IV The Philippines Has Repeatedly Taken Moves that Complicate and Escalate the Relevant Disputes

Since the 1980s, the Philippine Government has repeatedly taken moves that complicate and escalate the relevant disputes.

The Philippines has built military facilities, including airfields and naval docks, on some islands and reefs it invaded and illegally occupied.

Still worse, on May 9, 1999, the BRP Sierra Madre (LT-57) of the Philippines intruded into China's Ren'ai Jiao and illegally ran it aground on the pretext of "technical difficulties". China immediately demanded the Philippines to remove that vessel. The Philippines promised to tow away the vessel, but it has taken no action.

On March 14, 2014, the Philippine Department of Foreign Affairs openly declared that the vessel was placed in Ren'ai Jiao as a permanent Philippine Government installation. This was an apparent attempt to provide an excuse for its continued refusal to fulfill its undertaking to tow away that vessel in order to illegally seize Ren'ai Jiao.

The Philippines has increasingly intensified its infringement of China's maritime rights and interests.

The Philippines has repeatedly intruded into relevant waters of China's Nansha Islands, harassing and attacking Chinese fishermen and fishing boats conducting routine fishing operations. Currently available statistics show that from 1989 to 2015, 97 incidents occurred in which the Philippines infringed upon the safety, life and property of Chinese fishermen: 8 involving shooting, 34 assault and robbery, 40 capture and detention, and 15 chasing. In addition, the Philippines treated Chinese fishermen in a violent, cruel and inhumane manner.

The Philippines also has territorial pretensions on China's Huangyan Dao and attempted to occupy it illegally.

Huangyan Dao is China's inherent territory. Before 1997, the Philippines had never challenged China's sovereignty over Huangyan Dao, nor had it laid any territorial claim to it.

On April 10, 2012, the Philippines' naval vessel BRP Gregorio del Pilar (PF-15) intruded into the adjacent waters of China's Huangyan Dao, illegally seized Chinese fishermen and fishing boats operating there and treated the fishermen in a grossly inhumane manner, thus causing the Huangyan Dao Incident. In response to the Philippines' provocation, the Chinese Government promptly dispatched China Maritime Surveillance and China Fisheries Law Enforcement vessels to Huangyan Dao to protect China's sovereignty and rescue the Chinese fishermen. In June 2012, the Philippines, conscious of its own wrongdoing, withdrew relevant vessels and personnel from Huangyan Dao.

On January 22, 2013, the Philippines unilaterally initiated the South China Sea arbitration. In doing so, the Philippines has turned its back on the consensus reached and repeatedly reaffirmed by China and the Philippines to settle through negotiation the relevant disputes in the South China Sea and violated its solemn commitment made by itself in the DOC.

This initiation of arbitration aims not to settle its disputes with China, but to deny China's territorial sovereignty and maritime rights and interests in the South China Sea. This course of conduct is taken out of bad faith.

First, the Philippines has violated its standing agreement with China to settle the relevant disputes through bilateral negotiation.

Second, the Philippines has violated China's right to choose means of dispute settlement on its own will as a state party to UNCLOS.

Third, the Philippines has abused the UNCLOS dispute settlement procedures. The essence of the arbitration initiated by the Philippines is an issue of territorial sovereignty over some islands and reefs in the South China Sea, and the resolution of the relevant matters also constitutes an integral part of maritime delimitation between China and the Philippines. Land territorial issues are not regulated by UNCLOS.

Fourth, in order to push forward the arbitral proceedings, the Philippines has distorted facts and concocted a pack of lies.

In conclusion, the awards rendered by the Arbitral Tribunal in the South China Sea arbitration established at the Philippines' unilateral request have no binding force. Nor do they have any effect on China's sovereignty over the South China Sea Islands and China's maritime rights and interests in the South China Sea. China does not accept or recognize the awards. China will never accept any claim or action on the pretext of these awards.