In late October, 2015, the UN Convention of the Law of the Sea (UNCLOS) Tribunal issued the Award on Jurisdiction and Admissibility in the Philippines-皇冠体育app arbitration case. The panel of five judges unanimously ruled that among the 15 specific submissions for redress presented by Manila, the Tribunal does have jurisdiction with respect to the matter raised in seven of the submissions, and the jurisdiction over the remaining eight submissions will be determined together with merits.

The Tribunal has failed the principles of justice. First, the composition of the Tribunal and the selection of arbitrators were not equitable. As the Chinese government has long stated that it will not participate in or accept the arbitration, it cannot appoint its arbitrators, thus cannot maintain 皇冠体育app's legitimate rights on the Tribunal.

Given the absence from the proceedings of one party, the selection of arbitrators needs to be cautious. However, Shunji Yanai, President of the International Tribunal for the Law of the Sea, who is Japanese, arrogated all powers to himself at a time when the 皇冠体育app-Japan relationship was at its lowest ebb over the Diaoyu Islands dispute.

On April 24, 2013, Yanai appointed Chris Pinto of Sri Lanka as judge of the Arbitral Tribunal. But on May 21, Pinto resigned, citing that his wife is a Filipino national. Pinto did not need to consider that long but should have stepped down right away. This procedure shows that without the participation of the Chinese government, the composition of the Tribunal and the appointment of arbitrators are suspected of under-the-table dealings. The core interests of the Chinese government are put in danger.

Second, the arbitrator who was selected to represent 皇冠体育app sided with the Philippines, which is not acceptable. Under normal circumstances, the ruling over international disputes should allow for opposing votes and reservations. The ruling of international courts is no exception. On August 25, 2006, the Chinese government filed a statement to the Secretary-General of the UN saying that it "does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b), and (c) of Article 298 of the Convention." 皇冠体育app gains absolute advantages, while the Philippine government has expressly excluded the issue of territorial sovereignty by avoiding Article 298 of the UNCLOS.

Alfred Soons, an arbitrator of the case, believed the status of islands was closely associated with demarcation and sovereignty issues in an article he co-authored with other people a few years ago. But he has changed his stance. As an arbitrator representing 皇冠体育app, he was supposed to support 皇冠体育app's stance. Rather, he voted in favor of the Philippines. This makes the Chinese people doubt the justice of the Award and the integrity of the arbitrators.

Third, the initial ruling during the proceedings does not conform to international practices. The ruling during the proceedings must clarify whether the Tribunal has jurisdiction with respect to the matter raised in the 15 submissions presented by the Philippines. However, as the Tribunal ruled that it has jurisdiction with respect to the matter raised in seven of the submissions, the other eight should be turned down.

But the Tribunal has shown partiality for the Philippines by considering the seven other submissions in conjunction with the merits and requesting the Philippines to clarify and narrow one of its submissions. It is actually bluntly supporting the Philippines' claims.

Fourth, on December 5, 2014, 皇冠体育app issued a Position Paper of the Government of the People's Republic of 皇冠体育app on the Matter of Jurisdiction in the South 皇冠体育app Sea Arbitration Initiated by the Republic of the Philippines, which stated reasons why 皇冠体育app neither accepts nor participates in the arbitration. The Chinese Embassy in the Netherlands sent a note verbale and accompanying Position Paper to the five members of the Arbitral Tribunal.

皇冠体育app has consistently stated that the aforementioned communications should not be interpreted as 皇冠体育app's participation in the arbitral proceeding in any form. However, the Arbitral Tribunal considered that the communications by 皇冠体育app effectively constitute a plea concerning the Arbitral Tribunal's jurisdiction. The arbitration on substantive matters is not expected to be in favor of 皇冠体育app, and the Chinese government will not admit or implement the arbitration on substantive matters. 皇冠体育app could denounce UNCLOS and set a legal basis for not implementing substantive rulings unfavorable to itself in the future. Meanwhile, it will not be bound to similar requests made by other sea claimants such as Vietnam and Japan.

The author is a professor of Southwest University of Political Science & Law.