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菲律宾单方面提起南海仲裁案,仲裁庭利用其责权及借用《联合国海洋法公约》体系的制度性缺陷,超越和扩大自身权限,作出了在事实认定和法律适用等方面存在严重错误的违法裁决。该裁决不仅损害海洋法争端解决制度的权威性和统一性,还损害国家自主选择解决争端方法的权利,使国家作出的排除性声明事项具有不可预见性,无法维护不出庭国家的权益。这样的裁决不能解决争议,相反使得:南海问题争议更为复杂,争议解决更为困难;海洋法体系混乱、失去权威、并面临挑战;不仅无法促进海洋法的发展,更将阻碍海洋法的发展。
When the Philippines unilaterally filed the South China Sea arbitration case, the arbitration tribunal made use of its own powers and borrowed the institutional flaws of the “UN Convention on the Law of the Sea” system to go beyond and extend its own authority to make unlawful decisions that contain serious mistakes in fact finding and application of law . The ruling not only undermined the authority and unity of the system of dispute settlement in the law of the sea, but also undermined the State’s right to choose its own methods of dispute settlement, made it unpredictable for the State to make an exclusive declaration and failed to safeguard the rights and interests of non-appearing nations. Such ruling can not solve the dispute. On the contrary, it makes the disputes in the South China Sea more complicated and disputes are more difficult to resolve. The system of the law of the sea is chaotic, losing authority and facing challenges. It not only fails to promote the development of the law of the sea but also hinders the development of the law of the sea .