中国外长王毅就所谓南海仲裁庭裁决结果发表的谈话

　　Remarks by Chinese Foreign Minister Wang Yi on the Award of the So-called Arbitral Tribunal in the South China Sea Arbitration

　　今天，一个临时组建的仲裁庭，就菲律宾前任政府单方面提起的南海仲裁案作出所谓裁决，企图损害中国在南海的领土主权和海洋权益。就此，中国外交部已经发布声明，表明中方不接受、不承认仲裁裁决的严正立场。同时，中国外交部还受权发布了《中华人民共和国政府关于在南海的领土主权和海洋权益的声明》，郑重阐述了中国在南海享有的领土主权和海洋权益。在此基础上，我愿进一步阐明中方的态度：

　　Today, an Arbitral Tribunal, put together on a temporary basis, issued a so-called award on the South China Sea arbitration, which was unilaterally initiated by the former government of the Philippines, in an attempt to undermine China’s territorial sovereignty and maritime rights and interests in the South China Sea. Responding to such a move, the Chinese Foreign Ministry issued a statement, affirming China’s staunch position of non-acceptance and non-recognition of the award. At the same time, the Foreign Ministry was also given authorization to issue the Statement of the Government of the People’s Republic of China on China’s Territorial Sovereignty and Maritime Rights and Interests in the South China Sea to solemnly reaffirm China’s territorial sovereignty and maritime rights and interests in the South China Sea. It is on those bases that I elaborate on China’s proposition as follows.

　　第一，南海仲裁案从头到尾就是一场披着法律外衣的政治闹剧，这一本质必须予以彻底的揭露。

　　First, the South China Sea arbitration is completely a political farce staged under legal pretext. Such a nature must be exposed for everyone to see.

　　菲律宾前任政府在某些域外势力的策划操纵下，不经当事方同意，背弃通过双边谈判协商解决争端的协议，违反《南海各方行为宣言》中的承诺，单方面提起所谓仲裁案。其目的显然不是为了妥善解决中国与菲律宾之间的争议，而是意在侵犯中国的领土主权和海洋权益，损害南海地区的和平与稳定。对于这样一个程序和法律适用牵强附会，证据和事实认定漏洞百出的仲裁案，中国人民根本不会接受，国际上一切主持公道的人们也都不会认同。

　　Plotted and manipulated by certain forces outside the region, the former government of the Philippines unilaterally initiated the arbitration with no consent of the other party. Such an act ran counter to the agreement previously reached between the two sides to resolve disputes through bilateral negotiation and consultation. It also violated the commitment the Philippines made in the Declaration on the Conduct of Parties in the South China Sea (DOC). Its purpose is clearly not to seek proper settlement of disputes with China, but to violate China’s territorial sovereignty and maritime rights and interests and put peace and stability in the South China Sea in jeopardy. 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.

　　第二，中国不接受、不参与仲裁，是在依法维护国际法治和地区规则。

　　Second, China’s position of non-acceptance and non-participation is aimed at upholding international rule of law and rules of the region.

　　国际法赋予各国自主选择争端解决方式的权利;《联合国海洋法公约》规定成员国有权排除强制性管辖程序;中国与东盟十国签署的《南海各方行为宣言》明文规定应由直接当事国通过对话谈判来解决具体争端。因此，中国选择不接受、不参与仲裁，具有充分的法理依据，符合国际海洋法制度规范，完全是在依法行事。

　　According to international law, each country has the right to choose on its own will the means of dispute settlement. The United Nations Convention on the Law of the Sea (UNCLOS) gives the State Parties the right to exclude relevant disputes from the application of compulsory dispute settlement procedures. The DOC signed by China and the ten ASEAN countries manifestly stipulates that relevant disputes should be resolved by countries directly concerned through dialogue and negotiation. China’s non-acceptance of and non-participation in the arbitration is solidly based on international law, and is consistent with the norms and rules of the international law of the sea. China is acting in strict accordance with the law.

　　仲裁庭作出的所谓裁决侵犯了中方的合法权利，挑战了尊重主权和领土完整的国际法准则，损害了国际海洋法律制度的严肃性和完整性，冲击了以《南海各方行为宣言》为基础的地区规则。仲裁庭的成立缺乏合法性，对本案不具管辖权，其裁决明显扩权、越权，不可能产生任何法律效力。

　　The award given by the Arbitral Tribunal violates China’s lawful rights. It challenges the norms of international law, including respect for sovereignty and territorial integrity. It undermines the sanctity and integrity of the system of international law of the sea, and has a negative impact on the rules of the region established on the basis of the DOC. The establishment of the Arbitral Tribunal has no legitimacy and the Arbitral Tribunal has no jurisdiction over the case. The award is clearly out of the Arbitral Tribunal’s acts of self-expansion of power and ultra vires, and has no legal effect.