Chinese diplomat elected to maritime disputes tribunal amid South China Sea tension and US objection
- Duan Jielong was elected to serve a nine-year term on the International Tribunal for the Law of the Sea
- The US opposed the Chinese candidate, arguing that China disregarded international law in the South China Sea
Duan Jielong, China’s ambassador to Hungary, was among six judges elected at Monday’s 30th meeting of the States Parties to the United Nations Convention on the Law of the Sea (Unclos) at the UN headquarters in New York.
Duan will be the fourth Chinese official to serve as a member of the Itlos. His nine-year term starts on October 1.
The tribunal, established under Unclos, is an intergovernmental organisation based in Hamburg, Germany, to settle international maritime disputes. It has 21 seats and the election at the 30th meeting was to replace seven of the judges.
There are 168 States Parties to the UN Convention on the Law of the Sea. Duan received 149 votes.
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David Stilwell, US assistant secretary of state for East Asian and Pacific affairs, said: “Electing a PRC [People’s Republic of China] official to this body is like hiring an arsonist to help run the fire department.”
On Tuesday, Chinese foreign ministry spokesman Zhao Lijian said China had always supported Itlos and the election of Duan meant China‘s contribution was recognised.
“[It] has again proven that some individual country’s attempt to suppress the Chinese candidate with their own agenda is unpopular and fruitless,” Zhao said. “I believe the judges-elect will do their duty justly and contribute to the court, as well as carry out peaceful resolution of maritime disputes.”
Beijing denied the jurisdiction of the PCA over the case, refused to take part in its hearings and dismissed the PCA award made in 2016. It ruled that China’s nine-dash line claim was invalid and the artificial islands in the South China Sea generated no maritime rights.
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Monday’s meeting also elected judges from Malta, Italy, Chile, Cameroon and Ukraine. An additional vote will be held to decide the last seat between candidates from Jamaica and Brazil.
Itlos is one of many means for settling disputes. In its 24 years, the tribunal has received 28 cases, including those covering the prompt release of vessels and crews, coastal state jurisdiction in maritime zones, freedom of navigation, hot pursuit, the marine environment, flags of convenience and the conservation of fish stocks.
Since its establishment in 1996, there has always been a Chinese judge on the tribunal. Duan’s predecessors include Zhao Lihai (from 1996 to 2000), Xu Guangjian (from 2001 to 2007) and Gao Zhiguo (from 2008 to 2020).
Duan has a master’s degree in law and studied at Columbia University’s law school. He previously served as the Chinese ambassador to Singapore, and worked in the Chinese foreign ministry’s Department of Treaty and Law throughout the 2000s, when the Chinese government reached a Declaration on the Conduct of Parties in the South China Sea with Asean.
Beijing claims most of the South China Sea, through which US$5 trillion worth of goods are transported annually.
