The South China Sea issue, which is currently pending before an arbitral tribunal under the United Nations Convention of the Law of the Sea (UNCLOS), is unsuitable for adjudication and the tribunal should think twice before issuing a ruling which might enjoy little support, said Tom Zwart, professor of law at the Netherlands’ Utrecht University.
Zwart told Xinhua that certain types of conflict cannot be solved by courts and tribunals, because “there are too many parties involved and too many interests at stake.”
“Even if China would be willing to take part, I would still advise not using arbitration in this case,” he said in a phone interview with Xinhua on Tuesday.
He said that the approach of the tribunal, which deals with the case featuring one polarized party against another, is alien to East Asia’s culture of harmony, which relies on the willingness to reconcile conflicts and differences. Read More