QUESTIONABLE JURISDICTION
Outwardly, Manila's request was to determine the nature of features "under Chinese control" in the South China Sea. But its real agenda was to confuse the maritime rights assigned to different features, e.g. islands, low-tide elevations or submerged banks, with China's sovereignty over the Nansha Islands and its waters.
By dwelling on the nature of the features, the Philippines has attempted to limit China's maritime rights and interests to individual features, denying China's historic rights over the Nansha Islands as a whole.
Hence, the Philippines' requests are essentially about territorial sovereignty and maritime delimitation. Territorial issues are subject to general international law rather than the United Nations Convention on the Law of the Sea (UNCLOS), under which the tribunal operates.
In addition, China excluded disputes concerning maritime delimitation, historic bays or titles from UNCLOS dispute settlement procedures in 2006, according to the UNCLOS stipulation.
HISTORICAL FACTS
Before the colonization of Southeast Asia by Western powers, the South China Sea had been a peaceful and prosperous hub for trade and cultural exchanges for over a thousand years.
In AD 671, the Chinese monk Yi Jing set sail across the South China Sea to study Buddhism in India and came back 25 years later. During his journey, Yi visited 30 ancient countries in the South China Sea region, during which he shared Chinese culture and technology with his hosts.
Yi was among more than 60 Chinese monks who traveled through the South China Sea to India during that period. Their writings and travel logs are evidence that proves China's active role in promoting peace and prosperity in the waters.
In various Chinese dynasties, offices on sea affairs were set up, along with the launch of coast patrols to ensure safe passage in the waterway. For about a hundred years, China had worked with the state of Malacca to combat piracy in the South China Sea, until Malacca was colonized by Portugal in 1611.
MEDIA MISINFORMATION
China's rights over the South China Sea are backed by numerous historical records. However, some Western media have either turned a blind eye to the facts or twisted them to make up their own version of the "truth."
In Tanmen, a fishing village in southern China, a retired fisherman told BBC that he once had an ancient book with navigation directions to the South China Sea. But he threw it away as it was no longer readable after being used for hundreds of years.
Upon hearing this, the BBC reporter started to question the existence of the book, suggesting the old fisherman, who had trusted him with his family story, was lying. He went on to accuse Chinese media, which had first reported on the book, of having made up the story to bolster China's claims.
Had the reporter bothered to visit the Hainan Provincial Museum, he would have seen those ancient navigation guides on public display.
In fact, generations of fishermen living in a number of harbors in Hainan have relied on such ancient guides to navigate in the South China Sea. At least 12 versions of them can be found in museums or fishing villages.
NEGOTIATION THE ONLY WAY
Any ultimate resolution of territorial issues must be based on the will of the states involved. History, national interests and people's feelings of each side need to be acknowledged and taken into consideration before any reconciliation and agreement can be achieved.
A rushed decision by a third party often leads to more disputes and conflicts. In Southeast Asia alone, problematic demarcations by colonists left Malaysia, Thailand, Indonesia and Cambodia with long-standing land disputes among them and even separatist violence.
The South China Sea issue involves waters of 3.5 million square kilometers and several parties in the region. Its magnitude and complexity far exceed the capacity of any tribunal.
In addition, China has made it clear that the arbitration is illegal, null and void, and that the country does not accept it or participate in it.
Without China's acknowledgement and support, the "award" of the arbitration is practically infeasible, or "just a piece of paper," as described by former Chinese State Councilor Dai Bingguo.
"China will never give up our lawful rights. Chinese people do not believe in fallacy nor are we afraid of evil forces," Chinese President Xi Jinping said on July 1, commemorating the 95th founding anniversary of the Communist Party of China.
"Chinese people do not make trouble, but we are not cowards when involved in trouble," Xi said.
The newly-elected Philippine President Rodrigo Duterte has on multiple occasions shown willingness to resume talks with the Chinese side, a good starting point for reconciliation and mutual understanding between the two countries.
Hopefully, this "piece of paper" can serve as a lesson to remind all parties involved that there is no shortcut to resolving the South China Sea issue, and that the final solution to it can only be found at the negotiation table.
