However, it now appears that the Philippines sees China’s self-restraint as being weak. It has therefore gone one step further. It not only wants Chinese islands and reefs but has also filed for arbitration to drape its illegal occupation in the cloak of law.

Yet the tribunal has no jurisdiction over the case at all. The submissions made by the Philippines appear to be related only to the classification of maritime features and fishery disputes, but are in essence inseparable from territorial sovereignty and maritime delimitation.

Territorial sovereignty is not within the scope of the UN Convention on the Law of the Sea (UNCLOS), whose preamble states that it establishes a legal order for the seas and oceans “with due regard for the sovereignty of all States”. China made a clear declaration in 2006 in accordance with UNCLOS to exclude maritime delimitation from compulsory arbitration. More than 30 other countries, including Britain, have made similar declarations.

Despite the fact that this tribunal has no jurisdiction over either territorial sovereignty or maritime delimitation, the Philippines has abused its right of action by knowingly initiating an unlawful case.

The tribunal meanwhile has abused its right of competency by knowingly accepting a case that is clearly not within its jurisdiction.