人们注意到,仲裁庭在有关管辖权问题的裁决中,竟然将中国和东盟十国政府共同签署的《宣言》一贬到底。试问,占全球人口近1/3的十一国人民共同选择的争议解决道路岂是凭仲裁庭只言片语就可以随意颠覆?除此之外,有关裁决还歪曲解读《联合国海洋法公约》有关条款,对公约所规定的"就争议问题交换意见义务"任作解释,企图降低各缔约国进入争端强制解决程序的门槛,为一些国家策划新的闹剧铺平道路。这种随意扩大自我权限的行径,无疑是给一些人打着仲裁旗号胡闹之举开绿灯,注定不会得到主权国家的认同。
What is also astonishing is that the arbitral tribunal could not tell right from wrong and followed suit by belittling the DOC, the document signed by the governments of China and the ten ASEAN countries, in its ruling on the relevant jurisdiction issue. One cannot help but ask how can the choice of dispute settlement approach made by all the people of eleven countries, or nearly one third of the world's population, be easily overturned by a word or two of the arbitral tribunal?! What's more, the relevant ruling also gives a distorted interpretation of the relevant provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and arbitrarily interprets UNCLOS' stipulation on the "obligation to exchange views" on disputes. That is an attempt to lower the threshold for the states parties to enter into the compulsory procedures and to pave the way for new farces planned by some countries. If the interpretation of the arbitral tribunal becomes a reality, countries will be constantly involved invarious legal actions and the world will hardly have a quiet day. All little disputes between two states will inevitably lead to lawsuits. Such an act of arbitrarily expanding the power of oneself will never have the consent of sovereign states.
公平正义的国际法治不可能因为一场闹剧就被扭曲改写,《宣言》不会因为几句歪理便成为废纸一张,各成员国都有责任和义务维护《宣言》的有效性和权威性,使其继续发挥"定海神针"的作用。
The international rule of law upholding equity and justice cannot be distorted by a farce, and the DOC shall not become a scrap of paper just because of a few unfounded remarks. All parties to the DOC have the responsibility and obligation to safeguard its validity and authority, so that it can continue to play the role of a "stability anchor."
菲律宾南海仲裁案是披着法律外衣的政治挑衅。10月底,应菲律宾单方面请求而建立的仲裁庭作出管辖权和可受理性裁决,大玩倒黑为白的手法,竭其所能为菲方观点说项背书,罔顾基本事实,违背根本法理,为菲非法侵占中国领土和侵犯中国海洋权益张目。仲裁庭论证过程中充斥着牵强附会的主观臆断之辞,失实、失理、失义,完全没有显示出公正客观的立场。
The Philippines' South China Sea arbitration is a political provocation under the cloak of law. In the end of October, in disregard of basic facts and fundamental jurisprudence, the Arbitral Tribunal set up at the unilateral request of the Philippines rendered the award on jurisdiction and admissibility of the arbitration. Confounding black and white, the Tribunal spared no effort to back up the Philippines' arguments, thus rendering support and encouragement to the Philippines' illegal occupation of China's territory and encroachment upon China's maritime rights and interests. Fraught with far-fetched and unfounded assumptions, the reasoning process of the Tribunal was by no means based on facts, common sense or justice, and its positions were neither fair nor impartial.