Qingdao, Shandong Province — China’s Foreign Ministry has declared that the South China Sea arbitration misinterpreted and distorted the United Nations Convention on the Law of the Sea (UNCLOS), emphasizing the importance of customary international law in maritime disputes.
Speaking at the International Symposium on “Review of the South China Sea Arbitration Awards” held in Qingdao on Thursday, Ma Xinmin, director-general of the Department of Treaty and Law of the ministry, highlighted that continental states’ outlying archipelagos are a distinct category of national territory recognized by international law.
“The legal status of archipelagos as unified entities and their maritime rights are well-established principles of customary international law that predate UNCLOS,” Ma stated. “The regime governing these rights continues to be regulated by customary international law in parallel with the convention. After the adoption of the convention, these matters remain outside its scope. Undoubtedly, this does not conflict with the convention.”
Ma criticized the assertions of “convention supremacy,” “convention exclusivity,” and “convention priority,” suggesting they should be reconsidered in light of customary international practices. He urged the international community to fully respect customary international law and recognize the sovereignty, sovereign rights, and jurisdiction of continental states with outlying archipelagos.
“This attitude is essential for truly upholding the authority and integrity of international law of the sea and ensuring international fairness and justice,” he concluded.
The South China Sea remains a region of strategic importance and territorial disputes. China’s stance reflects its commitment to historical claims and customary law, challenging arbitration outcomes that it perceives as inconsistent with these principles.
Reference(s):
China: South China Sea arbitration misinterprets, distorts UNCLOS
cgtn.com