the "Code of Conduct in the South China Sea" within the framework of full and effective implementation of the Declaration, and strive to reach the "Code" at an early date on the basis of consensus. In order to properly control maritime risks before the "Code" is finally reached, China proposed to explore and formulate "preventive measures for maritime risk control", which was unanimously recognized by ASEAN countries.
(5) Freedom and safety of navigation in the South China Sea
136. China has always been committed to safeguarding the freedom of navigation and overflight enjoyed by all countries in accordance with international law and safeguarding the safety of sea lanes.
137. There are many important navigation channels in the South China Sea, and the related channel is also one of the main channels for China’s foreign trade and energy import. It is very important for China to guarantee the freedom of navigation and overflight in the South China Sea and safeguard the safety of the sea channel in the South China Sea. For a long time, China has been committed to working with ASEAN countries to ensure the smoothness and safety of the South China Sea waterway, and has made significant contributions. There is no problem with the freedom of navigation and overflight enjoyed by countries in the South China Sea according to international law.
138. China actively provides international public goods, and strives to provide services to the international community, including navigation AIDS, search and rescue, sea conditions and weather forecasts, through various capacity building, so as to ensure and promote the safety of maritime navigation channels in the South China Sea.
139. China maintains that when all parties concerned exercise freedom of navigation and overflight in the South China Sea, they should fully respect the sovereignty and security interests of coastal States and abide by the laws and regulations formulated by coastal States in accordance with the provisions of the Convention and other rules of international law.
(6) On jointly safeguarding peace and stability in the South China Sea
140. China maintains that peace and stability in the South China Sea should be jointly maintained by China and ASEAN countries.
141. China adheres to the path of peaceful development, the defensive national defense policy, the new security concept of mutual trust, mutual benefit, equality and cooperation, the neighboring foreign policy of being a good neighbor and partner, and the neighboring foreign policy of being good, secure and rich, and practicing the diplomatic concept of being close, sincere, beneficial and tolerant. China is a staunch force for maintaining peace and stability and promoting cooperation and development in the South China Sea. China is committed to deepening good-neighborliness and friendship with neighboring countries, actively promoting pragmatic cooperation with neighboring countries and regional organizations such as ASEAN, and achieving mutual benefit and win-win results.
142. The South China Sea is not only a bridge between China and neighboring countries, but also a link of peace, friendship, cooperation and development between China and neighboring countries. Peace and stability in the South China Sea are closely related to the security, development and prosperity of countries in the region and the well-being of people in the region. Achieving peace, stability, prosperity and development in the South China Sea is the common aspiration and responsibility of China and ASEAN countries, and it is in the common interest of all countries.
143. China will continue to make unremitting efforts to this end.
