中国对南海诸岛的主权不容否定
China’s Sovereignty over South China Sea Islands Brooks No Denial

钟声
Zhong Sheng

菲律宾在其南海仲裁案实体问题庭审中进一步暴露出本来面目。庭审中,菲律宾围绕中国对南海诸岛的主权大做文章,极力否定中国的领土主权。这反而充分说明中菲南海争议的本质就是领土争议,菲提起仲裁案的动机和目的完全是为了否定中国对南海诸岛的主权。但无论“仲裁”这一闹剧怎么演,中国对南海诸岛的主权不容否定。
The hearing on the merits of the South China Sea arbitration case further reveals the true colors of the Philippines. The truth about the “Emperor’s New Clothes” is out. During the hearing, the Philippines made a big fuss about China’s sovereignty over the South China Sea Islands and went out of its way to negate China’s territorial sovereignty. This fully demonstrates that the South China Sea dispute between China and the Philippines is, in essence, a dispute about territory. The only motive and objective of the Philippines’ initiation of the arbitration is to deny China’s sovereignty over the South China Sea Islands. But no matter how this “arbitration” farce continues to play out, China’s sovereignty over the South China Sea Islands brooks no denial.

菲方不顾基本的历史常识,妄称中国人民历史上在南海没什么活动和存在,从未拥有对南海诸岛的主权。然而历史不容否认,南海诸岛自古就是中国领土。历代中国政府通过行政设置、军事巡航、生产经营、海难救助等方式,持续对南海诸岛进行管辖。日本侵略者在发动全面侵华战争后,侵占了中国西沙、南沙群岛。抗战胜利后,中国派军舰收复西沙、南沙群岛,在岛上派兵驻守并建立各类军事、民事设施,从法律和事实上恢复对南海诸岛行使主权。
In disregard of basic historical facts, the Philippines falsely claims that the Chinese people historically have carried out few activities and have had no presence in the South China Sea, and China never has sovereignty over the South China Sea Islands. History, however, brooks no denial. The South China Sea Islands have been China’s territory since ancient times. Successive Chinese governments have exercised continuous jurisdiction over the islands by means of administrative control, military patrol, production and business operations, and maritime disaster relief, among others. During the Japanese war of aggression against China, Japan occupied China’s Xisha and Nansha islands. Following its victory in the war, China sent warships to recover the Xisha and Nansha islands, and garrisoned troops and built various military and civilian facilities on the islands, thus resuming exercise of sovereignty over the South China Sea Islands de jure and de facto.

菲方不顾二战中被日本军国主义侵略蹂躏的惨痛历史,居然称《开罗宣言》和《波茨坦公告》没有法律约束力。《开罗宣言》和《波茨坦公告》是二战期间的重要国际法文件,是战后东亚国际秩序的基石。两文件明确规定,日本应归还窃取的中国领土。日本在中日邦交正常化的文件中也明确承诺遵守《波茨坦公告》有关规定。菲当局的某些人,利令智昏,数典忘祖,公然践踏菲律宾人民的感情和世界反法西斯战争的胜利果实。
Disregarding its untold suffering and devastation inflicted by the Japanese militarist aggression during the Second World War, the Philippines unexpectedly claimed the Cairo Declaration and the Potsdam Proclamation not legally binding. As a matter of fact, these two documents are important international legal instruments published during the Second World War, and form the bedrock of the post-war international order in East Asia. It is clearly stipulated in the two documents that Japan shall return the Chinese territory it had stolen from China. In the document on normalization of its diplomatic ties with China, Japan also made explicit commitment to complying with the relevant provisions of the Potsdam Proclamation. Some members of the Philippine authorities, out of their smug calculation of territorial expansion, have turned a blind eye to historical facts and gone so far as to seek selfish interests at the expense of the feelings of the Philippine people and the fruits of the World Anti-Fascist War. This only exposes the shortsightedness of these Philippine politicians, who could have no bottom line at all even in pursuit of just a few petty interests.

菲律宾妄称,南沙群岛二战后是“无主地”,声称1951年《旧金山和约》只规定了日本放弃对南沙群岛的权利和要求,并未明确规定“放弃”给中国。且不说中国不承认《旧金山和约》这一事实,中国一直拥有南海诸岛的主权,二战胜利后又通过一系列行动收复南沙群岛,可以说是物归原主。南沙群岛一直是中国的,何来“无主地”?炮制“无主地”说辞,充分暴露了菲方领土扩张主义和毫无底线的贪欲。
The Philippines erroneously claims that the Nansha Islands have been “terra nullius” since the end of the Second World War, saying that the San Francisco Peace Treaty signed in 1951 only asked Japan to give up its rights and claims on the Nansha Islands without clarifying that the islands should be returned to China. First of all, China does not recognize the San Francisco Peace Treaty. Secondly, China has all along enjoyed sovereignty over the South China Sea Islands; it restored the jurisdiction over the Nansha Islands after the Second World War through a series of actions, or in another word, the Nansha Islands have been returned to their original owner. In this sense, the Nansha Islands have always been China’s territory. How can they become “terra nullius”? Fabrication of the excuse of “terra nullius” only lays bare the Philippines’ territorial expansionism and insatiable greed.

中菲南海争议的本质是20世纪70年代以后菲律宾非法侵占中国南沙群岛部分岛礁所产生的领土争议。中菲之间曾多次就通过谈判协商解决有关争议达成共识。菲方为了强行提起仲裁,不惜违背承诺,将争议伪装成所谓的“《联合国海洋法公约》解释和适用”的争端。然而,撕下这层伪装,世人都能清晰地看出这一争端的实质和本源。中菲之间围绕南沙岛礁的争议与《公约》解释与适用何干?菲单方面提起的仲裁案,不过是披着法律外衣的政治挑衅,菲方是想借此闹剧攫取中国的领土。
In essence, the South China Sea dispute between China and the Philippines is a territorial dispute between the two countries caused by Philippines’ illegal occupation of some islands and reefs of China’s Nansha Islands after the 1970s. China and the Philippines have on many occasions reached consensus on resolving the relevant dispute through negotiations and consultations. To push ahead with the arbitration, the Philippines broke its promises, and disguised the dispute into one over the so-called “interpretation and application of the UNCLOS”. Once the disguise is removed, however, people will see clearly the essence and root cause of the dispute. What does the dispute between China and the Philippines over the Nansha islands and reefs have to do with the interpretation and application of the UNCLOS? The unilateral initiation of the arbitration is an out-and-out political provocation under the cloak of law. The ulterior motive of the Philippines is to snatch China’s territory through a farce like this.

然而,中国人民捍卫自己国土的决心坚如磐石,中国的领土只能由中国人民自己做主。任何依靠一纸所谓的“裁决”来否定中国主权和权益的企图,都只是镜花水月般的妄想。菲方为了扩张领土,自食其言,偷梁换柱,只能让世人不齿。
Nevertheless, the determination of the Chinese people to safeguard its territorial integrity is as firm as a rock. Only the Chinese people have the final say when it comes to China’s territory. Any attempt to negate China’s sovereignty, rights and interests through a so-called “arbitration award” will be nothing but wishful thinking, just like flowers in a mirror and reflection of the moon in water. By going back on its own words and confusing the concepts for the purpose of territorial expansion, the Philippines will only end up bringing disgrace on itself.