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属于我们的领土, 我们寸土不让! (关于南海仲裁, 我们的回应在这里)
来源:21mr007娱乐    日期: 2016-07-13

(图片来源:人民日报微博)
  新华社海牙7月12日电(记者刘芳 甘春)建立在菲律宾共和国阿基诺三世政府非法行为和诉求基础上的南海仲裁案仲裁庭12日就涉及领土主权及海洋划界等仲裁庭本无管辖权的事项作出了非法无效的所谓最终裁决。对此,中国政府多次郑重声明,菲律宾单方面提起仲裁违背国际法,仲裁庭对此案没有管辖权。仲裁庭裁决是非法无效的,中国不接受,不承认。   中华人民共和国外交部关于应菲律宾共和国请求建立的南海仲裁案仲裁庭所作裁决的声明
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, 中国外长王毅就所谓南海仲裁庭裁决结果发表谈话
  全文如下:    今天,一个临时组建的仲裁庭,就菲律宾前任政府单方面提起的南海仲裁案作出所谓裁决,企图损害中国在南海的领土主权和海洋权益。就此,中国外交部已经发布声明,表明中方不接受、不承认仲裁裁决的严正立场。同时,中国外交部还受权发布了《中华人民共和国政府关于在南海的领土主权和海洋权益的声明》,郑重阐述了中国在南海享有的领土主权和海洋权益。在此基础上,我愿进一步阐明中方的态度:     第一,南海仲裁案从头到尾就是一场披着法律外衣的政治闹剧,这一本质必须予以彻底的揭露。     菲律宾前任政府在某些域外势力的策划操纵下,不经当事方同意,背弃通过双边谈判协商解决争端的协议,违反《南海各方行为宣言》中的承诺,单方面提起所谓仲裁案。其目的显然不是为了妥善解决中国与菲律宾之间的争议,而是意在侵犯中国的领土主权和海洋权益,损害南海地区的和平与稳定。对于这样一个程序和法律适用牵强附会,证据和事实认定漏洞百出的仲裁案,中国人民根本不会接受,国际上一切主持公道的人们也都不会认同。     第二,中国不接受、不参与仲裁,是在依法维护国际法治和地区规则。     国际法赋予各国自主选择争端解决方式的权利;《联合国海洋法公约》规定成员国有权排除强制性管辖程序;中国与东盟十国签署的《南海各方行为宣言》明文规定应由直接当事国通过对话谈判来解决具体争端。因此,中国选择不接受、不参与仲裁,具有充分的法理依据,符合国际海洋法制度规范,完全是在依法行事。     仲裁庭作出的所谓裁决侵犯了中方的合法权利,挑战了尊重主权和领土完整的国际法准则,损害了国际海洋法律制度的严肃性和完整性,冲击了以《南海各方行为宣言》为基础的地区规则。仲裁庭的成立缺乏合法性,对本案不具管辖权,其裁决明显扩权、越权,不可能产生任何法律效力。     我尤其要指出的是,已经有越来越多的国家和有识之士,尤其是国际法律界人士对此案表明了担忧和质疑。60多个国家公开理解和支持中方的立场和主张,这些正义的声音,国际社会应当倾听。     第三,中国在南海的领土主权和海洋权益拥有坚实的历史和法律根基,不受所谓仲裁庭裁决的影响。     中国政府今天发布的声明,再次阐明了中国在南海所拥有的领土主权和海洋权益。包括中国对南海诸岛拥有主权;中国基于南海诸岛主权拥有内水、领海、毗连区、专属经济区和大陆架;中国在南海拥有历史性权利。     我要在此强调,中国在南海的领土主权和海洋权益,不是今天才提出来的新主张,包括南海断续线在内,都是在长期历史过程中形成的客观事实,为历届中国政府所坚持。任何势力企图以任何方式贬损或否定中方的领土主权和海洋权益,都将是徒劳的。在领土主权和海洋权益问题上,中国不会接受任何未经中方同意的第三方解决方式,不会接受任何强加于中国的解决方案。这个充满争议和不公的临时仲裁庭代表不了国际法,代表不了国际法治,更代表不了国际公平与正义。     第四,中国将继续致力于通过谈判协商和平解决争端,维护好本地区的和平稳定。     作为国际秩序的建设者和地区和平的维护者,中国将继续坚持依据国际法,通过直接当事方谈判协商和平解决争端;坚持维护各国依法享有的航行和飞越自由;坚持全面有效落实《南海各方行为宣言》,并在此框架下推进“南海行为准则”磋商进程。     仲裁案以及由此引发的恶意炒作和政治操弄,将南海问题带入了一个加剧紧张对抗的危险境地,完全不利于维护本地区的和平稳定,完全不符合中菲两国、地区国家和整个国际社会的共同利益。现在,这场闹剧已经结束,是回到正确轨道的时候了。     中方注意到菲律宾新政府最近做出的一系列表态,包括愿同中国就南海问题恢复协商对话。中方乐见菲律宾新政府以实际行动展现改善中菲关系的诚意,同中方相向而行,妥善管控分歧,推动中菲关系尽快重回健康发展的轨道。     最后,我愿重申,发展与周边国家的睦邻友好,是中国持之以恒的既定方针;维护本地区的和平稳定,是中国当仁不让的国际责任;坚持走和平发展道路,是中国坚定不移的战略选择。中国,将为捍卫《联合国宪章》的宗旨和国际关系基本准则、维护国际法治的公平正义、促进人类的和平与发展事业,继续做出自己应有的贡献。   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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