South China Sea arbitration invalid: Taiwan scholars

Any ruling of the Philippines-initiated arbitration of the South China Sea disputes will be invalid as the tribunal has no jurisdiction, experts in Taiwan said recently.

"Obvious legal and factual errors existed in the first stage of the arbitration when the tribunal in The Hague ruled on its jurisdiction rights," said Gau Sheng-ti, professor in public international law at the Law of the Sea Institute at Taiwan's Ocean University.

"The Philippines unilaterally initiated the arbitration, challenging China's territory claims in the South China Sea, which, nonetheless, includes contradictory demands," Gau said.

At the beginning of the process, the Philippines claimed the arbitration was not aimed at resolving territorial disputes with China but frequently mentioned territorial claims in its argument, Gau said.

Under the United Nations Convention on the Law of the Sea, the tribunal has no right to solve territorial disputes.

"It is understandable that China refused to participate in the arbitration," Gau said, "China has no obligation to accept any ruling."

Liu Fu-kuo, professor in international relations at Taiwan's Chengchi University, said, "The arbitration will not bring a constructive outcome for any parties concerned. Rather, it might complicate the situation and stir up further tension."

"The islands, reefs, waters and natural resources in the South China Sea concern sovereignty and overall interests, thus both sides of the Taiwan Strait face common challenge," Liu said. Endi