王福康大使：所謂“南海仲裁案”的真相

所謂“南海仲裁案”的真相
The Truth of the So-cAlled South China Sea Arbitration

中國駐馬爾代夫大使 王福康
Wang Fukang, Ambassador of the People’s Republic of China to the Republic of Maldives

2016年5月16日
May 16, 2016

近一段時間以來，菲律賓單方面執意推進南海仲裁案，引起國際輿論關注，並引發各方對南海緊張局勢加劇的擔憂。作爲南海問題的利益攸關方，中國被貼上“恃強凌弱”、“目無法紀”的標籤，被描繪成影響南海和平與穩定的不安因素。
Recently, the South China Sea Arbitration unilaterally initiated and pushed forward by the Philippines has attracted international attention and raised all parties’ concerns on the tension in the South China Sea. As a stakeholder of the South China Sea issue, it seems that China has been stuck labeled bullying small by being big and described as a challenge to peace and stability in the South China Sea.

在南海仲裁案問題上，涉及到中國，是是非非總“亂花漸欲迷人眼”，不乏偏見和誤會，導致做出錯誤的判斷，累積惡意和對抗，成爲籠罩在南海和平上的陰霾。中國在南海問題上的外交主張清晰而連貫，即始終維護南海和平穩定和航行及飛越自由，始終堅持由直接當事國通過協商談判和平解決有關爭議，由地區沿岸國家共同管控矛盾，共同維護南海和平與安全。
When it comes to China’s role in the South China Sea Arbitration, what is right or wrong looks like bunches of flowers which make eyes confused. It is hard for China to shake off prejudices and misunderstandings. Accumulated hostility and confrontation becomes black clouds covering peace of the South China Sea. The diplomatic proposition of China on the South China Sea Issue is consistent and clear-cut, that is, China always upholds peace, stability and freedom of navigation and overflight in the South China Sea, always insists that the relevant disputes should be resolved through friendly consultations and negotiations by the countries directly concerned and the countries along the South China Sea coast should work together to manage disputes and maintain peace and stability in the South China Sea.

南海問題的實質是領土問題和海洋劃界爭議。歷史事實是南海諸島自古以來是中國的領土，中方從日本手中收回南沙羣島是世界反法西斯戰爭的重要勝利果實，爲《開羅宣言》和《波茨坦公告》所莊嚴宣告。菲律賓覬覦南海油氣資源，自1970年起悍然違反《聯合國憲章》，侵佔中方8個島嶼。爲掩蓋其侵略事實，菲方玩起了黑魔法，提出了仲裁案，試圖藉助《聯合國海洋法公約》有關規定，以侵佔島礁位於其領土200海里內爲理由，通過海洋管轄權主張否定中方既有領土主權和海洋權益，混淆視聽，譁衆取寵，令人不齒。
The nature of the South China Sea Issue is the territorial issues and disputes of maritime delimitation. The South China Sea Islands and Reefs have been China’s territory since ancient time. That China restored Nansha Islands from Japanese was an important fruit of victory in the World Anti-Fascist War, and was solemnly announced by the Potsdam Proclamation and the Cairo Declaration. The Philippines coveted the oil and gas resources in the South China Sea, wantonly violated the UN Charter and invaded and illegally occupied 8 islands and reefs of China since 1970s. In order to conceal its invasion, the Philippines began to play “black magic”, initiated the arbitration, and tried to deny China’s existing territorial sovereignty and maritime rights and interests by taking advantage of the relevant stipulations of United Nations Convention on the Law of the Sea (UNCLOS) and by claiming that the islands and reefs it had invaded and illegally occupied was located within the 200 nautical miles off its coast. The Philippines tried to mislead the international opinion and catch people’s attention by hyping the issue, which is shameful.

2002年，中菲共同簽署《南海各方行爲宣言》，規定應由直接有關的主權國家通過談判協商解決有關領土和海權爭議。2011年，兩國政府發表聯合聲明，亦選擇通過談判解決爭議。現在菲方單方面挑起仲裁案，背棄了約定，失信於中方，失信於世人。中方不接受、不參與仲裁則是依法行事，首先《聯合國海洋法公約》無法調整領土問題，因而仲裁庭無權對領土問題作出裁定；其次中方早在2006年即依據《公約》規定做出聲明，將海洋劃界問題排除在強制仲裁之外。中方站得正，坐得端，也希望國際社會在仲裁案上去僞存真，擇善而從。因爲中方做出排除強制性仲裁決定正是基於《公約》第298條賦予的權利。
Paragraph 4 of the Declaration of Conduct on the South China Sea (DOC) signed by China and ASEAN Member States, including the Philippines, in 2002, clearly stipulates that “the parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, through friendly consultations and negotiations by sovereign states directly concerned”. The Philippines still issued a statement jointly with China in 2011 undertaking to resolve disputes through negotiations and consultations. Now, the Philippines unilaterally initiated the arbitration. It is an act dishonoring its commitment to China and the world. As a result, it is a legal act that China does not accept or recognize such arbitration. Firstly, territorial issues are subject to general international law, not UNCLOS. Secondly, the declaration on optional exceptions China made in 2006 in accordance with Article 298 of UNCLOS excludes disputes concerning maritime delimitation. China’s claim is justifiable and China is also willing to discard the false and retain the true, and accept what is just in the international community.

沿着古老的海上絲綢之路，中國人民最早發現、命名和開發經營南海諸島，並將它們做爲溝通友鄰，溝通文明的紐帶。如今，伴隨着21世紀海上絲綢之路建設的推進，南海諸島將在“開放合作、互利共贏”新時代精神指引下爲地區和平和繁榮發揮更大作用。和平深植中華民族的基因，中方從不散佈衝突和對抗，南海的航行和飛越自由也從未因中方而受阻。中方願與有關國家共同維護南海的和平穩定，實現共同繁榮。中方呼籲菲方從大局出發，以更建設性的姿態處理南海問題，重返談判協商的軌道。
Along the ancient maritime Silk Route, it was the Chinese people that first to discover, name and develop the South China Sea Islands and Reefs and made them a link to connect friends, neighbors and other civilizations. Now, as the initiative of 21st Century Maritime Silk Road is pushing forward, the South China Sea Islands will play a larger role in maintaining peace and prosperity under the direction of the spirit of new era featuring “openness, cooperation, mutual benefit and win-win”. Peace is deeply rooted in the gene of the Chinese nation. China has never disseminated conflicts and confrontations. The Chinese side urges the Philippines side to think from the perspective of the overall situation, address the South China Sea issue in a more constructive way and return to the track of negotiations and consultations.