西太平洋地区成为美国重返亚太战略的重要舞台，而中国与邻国的海洋争端是其主要抓手。美国介入南海，频繁制造事端，旨在遏制中国，主宰亚太，维持其世界霸主地位。美国认为，《日美安保条约》是战后东亚秩序的基石，再加上美韩军事同盟，东北亚及东海地区已平衡，无需再平衡。美国从政治、经济、军事、外交各方面大力推动的“亚太再平衡战略”主要是针对南海及东南亚地区。把南海仲裁案放在此背景下透视，幕后推手原形毕露。

一、美国怂恿菲律宾单方面提起仲裁，对中国发动法律战和舆论战

在菲律宾突然对中国提起仲裁之前，中菲一直在《联合国海洋法公约》、《南海各方行为宣言》及一系列双边机制框架下就南海问题保持磋商。2010年美国“重返亚太”，称其在南海有国家利益，美国将继续“强有力且永久地维持在亚洲的存在”，利用美国的实力在亚太建立“基于规则的秩序”。美国支持菲律宾通过国际仲裁解决南海争端，“而不必害怕任何形式的报复，包括恐吓和逼迫”。2013年菲律宾提出仲裁后，美国要求中国接受、参与仲裁，并不断制造国际舆论支持菲律宾，抹黑中国。

二、美国为菲律宾有关仲裁活动提供多方面的支持和帮助

美国在人力、财力、法律、军事、外交等多方面支持菲律宾挑战中国。且不说南海仲裁案菲方律师团队主要由美国律师担任，仲裁费“首付”由美国有关机构提供，美国还为菲律宾提供军事支持和援助。在美菲军事同盟及一系列有关军事合作协议的基础上，2014年4月，美国与菲律宾签署《强化防务合作协议》。2016年3月双方达成协议，允许美军以轮换驻扎的方式使用菲律宾的五处军事基地。美国实施的总额为4.25亿美元的“东南亚海上安全倡议”，大部分用于菲律宾的海上能力建设。美国声明，如果中菲发生冲突，美国会遵守《美菲共同防御条约》，为菲律宾提供军事保护。美国对菲军援不断增加，助长了菲律宾对抗中国的气焰。

三、美国对南海仲裁案仲裁庭施加影响和压力

2014年12月5日，美国国务院发表《海洋界限——中国在南中国海的海洋主张》，诋毁中国南海九段线及相关权益主张的合法性，支持菲律宾的仲裁请求，对南海仲裁案仲裁庭有关管辖权裁决施加影响和压力的意图十分明显。美国配合仲裁进程，派出军舰和飞机多次闯入南海有关岛礁12海里海域，实行所谓的“航行自由”行动。在仲裁庭即将作出最终裁决之际，美方号召其“地区及全球伙伴”采取措施，支持“以规则为基础的亚太秩序”。

四、美国拉拢盟国及其他国家就南海问题及南海仲裁案对中国施压

美国挑唆其盟国及“伙伴”利用南海仲裁案共同挑战中国。美国提出印度、日本、澳大利亚与美国在亚太地区“联合巡航”，建立非正式战略同盟；建议东盟国家建立南海联合巡航力量，并承诺美国第七舰队将为此提供支持；鼓动日本将空中巡逻范围扩至南海；全面解除对越南的武器销售禁令，训练越南的海岸卫队，提高越南在海上执行任务的能力。此外，美国对世界各国进行游说和施压，要求它们支持菲律宾，反对或至少不表态支持中国的南海立场。

五、美国多方逼迫中国执行南海仲裁裁决

针对中国对南海仲裁案“不接受，不参与”的态度，美国表示，美国及盟友均认为，国际仲裁必须获得尊重，如果中国拒绝照办，将会付出代价。此外，美军加强在南海的“航行自由”行动，从军事上挑战中国在南海的主权及海洋权益主张，对中国进行武力干预和施压。

六、美国要求台湾当局放弃南海历史性权利的主张，不得在南海问题上与大陆合作。

美国才是南海仲裁案幕后的“仲裁员”，而菲律宾只不过是为美国战略利益服务的走卒。中国看透了这一点，所以中国抵制南海仲裁及其裁决这场“披着法律外衣的政治闹剧”。

The Western Pacific has become an important arena for the US execution of its “return to the Asia-Pacific” strategy, and the maritime disputes between China and its neighbors have been used by the US as an excuse to pursue this strategy. The moves taken by the US, such as meddling in South China Sea affairs and frequently creating troubles, are aimed to contain China, dominate the Asia-Pacific, and defend its primacy in the world. As the US sees it, with the US-Japan Security Treaty serving as the bedrock of the post-WWII order in East Asia, and the establishment of the US-ROK military alliance, the situation in Northeast Asia and the East China Sea already features a good balance, and there is no need to strive for rebalance. The political, economic, military and diplomatic efforts made by the US to promote the “Asia-Pacific rebalance strategy” are mainly targeted at the South China Sea and Southeast Asia. Through the prism of this background, it is not hard to find out who is the real force behind the South China Sea arbitration case.

