South China Sea ruling ‘final and binding’ only if jurisdiction is clear, says Hong Kong law expert
Beijing and Manila should go back to the negotiating table in quest for resolution
A landmark international tribunal ruling that denied China’s expansive claims to the South China Sea is “final and binding” under the UN Convention on the Law of the Sea as long as the jurisdiction is clear, according to a Hong Kong-based international law expert.
An award is an award. It has binding effect as a matter of law
Teresa Cheng, chairwoman of the Hong Kong International Arbitration Centre, also called on China and the Philippines, which took its rival claims to the Permanent Court of Arbitration in The Hague, to start negotiations to resolve their disputes.
“An award is an award. It has binding effect as a matter of law,” Cheng said. “But if the jurisdiction is wrong, then that would be a different matter. That is why China does not accept it is binding because they see it as being wrong.”
Despite China repeatedly dismissing the tribunal’s jurisdiction, the bitter disputes between Beijing and Manila culminated in the ruling on Tuesday, dealing a sweeping blow to China’s increasing assertiveness in the South China Sea.
Beijing has refused to accept the ruling while urging all parties to refrain from provocation.
Cheng also suggested that the tribunal’s reasoning behind the ruling may have been flawed.
A judgment is written for the losing parties because the losing parties have to be convinced