Rightways to Success: United Nations distances itself from Permanent Court of Arbitration on South China Sea

国际法院（ICJ）在此希望媒体和公众注意，南海仲裁案（菲律宾共和国与中华人民共和国）裁决结果由常设仲裁法院(PCA)提供秘书服务下的一个特别仲裁庭做出。相关信息请访问PCA网站（www.pca-cpa.org）。国际法院作为完全不同的另一机构，至始至终未曾参与该案，因此在国际法院网站上无法查询到相关信息。

The International Court of Justice (ICJ) wishes to draw the attention of the media and the public to the fact that the Award in the South China Sea Arbitration (The Republic of the Philippines v. The People’s Republic of China) was issued by an Arbitral Tribunal acting with the secretarial assistance of the Permanent Court of Arbitration (PCA). The relevant information can be found on the PCA’s website (www.pca-cpa.org). The ICJ, which is a totally distinct institution, has had no involvement in the above mentioned case and, for that reason, there is no information about it on the ICJ’s website.

A screenshot of the official Sina Weibo account of the UN which states that the Hague-based Permanent Court of Arbitration independent from the UN. [Photo: Weibo.com]

The United Nations has made it clear that it had nothing to do with the Hague-based Permanent Court of Arbitration (PCA).

A tribunal, which was established and registered at the PCA, issued an ill-founded award on Tuesday through the abuse of law on the arbitration case unilaterally initiated by the Philippines against China in 2013.

In a post on its official Twitter-like Sina Weibo account on Wednesday, the United Nations pointed out that the International Court of Justice (ICJ) is the UN's principal judicial organ, which was set up in June 1945 in accordance with the Charter of the United Nations.

The post added that the ICJ is a totally distinct institution from the PCA and it had no involvement in the above mentioned case.

In fact, the PCA in The Hague just happens to be neighbors with the ICJ, as both are located in the Peace Palace in The Hague in the Netherlands. Of the six major organs of the United Nations, the ICJ is the only one located outside New York City in the United States, the headquarters of the United Nations.

UN distances itself from Permanent Court of Arbitration

The International Court of Justice has taken the unusual step of distancing itself from the Permanent Court of Arbitration, which ruled on the arbitration case unilaterally initiated by the Philippines against China in 2013, concerning the South China Sea disputes.

In a statement in both English and Chinese on its website the IJC said it wished to draw the attention of the media and the public to the fact that the award was issued by an Arbitral Tribunal acting with the secretarial assistance of the Permanent Court of Arbitration, and that no further information would be found on its website.

A former judge of the United Nations' International Court of Justice, Abdul G. Koroma, says the only link between the two bodies is their base in the Peace Palace in The Hague.

"The Permanent Court of Arbitration, the PCA, and the International Court of Justice share the same building in The Hague which is called the Peace Palace. So it's not very easy for a non-lawyer to be able to make the distinction between the two bodies." The former judge added the purpose of any arbitral settlement is to bring peaceful resolution of a conflict, rather than for any political motives.

The United Nations has also made it clear that the Permanent Court of Arbitration is not one of its organs. - http://english.cri.cn/index.htm

UN International Court had no role in Philippines case

The International Court of Justice (ICJ) rushed to dispel the myth that it was involved in the South China Sea arbitration case filed by the Philippines, just as the United Nations made a similar online clarification.

https://youtu.be/L1codx6AsR4

The ICJ, the UN”s principal organ of justice, issued a notice on its website that it is “a totally distinct institution” from the Permanent Court of Arbitration (PCA), which offered secretarial assistance to the Arbitral Tribunal that ruled on the case. The ICJ said it “has had no involvement in” that case.

It pointed out that it has posted no information about the case on its website and said that anyone seeking such information must refer to the PCA’s website.

On Wednesday, the UN said on its Sina Weibo micro blog that it “has nothing to do with” the PCA, though the ICJ is located in the Peace Palace in The Hague, as is the PCA.

Foreign Ministry spokesman Lu Kang said on Thursday that these clarifications “show there is no legitimacy or representativeness to how the temporary tribunal was composed and operated, as well as show that its so-called ruling has no authority or credibility at all, and is totally invalid and not binding.

“It seems that this also is the reason why after this illegal ruling came out, only three or four countries wishfully claimed that it was ‘legally binding’,” Lu said.

Zhao Jianwen, a researcher at the Institute of International Law of the Chinese Academy of Social Sciences, said the reason the UN and the ICJ made such statements is that they “want to stay clear” of the ruling in the arbitration case, which, as Zhao said quoting Vice-Foreign Minister Liu Zhenmin, might become “a notorious case”.

Zhao said “All of the tribunal’s expenses were paid by the Philippines, including its arbitrators’ wages, and these experts’ opinions are not neutral”. Also, the tribunal has no substantive relation with the PCA, he added.

The only relation between them is that the PCA offered secretarial service to the tribunal and the tribunal was held in the PCA’s hall, Zhao explained.

Zhao pointed out that the Arbitral Tribunal was a temporary one set up specially for proceeding the South China Sea case, and its work was “virtually done” once the ruling was issued.

By Wang Qingyun | China Daily | Beijinghttp: via The Jakarta Post: //www.thejakartapost.com/news/2016/07/15/un-international-court-had-no-role-in-philippines-case.html

Arbitral court not a UN agency

The United Nations said on Wednesday it has nothing to do with the Permanent Court of Arbitration (PCA), which set up a tribunal that handled the South China Sea arbitration case the Philippines filed unilaterally in 2013.

In a post on its Sina Weibo micro blog, the UN said the PCA is a “tenant” of the Peace Palace in The Hague, “but has nothing to do with the UN”.

The UN said the International Court of Justice, its principal judicial organ set up according to the Charter of the UN, is also located in the Peace Palace.

The construction of the palace was managed by the Carnegie Foundation, which is still the building’s owner and manager, according to the Peace Palace website.

The UN said it makes an annual donation to the foundation for using the Peace Palace.

When asked about the Arbitral Tribunal’s case’s ruling on Tuesday, Stephane Dujarric, spokesman for UN Secretary-General Ban Ki-moon said “The UN doesn’t have a position on the legal and procedural merits” of the South China Sea arbitration case.

In response, Foreign Ministry spokesman Lu Kang said China will, as always, observe the goals and principles set up by the Charter of the UN, and solve maritime disputes peacefully by having talks with countries directly involved, “on the basis of firmly guarding China’s territorial sovereignty and maritime interests”.

Lu said: “China is a responsible member of the international community. It’s an important advocate and loyal implementer of the UN’s cause to push forward the international rule of law.” Li Jinming, a professor of international maritime law at Xiamen University, pointed out that the use of terms such “UN tribunal” or “UN-backed tribunal” – frequently reported by Western media – is incorrect, as they confuse the PCA with the UN’s International Court of Justice (ICJ).

Wang Hanling, a maritime law researcher at the Chinese Academy of Social Sciences, said some countries and news media are “deliberately” confusing the tribunal with the ICJ./rga

-Inquirer.net

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