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屬于我們的領土, 我們寸土不讓! (關于南海仲裁, 我們的回應在這里)
來源:21英語網    日期: 2016-07-13


(圖片來源:人民日報微博)

 

新華社海牙7月12日電(記者劉芳 甘春)建立在菲律賓共和國阿基諾三世政府非法行為和訴求基礎上的南海仲裁案仲裁庭12日就涉及領土主權及海洋劃界等仲裁庭本無管轄權的事項作出了非法無效的所謂最終裁決。對此,中國政府多次鄭重聲明,菲律賓單方面提起仲裁違背國際法,仲裁庭對此案沒有管轄權。仲裁庭裁決是非法無效的,中國不接受,不承認。

 

中華人民共和國外交部關于應菲律賓共和國請求建立的南海仲裁案仲裁庭所作裁決的聲明


英文全文如下:

 

Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines

 

With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of the People's Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it.

 

1. On 22 January 2013, the then government of the Republic of the Philippines unilaterally initiated arbitration on the relevant disputes in the South China Sea between China and the Philippines. On 19 February 2013, the Chinese government solemnly declared that it neither accepts nor participates in that arbitration and has since repeatedly reiterated that position. On 7 December 2014, the Chinese government released 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, pointing out that the Philippines' initiation of arbitration breaches the agreement between the two states, violates the United Nations Convention on the Law of the Sea (UNCLOS), and goes against the general practice of international arbitration, and that the Arbitral Tribunal has no jurisdiction. On 29 October 2015, the Arbitral Tribunal rendered an award on jurisdiction and admissibility. The Chinese government immediately stated that the award is null and void and has no binding force. China's positions are clear and consistent.

 

2. The unilateral initiation of arbitration by the Philippines is out of bad faith. It aims not to resolve the relevant disputes between China and the Philippines, or to maintain peace and stability in the South China Sea, but to deny China's territorial sovereignty and maritime rights and interests in the South China Sea. The initiation of this arbitration violates international law. First, the subject-matter of the arbitration initiated by the Philippines is in essence an issue of territorial sovereignty over some islands and reefs of Nansha Qundao (the Nansha Islands), and inevitably concerns and cannot be separated from maritime delimitation between China and the Philippines. Fully aware that territorial issues are not subject to UNCLOS, and that maritime delimitation disputes have been excluded from the UNCLOS compulsory dispute settlement procedures by China's 2006 declaration, the Philippines deliberately packaged the relevant disputes as mere issues concerning the interpretation or application of UNCLOS. Second, the Philippines' unilateral initiation of arbitration infringes upon China's right as a state party to UNCLOS to choose on its own will the procedures and means for dispute settlement. As early as in 2006, pursuant to Article 298 of UNCLOS, China excluded from the compulsory dispute settlement procedures of UNCLOS disputes concerning, among others, maritime delimitation, historic bays or titles, military and law enforcement activities. Third, the Philippines' unilateral initiation of arbitration violates the bilateral agreement reached between China and the Philippines, and repeatedly reaffirmed over the years, to resolve relevant disputes in the South China Sea through negotiations. Fourth, the Philippines' unilateral initiation of arbitration violates the commitment made by China and ASEAN Member States, including the Philippines, in the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) to resolve the relevant disputes through negotiations by states directly concerned. By unilaterally initiating the arbitration, the Philippines violates UNCLOS and its provisions on the application of dispute settlement procedures, the principle of "pacta sunt servanda" and other rules and principles of international law. 

 

3. The Arbitral Tribunal disregards the fact that the essence of the subject-matter of the arbitration initiated by the Philippines is issues of territorial sovereignty and maritime delimitation, erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines, erroneously construes the legal effect of the relevant commitment in the DOC, deliberately circumvents the optional exceptions declaration made by China under Article 298 of UNCLOS, selectively takes relevant islands and reefs out of the macro-geographical framework of Nanhai Zhudao (the South China Sea Islands), subjectively and speculatively interprets and applies UNCLOS, and obviously errs in ascertaining facts and applying the law. The conduct of the Arbitral Tribunal and its awards seriously contravene the general practice of international arbitration, completely deviate from the object and purpose of UNCLOS to promote peaceful settlement of disputes, substantially impair the integrity and authority of UNCLOS, gravely infringe upon China's legitimate rights as a sovereign state and state party to UNCLOS, and are unjust and unlawful.

