Permanent Court of Arbitration has no jurisdiction right over China’s sovereignty, maritime demarcat
Based on the
United Nations Conference on the
Law of the Sea (
UNCLOS), the
Permanent Court of Arbitration (
PCA) in
The Hague has no jurisdiction right over
China's sovereignty and maritime demarcation of
South China Sea, said a professor of international law from China's
Taiwan at the
Seminar on the South China Sea Arbitration and the
International Rule of Law.
"There is no authority for the arbitral tribunal to judge territorial disputes as the arbitral tribunal was established based on the seventh attachment of the United Nations
Convention on the Law of the Sea (UNCLOS). So under this, the arbitral tribunal only can trail the applicative disputes involved in the UNCLOS. While the UNCLOS never stipulates owning of territorial sovereignty. So the territorial disputes are the issues the arbitral tribunal never can touch," said
Michael Sheng-ti Gau, the professor in an interview with
China Central Television.
In accordance with the
Article 298 of the UNCLOS that avoided raising subjects or making claims,
China declared on August 25,
2006 that China has excluded from arbitral jurisdiction by virtue of the
Declaration.
"The maritime demarcation disputes are those can be explained or judged by the UNCLOS. While the
Chinese government has made the Declaration under UNCLOS's relevant article that let the contracting parties be excluded from arbitral jurisdiction over the maritime demarcation disputes. China completed this action in 2006. So arbitral tribunal's jurisdiction right to the maritime demarcation disputes has been deprived already," said Gau.
Gau said China's rejecting of arbitral tribunal judgment is a reasonable act safeguarding its own sovereignty.
"
The South China Sea arbitration initiated by the
Philippines gets involved in the territorial and maritime demarcation disputes. China affirmed what the Philippines initiated are territorial and maritime demarcation disputes, which cannot be judged by the arbitral tribunal," said Gau.
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