1. The US instigated the Philippines to unilaterally initiate the arbitration in an attempt to launch a legal and public opinion war against China.

Before the Philippines suddenly initiated the arbitration, it had all along maintained consultation with China on the South China Sea issue under the framework of the United Nations Convention on the Law of the Sea, the Declaration on the Conduct of Parties in the South China Sea and a number of bilateral mechanisms. In 2010, the US announced its decision to “return to the Asia-Pacific”, claiming that it has “national interests” in the South China Sea, and that it will continue to keep a strong and permanent presence in Asia and use its power to build a rules-based order in the Asia-Pacific. It expressed its support for the Philippines in resolving the South China Sea disputes through international arbitration, asking the latter not to be afraid of any reprisal, including intimidation or coercion. Since the initiation of the arbitration by the Philippines in 2013, the US has been urging China to accept and participate in the arbitration, and launched an international publicity campaign to support the Philippines and tarnish China's reputation.

2. The US has provided multifaceted assistance to the Philippines in support of its arbitration activities.

The US has given advisory, financial, legal, military, diplomatic and a host of other support to the Philippines as the latter challenges China. To begin with, the South China Sea arbitration legal team of the Philippines is mainly composed of American lawyers, and the “down payment” for the arbitration was earmarked by some American institutions. The US has offered relevant military backing and assistance to the Philippines. On the basis of the US-Philippines military alliance treaty and a series of military cooperation agreements, in April 2014, the US and the Philippines signed the Enhanced Defense Cooperation Agreement, and in March 2016, the two countries reached an agreement that allows for rotational deployment of US forces at five Philippine military bases. The lion's share of the 425 million dollar offered by the US under the Southeast Asia Security Initiative will be used for the Philippines' maritime capacity building. The US has also promised to provide military protection to the Philippines under the Mutual Defense Treaty if conflicts arise between China and the Philippines. The increasing US military support has emboldened the Philippines in its arrogant stance toward China.

3. The US has manipulated and put pressure on the Arbitral Tribunal in the South China Sea arbitration.

On Dec 5, 2014, the US State Department published Limits in the Seas — China: Maritime Claims in the South China Sea, which denies the legality of China's dotted line and its relevant claims in the South China Sea. The US intention to support the Philippines' arbitration submissions and exert influence and pressure on the Arbitral Tribunal is obvious. To support the arbitration process, the US sent military vessels and planes to intrude into the 12-nautical mile sea area of the relevant islands and reefs in the South China Sea to carry out the so-called “freedom of navigation” operations. As the Arbitral Tribunal is about to render its final award, the US calls on its “regional and global partners” to take measures to bolster the rules-based order in the Asia-Pacific.

4. The US has drawn its allies and other countries over to put pressure on China over the South China Sea issue and the South China Sea arbitration.

The US instigates its allies and “partners” to challenge China on the pretext of the South China Sea arbitration. The US initiated “joint patrols” by India, Japan, Australia and the US in the Asia-Pacific and the establishment of an informal strategic alliance; it proposed that ASEAN countries build South China Sea joint patrol force, and said its Seventh Fleet would offer support in this regard; it prodded Japan to extend its air patrol to the South China Sea; it completely lifted the ban on arms sales to Vietnam, and trained Vietnamese coast guards to improve the country's maritime operation capability. In addition, the US has tried to persuade and pressure countries across the world to support the Philippines and oppose, or at least not expressly support China's position on the South China Sea issue.

5. The US has taken various measures to force China to implement the South China Sea arbitration award.

On China's position of not accepting and not participating in the South China Sea arbitration, the US says that it is the view of the US and its allies that international arbitration must be respected, and China will have to pay a price if it refuses to do so. Besides, the US has stepped up its “freedom of navigation” operations in the South China Sea in an attempt to challenge through military means China's claims to sovereignty and maritime rights and interests in the South China Sea, so as to intervene in China's internal affairs and put pressure on China.

6. The US has urged the Taiwan authorities to give up its claims to historic rights in the South China Sea and not to cooperate with the mainland over the South China Sea issue.

To sum up, the US is the real arbitrator in the South China Sea arbitration case, and the Philippines is being used by the US merely as a pawn to serve the strategic interests of the US. It is precisely because we have seen through this that we choose to resist the South China Sea arbitration — a political farce under the cloak of law — and reject any award that comes out of the arbitration.

Authors:

Wang Hanling, Director of the Center for Ocean Affairs and the Law of the Sea of the Chinese Academy of Social Sciences, and research fellow of China South China Sea Research Coordination and Innovation Center.

Zheng Yaran, post-graduate from the Department of Law of the Graduate School of the Chinese Academy of Social Sciences.