 

4. China's territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards. China opposes and will never accept any claim or action based on those awards.

 

5. The Chinese government reiterates that, regarding territorial issues and maritime delimitation disputes, China does not accept any means of third party dispute settlement or any solution imposed on China. The Chinese government will continue to abide by international law and basic norms governing international relations as enshrined in the Charter of the United Nations, including the principles of respecting state sovereignty and territorial integrity and peaceful settlement of disputes, and continue to work with states directly concerned to resolve the relevant disputes in the South China Sea through negotiations and consultations on the basis of respecting historical facts and in accordance with international law, so as to maintain peace and stability in the South China Sea.


7月12日, 中國外長王毅就所謂南海仲裁庭裁決結果發表談話

 

全文如下: 

 

今天,一個臨時組建的仲裁庭,就菲律賓前任政府單方面提起的南海仲裁案作出所謂裁決,企圖損害中國在南海的領土主權和海洋權益。就此,中國外交部已經發布聲明,表明中方不接受、不承認仲裁裁決的嚴正立場。同時,中國外交部還受權發布了《中華人民共和國政府關于在南海的領土主權和海洋權益的聲明》,鄭重闡述了中國在南海享有的領土主權和海洋權益。在此基礎上,我愿進一步闡明中方的態度:

 

  第一,南海仲裁案從頭到尾就是一場披著法律外衣的政治鬧劇,這一本質必須予以徹底的揭露。

 

  菲律賓前任政府在某些域外勢力的策劃操縱下,不經當事方同意,背棄通過雙邊談判協商解決爭端的協議,違反《南海各方行為宣言》中的承諾,單方面提起所謂仲裁案。其目的顯然不是為了妥善解決中國與菲律賓之間的爭議,而是意在侵犯中國的領土主權和海洋權益,損害南海地區的和平與穩定。對于這樣一個程序和法律適用牽強附會,證據和事實認定漏洞百出的仲裁案,中國人民根本不會接受,國際上一切主持公道的人們也都不會認同。

 

  第二,中國不接受、不參與仲裁,是在依法維護國際法治和地區規則。

 

  國際法賦予各國自主選擇爭端解決方式的權利;《聯合國海洋法公約》規定成員國有權排除強制性管轄程序;中國與東盟十國簽署的《南海各方行為宣言》明文規定應由直接當事國通過對話談判來解決具體爭端。因此,中國選擇不接受、不參與仲裁,具有充分的法理依據,符合國際海洋法制度規范,完全是在依法行事。

 

  仲裁庭作出的所謂裁決侵犯了中方的合法權利,挑戰了尊重主權和領土完整的國際法準則,損害了國際海洋法律制度的嚴肅性和完整性,沖擊了以《南海各方行為宣言》為基礎的地區規則。仲裁庭的成立缺乏合法性,對本案不具管轄權,其裁決明顯擴權、越權,不可能產生任何法律效力。

 

  我尤其要指出的是,已經有越來越多的國家和有識之士,尤其是國際法律界人士對此案表明了擔憂和質疑。60多個國家公開理解和支持中方的立場和主張,這些正義的聲音,國際社會應當傾聽。

 

  第三,中國在南海的領土主權和海洋權益擁有堅實的歷史和法律根基,不受所謂仲裁庭裁決的影響。

 

  中國政府今天發布的聲明,再次闡明了中國在南海所擁有的領土主權和海洋權益。包括中國對南海諸島擁有主權;中國基于南海諸島主權擁有內水、領海、毗連區、專屬經濟區和大陸架;中國在南海擁有歷史性權利。

 

  我要在此強調,中國在南海的領土主權和海洋權益,不是今天才提出來的新主張,包括南海斷續線在內,都是在長期歷史過程中形成的客觀事實,為歷屆中國政府所堅持。任何勢力企圖以任何方式貶損或否定中方的領土主權和海洋權益,都將是徒勞的。在領土主權和海洋權益問題上,中國不會接受任何未經中方同意的第三方解決方式,不會接受任何強加于中國的解決方案。這個充滿爭議和不公的臨時仲裁庭代表不了國際法,代表不了國際法治,更代表不了國際公平與正義。

 

  第四,中國將繼續致力于通過談判協商和平解決爭端,維護好本地區的和平穩定。

 

