英语口译:杨洁篪就南海仲裁案裁决结果接受中央媒体采访
英文巴士2016-07-18 14:33
Sovereignty is a bottom line for China. Big as China is, we cannot afford to give away a single inch of territory that our ancestors have left to us. China’s territorial sovereignty and maritime rights and interests in the South China Sea have been formed over the course of over two thousand years. They are fully backed by historical and legal evidence. Under no circumstances can they ever be negated by a so-called award that is full of nonsense. The award can neither change historical facts nor deny China’s claims of rights and interests in the South China Sea. Still less can it waver our resolve and determination to safeguard territorial sovereignty and maritime rights and interests. China’s position of not accepting or recognizing the award will not change. At the same time, China will stay committed to following a path of peaceful development, to resolving the disputes in the South China Sea through negotiation and consultation, to developing friendly relations and win-win cooperation with its neighbors, and to working with others to maintain peace and stability in the South China Sea.
记者:为什么说菲律宾提起仲裁违反国际法?
Reporter: Why do you believe that the Philippines’ initiation of arbitration is against international law?
杨洁篪:国际法治的基本要求是依法行事。中菲南海争议的核心是领土问题和海域划界问题。对于领土问题,《联合国海洋法公约》根本管不着。对于海域划界问题,中国早在2006年就根据《公约》规定作出声明,排除适用《公约》争端解决机制。菲律宾阿基诺三世政府单方面提起仲裁的行为,违反中菲多年来达成的通过谈判解决南海有关争议的双边协议,违反中国与包括菲律宾在内的东盟国家于2002年签署的《南海各方行为宣言》,违反国际法,违反《公约》。这一仲裁自始至终都是非法的,不能同国际法划等号。
Yang Jiechi: A basic requirement of international rule of law is that actions must be taken in strict accordance with the law. The crux of disputes between China and the Philippines in the South China Sea are issues concerning territory and maritime delimitation. Territorial issues are not governed by UNCLOS. On maritime delimitation, China made a declaration on optional exceptions in 2006 pursuant with UNCLOS stipulations, excluding it from the dispute settlement mechanisms of UNCLOS. By unilaterally initiating arbitration, the Philippine government under Aquino III has gone against its long-standing bilateral agreement with China that disputes in the South China Sea shall be settled through negotiation, violated the DOC signed in 2002 by China and ASEAN countries, the Philippines included, and breached international law and UNCLOS. Hence, this arbitration has been illegal since the very beginning. It cannot be seen as an application of international law.
记者:为什么说仲裁庭丧失了公正性和合法性?为什么说仲裁裁决是非法无效的?
Reporter: Why do you think that the Arbitral Tribunal lacks legitimacy and impartiality? Why is the award illegal and invalid?
杨洁篪:从仲裁庭的组成来看,大部分成员是由右翼色彩浓厚、一心推动突破战后体制的日本籍时任国际海洋法法庭庭长柳井俊二指定的。此外,个别仲裁员和专家证人还在审理过程中推翻自身以往长期坚持观点,为菲方说项。任何明眼人都能看出其中的猫腻。
Yang Jiechi: If you look at the composition of the Arbitral Tribunal, most of the arbitrators were appointed by Shunji Yanai, the then President of the International Tribunal for the Law of the Sea and a right-wing Japanese intent on ridding Japan of post-war arrangements. In the proceedings, some arbitrators and experts even backtracked from their long-held views to make the case for the Philippines. Anyone with good sense can see the tricks.
仲裁庭不顾中方表达的严正立场,任意扩大管辖权,完全无视南海的历史和现实,曲解《公约》有关规定,从一开始就把《公约》这本经念歪了,其越权、扩权作出的非法裁决自然非法无效。仲裁庭代表不了国际法,更代表不了国际公平和正义。
In disregard of China’s staunch position, the Arbitral Tribunal willfully went beyond its authority, turned a blind eye to the history and reality of the South China Sea and misinterpreted relevant stipulations of UNCLOS. It has deviated from UNCLOS from the very beginning and overstepped and expanded its authority to render this award. Naturally, such an award can only be illegal and invalid. The Tribunal can in no way represent international law, still less equity and justice in the world.
记者:裁决结果对中国的南海断续线有何影响?
Reporter: How will the award affect China’s dotted line in the South China Sea?
杨洁篪:历史不容篡改,法律不容滥用。中国在南海的主权、权利及相关主张是在中国人民千百年来的历史实践中逐渐形成和不断发展起来的,并且一直为历届中国政府所坚持。早在1948年,中国政府就在公开发行的官方地图上标绘了南海断续线,确认了中国对南海诸岛及其附近海域的主权和相关海洋权益,这是不容置疑的历史事实。中国是《联合国海洋法公约》的缔约国,中国当然享有《公约》规定的权利。中国在南海权益主张远早于《公约》签署的时代,它不可能被《公约》所否定,更不可能被一纸谬误百出的所谓裁决所否定。中国在南海的主权和海洋权益受到国际法和《公约》的双重保护。
Yang Jiechi: History brooks no distortion and law no abuse. China’s sovereignty, rights and relevant claims in the South China Sea are gradually formed and developed by the practice of the Chinese people throughout millennia and have been upheld by successive Chinese governments. As early as in 1948, the Chinese government marked the dotted line in the South China Sea on its officially published map, which affirmed China’s sovereignty over the South China Sea Islands and maritime rights and interests in their adjacent waters. This is a historical fact beyond any doubt. As a state party to UNCLOS, China is fully entitled to its rights under UNCLOS. China’s claims of rights and interests in the South China Sea long predate the signing of UNCLOS. They shall by no means be denied by UNCLOS, still less by an unwarranted and flawed award. China’s sovereignty and maritime rights and interests in the South China Sea are protected by both international law and UNCLOS.
记者:南海仲裁案裁决公布后,中国将如何维护在南海的领土主权和海洋权益?
Reporter: Given that the award has been rendered, how will China safeguard its territorial sovereignty and maritime rights and interests in the South China Sea?
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