The PCA’s decisions that impinge on the interests of the Republic of China (Taiwan), especially with regard to the status of Taiping Island, have seriously undermined the ROC’s rights over the South China Sea islands and their relevant waters. The award is unacceptable to the government of the ROC and has no legally binding force on it for the following reasons:
- The tribunal did not formally invite Taiwan to participate in its proceedings, nor did it solicit its views.
- It took it upon itself to expand its authority, declaring Taiping Island and other features in the Nansha (Spratly) Islands, to be rocks that “do not generate an exclusive economic zone.” This decision severely jeopardizes the legal status of the South China Sea islands, over which the ROC exercises sovereignty and their relevant maritime rights.
- Taiping Island meets the criteria of an island as defined under Article 121 of the UN Convention on the Law of the Sea: it has fresh water, livestock and habitants, evidence it can sustain human habitation and an economic life of its own.
We urge disputes in the South China Sea be settled peacefully through multilateral negotiations, in the spirit of setting aside differences and promoting joint development. Taiwan is willing, through negotiations conducted on the basis of equality, to work with all states concerned to advance peace and stability in the South China Sea.
Rong-chuan Wu, representative, Taipei Economic and Cultural Office in Canada, Ottawa.