  作為國際秩序的建設者和地區和平的維護者,中國將繼續堅持依據國際法,通過直接當事方談判協商和平解決爭端;堅持維護各國依法享有的航行和飛越自由;堅持全面有效落實《南海各方行為宣言》,并在此框架下推進“南海行為準則”磋商進程。

 

  仲裁案以及由此引發的惡意炒作和政治操弄,將南海問題帶入了一個加劇緊張對抗的危險境地,完全不利于維護本地區的和平穩定,完全不符合中菲兩國、地區國家和整個國際社會的共同利益。現在,這場鬧劇已經結束,是回到正確軌道的時候了。

 

  中方注意到菲律賓新政府最近做出的一系列表態,包括愿同中國就南海問題恢復協商對話。中方樂見菲律賓新政府以實際行動展現改善中菲關系的誠意,同中方相向而行,妥善管控分歧,推動中菲關系盡快重回健康發展的軌道。

 

  最后,我愿重申,發展與周邊國家的睦鄰友好,是中國持之以恒的既定方針;維護本地區的和平穩定,是中國當仁不讓的國際責任;堅持走和平發展道路,是中國堅定不移的戰略選擇。中國,將為捍衛《聯合國憲章》的宗旨和國際關系基本準則、維護國際法治的公平正義、促進人類的和平與發展事業,繼續做出自己應有的貢獻。

 

英文全文如下:

 

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

 

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. 

 

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.

 

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.

 

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

 

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.

 

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. 

 

I want to point out that more and more countries in the world as well as people with vision have expressed concerns and doubt about the case, especially legal experts worldwide. Over 60 countries have publicly expressed their understanding and support for China’s position. These are voices of justice that the international community should well listen to.

 

Third, China’s territorial sovereignty and maritime rights and interests in the South China Sea are based on solid historical and legal ground. They shall not be affected by the award of the Arbitral Tribunal.

 

The statement issued today by the Chinese government reaffirmed once again China’s territorial sovereignty and maritime rights and interests in the South China Sea. They include, inter alia:

 

China has sovereignty over Nanhai Zhudao (the South China Sea Islands); China has internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf based on its sovereignty over Nanhai Zhudao; and China has historic rights in the South China Sea.

 

I must stress that China’s territorial sovereignty and maritime rights and interests in the South China Sea are not new claims. These, including the dotted line, have been formed in the long course of history, and have been upheld by the successive Chinese governments. Any attempt by any force to undermine or deny in any way China’s territorial sovereignty and maritime rights and interests will be futile and will fail. On issues of territorial sovereignty and maritime rights and interests, China will not accept any means of third-party dispute settlement without China’s prior consent or any imposed solution. This temporary tribunal, unjust and highly controversial, does not stand for international law, the rule of law or equity and justice in the world. 

 

Fourth, China will remain committed to peaceful settlement of disputes through consultation and negotiation, and will continue to work for peace and stability in this region.

 

China is a contributor to global order and regional peace. China will stay committed to peaceful settlement of disputes with parties directly concerned through negotiation and consultation and in accordance with international law. China is committed to upholding the freedom of navigation and overflight enjoyed by all other countries under international law. China is committed to the full and effective implementation of the DOC, and will work to advance the consultations on a Code of Conduct within the framework of the DOC. 

 

The arbitration and the out-of-bad-faith dramatization and political manipulation that ensued have put the South China Sea issue to a dangerous situation, with growing tension and confrontation. It is detrimental to peace and stability in the region, and it does not serve the common interests of China and the Philippines, countries in the region or the wider international community. Now the farce is over. It is time that things come back to normal. 

 

China has noted the latest statements by the new government of the Philippines, including its readiness to re-open consultation and dialogue with China on the South China Sea issue. China hopes that the goodwill of the new Philippine government for improving relations with China will be accompanied with real actions, and that the Philippine side will work with us to properly manage differences and bring China-Philippines relations back to the track of healthy development at an early date. 

 

Finally, I wish to reiterate that it is China’s long-standing commitment to grow good-neighborly and friendly relations with its neighbors. China has an international responsibility to uphold peace and stability in this region, and China will remain firm in its strategic determination to pursue peaceful development. China will continue to do what it can to safeguard the purposes of the Charter of the United Nations and the basic norms governing international relations, to uphold international rule of law and equity and justice in the world, and to promote peace and development of mankind.





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