《公约》也规定，提起诉讼前相关方须充分交换意见，但菲律宾从未与中国就仲裁事项进行任何沟通。菲在申诉报告中声称，因与中国的"双边磋商"以及"后续的众多沟通"都"陷入僵滞"无法解决问题而提起仲裁。这不是实话，事实上，是中方一直试图与菲律宾进行有意义的沟通而得不到回应。

UNCLOS also stipulates that the Philippines must exchange views related to the arbitration over the dispute with China. But the Philippines has never consulted with China on the subject matters of the arbitration. And it was not telling the truth when it reported an "impasse" with China in "the bilateral exchanges" and "the great many subsequent exchanges." In fact, it was China that tried in vain to engage in meaningful dialogue with the Philippines.

因此，菲单方面提起的仲裁并未满足《公约》规定的法定前置条件。此外，菲方单方面提起仲裁也违反了其先前与中方达成的共识，即：双方承诺通过双边谈判和协商解决争议。

Therefore, the Philippines' unilateral initiation of arbitration has fallen short of meeting the UNCLOS conditions. Besides, by unilaterally initiating the arbitration, the Philippines has violated an earlier agreement it reached with China: Both countries previously stated their commitment to bilateral negotiations and consultations as the means to settle disputes.

为什么中国"不承认、不执行"仲裁庭即将作出的裁决？尽管《公约》288(4)条款规定，仲裁庭有权决定自身管辖权，但是该条款的适用不是无条件的。国际法中不存在所谓"绝对权力"，仲裁庭作为《公约》制度下的一个国际争端解决机制，其权威和权力是所有缔约国让渡的。如果仲裁庭滥用权力，包括中国乃至国际社会有权拒绝接受裁决。我们不难看到，仲裁庭在该案的审理过程中过度任性，明显违反国际法治基本准则，动摇中国和其他国家对《公约》的信心。

Why does China find it impossible to recognize and implement the tribunal's upcoming decision? Although Article 288(4) of UNCLOS stipulates that the tribunal should decide whether it has jurisdiction, the application of this provision is not unconditional. Indeed, there is no such thing as absolute power in international law. This tribunal, whose authority and power are conferred by states, is an international dispute settlement mechanism under UNCLOS. If the tribunal abuses its power, China – along with any other members in the international community – would have the right to reject its decisions. And in this case, the tribunal has acted in a reckless and arbitrary fashion. In doing so, it has violated the basic principles of international rule of law and undermined China's and other nations' faith in UNCLOS.