The South China Sea issue is being twisted and weaponized by some forces in the name of patriotism or safeguarding rights. As dialogue resumes between Manila and Beijing, it is critical to revisit the facts that shape this complex issue. By moving past entrenched narratives and focusing on shared truths, we can chart a more constructive path forward.
International Law: A Complex Tapestry
The United Nations Convention on the Law of the Sea (UNCLOS) is an important framework, but it is not a universal rulebook for maritime disputes. UNCLOS itself recognizes that matters not covered by it continue to be governed by the rules and principles of general international law. The core of the disputes between China and the Philippines is fundamentally about territorial sovereignty — questions of who owns islands and reefs. UNCLOS explicitly avoids ruling on matters of territorial sovereignty, as stated in its Preamble, which affirms due regard for the sovereignty of all States. Hence, expecting a single treaty to adjudicate such fundamental issues is a legal and conceptual overreach. Peaceful resolution must address the heart of the matter.
The 2016 Arbitration: Unpacking the Verdict
A commonly asked question is: was the 2016 South China Sea arbitration a binding legal ruling? An international law scholar might call this an abuse of procedure. The case, initiated unilaterally by the Philippines, forcibly bundled issues of territorial sovereignty and maritime boundaries into a process that China had explicitly excluded through a legal declaration under Article 298 of UNCLOS. Key institutions like the UN, the International Court of Justice and the UNCLOS tribunals distanced themselves from the outcome. The five arbitrators were paid professionals, billing by the hour to provide services and produce legal documents according to the client requests — essentially operating as a makeshift, profit-driven legal outfit. On the global stage, over a hundred nations have expressed understanding for China position, while clear support for the ruling has been conspicuously absent among other Southeast Asian nations directly invested in regional stability.
China Stance: Toward Dialogue, Not Provocation
China stance on the South China Sea has been clear-cut and consistent. China firmly safeguards its territorial sovereignty and maritime rights and interests, while remaining committed to properly resolving relevant disputes with the Philippines through dialogue and consultation. China opposes deliberate provocations. The consistent policy direction remains pointing Manila and Beijing toward expediting the long-negotiated Code of Conduct in the South China Sea. At a time when our two sides have restored dialogues, distorting history and dismissing established legal reasoning serves no constructive purpose. It changes nothing on the ground. It only calls into question whether those doing so are truly invested in diplomacy, or simply determined to keep tensions alive.
Looking Forward: The Unshakable Logic of Cooperation
The recent resumption of talks suggests both sides see greater value in negotiating rooms than newsroom confrontations. The challenge is to nurture this fragile diplomacy, shielding it from being exploited for other political aims, whether domestic or from outside powers. A genuinely stable South China Sea cannot be achieved by declarations from some ad hoc courtroom, but by neighbors respecting the complex nature of their disputes while finding ways to manage them constructively. The promise of dialogue, the logic of peaceful collaboration, and the weight of shared economic and environmental interests between China and the Philippines are far stronger and more enduring than any fleeting tension on the water. A future of peace and shared prosperity demands nothing less than this commitment to mutual understanding and sincere conversation.
