Arbitral court not a UN agency
Updated: 2016-07-15 08:05
By Wang Qingyun(China Daily Europe)
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The United Nations said on July 13 it has nothing to do with the Permanent Court of Arbitration, which set up a tribunal that handled the South China Sea arbitration case the Philippines filed unilaterally in 2013.
In a post on Sina Weibo, the Chinese equivalent of Twitter, the UN said the court is a "tenant" of the Peace Palace in The Hague, "but has nothing to do with the UN".
The UN said the International Court of Justice, its principal judicial organ set up according to the Charter of the UN, is also located in the Peace Palace.
The construction of the palace was managed by the Carnegie Foundation, which is still the building's owner and manager, according to the Peace Palace website.
The UN said it makes an annual donation to the foundation for using the Peace Palace.
When asked about the arbitral tribunal's case's ruling on July 12, Stephane Dujarric, spokesman for UN Secretary-General Ban Ki-moon said on July 12 "The UN doesn't have a position on the legal and procedural merits" of the South China Sea arbitration case.
In response, Foreign Ministry spokesman Lu Kang said China will, as always, observe the goals and principles set up by the UN Charter, and solve maritime disputes peacefully by having talks with countries directly involved, "on the basis of firmly guarding China's territorial sovereignty and maritime interests".
Lu said: "China is a responsible member of the international community. It's an important advocate and loyal implementer of the UN's cause to push forward the international rule of law."
Li Jinming, a professor of international maritime law at Xiamen University, points out that the use of terms such "UN tribunal" or "UN-backed tribunal" - frequently reported by Western media - is incorrect, as they confuse the PCA with the UN's ICJ.
Wang Hanling, a maritime law researcher at the Chinese Academy of Social Sciences, says some countries and media are "deliberately" confusing the tribunal with the ICJ.
wangqingyun@chinadaily.com.cn
(China Daily European Weekly 07/15/2016 page7)
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