Disregarding China's strong objections, the Philippines approached an international tribunal in January 2013 for arbitration in the South China Sea dispute. Manila's continuous push for mandatory arbitration since then has prompted the tribunal to ask Beijing to respond by Dec 15.

China issued a document on Dec 7 reiterating that it will not accept or participate in such kind of arbitrations. The document is neither a response to the arbitral tribunal's demand, nor a plea for China itself. The document makes it legally clear that the tribunal has no jurisdiction over the case.

The Philippines' request seeking arbitration is based on its argument that China's claims in the South China Sea, including its "historic rights" and 200-nautical-mile territorial claim over the surrounding reefs and undersea resources, do not conform to the United Nations Convention on the Law of the Sea. Manila also accuses Beijing of "illegally" interfering with the rights it has been granted by the Convention.

China has clarified that any judgment on the scope of its maritime rights in the South China Sea should be made according to its territorial sovereignty in the sea, and that the ownership of some reefs in the South China Sea and its maritime rights are inseparable from its territorial sovereignty in the sea. China's activities in the South China Sea are legitimate because they are based on its sovereignty over specific reefs in the sea and its extended maritime rights around their waters. But the Philippines claims China's actions are intrusions into the waters under its jurisdiction.

It is thus self-evident that before passing a verdict on the dispute, it is necessary to first decide the sovereignty of the reefs and draw a maritime boundary.