A pointless exercise in futility

China has reiterated that it will neither accept nor participate in the international arbitration unilaterally pushed forward by the Philippines, and has consistently contended that the disputes surrounding the South China Sea should be solved through consultations and negotiations of the two parties.

In both international law and international practice, solving such disputes directly through consultations and negotiations, even though the negotiations might take a long time, is the best way to attain a fair and lasting agreement that can be accepted by both parties.

To solve disputes over the sovereignty of islands and maritime demarcation through direct bilateral negotiations between the countries involved is an important consensus in the Declaration on the Conduct of Parties in the South China Sea, which was signed by China and the ASEAN nations, including the Philippines. The Philippines should adhere to its promises and fully implement the consensus.

In addition, China and the Philippines reached a clear consensus in a series of documents: In the joint statement on the issue of the Nansha Islands released in August 1995, China and the Philippines agreed that "a gradual and progressive process of cooperation shall be adopted with a view to eventually negotiating a settlement of bilateral disputes". In the Joint Statement Between China and the Philippines on the Framework of Bilateral Cooperation in the 21st Century issued in May 2000, the two sides agreed "to promote a peaceful settlement of disputes through bilateral friendly consultations and negotiations in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea". In September 2011, China and the Philippines issued a joint statement, in which the leaders of the two countries "reiterated their commitment to addressing the disputes through peaceful dialogue".

The best way to solve the South China Sea dispute is for Beijing and Manila to build on this consensus and conduct direct negotiations. The arbitration move pushed by the Philippines has damaged bilateral relations, made no contribution to the solution of the South China Sea dispute, and will not change the fact that China has sovereignty over the Nansha Islands and their adjacent waters. Nor will it impair China's determination and willpower to safeguard its national sovereignty and maritime interests and rights, nor change China's constant stance and policy with regard the South China Sea issue and safeguarding regional peace and stability with countries surrounding the South China Sea.

The author is an associate researcher on Southeast Asia studies at the China Institutes of Contemporary International Relations.