Convention not applicable

China will neither accept nor participate in the arbitration related to the dispute over "maritime jurisdiction" in the South China Sea

Editor's Note: On Sunday, the Ministry of Foreign Affairs was authorized to release the Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines. The full text of the Position Paper is available on the website of the Ministry, i.e.www.fmprc.gov.cn. The following is a summary of the Position Paper:

I.

On 22 January 2013, the Department of Foreign Affairs of the Republic of the Philippines presented a note verbale to the Embassy of the People's Republic of China in the Philippines, stating that the Philippines initiated compulsory arbitration proceedings with respect to the dispute with China over "maritime jurisdiction" in the South China Sea. On 19 February 2013, the Chinese Government rejected and returned the Philippines' note verbale together with the attached Notification and Statement of Claim. The Chinese Government has subsequently reiterated that it will neither accept nor participate in the arbitration thus initiated by the Philippines.

This Position Paper is intended to demonstrate that the arbitral tribunal established at the request of the Philippines for the present arbitration ("Arbitral Tribunal") does not have jurisdiction over this case. No acceptance by China is signified in this Position Paper of the views or claims advanced by the Philippines. Nor shall this Position Paper be regarded as China's acceptance of or participation in this arbitration.

II.

The essence of the subject-matter of the arbitration is the territorial sovereignty over several maritime features in the South China Sea, which does not concern the interpretation or application of the United Nations Convention on the Law of the Sea ("Convention").