A core claim made by the Philippines concerns the maritime rights China asserts on the basis of the dotted line in the South China Sea. Some voices in the international community have expressed the hope that China clarify the meaning of the dotted line. But the Position Paper does not answer these questions. What are the considerations behind this?

Xu: In 1948, then Chinese Government published an official map that displayed the dotted line in the South China Sea. The Position Paper does mention this fact when setting out the historical background to the relevant dispute in the South China Sea.

China's position on the issue is consistent and clear. China has indisputable sovereignty over the South China Sea Islands and the adjacent waters. China's sovereignty and maritime rights and interests in the South China Sea have formed and evolved over a long period of history. They are solidly grounded in history and law and have been continuously upheld by the Chinese Government.

Given China's decision not to accept or participate in the arbitration, the Position Paper of the Chinese Government only expounds on its view that the Arbitral Tribunal has no jurisdiction over this case. It does not address the substantive issues involved in the arbitration. This point is made very clear in the introduction of the Position Paper.

It has been learned that the Arbitral Tribunal requested that China submit its counter-memorial before December 15 of this year. The Chinese Government has chosen to publish the Position Paper at this juncture. May the Position Paper be considered as a response to the request of the Arbitral Tribunal? What effect will the Position Paper have on the Arbitral Tribunal?

Xu: The Position Paper of the Chinese Government is neither a counter-memorial on the arbitration nor a response to the request of the Arbitral Tribunal. The publication of the Position Paper does not represent China's acceptance of or participation in the arbitration initiated by the Philippines. China's position not to accept or participate in the arbitration will not change.

The Chinese Government publishes this Position Paper in order to set forth its legal positions, together with due reasoning and support, on the matter of jurisdiction in this arbitration. On the basis of international law, this Position Paper debunks the Philippines' groundless assertions and projects China's image as a defender and promoter of the international rule of law. I believe that any organ or individual that conscientiously upholds the rule of law will respect and appreciate the stand of the Chinese Government.

What positive effect will the publication of the Position Paper have on the settlement of relevant disputes in the South China Sea and the maintenance of peace and stability in the South China Sea?

Xu: The Position Paper elucidates legally why the Arbitral Tribunal has no jurisdiction over the compulsory arbitration unilaterally initiated by the Philippines and why China's decision to neither accept nor participate in the arbitration is well grounded in law. At the same time, the Position Paper stresses that negotiation is recognized by international law as the most direct, most effective and most frequently used means of peaceful settlement of international disputes. It sends a message to the international community that the relevant countries must properly handle their disputes in the South China Sea; any attempt to impose one's will on others will get nowhere, and consultation and negotiation are the right way forward.

As pointed out in the Position Paper, through negotiation China has settled its land boundary with almost all of its neighbors and has delimited its maritime boundary in Beibu Bay with Viet Nam. Facts have shown that the existence of differences is nothing to be afraid of, neither is the complexity of the issues. As long as the relevant countries have the goodwill and engage in friendly consultations and negotiations on an equal footing, they can enhance mutual trust, expand common understanding and gradually and properly settle their territorial and maritime delimitation disputes. The same is true with the South China Sea issue.

China urges the Philippines to return to the right track of negotiation to settle the disputes. China is also ready to work with all relevant countries to resolve their disputes through negotiation and on the basis of respect for historical facts and international law, and strengthen win-win cooperation, to jointly maintain peace and stability in the South China Sea.

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